SF 574

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

A bill for an act
relating to utilities; authorizing Public Utilities Commission to order refunds
of unlawful utility rate revenues; amending Minnesota Statutes 2008, section
216B.23, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 216B.23, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Authority to issue refund. new text end

new text begin On determining that a public utility has
charged a rate in violation of this chapter, a commission rule, or a commission order, the
commission, after conducting a proceeding, may require the public utility to refund to its
customers, in a manner approved by the commission, any revenues the commission finds
were collected as a result of the unlawful conduct. Any refund authorized by this section
is permitted in addition to any remedies authorized by section 216B.16 or any other law
governing rates. Exercising authority under this section does not preclude the commission
from pursuing penalties under sections 216B.57 to 216B.61 for the same conduct. Nothing
in this section shall be construed as allowing retroactive ratemaking. In addition, nothing
in this section shall be construed to allow refunds based on claims that prior or current
approved rates have been unjust, unreasonable, unreasonably preferential, discriminatory,
insufficient, inequitable, or inconsistent in application to a class of customers. Moreover,
nothing in this section shall be construed to allow refunds based on claims that approved
rates have not encouraged energy conservation, encouraged renewable energy use, or
furthered the goals of section 216B.164, 216B.241, or 216C.05. A refund under this
subdivision shall not apply to revenues collected more than six years prior to the date of
the notice of the commission proceeding.
new text end