David R. Moeller

David handles complex regulatory and energy development matters before state and federal utility commissions.

David navigates clients through every phase of utility and energy project regulatory processes, including initial regulatory strategy and compliance, stakeholder and agency coordination, integrated filings and responses, public hearings, commission advocacy, settlements, and administrative and judicial appeals. He advises clients on regulatory and commercial matters related to utility economic approvals, energy agreements, project developments and acquisitions, MISO/FERC/PURPA issues, resource RFPs and regulatory compliance.

With almost 20 years of experience as the primary regulatory attorney for an integrated electric utility, David has an extensive understanding of regulators, utilities, customers and stakeholders. He knows what drives utilities and regulators, which combined with a deep knowledge of the dynamic energy industry, guides clients to achieve their regulatory objectives. David is a seasoned advocate before state public utility commissions and Minnesota appellate courts.

David has developed a diversified regulatory practice before the MPUC, the NDPSC, the PSCW, MISO and FERC, which is coupled with significant commercial and business development experience.

• Led the legal and regulatory components of every resource addition that resulted in first Minnesota utility to achieve 50% renewable energy in 2020.
• Internal regulatory counsel on general rate cases, integrated resource plans, cost recovery riders, financial approvals, large customer electric service agreements and customer service territory disputes.
• Facilitated the development and permitting of over 625 megawatts of wind energy including the largest wind farm in North Dakota.
• Led permitting of over 400 miles of new transmission lines in Minnesota and North Dakota.
• Lead regulatory counsel on the acquisition and transfer of route permits for HVDC transmission between North Dakota and Minnesota and recent Minnesota certificate of need and route permit approvals to upgrade the terminals.
• Project counsel for the Great Northern Transmission Line (GNTL) with responsibilities for obtaining U.S. Department of Energy Presidential Permit and Section 106 Programmatic Agreement with Red Lake Nation, Minnesota certificate of need and route permit approvals, and project development, transmission, and power purchase contracts. GNTL is a 224 mile, international 500 kV transmission line between Manitoba and Minnesota that was placed in service on June 1, 2020.
• Legal and regulatory representation on resource requests for proposals, power purchase agreements, project development agreements, transmission interconnection agreements and electric service agreements.

State and Federal Utility Practice

• Lead internal counsel on multiple general rate cases in Minnesota and Wisconsin coordinating legal strategy, initial filings and testimony, interim rates, discovery, public hearings, written briefs, settlements, and advocacy before ALJs, commissions and courts.
• Advised clients on FERC/MISO/PURPA matters including QF exemptions, incentive rates, transmission and generator interconnections, Code of Conduct and a full FERC Audit.
• Successfully represented utilities on cost recovery and tariff dockets, integrated resource plans, complex property and financial approvals, resource acquisitions, routing, siting and need approvals for large energy projects, customer programs and ESAs, utility jurisdictional issues, and service territory disputes.
• Directed state and federal regulatory compliance for investor-owned utility.

Appellate Practice

Counsel on numerous amicus curiae briefs in Minnesota and federal courts. Argued and briefed eleven regulatory appellate cases before the Minnesota Supreme Court and Minnesota Court of Appeals:

• In re Excelsior Energy, Inc., 782 N.W.2d 282 (Minn. Ct. App. 2010)
• City of Cohasset v. Minnesota Power, 776 N.W.2d 776 (Minn. Ct. App. 2010)
• City of Cohasset v. Minnesota Power, 798 N.W.2d 50 (Minn. 2011)
• In re Minnesota Power for Approval of a Rider for Facilities Franchise Fee, No. A12-0560, 2012 WL 5381895 (Minn. Ct. App. Nov. 5, 2012)
• In re Minnesota Power's Petitions for Approval of its Boswell Energy Ctr. Unit 4 Env't Retrofit Project, Boswell 4 Env't Improvement Rider, No. A14-0253, 2014 WL 5507039 (Minn. Ct. App. Nov. 3, 2014)
• Matter of Minnesota Power for Auth. to Increase Rates for Elec. Serv. in State, 929 N.W.2d 1 (Minn. Ct. App. 2019). Represented utility in appeal supporting the MPUC on issue of first impression where customers sought to reverse MPUC rate decision for a large energy rate rider. MPUC decision affirmed in all respects.
• Matter of Minnesota Power for Auth. to Increase Rates for Elec. Serv. in State, No. A19-0348, 2019 WL 5885069 (Minn. Ct. App. Nov. 12, 2019)
• Matter of Minnesota Power's Petition for Approval of EnergyForward Res. Package, 938 N.W.2d 843 (Minn. Ct. App. 2019)
• Matter of Minnesota Power's Petition for Approval of EnergyForward Res. Package, 958 N.W.2d 339 (Minn. 2021). Represented utility in appeal seeking to require Minnesota Environmental Policy Act (MEPA) review before the MPUC could approve affiliated-interest agreements that will govern the construction and operation of a power plant in a neighboring state. The Minnesota Supreme Court reversed the lower court and determined that because the MPUC did not have authority to permit the project the project, MEPA review is not applicable.
• Matter of Minnesota Power's Petition for Approval of EnergyForward Res. Package, No. A19-0688, 2021 WL 3716404 (Minn. Ct. App. Aug. 23, 2021)
• Matter of the Application by Minnesota Power for Authority to Increase Rates for Electric Service in Minnesota, 12 N.W.3d 471 (Minn. Ct. App. Sept. 9, 2024). Represented utility in appeal reversing a MPUC rate case order excluding from the utility’s rate base a prepaid pension asset since the MPUC’s decision was unsupported by substantial evidence and arbitrary and capricious.

Education

• University of Minnesota Law School, J.D., 1998
• Macalester College, B.A., 1995

Admissions

• Wisconsin, 2022
• North Dakota, 2010
• Minnesota, 1998
• U.S. Supreme Court, 2003
• U.S. Court of Appeals for the Eleventh Circuit, 2004
• U.S. Court of Appeals for the Eighth Circuit, 2001
• U.S. Court of Appeals for the Sixth Circuit, 2001
• U.S. District Court for the District of North Dakota, 2022
• U.S. District Court for the District of Minnesota, 2001
• U.S. District Court for the Western District of Michigan, 2001

Professional Activities

• Duluth Library Foundation, Past President, 2022-2024
• Rajala Woods Foundation, Past Board Secretary
• Minnesota State Bar Association, Public Utilities Section Council
• St. Louis River Quest Board of Directors
• Minnesota Supreme Court’s Legal Services Advisory Committee
• American Agricultural Law Association Board of Directors