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 is a Partner in our Energy, Regulatory and Project Development Practice Areas and serves as Co-Chair of the Regulatory Practice Area, as well as Co-Team Leader of the firm’s Renewable Energy Team. 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 and 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 with respect to 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 but not limited to, interconnection, power purchase, energy management and fuel supply and transportation agreements. She also represents clients, both large and small, in all aspects of project development, including site acquisition, right-to-build and environmental issues, preparing and negotiating EPC and construction contract documents, and in 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, and helping clients identify the issues that can lead to disputes and lawsuits.

Representative Experience

  • Represented energy services company in joint venture with solar facility constructor in ownership and development of multiple 2 MW community solar energy facilities, and sale of certain community solar energy facility to solar development company.
  • Represented 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 solar generating facility owner in 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 regional planning authority on cooperative procurement process in connection with procuring agreement with solar developers for solar facilities on municipal land, including review and negotiation of power purchase agreement.
  • Represented regional solar developer in preparing 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 solar energy company in preparation and negotiation of interconnection agreement and power purchase agreement with major utility in Nevada.
  • Represented solar energy company in closing of transaction involving renewable energy tax credits.
  • Represented generation asset owner in development, permitting, construction and operation of natural gas pipeline and plant upgrades in connection with conversion of coal-fueled electric generation facility to natural gas-fueled facility.
  • Represented transmission line owner in preparation of Article VII application for New York State Public Service Commission approval of replacement and upgrade of existing transmission lines
  • Represented transmission developer in Article VII proceeding and alternating current transmission upgrade comparative proceeding before the New York State Public Service Commission with respect to approval of alternating current transmission line project.
  • Represented developer with respect to petroleum pipeline project involving environmental review, various federal and state permits and review of local laws for consistency.
  • Represented transmission developer with respect to preparation of application for Article VII certificate before New York State Public Service Commission for proposed buried HVDC transmission line.
  • Represented power generation owner in proceeding before the New York State Public Service Commission with respect to approval of an increase in the power rating for a generating facility in New York State.
  • Represented transmission developer in generation retirement contingency plan proceeding before the New York State Public Service Commission with respect to major, buried HVDC transmission line.
  • Represented natural gas energy company in obtaining approvals needed from New York State Public Service Commission for 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 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 major HVDC transmission line.
  • Represented New York agency in the generic and specific environmental impact review and permitting under NYS SEQRA of numerous public emergency radio cellular sites across the State of New York.

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
  • Author, Energy Blog
  • “Renewable Energy – Wind, Solar and Offshore Wind,” Panel Presentation, NYSBA Environmental and Energy Law Section, Fall Meeting Oct. 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
  • Panelist, Role of Property Rights in Preventing Coastal Erosion, University of Maryland School of Law's 2001 Ward, Kershaw and Minton Environmental Symposium on 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