HF 2218

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to utilities; specifying conditions and procedures for the payment of
compensation to certain intervenors in utility proceedings; amending Minnesota
Statutes 2006, section 216B.16, subdivision 10; repealing Minnesota Rules,
parts 7831.0100; 7831.0200; 7831.0300; 7831.0400; 7831.0500; 7831.0600;
7831.0700; 7831.0800.

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

Section 1.

Minnesota Statutes 2006, section 216B.16, subdivision 10, is amended to
read:

Subd. 10.

Intervenor deleted text begin payment deleted text end new text begin compensation new text end .

new text begin (a) An organization or individual
granted formal intervenor status by the commission is eligible to receive compensation.
new text end

new text begin (b) new text end The commission may order a utility to deleted text begin pay all or a portion of a party's intervention deleted text end
new text begin compensate all or part of an eligible intervenor's reasonable new text end costs deleted text begin not to exceed $20,000
per intervenor in any proceeding deleted text end new text begin of participation in a general rate case that comes before
the commission new text end when the commission finds that the intervenor has materially assisted
the commission's deliberation deleted text begin and the intervenor has insufficient financial resources to
afford the costs of intervention deleted text end new text begin and when a lack of compensation would present financial
hardship to the intervenor. Compensation may not exceed $50,000 for a single intervenor
in any proceeding. For the purpose of this subdivision, "materially assisted" means that
the intervenor's participation and presentation was useful and seriously considered, or
otherwise substantially contributed to the commission's deliberations in the proceeding.
new text end

new text begin (c) In determining whether an intervenor has materially assisted the commission's
deliberation, the commission must consider, at a minimum, whether:
new text end

new text begin (1) the intervenor represented an interest that would not otherwise have been
adequately represented;
new text end

new text begin (2) the evidence or arguments presented or the positions taken by the intervenor
were an important factor in producing a fair decision;
new text end

new text begin (3) the intervenor's position promoted a public purpose or policy;
new text end

new text begin (4) the evidence presented, arguments made, issues raised, or positions taken by the
intervenor would not have been a part of the record without the intervenor's participation;
and
new text end

new text begin (5) the administrative law judge or the commission adopted, in whole or in part, a
position advocated by the intervenor.
new text end

new text begin (d) In determining whether the absence of compensation would present financial
hardship to the intervenor, the commission must consider:
new text end

new text begin (1) whether the costs presented in the intervenor's claim reflect reasonable fees for
attorneys and expert witnesses and other reasonable costs; and
new text end

new text begin (2) the ratio between the costs of intervention and the intervenor's unrestricted funds.
new text end

new text begin (e) An intervenor seeking compensation must file a request and an affidavit of service
with the commission, and serve a copy of the request on each party to the proceeding.
The request must be filed 30 days after the later of (1) the expiration of the period within
which a petition for rehearing, amendment, vacation, reconsideration, or reargument must
be filed or (2) the date the commission issues an order following rehearing, amendment,
vacation, reconsideration, or reargument.
new text end

new text begin (f) The compensation request must include:
new text end

new text begin (1) the name and address of the intervenor or representative of the nonprofit
organization the intervenor is representing;
new text end

new text begin (2) if necessary, proof of the organization's nonprofit, tax-exempt status;
new text end

new text begin (3) the name and docket number of the proceeding for which compensation is
requested;
new text end

new text begin (4) a list of actual annual revenues and expenses of the organization the intervenor is
representing for the preceding year and projected revenues, revenue sources, and expenses
for the current year;
new text end

new text begin (5) the organization's balance sheet for the preceding year and a current monthly
balance sheet;
new text end

new text begin (6) an itemization of intervenor costs and the total compensation request; and
new text end

new text begin (7) a narrative explaining why additional organizational funds cannot be devoted
to the intervention.
new text end

new text begin (g) Within 30 days after service of the request for compensation, a party may file
a response, together with an affidavit of service, with the commission. A copy of the
response must be served on the intervenor and all other parties to the proceeding.
new text end

new text begin (h) Within 15 days after the response is filed, the intervenor may file a reply with
the commission. A copy of the reply and an affidavit of service must be served on all
other parties to the proceeding.
new text end

new text begin (i) If additional costs are incurred as a result of additional proceedings following
the commission's initial order, the intervenor may file an amended request within 30
days after the commission issues an amended order. Paragraphs (e) to (h) apply to an
amended request.
new text end

new text begin (j) The commission must issue a decision on intervenor compensation within 60
days of a filing by an intervenor.
new text end

new text begin (k) A party may request reconsideration of the commission's compensation decision
within 30 days of the decision.
new text end

new text begin (l) If the commission issues an order requiring payment of intervenor compensation,
the utility that was the subject of the proceeding must pay the compensation to the
intervenor, and file with the commission proof of payment, within 30 days after the later
of (1) the expiration of the period within which a petition for reconsideration of the
commission's compensation decision must be filed or (2) the date the commission issues
an order following reconsideration of its order on intervenor compensation new text end .

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 7831.0100; 7831.0200; 7831.0300; 7831.0400; 7831.0500;
7831.0600; 7831.0700; and 7831.0800, new text end new text begin are repealed as they pertain to a general rate case
for a gas or electric utility held before the commission.
new text end