HF 1210

as introduced - 89th Legislature (2015 - 2016) Posted on 02/26/2015 05:25pm

A bill for an act
relating to energy; delaying achievement of the renewable energy standard for
a utility experiencing substantial rate increases due to the standard; amending
Minnesota Statutes 2014, section 216B.1691, subdivision 2b.

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

Section 1.

Minnesota Statutes 2014, section 216B.1691, subdivision 2b, is amended to
read:

Subd. 2b.

Modification or delay of standard.

(a) The commission shall modify or
delay the implementation of a standard obligation, in whole or in part, if the commission
determines it is in the public interest to do so. The commission, when requested to modify
or delay implementation of a standard, must consider:

(1) the impact of implementing the standard on its customers' utility costs, including
the economic and competitive pressure on the utility's customers;

(2) the effects of implementing the standard on the reliability of the electric system;

(3) technical advances or technical concerns;

(4) delays in acquiring sites or routes due to rejection or delays of necessary siting or
other permitting approvals;

(5) delays, cancellations, or nondelivery of necessary equipment for construction or
commercial operation of an eligible energy technology facility;

(6) transmission constraints preventing delivery of service; and

(7) other statutory obligations imposed on the commission or a utility.

The commission may modify or delay implementation of a standard obligation
under clauses (1) to (3) only if it finds implementation would cause significant rate impact,
requires significant measures to address reliability, or raises significant technical issues.
The commission may modify or delay implementation of a standard obligation under
clauses (4) to (6) only if it finds that the circumstances described in those clauses were due
to circumstances beyond an electric utility's control and make compliance not feasible.

(b) When considering whether to delay or modify implementation of a standard
obligation, the commission must give due consideration to a preference for electric
generation through use of eligible energy technology and to the achievement of the
standards set by this section.

(c) An electric utility requesting a modification or delay in the implementation of a
standard must file a plan to comply with its standard obligation in the same proceeding
that it is requesting the delay.

new text begin (d) If a utility reports under subdivision 2e that its retail rates have increased by
two percent or more as a result of activities necessary to comply with this section, the
commission shall delay by three years the required achievement of the utility's next
scheduled standard under subdivision 2a.
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