HF 1989

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/07/2012 04:56pm

A bill for an act
relating to energy; utilities; establishing rights for incumbent electric transmission
owners; establishing commission procedures; proposing coding for new law
in Minnesota Statutes, chapter 216B.

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

Section 1.

new text begin [216B.246] RIGHT OF INCUMBENT ELECTRIC TRANSMISSION
OWNER TO CONSTRUCT AND OWN ELECTRIC TRANSMISSION LINE TO
ELECTRIC FACILITIES; NOTICE; PROCEDURE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Electric transmission line" means a high-voltage transmission line with a
capacity of 100 kilovolts or more and transmission facilities.
new text end

new text begin (c) "Incumbent electric transmission owner" means any electric utility as defined
under section 216B.1691, subdivision 1, paragraph (b); any transmission company as
defined under section 216B.02, subdivision 10; or any municipal utility, provided that the
electric utility, transmission company, or municipal utility owns, operates, controls, or
maintains an electric transmission line in this state.
new text end

new text begin Subd. 2. new text end

new text begin Incumbent electric transmission owner rights. new text end

new text begin An incumbent electric
transmission owner has the right to construct, own, and maintain an electric transmission
line that connects to facilities owned by the incumbent electric transmission owner. The
right to construct, own, and maintain an electric transmission line that connects to facilities
owned by two or more incumbent electric transmission owners belongs individually and
proportionally to each incumbent electric transmission owner, unless otherwise agreed
upon in writing.
new text end

new text begin Subd. 3. new text end

new text begin Commission procedure. new text end

new text begin (a) If an electric transmission line has been
approved for construction in a federally registered planning authority transmission plan,
the incumbent electric transmission owner, or owners if there is more than one owner,
shall give notice to the commission, in writing, within 90 days of approval, regarding its
intent to construct, own, and maintain the electric transmission line. If an incumbent
electric transmission owner gives notice of intent to build the electric transmission line
then, unless exempt from the requirements of section 216B.243, within 18 months from
the date of the notice described in this paragraph or such longer time approved by the
commission, the incumbent electric transmission owner shall file an application for a
certificate of need under section 216B.243 or certification under section 216B.2425.
new text end

new text begin (b) If the incumbent electric transmission owner indicates that it does not intend to
build the transmission line, such notice shall fully explain the basis for that decision. If the
incumbent electric transmission owner, or owners, gives notice of intent not to build the
electric transmission line, then the commission may determine whether the incumbent
electric transmission owner or other entity will build the electric transmission line, taking
into consideration issues such as cost, efficiency, reliability, and other factors identified
in this chapter.
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