In-House Counsel Leadership in PPA Negotiations

Have you ever looked at a long-term contract and thought, this could either save us millions—or cost us everything? That’s exactly the kind of high-stakes decision companies face when signing Power Purchase Agreements (PPAs). These aren’t ordinary contracts. They’re 15- to 25-year deals that lock your business into energy pricing, sustainability commitments, and regulatory obligations.

That’s why in-house counsel leadership in PPA negotiations is more important than ever. These agreements touch every part of the business—finance, operations, ESG, and reputation. In a recent episode of Notes to My (Legal) Self, James Strange, Associate General Counsel at a nonprofit energy advisory firm, shared why legal teams need to be at the forefront. And his message was clear: when legal leads, the company wins.

Watch the full conversation with James Strange here:

PPAs are complex. They involve not just the energy provider, but also utility companies, renewable energy markets, regulators, and even sustainability watchdogs. If a contract isn’t structured thoughtfully, it could tie your business to outdated pricing, miss important compliance steps, or expose you to greenwashing claims.

In-house counsel are in the best position to lead because they understand the full picture—from the company’s long-term goals to its risk tolerance. They know how to balance business needs with legal safeguards, and they’re thinking 10, 15, even 20 years ahead. That’s a level of strategy most outside counsel simply can’t provide.

One of the biggest risks with PPAs is navigating the maze of energy laws. State regulations, local incentives, and federal oversight from agencies like FERC all play a role in how these contracts are priced and enforced. Miss one regulation, and you might face unexpected costs or compliance issues down the line.

There’s also the challenge of price volatility. While locking in a fixed rate might feel like a win today, energy markets shift fast. A contract that seemed smart five years ago could suddenly look expensive. In-house legal teams can build flexibility into the agreement—things like pricing adjustments or exit options—to keep the business protected as it grows and changes.

Many companies use PPAs to support their ESG goals, especially through Virtual PPAs that include Renewable Energy Credits (RECs). But if those RECs aren’t secured properly, any claims about reduced carbon emissions could fall apart—and fast.

That’s when the accusations of greenwashing start. And those aren’t just PR headaches anymore—they can lead to lawsuits, investor pressure, or regulatory scrutiny. Legal must ensure that every sustainability claim is backed by real contractual rights and aligns with recognized reporting standards like SASB or TCFD.

At the end of the day, PPAs aren’t just about buying power—they’re about building a future. And legal strategy plays a key role in making sure that future is secure, flexible, and aligned with the company’s mission.

In-house counsel leadership in PPA negotiations turns a risky, complicated process into a strategic advantage. It keeps your energy goals legally sound, your ESG commitments credible, and your company ready for whatever comes next.

So if your business is thinking about entering a PPA, get legal involved early. Because when in-house counsel leads the negotiation, you’re not just signing a contract—you’re protecting the future of your business.

 Watch the full conversation here: Notes to My (Legal) Self: Season 1, Episode 11 (ft. James Strange)

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