ENERGY REGULATION

Moss & Barnett’s Energy Regulation group consists of four attorneys and one paralegal. Members of Moss & Barnett’s Energy Regulation Group have the following relevant experience:

Mike Bradley – selected by Best Lawyers as one of the top lawyers in Energy/Public Utility Law, has worked full-time in utility and telephone regulation since 1983. Mike was the Manager of the Minnesota Office of Attorney General – Residential Utilities Division ("OAG") for nearly six years. During that period, he individually or jointly represented the OAG in a wide variety of matters, including fourteen rate cases (four electric, five natural gas and five telephone). Subsequent to joining Moss & Barnett, Mike has participated in a number of major regulatory proceedings, including:

• Eleven rate cases (seven natural gas, three electric and one telephone)
• Representation of the natural gas industry in a Minnesota right-of-way rulemaking
• A proceeding to monetize externalities
• A Kansas ad valorem tax refund proceeding
• The proceeding that developed the Minnesota conservation improvement plan financial incentives

Other major regulatory proceedings have included:

• Northern States Power’s successful request for a Certificate of Need for Prairie Island dry cask storage (which involved approximately five weeks of hearings)
• Certificate of Need proceedings for three peaking plants and several transmission route permit proceedings
• Several major telecommunications proceedings related to access charges

Mike has also successfully represented utility clients in at least nine appellate court proceedings (e.g., Minnegasco and Interstate Power and Light ) deciding, respectively, that goodwill belongs to the shareholders, and that manufactured gas plant remediation costs are recoverable utility expenses.

Rick Johnson – selected by Best Lawyers as one of the top lawyers in Energy/Public Utility Law, has concentrated on representing regulated entities regulation since 1976. Rick has individually or jointly represented private utility and telephone companies in seventeen rate cases (two electric, five gas and ten telephone). Rick has also been involved in a number of complex telephone hearings involving rate and cost determinations, each lasting from four to six weeks, as well as numerous transactions, including mergers, sales, acquisitions and joint ventures.

Dan Lipschultz – one of only two Minnesota regulatory attorneys listed in Who’s Who Legal: The International Who’s Who of Business Lawyers, has worked full-time in utility and telecommunications regulation since 1990. Dan spent six years as an attorney for the Minnesota Public Utilities Commission and four years as an Assistant Attorney General with the Minnesota Attorney General’s Office. Dan subsequently served as Associate General Counsel with McLeodUSA for two years before joining Moss & Barnett in September 2002.

Some of the major energy matters Dan has worked on include:

• Xcel Energy’s most recent electric rate case
• The Xcel Energy merger proceeding
• A recent appeal challenging an energy company’s permit from the Environmental Quality Board to construct a high voltage transmission line
• A transmission line routing proceeding
• Various other proceedings involving the monetization of environmental externalities
• Resource planning, stray voltage and other matters

Cecilia Ray – has worked full-time on regulatory and business issues for Moss & Barnett’s regulatory clients since 1991. Cecilia has participated in several regulatory proceedings before the Minnesota Commission and provides additional capacity, should it be needed.

Attorneys in this Area

Michael J. Bradley (Chair)

Richard J. Johnson

Jeff Y. Lin

Dan Lipschultz

Valerie Means

M. Cecilia Ray