SF 1213

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:19am

A bill for an act
relating to energy; utilities; modifying certificate of need exemption status for
large wind-powered electric generation facility; amending Minnesota Statutes
2008, section 216B.243, subdivisions 8, 9.

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

Section 1.

Minnesota Statutes 2008, section 216B.243, subdivision 8, is amended to
read:

Subd. 8.

Exemptions.

This section does not apply to:

(1) cogeneration or small power production facilities as defined in the Federal Power
Act, United States Code, title 16, section 796, paragraph (17), subparagraph (A), and
paragraph (18), subparagraph (A), and having a combined capacity at a single site of less
than 80,000 kilowatts; plants or facilities for the production of ethanol or fuel alcohol; or
any case where the commission has determined after being advised by the attorney general
that its application has been preempted by federal law;

(2) a high-voltage transmission line proposed primarily to distribute electricity to
serve the demand of a single customer at a single location, unless the applicant opts to
request that the commission determine need under this section or section 216B.2425;

(3) the upgrade to a higher voltage of an existing transmission line that serves
the demand of a single customer that primarily uses existing rights-of-way, unless the
applicant opts to request that the commission determine need under this section or section
216B.2425;

(4) a high-voltage transmission line of one mile or less required to connect a new or
upgraded substation to an existing, new, or upgraded high-voltage transmission line;

(5) conversion of the fuel source of an existing electric generating plant to using
natural gas;

(6) the modification of an existing electric generating plant to increase efficiency,
as long as the capacity of the plant is not increased more than ten percent or more than
100 megawatts, whichever is greater; or

(7) a large energy facility that (i) generates electricity from wind energy
conversion systems, (ii) will serve retail customers in Minnesota, deleted text begin (iii) deleted text end new text begin and either new text end is
specifically intended to be used to meet the renewable energy objective under section
216B.1691 or addresses a resource need identified in a current commission-approved or
commission-reviewed resource plan under section 216B.2422, deleted text begin and (iv) deleted text end new text begin or (iii) new text end derives at
least ten percent of the total nameplate capacity of the proposed project from one or more
C-BED projects, as defined under section 216B.1612, subdivision 2, paragraph (f).

Sec. 2.

Minnesota Statutes 2008, section 216B.243, subdivision 9, is amended to read:

Subd. 9.

Renewable energy standard facilities.

The requirements of this section
do not apply to a wind energy conversion system or a solar electric generation facility that
is intended to be used to meet or exceed the obligations of section 216B.1691; provided
that, after notice and comment, the commission determines that the facility is a reasonable
and prudent approach to meeting a utility's obligations under that section. When making
this determination, the commission may consider new text begin :
new text end

new text begin (1) new text end the size of the facility relative to a utility's total need for renewable resources deleted text begin and deleted text end new text begin ;
new text end

new text begin (2) new text end alternative approaches for supplying the renewable energy to be supplied by
the proposed facility deleted text begin , and must consider deleted text end new text begin ;
new text end

new text begin (3) new text end the facility's ability to promote economic development, as required under section
216B.1691, subdivision 9 deleted text begin , maintain deleted text end new text begin ;
new text end

new text begin (4) maintenance of new text end electric system reliability deleted text begin and consider deleted text end new text begin ;
new text end

new text begin (5) new text end impacts on ratepayers deleted text begin , deleted text end new text begin ; new text end and

new text begin (6) new text end other criteria as the commission may determine are relevant.