Donna L. Barnett
- Bellevue
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Donna is a trusted advocate, guided by a deep understanding of the rules and statutes affecting her energy, utility, and transportation clients' highly regulated businesses.
Donna Barnett appears regularly before the Washington Utilities and Transportation Commission to secure approvals for her clients' regulated activities and to defend them in investigations and enforcement actions. She concentrates on helping energy and utility clients obtain approvals in cost proceedings, property transactions, and mergers. She also counsels companies in other industries such as transportation, telecommunications, and solid waste. Donna is a strong litigator and frequently appears in state court to address allegations related to breaches of contract, lease disputes, the Washington Public Records Act, and administrative appeals.
With more than 30 years of experience in regulated industries, Donna has developed strong relationships with regulators, opposing counsel, and industry leaders. These relationships are helpful as Donna seeks to secure regulatory approvals and demonstrate compliance with complex regulatory obligations.
In addition to achieving litigation successes for her energy, telecom, and transportation customers, Donna assists clients in building innovative systems under new legislative frameworks such as for autonomous vehicles.
Donna also drafts legislation and participates in rulemakings, enabling her clients to shape their industries. For example, she has helped industry leaders amend outdated Washington State regulations to allow for emerging, technology-based markets and comply with new clean energy and decarbonization demands.
Areas of focus
Education & Credentials
Education
- University of California, Davis, B.S., Resource Sciences, 1993
- Willamette University College of Law, J.D., 2005
Bar and Court Admissions
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Washington
- U.S. District Court for the Eastern District of Washington
- U.S. District Court for the Western District of Washington
Related Employment
- Washington State Attorney General’s Office, Public Counsel Section, Seattle, WA, Law Clerk, 2004
- Public Utility Commission of Oregon, Administrative Hearings Division, Salem, OR, Law Clerk, 2003-2005
- Chelan County Public Utility District No. 1, Wenatchee, WA, Environmental Coordinator, 1997-2002
- Environmental Consultants Inc. (consultant to Pacific Gas & Electric Company) Davis, CA, Senior Consulting Utility Arborist, 1994-1997
Professional Recognition
Listed in Chambers USA “America’s Leading Lawyers” for Energy & Natural Resources, 2023-2024
Listed in Washington Law & Politics, "Washington Rising Star," 2013-2015
Impact
Professional Leadership
- King County Bar Association Judicial Candidate Evaluation Committee, Member, 2018-present
- Energy Bar Association, 2010-present
- American Bar Association, 2005-present
- Washington State Bar Association, Litigation Section, 2005-present
- King County Bar Association, 2005-present
- East King County Bar Association, 2005-present
Community Involvement
- Pacific Northwest Ballet, Board of Governors, 2016-present
- Bellevue Arts Museum, Board of Trustees, Board Operations Committee Chair, 2009-2016
- ArtsFund, Associate, 2008-2010
Professional Experience
Regulatory Litigation
Washington Utilities and Transportation Commission v. Puget Sound Energy
Represented Puget Sound Energy (PSE) in litigation before the Washington Utilities and Transportation Commission, in which PSE opposed implementing a risk-sharing mechanism as part of the company’s Climate Commitment Act cost-recovery tariff. The adjudication involved a full hearing on the merits and resulted in a favorable outcome for PSE, in which the Commission rejected implementing a risk-sharing mechanism. (Docket UG-230968).
Washington Utilities and Transportation Commission v. CenturyLink Communications, LLC
Represented CenturyLink Communications in an enforcement action related to an involuntary discontinuance of telecommunications service during the COVID-19 pandemic. Obtained a reduction in penalties for the company. (Docket UT-210902)
In the Matter of Puget Sound Energy Clean Energy Implementation Plan Pursuant to WAC 480-100-640
Represented Puget Sound Energy in obtaining approval of the company’s first Clean Energy Implementation plan under the Clean Energy Transformation Act. (Docket UE-210795)
In the Matter of the Application of Jammie’s Environmental, Inc. For Authority To Operate as a Solid Waste Collection Company in Washington and Basin Disposal, Inc. v. Jammie’s Environmental, Inc. (consolidated)
Represented Jammie’s Environmental, Inc. in consolidated cases related to the transportation of solid waste in Washington state. (Docket TG-220243/TG-220215).
