HF 359

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to utilities; authorizing public utilities 
  1.3             commission to establish and delegate powers to 
  1.4             subcommittees and to designate lead commissioners; 
  1.5             allowing petitions to be deemed approved unless set 
  1.6             aside for affirmative action by the commission; 
  1.7             authorizing a quorum of the commission to discuss a 
  1.8             docket without complying with certain statutory law 
  1.9             when acting as an administrative court; creating 
  1.10            investigation and contingency revolving fund; 
  1.11            appropriating money; amending Minnesota Statutes 1998, 
  1.12            section 216A.03, subdivision 3a, and by adding 
  1.13            subdivisions; proposing coding for new law in 
  1.14            Minnesota Statutes, chapter 216A. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1998, section 216A.03, 
  1.17  subdivision 3a, is amended to read: 
  1.18     Subd. 3a.  [POWERS AND DUTIES OF CHAIR.] The chair shall be 
  1.19  the principal executive officer of the commission and shall 
  1.20  preside at meetings of the commission.  The chair shall organize 
  1.21  the work of the commission and may make assignments to 
  1.22  commission members, appoint committees subcommittees under 
  1.23  subdivision 7, and give direction to the commission staff 
  1.24  through the executive secretary subject to the approval of the 
  1.25  commission.  
  1.26     Sec. 2.  Minnesota Statutes 1998, section 216A.03, is 
  1.27  amended by adding a subdivision to read: 
  1.28     Subd. 7.  [DELEGATIONS TO COMMISSION SUBCOMMITTEES.] (a) 
  1.29  The commission may create standing or ad hoc subcommittees of 
  1.30  the commission, consisting of at least one commissioner.  The 
  2.1   commission, at a regularly scheduled agenda hearing, may 
  2.2   delegate any of the commission's legislative, administrative, or 
  2.3   quasi-judicial functions, as defined in section 216A.02, to a 
  2.4   subcommittee of the commission. 
  2.5      (b) Upon objection by a party, a participant, or a 
  2.6   commissioner, a decision by the subcommittee must be referred to 
  2.7   the full commission.  Subcommittee decisions for which no 
  2.8   objection is received by the commission within ten days are 
  2.9   deemed decisions of the full commission.  If referred to the 
  2.10  full commission, the full commission may rely on the record 
  2.11  developed by the subcommittee, but shall treat the subcommittee 
  2.12  decision as advisory. 
  2.13     (c) For the purposes of this section: 
  2.14     (1) "party" means a person by or against whom a proceeding 
  2.15  before the commission is commenced or a person permitted to 
  2.16  intervene in a proceeding under this chapter; and 
  2.17     (2) "participant" means a person who files comments or 
  2.18  appears in a proceeding, other than a public hearing held in a 
  2.19  contested case or other commission proceeding conducted to 
  2.20  receive general public comments, to present views without 
  2.21  becoming a party. 
  2.22     Sec. 3.  Minnesota Statutes 1998, section 216A.03, is 
  2.23  amended by adding a subdivision to read: 
  2.24     Subd. 8.  [DESIGNATION OF LEAD COMMISSIONER.] The 
  2.25  commission may designate a commissioner to be the lead 
  2.26  commissioner for a docket, for a type of docket, or for a 
  2.27  particular subject area.  The lead commissioner is authorized to 
  2.28  exercise the commission's authority to develop an evidentiary 
  2.29  record for a proceeding, including holding hearings and 
  2.30  requesting written or oral comments.  At the request of the 
  2.31  commission, the lead commissioner shall provide the commission 
  2.32  with a summary of the evidentiary record developed by the lead 
  2.33  commissioner for the case, including any recommendations of the 
  2.34  commissioner.  Recommendations of the lead commissioner are 
  2.35  advisory only and are not binding on the commission.  The 
  2.36  commission may delegate its authority to designate lead 
  3.1   commissioners to the chair. 
  3.2      Sec. 4.  Minnesota Statutes 1998, section 216A.03, is 
  3.3   amended by adding a subdivision to read: 
  3.4      Subd. 9.  [FILINGS DEEMED APPROVED.] Unless otherwise 
  3.5   provided by law or rule, a filing with the commission may be 
  3.6   deemed approved by the commission 60 days after filing, unless 
  3.7   the commission, a commissioner, or any other person requests the 
  3.8   petition be set aside for affirmative action by the commission.  
