Andrew P. Moratzka

Andrew P. Moratzka
Partner
Minneapolis, MN
Overview

About Drew

Andrew P. Moratzka is the chair of the firm’s Energy Development practice group and focuses on litigation of various utility- and energy-related issues. Drew represents iron mines, paper companies, refineries, steel manufacturers and other large industrial customers in electric and gas rate cases and various regulatory matters at the state and federal level. He also represents independent power producers. In these roles, Drew regularly appears before state public utilities commissions and administrative law judges. Drew also has experience arguing energy-related and bankruptcy-related issues at the appellate level. Given his background, clients also retain Drew for utility contract negotiations and to consult on various legislative matters.

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Experience

Experience

Energy, Mining and Regulated Industries

  • Extensive involvement in major gas and electric utility rate case proceedings on behalf of large industrial consumers, most recently the following:
    • In the Matter of the Application of Northern States Power Company For Authority to Increase Rates for Electric Services in the State of Minnesota (2015).
    • In the Matter of a Petition by Minnesota Energy Resources Corporation for Evaluation and Approval of Rider Recovery for its Rochester Natural Gas Extension Project (2015).
    • In the Matter of the Application of Minnesota Energy Resources Corporation for Authority to Increase Rates for Natural Gas Service in Minnesota (2014).
    • In the Matter of the Application of Black Hills Power, Inc. for Authority to Increase Electric Rates (2014).
    • In the Matter of the Application of Northern States Power Company, a Minnesota Corporation, for Authority to Increase Rates for Electric Service in Minnesota (2013). (The first multiyear rate plan filed under Minn. Stat. § 216B.16 subd. 19).
    • In the Matter of a Petition by Minnesota Energy Resources Corporation for Authority to Increase Natural Gas Rates in Minnesota (2013).
    • In the Matter of the Application of Northern States Power Company, a Minnesota Corporation, for Authority to Increase Rates for Electric Service in Minnesota (2012).
    • In the Matter of the Application of Black Hills Power, Inc., for Authority to Increase Its Electric Rates (2012).
    • In the Matter of the Application of Northern States Power Company, d/b/a Xcel Energy, Minnesota Corporation, for Authority to Increase Rates for Electric Service in Minnesota (2010).
    • In the Matter of the Application of Minnesota Energy Resources Corporation for Authority to Increase Rates for Natural Gas Service in Minnesota (2010).
    • In the Matter of the Application by Minnesota Power for Authority to Increase Rates for Electric Service in Minnesota (2009).
  • Represented SoCore Energy in gaining approval for its potential acquisition of equity interests in 22 community solar garden development projects in Minnesota, subject to certain conditions, which upon completion will produce up to 140 megawatts of renewable energy. The projects are being acquired as part of bankruptcy proceedings for renewable energy company SunEdison.
  • Numerous appearances before the Minnesota Public Utilities Commission on such matters as utility resource planning, community solar gardens, certificate of need proceedings, the Minnesota solar energy standard, rate design, and renewable energy credits, including the following recent dockets:
    • In the Matter of Minnesota Power’s Petition to Ensure Competitive Electric Rates for Energy-Intensive Trade-Exposed Customers.
    • In the Matter of Minnesota Power’s Application for Approval of its 2015-2029 Resource Plan.
    • In the Matter of Northern States Power Company - Minnesota’s Application for Approval of its 2016‑2030 Resource Plan.
    • In the Matter of the Petition of Northern States Power Company d/b/a/ Xcel Energy for Approval of Its Proposed Community Solar Garden Program.
    • In the Matter of a Commission Inquiry into Privacy Policies of Rate Regulated Energy Utilities.
    • In the Matter of the Implementation of Solar Energy Standards Pursuant to 2013 Amendments to Minnesota Statutes, Section 216B.1619.
    • In the Matter of the Request of Minnesota Power for a Certificate of Need for the Great Northern Transmission Line Project.
    • In the Matter of the Investigation into Environmental and Socioeconomic Costs Under Minn. Stat. 216B.2422, subd.3.
    • In the Matter of Minnesota Power’s Application for Approval of its 2013‑2027 Resource Plan.
    • In the Matter of Minnesota Power’s Petition for Approval of Deferred Accounting Related to Pension Plan Contributions and Expense.
    • In the Matter of an Investigation of Whether the Commission Should Take Action on Demand Response Bid Directly into the MISO Markets by Aggregators of Retail Customers (ARCs) under FERC Orders 719 and 719-A.
    • In the Matter of Minnesota Power’s Petition to Purchase Square Butte Cooperative’s Transmission Assets and for Restructuring Power Purchase Agreements from Milton R. Young Unit 2 Generating Station.
    • In the Matter of Utility Renewable Energy Cost Impact Reports Required by Minnesota Statutes Section 216B.1691, Subd. 2e.
  • On behalf of a group of large industrial consumers, participate in energy regulatory reform in the Minnesota e21 Initiative.
  • Numerous applications for exemption from the Minnesota Conservation Improvement Program.
  • Litigated and negotiated dispute before the Minnesota Public Utilities Commission regarding application of the Minnesota Government Data Practices Act.
  • Power contract negotiations, including development of the 2015 Minnesota energy-intensive trade-exposed rate legislation, associated tariffs and underlying electric service agreements.