CenturyLink Communications, LLC and West Safety Services, Inc. v. The State of Washington
Represented CenturyLink Communications and West Safety Services in a Thurston County Superior Court proceeding to protect exempt information from being produced pursuant to the Washington State Public Records Act. (Case No. 16-2-03606-34).
King County v. Puget Sound Energy, Inc.
Represented Puget Sound Energy in King County Superior Court action regarding carbon emissions credits associated with King County’s Cedar Hills Regional Landfill (Case No. 20-2-09907-4 SEA).
USDOT, Federal Motor Carrier Safety Administration
Represented AI software client in its successful application for an exemption from federal motor carrier regulations to allow a multi-sensor device on its commercial fleets for the prevention of high-risk events in the mobility ecosystem (Docket No. FMCSA – 2020-0106).
In the Matter of the Investigation of Avista Corp. d/b/a Avista Utilities, Puget Sound Energy, and Pacific Power & Light Company Regarding Prudency of Outage and Replacement Power Costs
Represented PSE in a cost recovery proceeding related to an extended outage of its Colstrip power plant (Docket UE-190882).
Washington Utilities and Transportation Commission v. Puget Sound Energy
Represented Puget Sound Energy in enforcement action following natural gas explosion in the Greenwood neighborhood of Seattle.
Washington Utilities And Transportation Commission Classification Proceedings
Represented multiple app-based startup companies in household goods classification proceedings.
In the Matter of Homer Electric Association, Inc.’s Request for Interim and Permanent Rate Increases (U-15-141)
Represented Homer Electric Association, Inc. in its rate case before the Regulatory Commission of Alaska, which resulted in an average increase in permanent base rates of 4.8%.
In the Matter of King County, BNSF Railway, Frontier Communications, Verizon Wireless and New Cingular Wireless PCS for an Order Requiring Puget Sound Energy to Fund Replacement of Electric Facilities
Represented Puget Sound Energy in dispute regarding obligations to pay costs for replacement of electric facilities. Ruling in favor of Puget Sound Energy. Ruling affirmed on appeal.
In the Matter of Tariff Revisions of Homer Electric Association, Inc. (U-13-203/U-13-204)
Represented Homer Electric Association, Inc. in support of its transmission tariff filings before the Regulatory Commission of Alaska.
Washington Utilities and Transportation Commission v. Puget Sound Energy, Inc.
Represented Puget Sound Energy, Inc. in natural gas pipeline safety enforcement action (PG-111723).
Washington Utilities and Transportation Commission v. Puget Sound Energy, Inc.
Represented Puget Sound Energy, Inc. in enforcement action involving consumer billing rules. (U-111465).
Washington Utilities and Transportation Commission v. Puget Sound Energy, Inc.
Represented Puget Sound Energy, Inc. in enforcement action involving consumer billing rules. (U-110808).
Puget Sound Energy, Inc.’s Application for Electric and Gas Decoupling Mechanisms, 2013
Represented Puget Sound Energy, Inc. in its application before the Washington Utilities and Transportation Commission that resulted in implementation of electric and gas decoupling mechanisms.
Puget Sound Energy, Inc.’s Expedited Rate Filing, 2013
Represented Puget Sound Energy, Inc. in its Expedited Rate Filing before the Washington Utilities and Transportation Commission, in which the Commission approved a 1.6 percent increase in electric rates and a 0.1 percent decrease in natural gas rates.
Puget Sound Energy Inc.’s 2011 General Rate Case
Represented Puget Sound Energy, Inc. in its electric and gas tariff increase proceeding before the Washington Utilities and Transportation Commission that resulted in an increase in electric rates by approximately 3.2 percent ($63 million in revenue) and natural gas rates by approximately 1.3 percent ($ 13 million in revenue).
Puget Sound Energy, Inc.'s 2010 Gas Tariff Increase (Natural Gas Rates)
Represented Puget Sound Energy Inc. in gas tariff increase proceeding before the Washington Utilities and Transportation Commission that resulted in a 1.8% increase in natural gas rates ($19 million in revenue).
Puget Sound Energy, Inc.'s 2009 General Rate Case (Electric and Natural Gas Rates)
Represented Puget Sound Energy Inc. in a general rate case before the Washington Utilities and Transportation Commission that resulted in a 2.8% increase in electric rates ($56 million in added revenue) and a 0.8% increase in natural gas rates (approximately $10 million in additional revenue).
NW Natural's 2008 Washington General Rate Case
Represented NW Natural in a general rate case before the Washington Utilities and Transportation Commission that resulted in 2.98 percent rate increase, a revenue requirement increase of $2.72 million.
