Legal expert, Gas Release Program Project management Office

The Energy Security Project (ESP) is a five-year project funded by the United States Agency for International Development (USAID)^[1] and the largest USAID project in Ukraine so far. The ESP is implemented by a USAID Contractor, Tetra Tech ES, Inc., a California-based leading provider of services in the areas of water, environment, infrastructure, resource management, energy, and international development.^[2]

The ESP mission is to enhance Ukraine’s energy security, improve the energy legal and regulatory environment in the country, and increase the resilience of Ukraine’s energy supply. This will help to support country’s economic development and sustain its democracy. ESP is working closely with the Government of Ukraine (GOU) to develop competitive energy markets. By doing so, ESP will facilitate private sector-led energy investments to provide affordable, reliable, resilient, and secure energy for all Ukrainians.

Background:

Considering the need for an active market liberalization, increasing liquidity, competition and price discovery on Ukrainian gas market, USAID ESP has been systematically supporting the concept of Gas Release Program (GRP) to be introduced in Ukraine. In April, 2021, USAID ESP presented the study on introducing GRP in Ukraine, considering the examples of similar programs in other European countries (Poland, Bulgaria, Romania, Hungary, Germany, Spain, Great Britain). The study’s findings were widely supported by the expert community, international and Ukrainian stakeholders, including the Ministry of Energy of Ukraine (MoE). On the 28th of August, 2021 the task of introducing GRP was seconded to the Cabinet of Ministers of Ukraine by the Presidential Decree No. 452/2021, enacting the decision of the Council of National Security and Defense of Ukraine from 30th of July, 2021. Eventually, the launch of GRP was included to the scope of further actions under the Memorandum of Economic and Financial Policies between IMF and the Government of Ukraine of November 8, 2021.

In order to achieve optimal results for introducing a GRP in Ukraine through broad expert and technical support, USAID ESP has agreed with MoE on the need for establishing the Gas Release Program Project Management Office (GRP PMO) embedded at the Ministry. The GRP PMO’s tasks would include developing the necessary model for gas release, legal framework, other instruments and providing a discussion platform for the market participants, governmental agencies, expert community and other stakeholders.

Position Summary:

Tetra Tech ES, Inc., implementing the USAID Energy Security Project (ESP) is looking to hire a Legal Expert who will assist in performing the objectives and contribute to the deliverables indicated below, provide support to GRP PMO Lead and all other cross-cutting activities. The Legal Expert GRP PMO is expected to be physically present at the premises of MoE and provided with the necessary minimal working conditions. Technical equipment: personal computers, IT software, necessary connected devices will be provided by USAID ESP. This is a full-time or short-term consultancy position for the period of 1 year with the possibility of extension basing on the actual situation with GRP introduction and gas market needs. The expected period of PMO GRP activity is the end of 2022 (by December 31, 2022).

Objectives/tasks:

The GRP PMO is a temporary working body embedded at the Ministry of Energy of Ukraine, which will act in accordance with the framework agreement between USAID ESP and MoE. The PMO GRP is subordinated and accountable for performance of its main objectives and activities to USAID ESP in line with this framework agreement but coordinates the technical level tasks and provides information on progress to MoE.

The main GRP PMO objectives include:

-        Preparation of the necessary legal framework for GRP;

-        Support in transforming gas market conditions to enable a well-functioning GRP;

-        Identification of the necessary gas volumes for release, stages and timings of GRP;

-        Coordination and communication with the main stakeholders;

-        Ensuring a high level of security of gas supply is maintained when introducing GRP;

-        Assistance in ad hoc tasks relating to GRP.

[Note: Each of these objectives includes some activities to be finally approved by ESP together with MoE]. The preliminary list of such activities include:

a)    In the area of preparation of the necessary legal framework for GRP:

-        Coordination of legal activities and legal support for GRP;

-        Developing draft primary and secondary sectoral legislation to introduce GRP;

-        Support in designing of necessary legal changes in other areas of Ukrainian law related to GRP (e.g., necessary amendments to Civil Code and legislation to introduce standardized products et al.).

-        Ensuring compliance with EU acquis in developing legal proposals for GRP;

Ensuring non-discrimination of market participants within the course of GRP

PMO GRP coordination of activities 

GRP PMO is to begin performing its approved activities based on the relevant agreement between USAID ESP and MoE.

MoE as the recipient of support from USAID ESP and the authority responsible for GRP in Ukraine, may clarify the technical details of each task and activities performed by GRP PMO at working level. To ensure this, GRP PMO is permitted to be present at MoE’s work planning and express its opinion towards the tasks related to GRP.

MoE top management may also ask GRP PMO to provide information on the ongoing progress with performance of the technical tasks agreed with GRP PMO. Moreover, GRP PMO may also receive some ad hoc requests from MoE’s officials – at the level of the Deputy Minister responsible for GRP – in the areas directly related to GRP in Ukraine. In case GRP PMO does not have enough capacities to process the particular ad hoc request(s) or such a request is not related to GRP, the GRP PMO shall notify about this the relevant Deputy Minister and USAID ESP.

GRP PMO should actively cooperate with MoE Oil & Gas Directorate and other units to the extent necessary to achieve the GRP objectives. The mode for such cooperation is to be agreed at working level when clarifying technical details of performance of the GRP PMO tasks with MoE. MoE units may ask for some additional support from GRP PMO in a form of ad hoc requests to provide through the MoE top management.

Deliverables:

• Drafts of the legal proposals to remove any legislative barriers for the successful GRP (based on the initial gap analysis);
• Presenting the solutions to overcoming market barriers (e.g., improving trading procedures, clearing, standardized products etc.);
• Preparing a set of indicators for tracking GRP impact on the market;
• Design the mechanism for stakeholders communication;
• Develop a set of measures to ensuring a high level of security of gas supply is maintained when introducing GRP;
• Develop the proposals for the volumes to be released in different stages and different segments of the market;
• Provide regular monitoring reports and indicate the issues to be addressed when GRP is launched.
• Degree in law with the focus on energy or civil, commercial, administrative, and any other relevant field of law;
• Deep understanding of EU energy, and particularly, gas acquis;
• Overall experience of work no less than 3 years. The experience in energy sector will be appreciated;
• Excellent legal drafting skills;
• Strong analytical skills and critical thinking;
• Motivated, disciplined, and hardworking.

Qualifications:

To apply: Please submit a CV in English and a cover letter with the title of the position in the subject line to [email protected]

Candidates are encouraged to provide also at least one reference.

There is no deadline associated with this position, Tetra Tech may fill the position when a qualified person is found. 

Only candidates who have been selected for an interview will be contacted.  No phone calls, please.

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