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BenFalber

Partner

"The energy transition is underway. Helping clients achieve sustainable growth during this transition is vital."

Overview

Biography

Ben represents clients in complex energy-sector disputes and regulatory compliance and agency proceedings. He draws upon his previous experience as senior in-house counsel at a major utility and senior in-house counsel and senior project manager at the New York State Energy Research and Development Authority (NYSERDA) to provide his clients with an insider’s perspective on utility and energy policy, enabling him to anticipate and strategically navigate potential obstacles.

While serving as senior in-house counsel at a major public utility serving New York, he regularly appeared before the New York Public Service Commission (PSC) in a variety of proceedings, including long-term resource planning, retail access, pole attachments, community choice aggregation, ratemaking, and numerous other regulatory and energy policy-oriented proceedings, and provided counsel to the utility’s senior leadership. 

Ben’s prior role at NYSERDA further enhances his ability to guide clients through multifaceted legal issues. Having worked on the client side as a senior project manager and then as legal counsel for groundbreaking energy programs, Ben manages risk in large-scale projects and structures contracts to mitigate exposure for clients seeking robust, long-term legal protections in the evolving energy landscape. His work on cutting-edge initiatives in distributed energy storage, clean transportation climate tech R&D, and financing for distributed energy resources informs his approach to helping clients stay compliant while advancing their business objectives in sustainable ways.

Ben has spoken extensively on energy storage, renewable energy, and regulatory compliance. His insights have been published in industry-leading outlets, reflecting his commitment to advancing the legal and policy frameworks supporting reliable, affordable, and clean energy.

Experience

Representative Experience

  • Served as lead counsel on the publication of the long-term gas system plan for a major public utility, including extensive discovery and stakeholder management.
  • Managed the development and implementation of NYSERDA’s Retail Energy Storage Incentive Program.
  • Led the development of NYSERDA’s technical assistance resources on retail storage monetization, including VDER and demand response rules and requirements.
  • Served as lead counsel for a major public utility on the development of a new regulatory regime for distributed pole attachments.
  • Negotiated a multimillion-dollar joint development agreement between a major public utility and a development authority to expand broadband to underserved communities.
  • Served as lead counsel for NYSERDA’s innovation, clean transportation, and Green Jobs Green New York portfolio.
  • Served as lead counsel on a portfolio of matters for a major public utility’s operations, billing, and collections departments.

Prior Experience

  • National Grid, New York Regulatory, Senior Counsel I
  • New York State Energy Research and Development Authority, Senior Counsel
  • New York State Energy Research and Development Authority, Senior Project Manager
  • New York State Energy Research and Development Authority, Project Manager
  • Feller Law Group, PLLC, Associate
  • Bard College, Thesis Advisor
  • Cleantech Law Partners, Of Counsel
Knowledge

Selected Speaking Engagements

  • Capture the Energy Conference, “Storage in Building Applications – Flexibility for Buildings and the Grid,” Moderator
  • IJ North America Conference, “Investment Opportunities in Energy Storage,” Panelist
  • Capture the Energy Conference, “Energy Storage Buildings-to-Grid Applications,” Moderator
  • Capture the Energy Conference, “Developing Successful Projects, Modeling, Data, Financing,” Moderator
  • New York Solar + Storage Summit, “Unlocking the Storage Market,” Panelist

Selected Media

  • IJGlobal, "Barclay Damon Adds Energy Partner to NY Practice"
  • Renewable Energy World, “The Future of Energy Storage and the Rise of Big Batteries”
  • Renewable Energy World, “The Future of Energy Infrastructure”
  • Greentech Media, “The Top 6 Hurdles Facing Microgrids,” Co-Author
  • ABA Renewable, Alternative, and Distributed Energy Resources (RADER) Committee Newsletter, “Transmission Lines: Generating a New Approach for FERC’s Siting Authority”

Selected Alerts & Blog Posts

Featured Media

Alerts

RAPID Action: NYS Office of Energy Renewable Energy Siting and Transmission Announces Draft Regulations for New Transmission Siting Framework

Alerts

NYSDEC Issues Draft Freshwater Wetlands General Permit

Alerts

USPTO Updates Audit Program

Alerts

NYS DOL Publishes Long-Awaited FAQs on Paid Prenatal Leave Law

Alerts

Update on Massachusetts Pay Transparency Law Disclosures and EEO Reporting Requirements in 2025

Alerts

Massachusetts Employers Required to Provide Job Applicants Notice That Use of a Lie Detector Test Is Unlawful

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