SF 684

1st Engrossment - 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; amending 
  1.10            Minnesota Statutes 1998, section 216A.03, by adding 
  1.11            subdivisions. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 216A.03, is 
  1.14  amended by adding a subdivision to read: 
  1.15     Subd. 7.  [FILINGS APPROVED WITHOUT HEARING.] A filing with 
  1.16  the commission may be deemed approved by the commission after 60 
  1.17  days of filing, unless the commission, a commissioner, or any 
  1.18  other person requests the filing be set aside for action by the 
  1.19  commission.  The commission may designate, by standing order, 
  1.20  categories or types of filings that are eligible for approval 
  1.21  under this subdivision.  Complaint filings, petitions for 
  1.22  rulemakings, or petitions to increase rates are not eligible for 
  1.23  designation.  The commission must publish a weekly notice of the 
  1.24  filings that are approved without other action by the 
  1.25  commission, and shall issue a written order approving the filing 
  1.26  upon passage of the 60-day term.  Orders approved under this 
  1.27  subdivision are subject to reconsideration, as provided in 
  1.28  section 216B.27 or the commission's rules of practice and 
  2.1   procedure, and nothing in this subdivision affects the rights of 
  2.2   any entity under section 216B.17 or 237.081. 
  2.3      Sec. 2.  Minnesota Statutes 1998, section 216A.03, is 
  2.4   amended by adding a subdivision to read: 
  2.5      Subd. 8.  [DELEGATIONS TO COMMISSION SUBCOMMITTEES.] (a) 
  2.6   The commission may create and appoint members to standing or ad 
  2.7   hoc subcommittees of the commission consisting of at least one 
  2.8   commissioner.  The commission, at a regularly scheduled agenda 
  2.9   hearing, may delegate any of the commission's legislative, 
  2.10  administrative, or quasi-judicial functions, as defined in 
  2.11  section 216A.02, to a subcommittee of the commission. 
  2.12     (b) Upon objection by a party, a participant, or a 
  2.13  commissioner, a decision by a subcommittee must be referred to 
  2.14  the full commission.  Subcommittee decisions for which no 
  2.15  objection is filed with the commission within ten days from the 
  2.16  date of receipt of the written decision of the subcommittee are 
  2.17  deemed decisions of the full commission.  If referred to the 
  2.18  full commission, the full commission may rely on the record 
  2.19  developed by the subcommittee but shall treat the subcommittee 
  2.20  decision as advisory. 
  2.21     (c) In either their initial or reply filings with the 
  2.22  commission, a party or a participant may request that the 
  2.23  commission not delegate the proceeding to a commission 
  2.24  subcommittee.  The request must be granted. 
  2.25     (d) For the purposes of this subdivision:  
  2.26     (1) a "party" means a person by or against whom a 
  2.27  proceeding before the commission is commenced or a person 
  2.28  permitted to intervene in a proceeding under this chapter; and 
  2.29     (2) a "participant" means a person who files comments or 
  2.30  appears to present views without becoming a party in a 
  2.31  proceeding, other than public hearings held in contested cases 
  2.32  and other commission proceedings conducted to receive general 
  2.33  public comments. 
  2.34     Sec. 3.  Minnesota Statutes 1998, section 216A.03, is 
  2.35  amended by adding a subdivision to read: 
  2.36     Subd. 9.  [DESIGNATION OF LEAD COMMISSIONER.] The 
  3.1   commission may designate a commissioner to be the lead 
  3.2   commissioner for a docket, a type of docket, or for a particular 
  3.3   subject area.  The commission shall allow interested persons to 
  3.4   be heard on a proposed designation prior to making the 
  3.5   designation.  The lead commissioner is authorized to exercise 
  3.6   the commission's authority to develop an evidentiary record for 
  3.7   a proceeding, including holding hearings and requesting written 
  3.8   or oral comments.  At the request of the commission, the lead 
  3.9   commissioner shall provide the commission and the service list 
  3.10  for the proceeding with a written summary of the evidentiary 
  3.11  record developed by the lead commissioner for the case, 
  3.12  including any recommendations of the commissioner.  Any findings 
  3.13  of fact, conclusions of law, or recommendations of the lead 
  3.14  commissioner are advisory only and are not binding on the 
  3.15  commission.  The commission may delegate its authority to 
  3.16  designate lead commissioners to the chair.  Nothing in this 
  3.17  subdivision affects a person's opportunity to request a 
  3.18  contested case proceeding under chapter 14. 
  3.19     Sec. 4.  [SUNSETS.] 
  3.20     Sections 1 to 3 expire as of June 30, 2002. 
  3.21     Sec. 5.  [EFFECTIVE DATE.] 
  3.22     Sections 1 to 3 are effective the day following final 
  3.23  enactment.