Appellate Law

  • Argument before the Minnesota Supreme Court regarding the Minnesota Public Utilities Commission’s application of Minn. Stat. § 216B.16 subd. 3 (the Interim Rate statute); In re Minnesota Power, 838 N.W.2d 747 (Minn. 2013).
  • Argument before the U.S. Court of Appeals for the Eighth Circuit regarding constitutional standing and the in pari delicto doctrine; In re Senior Cottages of America, LLC, 482 F.3d 997 (8th Cir. 2007).
  • Argument before the Bankruptcy Appellate Panel of the Eighth Circuit regarding dischargeability of debt for willful and malicious injury.
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Honors

Honors & Activities

  • JD Supra Readers’ Choice Award, Top Author - Utilities Sector, 2016
  • Top 50 Energy & Environmental Trailblazer, National Law Journal, 2015
  • Listed among Rising Stars (Energy & Natural Resources), Minnesota Super Lawyers®, 2007‑2011, 2013, 2016
  • Up and Coming Attorney, Minnesota Lawyer, 2008
  • Member, Public Utilities Law Section, Minnesota State Bar Association
  • Secretary-Treasurer, Public Utilities Law Section, Minnesota State Bar Association, 2015‑2016
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Insights & Presentations

Insights & Presentations

  • "Purchasing Power" (coauthor), pv magazine, Jan. 2017 
  • What’s Ahead For Community Solar In 2017?” (coauthor), Solar Industry Magazine, Dec. 2016 
  • Care in the Community“ (coauthor), pv magazine, Sept. 2015
  • Drew is a regular contributor to Stoel Rives’ Renewable + Law: The Climate Policy, Renewable Energy & Sustainability Blog
  • Speaker, “Midwest Markets: Market Outlook and Analysis,” 2015 Solar Power Finance & Investment, San Diego, California
  • Speaker, “Solar Energy in Minnesota - Community Solar Gardens,” Stoel Rives LLP Masters Seminar, Minneapolis, Minnesota, 2014
  • Moderator, “State Energy & Economic Policy Impacts on Industry Transformation,” 2014 Power Industry Summit, San Francisco, California 
  • Moderator, “Cybersecurity and Data Privacy in Energy Law,” Minnesota State Bar Association CLE, St. Paul, Minnesota, 2014
  • “Trustee’s Avoidance Rights on Forfeiture Liens,” American Bankruptcy Institute Journal, Oct. 2012
  • “Security Interests vs. Federal Tax Liens and After-Acquired Property vs. Proceeds,” American Bankruptcy Institute Journal, Nov. 2011
  • “The Continually Narrowing View of Name Sufficiency under §9‑503 of the UCC,” American Bankruptcy Institute Journal, Nov. 2009



Related News & Publications


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