HF 2082

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

A bill for an act
relating to utilities; regulating electric
transmission companies; making clarifying changes;
amending Minnesota Statutes 2004, sections 216B.02, by
adding a subdivision; 216B.2425, subdivisions 2, 7;
216B.50, subdivision 1; 216B.62, by adding a
subdivision; 216B.79.

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

Section 1.

Minnesota Statutes 2004, section 216B.02, is
amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Transmission company. new text end

new text begin "Transmission company"
means persons, corporations, or other legal entities and their
lessees, trustees, and receivers, now or hereafter engaged in
the business of operating, maintaining, or controlling in this
state equipment or facilities for furnishing electric
transmission service in Minnesota, but does not include public
utilities, municipal electric utilities, municipal power
agencies, cooperative electric associations, or generation and
transmission cooperative power associations.
new text end

Sec. 2.

Minnesota Statutes 2004, section 216B.2425,
subdivision 2, is amended to read:

Subd. 2.

List development new text begin ; transmission projects report new text end .

(a) By November 1 of each odd-numbered year, deleted text begin each deleted text end new text begin a transmission
projects report must be submitted to the commission by each
utility, organization, or company that:
new text end

new text begin (1) is a new text end public utility, new text begin a new text end municipal utility, deleted text begin and deleted text end new text begin a
new text end cooperative electric association, deleted text begin or deleted text end the generation and
transmission organization that serves each utility or
association, deleted text begin that deleted text end new text begin or a transmission company; and
new text end

new text begin (2) new text end owns or operates electric transmission lines in
Minnesota deleted text begin shall deleted text end new text begin .
new text end

new text begin (b) The report may be submitted new text end jointly or
individually deleted text begin submit a transmission projects report deleted text end to the
commission.

new text begin (c) new text end The report must:

(1) list specific present and reasonably foreseeable future
inadequacies in the transmission system in Minnesota;

(2) identify alternative means of addressing each
inadequacy listed;

(3) identify general economic, environmental, and social
issues associated with each alternative; and

(4) provide a summary of public input deleted text begin the utilities and
associations have gathered deleted text end related to the list of inadequacies
and the role of local government officials and other interested
persons in assisting to develop the list and analyze
alternatives.

deleted text begin (b) deleted text end new text begin (d) new text end To meet the requirements of this subdivision,
deleted text begin entities deleted text end new text begin reporting parties new text end may rely on available information and
analysis developed by a regional transmission organization or
any subgroup of a regional transmission organization and may
develop and include additional information as necessary.

Sec. 3.

Minnesota Statutes 2004, section 216B.2425,
subdivision 7, is amended to read:

Subd. 7.

Transmission needed to support renewable
resources.

deleted text begin Each entity deleted text end new text begin Any person new text end subject to this section shall
determine necessary transmission upgrades to support development
of renewable energy resources required to meet objectives under
section 216B.1691 and shall include those upgrades in its report
under subdivision 2.

Sec. 4.

Minnesota Statutes 2004, section 216B.50,
subdivision 1, is amended to read:

Subdivision 1.

Commission approval required.

No public
utility shall sell, acquire, lease, or rent any plant as an
operating unit or system in this state for a total consideration
in excess of $100,000, or merge or consolidate with another
public utility new text begin or transmission company new text end operating in this state,
without first being authorized so to do by the commission. Upon
the filing of an application for the approval and consent of the
commission deleted text begin thereto deleted text end new text begin , new text end the commission shall investigate, with or
without public hearing deleted text begin , and in case of deleted text end new text begin . The commission may
elect to hold new text end a public hearing, upon such notice as the
commission may require deleted text begin , and if it shall find deleted text end new text begin . If the commission
finds new text end that the proposed action is consistent with the public
interest new text begin , new text end it shall give its consent and approval by order in
writing. In reaching its determination new text begin , new text end the commission shall
take into consideration the reasonable value of the property,
plant, or securities to be acquired or disposed of, or merged
and consolidated. deleted text begin The provisions of
deleted text end

This section deleted text begin shall deleted text end new text begin does new text end not deleted text begin be construed as
applicable deleted text end new text begin apply new text end to the purchase of deleted text begin units of deleted text end property deleted text begin for
replacement or to the addition deleted text end to new text begin replace or add to new text end the plant of
the public utility by construction.

Sec. 5.

Minnesota Statutes 2004, section 216B.62, is
amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Assessing transmission companies. new text end

new text begin The
commission and department may charge transmission companies
their proportionate share of the expenses incurred in the review
and disposition of proceedings under sections 216B.2425,
216B.243, 216B.50, and 216B.79. A transmission company is not
liable for costs and expenses in a calendar year in excess of
the limitation on costs that may be assessed against public
utilities under subdivision 2. A transmission company may
object to and appeal bills of the commission and department as
provided in subdivision 4.
new text end

Sec. 6.

Minnesota Statutes 2004, section 216B.79, is
amended to read:

216B.79 PREVENTATIVE MAINTENANCE.

The commission may order public utilities to make adequate
infrastructure investments and undertake sufficient preventative
maintenance with regard to generation, transmission, and
distribution facilities. new text begin The commission's authority under this
section also applies to any transmission company that owns or
operates electric transmission lines in Minnesota.
new text end