Moss & Barnett provides regulatory advocacy and transactional services to investor-owned and cooperative electric and other utility clients across the country.

Regulatory Advocacy

We regularly advise and represent investor-owned and cooperative utility service providers in regulatory proceedings before local, state, and federal regulatory bodies, including contested case matters, written presentations, and in-person advocacy. Moss & Barnett assists its utility and cooperative clients with rate cases, other rate proceedings (such as riders), service disputes, PURPA cases, transaction approvals, facilities cases, and resource planning. We work with senior management as well as internal and outside experts to achieve strategic objectives.

Transactional Services

We regularly provide transactional services, representing buyers, sellers, borrowers, and lenders in transactions involving regulated utility services. Our representation extends to commercial contracting, project financing and mergers, acquisitions, sales, and joint ventures.

Experience

Experience

We have successfully represented utility clients in numerous regulatory proceedings before public utilities commissions in Minnesota, North Dakota, South Dakota, Wisconsin, Iowa, Montana, and New Mexico as well as in district court and appellate court proceedings.

  • Rate cases. We have represented utilities in over 30 rate cases, with participation ranging from overall primary responsibility to presentation of selected issues. Our representation typically begins with identification of case strategy and continues through development of positions and supporting testimony, conducting evidentiary hearings, briefing, oral argument before regulators, and – when necessary – judicial appeals. We provide advice and representation on both revenue and non-revenue issues, including rate design and cost allocation. We have extensive experience in the cost of service issues, including rate of return, income taxation, jurisdictional allocation, pension, and compensation issues. 
  • Other rate proceedings. Our team advises electric and other utilities regarding rider and other alternative rate filings, along with written and oral advocacy. We have helped utilities in addressing time-of-day and block rates, three-part rates, and other alternative rate design proposals as well as in implementing revenue decoupling mechanisms.
  • Service disputes. We advise and provide regulatory advocacy to utilities on service area disputes, customer complaints, and service quality issues.
  • PURPA. We advise utilities on PURPA matters, including negotiations and formal regulatory proceedings. We provide advice on case strategy, assist in developing written testimony, conduct evidentiary hearings, write briefs, and present oral arguments.
  • Transaction approvals. We assist utilities in developing strategy and conducting negotiations to position a transaction for a demonstration of public interest and regulatory approval. We also represent buyers and sellers before regulators to secure regulatory approval.
  • Facilities proceedings. We represent project developers before regulatory bodies in certificate of need, advance determination of prudence, and other regulatory approval proceedings, including siting and routing proceedings.
  • Resource planning. We assist utilities in the development and presentation of resource plans, including analysis of regulatory requirements and development of positions to support preferred resource alternatives.
  • Commercial contracts. We regularly draft, review, and negotiate procurement, acquisition, and other contracts for public utilities. Our industry knowledge enables us to develop solutions that meet the unique demands of the public utility industry.
  • Project finance. We represent both borrowers and lenders in the financing of energy and other public utility infrastructure projects.
  • Sales, acquisitions, and joint ventures. We help clients grow or sell their business through acquisitions, mergers, joint ventures, and other commercial transactions. Our lawyers can assist with all phrases of the transaction, from initial structure and negotiation through documentation and implementation.

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