HF 1565

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to energy; granting the legislature authority
to approve expenditures from the renewable development
account; granting the legislature authority to approve
nuclear fuel storage facilities; amending Minnesota
Statutes 2004, sections 116C.779, subdivision 1;
116C.83, subdivision 2; 216B.243, subdivisions 3b, 8;
repealing Minnesota Statutes 2004, section 116C.83,
subdivision 3.

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

Section 1.

Minnesota Statutes 2004, section 116C.779,
subdivision 1, is amended to read:

Subdivision 1.

Renewable development account.

(a) The
public utility that owns the Prairie Island nuclear generating
plant must transfer to a renewable development account
$16,000,000 annually each year the plant is in operation, and
$7,500,000 each year the plant is not in operation if ordered by
the commission pursuant to paragraph (c). The fund transfer
must be made if nuclear waste is stored in a dry cask at the
independent spent-fuel storage facility at Prairie Island for
any part of a year. Funds in the account may be expended only
for development of renewable energy sources. Preference must be
given to development of renewable energy source projects located
within the state.

(b) Expenditures from the account may only be made after
approval by deleted text begin order of the Public Utilities Commission deleted text end new text begin the
legislature new text end upon a petition by the public utility.

(c) After discontinuation of operation of the Prairie
Island nuclear plant and each year spent nuclear fuel is stored
in dry cask at the Prairie Island facility, the commission shall
require the public utility to pay $7,500,000 for any year in
which the commission finds, by the preponderance of the
evidence, that the public utility did not make a good faith
effort to remove the spent nuclear fuel stored at Prairie Island
to a permanent or interim storage site out of the state. This
determination shall be made at least every two years.

Sec. 2.

Minnesota Statutes 2004, section 116C.83,
subdivision 2, is amended to read:

Subd. 2.

deleted text begin commission deleted text end process for future additional
authorization.

Authorization of any additional dry cask storage
other than that provided for in subdivision 1, or expansion or
establishment of an independent spent-fuel storage facility at a
nuclear generation facility in this state, is subject to
approval of deleted text begin a certificate of need by the Public Utilities
Commission pursuant to section 216B.243. In any proceeding
under this subdivision, the commission may make a decision that
could result in a shutdown of a nuclear generating facility. In
considering an application for a certificate of need pursuant to
this subdivision, the commission may consider whether the public
utility that owns the nuclear generation facility in the state
is in compliance with section 216B.1691 and the utility's past
performance under that section deleted text end new text begin the legislature new text end .

Sec. 3.

Minnesota Statutes 2004, section 216B.243,
subdivision 3b, is amended to read:

Subd. 3b.

Nuclear power plant; new construction
prohibited; relicensing.

deleted text begin (a) deleted text end The commission may not issue a
certificate of need for the construction of a new
nuclear-powered electric generating plant.

deleted text begin (b) Any certificate of need for additional storage of spent
nuclear fuel for a facility seeking a license extension shall
address the impacts of continued operations over the period for
which approval is sought.
deleted text end

Sec. 4.

Minnesota Statutes 2004, section 216B.243,
subdivision 8, is amended to read:

Subd. 8.

Exemptions.

This section does not apply to:

(1) cogeneration or small power production facilities as
defined in the Federal Power Act, United States Code, title 16,
section 796, paragraph (17), subparagraph (A), and paragraph
(18), subparagraph (A), and having a combined capacity at a
single site of less than 80,000 kilowatts or to plants or
facilities for the production of ethanol or fuel alcohol nor in
any case where the commission shall determine after being
advised by the attorney general that its application has been
preempted by federal law;

(2) a high-voltage transmission line proposed primarily to
distribute electricity to serve the demand of a single customer
at a single location, unless the applicant opts to request that
the commission determine need under this section or section
216B.2425;

(3) the upgrade to a higher voltage of an existing
transmission line that serves the demand of a single customer
that primarily uses existing rights-of-way, unless the applicant
opts to request that the commission determine need under this
section or section 216B.2425;

(4) a high-voltage transmission line of one mile or less
required to connect a new or upgraded substation to an existing,
new, or upgraded high-voltage transmission line;

(5) conversion of the fuel source of an existing electric
generating plant to using natural gas; deleted text begin or
deleted text end

(6) modification of an existing electric generating plant
to increase efficiency, as long as the capacity of the plant is
not increased more than ten percent or more than 100 megawatts,
whichever is greater new text begin ; or
new text end

new text begin (7) any nuclear waste storage or disposal facility new text end .

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 116C.83, subdivision 3, is
repealed.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment.
Sections 2 to 5 are effective retroactively from May 30, 2003.
new text end