1.1 	A bill for an act
1.2 	relating to utilities; authorizing Public Utilities Commission to order refunds 
1.3 	of unlawful utility rate revenues;amending Minnesota Statutes 2008, section 
1.4 	216B.23, by adding a subdivision.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 216B.23, is amended by adding a 
1.7 	subdivision to read:
1.8 		Subd. 1a.Authority to issue refund. On determining that a public utility has 
1.9 	charged a rate in violation of this chapter, a commission rule, or a commission order, the 
1.10 	commission, after conducting a proceeding, may require the public utility to refund to its 
1.11 	customers, in a manner approved by the commission, any revenues the commission finds 
1.12 	were collected as a result of the unlawful conduct. Any refund authorized by this section 
1.13 	is permitted in addition to any remedies authorized by section 216B.16 or any other law 
1.14 	governing rates. Exercising authority under this section does not preclude the commission 
1.15 	from pursuing penalties under sections 216B.57 to 216B.61 for the same conduct. Nothing 
1.16 	in this section shall be construed as allowing retroactive ratemaking. In addition, nothing 
1.17 	in this section shall be construed to allow refunds based on claims that prior or current 
1.18 	approved rates have been unjust, unreasonable, unreasonably preferential, discriminatory, 
1.19 	insufficient, inequitable, or inconsistent in application to a class of customers. Moreover, 
1.20 	nothing in this section shall be construed to allow refunds based on claims that approved 
1.21 	rates have not encouraged energy conservation, encouraged renewable energy use, or 
1.22 	furthered the goals of section 216B.164, 216B.241, or 216C.05. A refund under this 
1.23 	subdivision shall not apply to revenues collected more than six years prior to the date of 
1.24 	the notice of the commission proceeding.