  3.9   The commission shall publish a weekly notice of the filings 
  3.10  deemed approved without affirmative action by the commission and 
  3.11  shall issue a written order on the filing upon passage of the 
  3.12  60-day term.  Orders approved under this subdivision are subject 
  3.13  to reconsideration, as provided in section 216B.27 or the 
  3.14  commission's rules of practice and procedure.  This subdivision 
  3.15  does not apply to complaint filings. 
  3.16     Sec. 5.  Minnesota Statutes 1998, section 216A.03, is 
  3.17  amended by adding a subdivision to read: 
  3.18     Subd. 10.  [COMMISSION AS ADMINISTRATIVE COURT.] When 
  3.19  acting as an administrative court, a quorum of the commission 
  3.20  may meet to discuss a case before it without complying with 
  3.21  subdivision 6 or with section 471.705, but only if: 
  3.22     (1) commission staff or counsel is present at all times; 
  3.23     (2) the commission introduces a written summary of the 
  3.24  meeting into the record for that case, and mails a copy of the 
  3.25  summary to the service list for that case within three days of 
  3.26  the meeting; 
  3.27     (3) a quorum of the commission does not meet to discuss the 
  3.28  case within three days of the date a final commission decision 
  3.29  is scheduled to be reached; and 
  3.30     (4) the final commission decision on the case is rendered 
  3.31  at a meeting that complies with subdivision 6 and section 
  3.32  471.705. 
  3.33     The commission is acting as an administrative court when 
  3.34  the case before the commission is a pending contested case 
  3.35  proceeding or a disputed formal petition. 
  3.36     Sec. 6.  [216A.055] [INVESTIGATION AND CONTINGENCY FUND; 
  4.1   APPROPRIATION.] 
  4.2      Subdivision 1.  [FUND.] The commission investigation and 
  4.3   contingency fund is created as a separate special revenue fund 
  4.4   in the state treasury.  The fund is established as a special 
  4.5   revenue fund for use by the commission as described in this 
  4.6   section.  Earnings, such as interest, dividends, and any other 
  4.7   earnings arising from fund assets, must be credited to the 
  4.8   fund.  The commission shall assess persons subject to 
  4.9   assessments under section 216B.62 or 237.295 for commission 
  4.10  expenses accrued under this section.  The assessments must be 
  4.11  credited to the fund and deposited in a separate bank account 
  4.12  and not commingled with any other state money.  The balance in 
  4.13  the fund must never exceed $........ 
  4.14     Subd. 2.  [APPROPRIATION; EXPENDITURES.] Money in the fund 
  4.15  is appropriated to the commission and is in addition to other 
  4.16  money appropriated to the commission.  Money in the fund may 
  4.17  only be used for: 
  4.18     (1) commission expenses incurred for investigations 
  4.19  regarding the consumer and industry impacts due to the increase 
  4.20  in competition in the electric, gas, and telecommunications 
  4.21  industries and the development of regulatory responses 
  4.22  consistent with competition; and 
  4.23     (2) commission expenses incurred to reimburse the office of 
  4.24  administrative hearings in relation to industry-wide 
  4.25  proceedings, such as commission rulemaking proceedings. 
  4.26     Total expenditures from the fund may not exceed $....... 
  4.27  annually or $....... in a biennium. 
  4.28     Subd. 3.  [BIENNIAL REPORT.] By December 15 of each 
  4.29  odd-numbered year, the commission shall present a report to the 
  4.30  house of representatives and senate committees with oversight 
  4.31  over the commission's budget, detailing how the money in the 
  4.32  special revenue fund was used in the previous biennium and, if 
  4.33  appropriate, recommending changes to the administration of the 
  4.34  fund. 
  4.35     Sec. 7.  [ASSESSMENTS TO IMPLEMENT FUND.] 
  4.36     The public utilities commission is authorized to assess 
  5.1   $....... in fiscal year 2000 from persons subject to Minnesota 
  5.2   Statutes, section 216B.62 or 237.295.  Amounts assessed under 
  5.3   this section must be credited to the commission investigation 
  5.4   and contingency fund created under Minnesota Statutes, section 
  5.5   216A.055.  Assessments under this section are in addition to 
  5.6   other commission assessments authorized by law. 
  5.7      Sec. 8.  [EFFECTIVE DATE.] 
  5.8      Sections 1 to 7 are effective the day following final 
  5.9   enactment.