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HF 2248

as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2017 11:32am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/08/2017

Current Version - as introduced

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A bill for an act
relating to energy; allowing large electrical customers to purchase electricity from
any supplier; amending Minnesota Statutes 2016, section 216B.40; proposing
coding for new law in Minnesota Statutes, chapter 216B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 216B.40, is amended to read:


216B.40 EXCLUSIVE SERVICE RIGHT; SERVICE EXTENSION.

Except as provided in sections new text begin 216B.401, new text end 216B.42new text begin ,new text end and 216B.421, each electric utility
shall have the exclusive right to provide electric service at retail to each and every present
and future customer in its assigned service area and no electric utility shall render or extend
electric service at retail within the assigned service area of another electric utility unless the
electric utility consents thereto in writing; provided that any electric utility may extend its
facilities through the assigned service area of another electric utility if the extension is
necessary to facilitate the electric utility connecting its facilities or customers within its own
assigned service area.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [216B.401] LARGE CUSTOMER; CHOICE OF SUPPLIER.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Eligible customer" means a retail customer of a public utility offering electric service
that takes service at a voltage equal to or greater than 69,000 volts.
new text end

new text begin (c) "Eligible service" means electric service that an eligible service provider furnishes
to an eligible customer under terms and conditions mutually agreed upon in a written contract.
new text end

new text begin (d) "Eligible service provider" means any person or electric utility that provides eligible
service.
new text end

new text begin Subd. 2. new text end

new text begin Eligible customer choice. new text end

new text begin (a) Notwithstanding sections 216B.37, 216B.39,
and 216B.40, an eligible customer may, after January 1, 2020, contract with an eligible
service provider to furnish eligible service to meet a portion or all of the eligible customer's
electric energy needs.
new text end

new text begin (b) A large energy facility, as defined in section 216B.2421, constructed in Minnesota
after the effective date of this act and that provides eligible service to one or more eligible
customers under this section is exempt from the requirements of section 216B.243.
new text end

new text begin (c) Each electric utility must offer eligible service providers providing eligible service
nondiscriminatory access to unbundled transmission service in a manner consistent with
the Open Access Transmission Tariff under which the electric utility, the Midcontinent
Independent System Operator, and any other independent system operator or regional
transmission organization transporting electricity from an eligible service provider to an
eligible customer in Minnesota operates.
new text end

new text begin (d) An eligible service provider contracting with an eligible customer must not be deemed
to be a public utility under section 216B.02, subdivision 4, solely as a result of providing
eligible service.
new text end

new text begin (e) A public utility is prohibited from charging an eligible customer receiving eligible
service from an eligible service provider a charge or rate for the electric service the customer
purchases from the public utility that is different from the charge or rate charged to any
other customer of the public utility in the same customer class as the eligible customer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end