Brenda Colella

Practice Areas

• Regulatory

• Project Development

• Energy

• Renewable Energy

• Oil & Gas

• Energy Markets

Career

Brenda began practicing law in a private law firm in Washington DC and has been practicing for 24 years. She currently serves as practice group leader for the firm’s Regulatory Practice Group (encompassing eight practice areas) and serves as co-chair of the firm’s Regulatory Practice Area and co-leader of the Renewable Energy and Energy Markets Teams.

She concentrates her practice on regulatory matters and the development of energy and infrastructure projects, including transmission line, pipeline, and traditional and renewable electric generation projects.

Brenda has recently been serving as a lead attorney in many major and high-profile linear infrastructure and generation state siting proceedings, including for NYPA’s Smart Path transmission line project for NYPA, NYPA’s Smart Path Connect transmission line project, LS Power and NYPA’s Central East Energy Connector transmission line project, Rise Light & Power’s Queensboro Renewable Express project, and Invenergy’s Clean Path NY transmission line project, all before the NYS Public Service Commission, as well as the Danskammer repowering project, before the NYS Board on Electric Generation Siting and the Environment and the NYS Department of Environmental Conservation. She also serves as lead outside counsel for Invenergy and other renewable energy developers on their portfolio of renewable energy generation facilities that are in pre-application phase before the NYS Office of Renewable Energy Siting.

Brenda generally represents developers, utilities, and energy companies before New York State and federal governmental agencies and in the governance process of the NY Independent System Operator. She also advises energy clients in various transactions, including M&As, power purchase agreements, and EPC contracts and in compliance matters, including retail market issues.

Professional Memberships

• Central New York Women's Bar Association, Member

• Energy Bar Association, Member

• New York State Bar Association, Environmental and Energy Law Section and Public Utility Law Section, Member

• Onondaga County Bar Association, Member

• Alliance for Clean Energy New York, Member

• American Wind Energy Association, Member

• Solar Energy Industries Association, Member

• Women in Communications and Energy NY, Member

• Barclay Damon’s Women Forum, Member

Publications

• Barclay Damon LLP, “End of An Era: SCOTUS Overturns Chevron After 40 Years of Deference to Administrative Agencies”

• Barclay Damon LLP, “PSC Updates Its Energy Storage Goals, Establishes Roadmap to Deploy 6 GW of Storage Capacity by 2030”

• Barclay Damon LLP, “NYS PSC Launches ‘Grid of the Future’ Proceeding”

• Barclay Damon LLP, “ORES Executive Director Issues First Denial of Section 94-C Permit Application Following Applicant's Partial Loss of Site Control”

• Barclay Damon LLP, “Proposed NYS Budget Includes Major Changes to ORES and Transmission Siting”

Personal

• Greater Strathmore Neighborhood Association, Member

• Strathmore Huntley Group, Member and Historic Building Investor

Expert in these Jurisdictions

• New York

• District of Columbia

• US Court of Appeals for the Fourth Circuit

• US Court of Federal Claims

• US District Court for the Eastern District of New York

• US District Court for the Northern District of New York

Languages Spoken

English

Experience

• Represents a transmission owner and developer in obtaining siting approval under Public Service Law Article VII for the rebuild of transmission lines in existing right-of-way.

• Represents an energy company in obtaining siting approval under Public Service Law Article 10 for the repowering of an existing major electric-generating facility.

• Represented an energy-services company in a joint venture with a solar-facility constructor in the ownership and development of multiple community solar-energy facilities and the sale of community solar-energy facilities to solar-development companies.

• Represented various owners and developers of distributed-generation solar facilities in the preparation and negotiation of financing documents, EPC contracts, O&M agreements, interconnection agreements, and in applying to and negotiating with local industrial development agencies for real-property-tax mitigation and other incentives.

• Represented energy clients in the due diligence for and acquisition or sale of various energy projects, including solar, wind, non-renewable power facilities, transmission lines, and energy-efficiency businesses.

• Represented a regional planning authority on the cooperative procurement process in connection with the procurement of a solar developer to install, operate, and maintain multiple solar facilities on municipal land, including the review and negotiation of a template power-purchase agreement and lease.

• 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 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 NYS PSC for a proposed buried HVDC transmission line.

• Represented a power-generation owner in a proceeding before the NYS PSC 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 NYS PSC with respect to a major, buried HVDC transmission line.

• Represented a natural-gas energy company in obtaining necessary approvals from the NYS PSC for the transfer of a natural-gas pipeline to new entity, lightened regulation and the transfer of an amendment to an Article VII certificate for the natural-gas pipeline.

• Represents a power generation company as its NYS Public Service Commission counsel with respect to the interconnecting transmission lines and regulatory siting approvals needed for an offshore wind project, which was awarded a contract for offshore wind renewable energy credits (ORECs) by NYSERDA. Along with our co-counsel, Barclay Damon has prepared and filed an Article VII application for a part of the offshore wind project, is responding to a deficiency letter from DPS staff, and is answering questions from DPS staff to ensure the completion of the application. We have also assisted the client with the posting of security in the NYISO Class Year Facilities Study for the offshore wind project as well as the negotiation of support services agreements with another energy company and the negotiation of the interconnection agreement for that facility. Barclay Damon also filed a petition with FERC seeking an extension in the period for achieving commercial operation to be stated in that interconnection agreement.

• Represents a power generation company as its NYS Public Service Commission counsel with respect to the interconnecting transmission lines and regulatory siting approvals needed for an offshore wind project, which was awarded a contract for offshore wind renewable energy credits (ORECs) by NYSERDA. Along with our co-counsel on environmental issues, Barclay Damon is developing the Article VII application materials for the offshore wind project. We are also assisting in its participation in the NYISO Class Year facilities study process.

• Represents a power generation company as its NYS Public Service Commission counsel with respect to the interconnecting transmission lines and regulatory siting approvals needed for an offshore wind project, which was awarded a contract for offshore wind renewable energy credits (ORECs) by NYSERDA. Along with our co-counsel on environmental issues, Barclay Damon is working with the client to develop Article VII application materials for its offshore wind project.

• Representing the New York Power Authority with respect to the siting and construction of a rebuild of an 86-mile-long transmission line that traverses 15 municipalities. Barclay Damon attorneys prepared and finalized the Article VII Application, assisted the NYPA with supplementing filings to achieve a “complete” application, handled the discovery phase, and led months of settlement conferences. The settlement negotiations culminated in a joint proposal for settlement support by all of the active parties and state agencies. A CECPN was issued by the PSC without the need for an evidentiary hearing. We then assisted the NYPA in the preparation of the Environmental Management and Construction Plans (EM&CP) for the project, which were also approved by the PSC. Construction is currently ongoing for this project. We continue to support the NYPA with compliance issues during construction.

• Successfully assisted with defending an appeal of the siting board's approval for a 340-megawatt, 83-turbine wind farm project.

Education

Awards