1st Engrossment - 90th Legislature (2017 - 2018) Posted on 11/09/2017 10:43am
A bill for an act
relating to energy; allowing adjustment to the biomass fuel requirement by new
or amended power purchase agreement or early termination; amending Minnesota
Statutes 2016, section 216B.2424, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2016, section 216B.2424, is amended by adding a subdivision
to read:
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(a) Notwithstanding any provision
in this section, a public utility that operates a nuclear-powered electric generating plant may
file a petition with the commission for approval of a new or amended power purchase
agreement, or, with the agreement of all parties, the early termination of a power purchase
agreement, with a facility that was previously approved to satisfy a portion of the biomass
mandate in this section.
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(b) A new or amended power purchase agreement under this subdivision may be approved
by the commission regardless of the fuel requirements of this section if, by its terms:
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(1) the new or amended power purchase agreement is in the best interest of the customers
of the public utility that operates a nuclear-powered electric generating plant; and
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(2) the new or amended power purchase agreement is in the best interest of the customers
of a combined heat and power system operated by one or more municipal utilities.
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(c) The termination of a power purchase agreement under this subdivision may be
approved by the commission if:
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(1) all parties to the power purchase agreement agree to the early termination of the
agreement; and
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(2) the termination of the power purchase agreement is in the best interest of the customers
of the public utility that operates a nuclear-powered electric generating plant.
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(d) A new or amended power purchase agreement approved under paragraph (b) may
be for any term agreed to by the parties for any amount of energy agreed to by the parties.
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(e) The approval of a new or amended power purchase agreement under paragraph (b),
or the approval of a termination of a power purchase agreement under paragraph (c), shall
not require the public utility that operates a nuclear-powered electric generation plant to
purchase additional biomass energy under this section.
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This section is effective the day following final enactment.
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