HF 393

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/20/2023 03:42pm

A bill for an act
relating to public utilities; providing a procedure to resolve disputes between public
utilities and residential customers; amending Minnesota Statutes 2022, section
216B.17, subdivision 1; 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 2022, section 216B.17, subdivision 1, is amended to read:

Subdivision 1.

Investigation.

On deleted text begin its deleted text end new text begin the commission's new text end own motion or upon a complaint
made against any public utility deleted text begin , deleted text end by the governing body of any political subdivision, by
another public utility, by the department, deleted text begin or deleted text end by any 50 consumers of deleted text begin the deleted text end new text begin a new text end particular utility new text begin ,
or by a complainant under section 216B.172 new text end that any of the rates, tolls, tariffs, charges, or
schedules or any joint rate or any regulation, measurement, practice, act, or omission affecting
or relating to the production, transmission, delivery, or furnishing of natural gas or electricity
or any service in connection therewith is in any respect unreasonable, insufficient, or unjustly
discriminatory, or that any service is inadequate or cannot be obtained, the commission
shall proceed, with notice, to make such investigation as it may deem necessary. The
commission may dismiss any complaint without a hearing if in its opinion a hearing is not
in the public interest.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to any complaint filed with the commission on or after that date.
new text end

Sec. 2.

new text begin [216B.172] CONSUMER DISPUTES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Appeal" means a request a complainant files with the commission to review and
make a final decision regarding the resolution of the complainant's complaint by the consumer
affairs office.
new text end

new text begin (c) "Complainant" means an individual residential customer who files with the consumer
affairs office a complaint against a public utility.
new text end

new text begin (d) "Complaint" means an allegation submitted to the consumer affairs office by a
complainant that a public utility's action or practice regarding billing or terms and conditions
of service:
new text end

new text begin (1) violates a statute, rule, tariff, service contract, or other provision of law;
new text end

new text begin (2) is unreasonable; or
new text end

new text begin (3) has harmed or, if not addressed, harms a complainant.
new text end

new text begin Complaint does not include an objection to or a request to modify any natural gas or
electricity rate contained in a tariff that has been approved by the commission. A complaint
under this section is an informal complaint under Minnesota Rules, chapter 7829.
new text end

new text begin (e) "Consumer affairs office" means the staff unit of the commission that is organized
to receive and respond to complaints.
new text end

new text begin (f) "Informal proceeding" has the meaning given in Minnesota Rules, part 7829.0100,
subpart 8.
new text end

new text begin (g) "Public assistance" has the meaning given in section 550.37, subdivision 14.
new text end

new text begin (h) "Public utility" has the meaning given in section 216B.02, subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Complaint resolution procedure. new text end

new text begin A complainant must first attempt to resolve
a dispute with a public utility by filing a complaint with the consumer affairs office. The
consumer affairs office must: (1) notify the complainant of the resolution of the complaint;
and (2) provide written notice of (i) the complainant's right to appeal the resolution to the
commission, and (ii) the steps the complainant may take to appeal the resolution. Upon
request, the consumer affairs office must provide to the complainant a written notice
containing the substance of and basis for the resolution. Nothing in this section affects any
other rights existing under this chapter or other law.
new text end

new text begin Subd. 3. new text end

new text begin Appeal; final commission decision. new text end

new text begin (a) If a complainant is not satisfied with
the resolution of a complaint by the consumer affairs office, the complainant may file an
appeal with the commission requesting that the commission make a final decision on the
complaint. The commission's response to an appeal filed under this subdivision must comply
with the notice requirements under section 216B.17, subdivisions 2 to 5.
new text end

new text begin (b) Upon the commission's receipt of an appeal filed under paragraph (a), the chair of
the commission or a subcommittee delegated under section 216A.03, subdivision 8, to
review the resolution of the complaint must decide whether the complaint be:
new text end

new text begin (1) dismissed because there is no reasonable basis on which to proceed;
new text end

new text begin (2) resolved through an informal commission proceeding; or
new text end

new text begin (3) referred to the Office of Administrative Hearings for a contested case proceeding
under chapter 14.
new text end

new text begin A decision made under this paragraph must be provided in writing to the complainant and
the public utility.
new text end

new text begin (c) If the commission decides that the complaint be resolved through an informal
proceeding before the commission or referred to the Office of Administrative Hearings for
a contested case proceeding, the executive secretary must issue any procedural schedules,
notices, or orders required to initiate an informal proceeding or a contested case.
new text end

new text begin (d) The commission's dismissal of an appeal request or a decision rendered after
conducting an informal proceeding is a final decision constituting an order or determination
of the commission.
new text end

new text begin Subd. 4. new text end

new text begin Judicial review. new text end

new text begin Notwithstanding section 216B.27, a complainant may seek
judicial review in district court of an adverse final decision under subdivision 3, paragraph
(b), clause (1) or (2). Judicial review of the commission's decision in a contested case referred
under subdivision 3, paragraph (b), clause (3), is governed by chapter 14.
new text end

new text begin Subd. 5. new text end

new text begin Right to service during pendency of dispute. new text end

new text begin A public utility must continue
or promptly restore service to a complainant during the pendency of an administrative or
judicial procedure pursued by a complainant under this section, provided that the
complainant:
new text end

new text begin (1) agrees to enter into a payment agreement under section 216B.098, subdivision 3;
new text end

new text begin (2) posts the full disputed payment in escrow;
new text end

new text begin (3) demonstrates receipt of public assistance or eligibility for legal aid services; or
new text end

new text begin (4) demonstrates the complainant's household income is at or below 50 percent of the
median income in Minnesota.
new text end

new text begin Subd. 6. new text end

new text begin Rulemaking authority. new text end

new text begin The commission may adopt rules to carry out the
purposes of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to any complaint filed with the commission on or after that date.
new text end