HF 1570

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to electricity; providing for a customer 
  1.3             choice pilot program; proposing coding for new law in 
  1.4             Minnesota Statutes, chapter 216B.  
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [216B.431] [CUSTOMER CHOICE PILOT PROGRAM.] 
  1.7      (a) Notwithstanding sections 216B.37 to 216B.44, a person 
  1.8   constructing new generation capacity that the commission 
  1.9   determines is base-load or intermediate electric generation 
  1.10  capacity may dedicate up to 50 percent of that new capacity to 
  1.11  provide direct retail service to any customer in the state under 
  1.12  terms and conditions established by order of the commission.  A 
  1.13  person providing direct retail service under this section shall 
  1.14  set aside at least 50 percent of the new capacity to serve 
  1.15  aggregated load, as determined by the commission.  The 
  1.16  commission shall allow a maximum combined load of 2,000 
  1.17  megawatts to be offered to customers under this pilot program 
  1.18  consistent with this section.  In order to qualify under this 
  1.19  section, new electric generation capacity must be under contract 
  1.20  for construction by January 1, 2005. 
  1.21     (b) That portion of the capacity dedicated to provide 
  1.22  direct retail service to customers must not be included in the 
  1.23  determination of utility property in any proceeding under 
  1.24  section 216B.16.  Section 216B.243 does not apply to a facility 
  1.25  dedicated in its entirety to providing direct retail access to 
  2.1   customers under this section. 
  2.2      (c) By June 1, 2002, the commission shall prescribe any 
  2.3   terms and conditions it considers necessary to prohibit 
  2.4   anticompetitive practices, to ensure quality of service, and to 
  2.5   encourage customer choice offered under this section.  The 
  2.6   commission may prescribe reporting requirements it considers 
  2.7   necessary to evaluate the pilot program established under this 
  2.8   section.  The commission shall report annually to the 
  2.9   legislature regarding the progress and results of projects 
  2.10  initiated under this section. 
  2.11     (d) The commission shall not allow direct retail service 
  2.12  under this section in the service territory of any public 
  2.13  utility, municipal utility, or cooperative electric association 
  2.14  whose ability to respond to competitive offers made to customers 
  2.15  of the utility or association is restricted by federal law or 
  2.16  regulation.  A utility or association so restricted shall notify 
  2.17  the commission in a writing identifying the federal law or 
  2.18  regulation by June 1, 2002.