Barclay Damon
Barclay Damon

Brenda D. Colella

Brenda D. Colella

Partner

p: 315.425.2722

f: 315.703.7301

icon_email bcolella@barclaydamon.com
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Syracuse Office

Barclay Damon Tower
125 East Jefferson Street
Syracuse, New York 13202

Washington Office

1325 G Street NW
Suite 500
Washington, D.C. 20005


p: 202-582-0601
f: 202-582-0602

Brenda Colella serves as a Regulatory Practice Area co-chair, Renewable Energy co-team leader, and partner in our Energy, Regulatory, and Project Development Practice Areas. She concentrates her practice on representing a wide array of clients, including renewable energy developers and investors, electric generators, transmission line and interstate and intrastate pipeline owners, regulated utilities with respect to energy and infrastructure projects, and related energy transactions.

Brenda has represented developers of transmission and generation projects in major siting and regulatory proceedings, including those involving the approval of transfer of assets or ownership interests before public utility commissions and other administrative agencies, including the New York State Public Service Commission, FERC, DOE, and municipalities. She also represents energy-related clients in various other regulatory issues, including retail and wholesale market issues and compliance with safety laws and regulations.

Brenda counsels energy clients in the preparation and negotiation of various transactional documents, including, among others, interconnection, power purchase, energy management, fuel supply, and transportation agreements. She also represents both large and small clients in all aspects of project development, including site acquisition, right-to-build and environmental issues, preparing and negotiating EPC and construction contract documents, and securing financing and funding for a project, including tax mitigation and development incentives. Brenda has a significant background handling business litigation, environmental review and permitting, zoning, land use, and municipal law matters. She is able to counsel businesses on their needs with respect to regulatory compliance, including audits and certification processes, such as those related to women-owned, minority-owned, tribal-owned, and other disadvantaged business enterprises, helping clients identify the issues that can lead to disputes and lawsuits.

Representative Experience

  • Represented an energy services company in a joint venture with a solar facility constructor in the ownership and development of multiple 2 MW community solar energy facilities and the sale of a community solar energy facility to a solar development company.
  • Represented an owner of utility scale solar generating facilities in connection with issues related to Article 10 of the New York Public Service Law, including potential aggregation issues.
  • Represented a solar-generating facility owner in the preparation and negotiation of financing documents, EPC contract, and O&M agreement and assisted with real property tax and interconnection issues in connection with 2 MW solar facility.
  • Represented a regional planning authority on the cooperative procurement process in connection with procuring agreement with solar developers for solar facilities on municipal land, including review and negotiation of a power purchase agreement.
  • Represented a regional solar developer in preparing an application for, and negotiating agreements with, industrial development authorties with respect to tax incentives and real property tax mitigation for multiple 2 MW solar-generating facilities.
  • Represented a solar energy company in the preparation and negotiation of an interconnection agreement and power purchase agreement with a major utility in Nevada.
  • Represented a solar energy company in the closing of a transaction involving renewable energy tax credits.
  • Represented a generation asset owner in the development, permitting, construction, and operation of a natural gas pipeline and plant upgrades in connection with the conversion of a coal-fueled electric generation facility to a natural gas-fueled facility.
  • Represented a transmission line owner in the preparation of an Article VII application for New York State Public Service Commission approval of the replacement and upgrade of existing transmission lines
  • Represented a transmission developer in Article VII proceeding and alternating current transmission upgrade comparative proceeding before the New York State Public Service Commission with respect to the approval of alternating current transmission line project.
  • Represented a developer with respect to a petroleum pipeline project involving environmental review, various federal and state permits, and the review of local laws for consistency.
  • Represented a transmission developer with respect to the preparation of an application for an Article VII certificate before the New York State Public Service Commission for a proposed buried HVDC transmission line.
  • Represented a power generation owner in a proceeding before the New York State Public Service Commission with respect to the approval of an increase in the power rating for a generating facility in New York State.
  • Represented a transmission developer in a generation retirement contingency plan proceeding before the New York State Public Service Commission with respect to a major, buried HVDC transmission line.
  • Represented a natural gas energy company in obtaining approvals needed from the New York State Public Service Commission for the transfer of a natural gas pipeline to new entity; lightened regulation and the transfer of, and amendment to, an Article VII certificate for the natural gas pipeline.
  • Represented a coalition of towns and municipalities in New York in all aspects of Article VII proceeding before the New York State Public Service Commission with respect to a major HVDC transmission line.
  • Represented a New York agency in the generic and specific environmental impact review and permitting under NYS SEQRA of numerous public emergency radio cellular sites across New York State.

Practice Areas

Education

  • University of Dayton School of Law, J.D., cum laude, 1999
  • Berry College, B.A., magna cum laude

Admitted To Practice

  • New York, 2006
  • District of Columbia, 2004
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. Court of Appeals, 4th Circuit
  • U.S. Court of Federal Claims

Memberships & Affiliations

  • Energy Bar Association
  • ACENY
  • New York State Bar Association, Environmental and Energy Law Section and Public Utility Law Section
  • Onondaga County Bar Association
  • National Association of Women Lawyers
  • Central New York Women's Bar Association

Civic Activities

  • CenterState CEO
  • Women TIES
  • WISE, Women's Business Center
  • Greater Strathmore Neighborhood Association

Speaking & Publications

  • "Barclay Damon Sees Future in Renewable Energy," Buffalo Law Journal, November 2017
  • Contributor, Barclay Damon Energy Blog
  • “Renewable Energy – Wind, Solar, and Offshore Wind,” NYSBA Environmental and Energy Law Section Panel, October 20-22, 2017
  • "Important Legal Issues for Commercial Leases," CNY Building Owners & Managers Association (BOMA) Meeting, May 2013
  • "The Workers' Compensation Group Self Insurance Trusts Crisis," United New York Ambulance Network (UNYAN) Educational Conference, June 2012
  • "Why Development Projects Are Utilizing Sustainable Building Practices," New York Real Estate Journal, May 22, 2007
  • "Role of Property Rights in Preventing Coastal Erosion," University of Maryland School of Law's Ward, Kershaw, and Minton Environmental Symposium - Rising Tides, Eroding Shores: The Legal and Policy Implications of Sea Level Rise and Coastal Erosion, April 2001

Prior Experience

  • Hiscock & Barclay, LLP, Partner
  • Gilberti Stinziano Heintz & Smith, PC
  • Marzulla Law