1.1 	A bill for an act
1.2 	relating to utilities; allowing recovery of costs of
1.3 	certificate of need proceedings; amending Minnesota
1.4 	Statutes 2004, sections 216B.02, by adding a
1.5 	subdivision; 216B.243, subdivision 6; 216B.62,
1.6 	subdivision 5, by adding a subdivision.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 216B.02, is
1.9 	amended by adding a subdivision to read:
1.10 		Subd. 10.Transmission company. "Transmission company"
1.11 	means persons, corporations, or other legal entities and their
1.12 	lessees, trustees, and receivers, now or hereafter engaged in
1.13 	the business of operating, maintaining, or controlling in this
1.14 	state equipment or facilities for furnishing electric
1.15 	transmission service in the state of Minnesota, but does not
1.16 	include public utilities, municipal electric utilities,
1.17 	municipal power agencies, cooperative electric associations, or
1.18 	generation and transmission cooperative power associations.

1.19 	Sec. 2. Minnesota Statutes 2004, section 216B.243,
1.20 	subdivision 6, is amended to read:
1.21 		Subd. 6.Application fees; rules.  Any application for a
1.22 	certificate of need shall be accompanied by the application fee
1.23 	required pursuant to this subdivision. The application fee is
1.24 	to be applied toward the total costs reasonably necessary to
1.25 	complete the evaluation of need for the proposed facility.The
1.26 	maximum application fee shall be $50,000, except for an
2.1 	application for an electric power generating plant as defined in
2.2 	section 216B.2421, subdivision 2, clause (1), or a high-voltage
2.3 	transmission line as defined in section 216B.2421, subdivision
2.4 	2, clause (2), for which the maximum application fee shall be
2.5 	$100,000. The commission may require an additional fee to
2.6 	recover the costs of any rehearing.  The fee for a rehearing
2.7 	shall not be greater than the actual cost of the rehearing or
2.8 	the maximum fee specified above, whichever is less.Costs
2.9 	exceeding the application fee and reasonably necessary to
2.10 	complete the evaluation of need for the proposed facility shall
2.11 	be recovered from the applicant.  If the applicant is a public
2.12 	utility, a cooperative electric association, a generation and
2.13 	transmission cooperative electric association, a municipal power
2.14 	agency, a municipal electric utility, or a transmission company,
2.15 	the recovery shall be done pursuant to section 216B.62.The
2.16 	commission shall establish by rule pursuant to chapter 14 and
2.17 	sections 216C.05 to 216C.30 and this section, a schedule of fees
2.18 	based on the output or capacity of the facility and the
2.19 	difficulty of assessment of need.  Money collected in this
2.20 	manner shall be credited to the general fund of the state
2.21 	treasury.

2.22 	Sec. 3. Minnesota Statutes 2004, section 216B.62,
2.23 	subdivision 5, is amended to read:
2.24 		Subd. 5.Assessing cooperatives and municipals.  The
2.25 	commission and department may charge cooperative electric
2.26 	associations, generation and transmission cooperative electric
2.27 	associations, municipal power agencies,and municipal electric
2.28 	utilities their proportionate share of the expenses incurred in
2.29 	the review and disposition of resource plans, adjudication of
2.30 	service area disputes, proceedings under section 216B.1691,
2.31 	216B.2425, or 216B.243,and the costs incurred in the
2.32 	adjudication of complaints over service standards, practices,
2.33 	and rates.  Cooperative electric associations electing to become
2.34 	subject to rate regulation by the commission pursuant to section
2.35 	216B.026, subdivision 4, are also subject to this section.
2.36 	Neither a cooperative electric association nor a municipal
3.1 	electric utility is liable for costs and expenses in a calendar
3.2 	year in excess of the limitation on costs that may be assessed
3.3 	against public utilities under subdivision 2.  A cooperative
3.4 	electric association, generation and transmission cooperative
3.5 	electric association, municipal power agency,or municipal
3.6 	electric utility may object to and appeal bills of the
3.7 	commission and department as provided in subdivision 4.
3.8 	The department shall assess cooperatives and municipalities
3.9 	for the costs of alternative energy engineering activities under
3.10 	section 216C.261.  Each cooperative and municipality shall be
3.11 	assessed in proportion that its gross operating revenues for the
3.12 	sale of gas and electric service within the state for the last
3.13 	calendar year bears to the total of those revenues for all
3.14 	public utilities, cooperatives, and municipalities.

3.15 	Sec. 4. Minnesota Statutes 2004, section 216B.62, is
3.16 	amended by adding a subdivision to read:
3.17 		Subd. 5a.Assessing transmission companies. The
3.18 	commission and department may charge transmission companies
3.19 	their proportionate share of the expenses incurred in the review
3.20 	and disposition of proceedings under sections 216B.2425,
3.21 	216B.243, 216B.50, and 216B.79.  A transmission company is not
3.22 	liable for costs and expenses in a calendar year in excess of
3.23 	the limitation on costs that may be assessed against public
3.24 	utilities under subdivision 2.  A transmission company may
3.25 	object to and appeal bills of the commission and department as
3.26 	provided in subdivision 4.