Puget Sound Energy, Inc.'s 2007 Power Cost Only Rate Case (Electric Rates)
Represented Puget Sound Energy Inc. in a power cost only rate case before the Washington Utilities and Transportation Commission that resulted in a 3.7% increase in electric rates ($64.7 million in additional revenue).
Puget Sound Energy, Inc.'s 2007 General Rate Case (Electric and Natural Gas Rates)
Represented Puget Sound Energy Inc. in a general rate case before the Washington Utilities and Transportation Commission that resulted in a 7.1% increase in electric rates ($130.2 million in additional revenue) and a 4.6% increase in natural gas rates (approximately an additional $49.2 million in revenue).
Puget Holdings LLC and Puget Sound Energy, Inc.'s 2007 Merger Proceeding (Electric and Natural Gas)
Represented Puget Holdings LLC and Puget Sound Energy, Inc. in obtaining regulatory approval from Washington Utilities and Transportation Commission of a $7.4 billion merger transaction, pursuant to which Puget Holdings LLC, a group of long-term infrastructure investors, acquired all of the issued and outstanding common shares of Puget Energy Inc., and its wholly-owned utility subsidiary, Puget Sound Energy Inc.
Puget Sound Energy, Inc.'s 2006 General Rate Case (Electric and Natural Gas Rates)
Represented Puget Sound Energy, Inc. in a general rate case before the Washington Utilities and Transportation Commission that resulted in a 1.3% decrease in electric rates ($22.8 million in additional revenue) and a 2.8% increase in natural gas rates ($29.5 million in additional revenue).
General Litigation
King County v. Puget Sound Energy, Inc.
Represented PSE in contract dispute related to King County’s Cedar Hills Regional Landfill. Case settled amicably.
Sheldon v. Bryant
Represented client through King County Superior Court jury trial.
Jones and Quesenberry v. The Renton School District
Represented Renton School District in a challenge to the sale of District-owned real property. Trial court ruled in favor of Renton School District. Ruling affirmed on appeal.
City of Shoreline, Washington v. Grease Monkey International, Inc., et al.
Represented Grease Monkey in eminent domain action.
BTNA, LLC v. Formosa Brothers International, et al.
Represented BTNA in commercial unlawful detainer action. Judgment, including attorneys fees, in favor of BTNA.
Acorn Development, LLC v. Cal’s S.L.U., LLC
Represented Amazon.com, Inc. as property owner in a breach of lease and related secured transactions issue.
Centioli Family, LLC v. Technology Access Foundation
Represented plaintiff property owner in a breach of lease matter.
Puget Sound Energy, Inc. v. Walgreen Company, et al., 2013
Represented petitioner Puget Sound Energy, Inc. in eminent domain (condemnation) proceeding, including obtaining decree of public use and necessity.
Washington State Department of Transportation v. Wenatchee Properties, et al. 2010-2012
Represented respondent property owners in eminent domain (condemnation) proceeding.
Gonzales Boring & Tunneling, Inc. v. Plats Plus, Inc.
Represented defendant in breach of contract case. Case settled.
Everett Plaza Shopping Center v. Magnolia Hi Fi Inc.
Represented tenant Magnolia Hi Fi in breach of lease proceeding for client Best Buy Company, case settled.
Blue Dog Properties Trust LLC v. Sound Filtration Technologies Inc.
Represented landlord in breach of lease proceeding; judgment in favor of landlord.
1000-1100 Dexter Avenue, Inc. v. CereScan Corp.
Represented tenant CereScan Corp. in breach of lease proceeding; case settled.
Alderwood Plaza, LLC v. Nermat Holdings Inc.
Represented landlord in breach of lease proceeding; judgment in favor of landlord.
HRP Nom, L.P. v. Emerald City Escrow, LLC and Jacob Korn
Represented landlord in breach of lease proceeding; judgment in favor of landlord.
Blue Dog Properties Trust LLC v. National Lending Corporation
Represented landlord in commercial unlawful detainer (eviction) proceeding; judgment in favor of landlord.
Mukilteo Properties, LLC v. Pockets Sports Bar
Represented landlord in unlawful detainer proceeding; judgment in favor of landlord.
Compliance & Environmental Health & Safety Audits
NERC Compliance audits for:
- Tacoma Public Utilities (2010)
- Puget Sound Energy Inc. (2007, 2010)
