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HF 1989

as introduced - 87th Legislature (2011 - 2012) Posted on 01/30/2012 01:57pm

KEY: stricken = removed, old language.
underscored = added, new language.
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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 ELECTRONIC
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" has the meaning given in section 216B.2421,
subdivision 2, clause (2) or (3).
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.
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 electronic
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, 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 electronic 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 electric
transmission line is needed and decide 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