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Minnesota Legislature

Office of the Revisor of Statutes

SF 1294

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to utilities; authorizing electronic filing with Public Utilities Commission;
making technical and clarifying changes; amending Minnesota Statutes 2006,
sections 216.15; 216.17; 216.18; 216B.18; 216B.241, by adding a subdivision;
216B.26; 216B.33; 216B.62, subdivisions 3, 4, 6; 216B.63; 216E.07; 237.295.

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

Section 1.

Minnesota Statutes 2006, section 216.15, is amended to read:


216.15 ANSWER AND REPLY.

The respondent may filenew text begin by mail, by personal delivery, or via the commission's
electronic filing system
new text end and serve deleted text beginby maildeleted text end upon the complainant, within 20 days after
service of the order, an answer alleging that it has already granted the relief demanded or
setting up any matter of defense. If the answer deleted text beginallegedeleted text end new text beginalleges new text endthe granting of the reliefnew text begin,new text end the
complainant shall within 20 days reply admitting or denying deleted text beginsuchdeleted text end new text beginthe new text endallegation. If the
complainant fails to reply or admits the allegation, the proceeding deleted text beginshalldeleted text end new text beginmust new text endbe dismissed.

Sec. 2.

Minnesota Statutes 2006, section 216.17, is amended to read:


216.17 NOTICES AND ORDERS;new text begin FILINGS;new text end SERVICE.

new text begin Subdivision 1. new text end

new text begin Commission notices and orders; signature. new text end

All notices and orders
in proceedings before the commission deleted text beginshalldeleted text endnew text begin mustnew text end be signed by the secretary.new text begin Electronic
signature by the secretary is permitted.
new text end

new text begin Subd. 2. new text end

new text begin Service of notice, order, or other document from commission. new text end

Service
deleted text begin may be madedeleted text end of all notices, orders, and other deleted text beginpapersdeleted text endnew text begin documents by the commission may
be made
new text end by mailnew text begin, personal delivery, or electronic servicenew text end upon any person or firm, or
upon the president, general manager, or other proper executive officer of any corporation
interested. If any party has appeared by attorney, such service deleted text beginshalldeleted text end new text beginmust new text endbe made upon
deleted text begin suchdeleted text end new text beginthe new text endattorney.new text begin Notwithstanding section 14.62, orders and decisions may be served
by mail, by personal delivery, or by electronic service. The commission may provide
electronic service to any person who has provided an electronic address to the commission
for service purposes. For purposes of this section, the term "person" includes a natural
person or an organization, whether for profit or not for profit.
new text end

new text begin Subd. 3. new text end

new text begin Filings with commission; manner of filing. new text end

new text begin As of January 1, 2008, any
telephone company or telecommunications carrier subject to chapter 237; any public
utility, cooperative association, or municipal utility subject to chapter 216B; and state
agencies, shall file documents with the commission via the commission's electronic filing
system. The executive secretary may approve an exemption from this requirement if an
affected company or agency is unable to submit filings via the commission's electronic
filing system. All parties, participants, or other interested persons shall submit filings to
the commission via the commission's electronic filing system whenever practicable, but
may also file by personal delivery or by mail.
new text end

new text begin Subd. 4. new text end

new text begin Service by a party, participant, or other interested person. new text end

new text begin When an
applicable statute or commission rule requires service of a filing or other document by a
party, participant, or other interested person upon persons on a service list maintained by
the commission, service may be made by personal delivery, mail, or electronic service,
except that electronic service may only be made upon persons on the official service
list who have previously agreed in writing to accept electronic service at an electronic
address provided to the commission for electronic service purposes. This section does not
apply to the extent another provision of this chapter or chapter 216A requires a specific
method of service.
new text end

Sec. 3.

Minnesota Statutes 2006, section 216.18, is amended to read:


216.18 POWER TO SUBPOENA WITNESSES AND DOCUMENTS.

The commission in any hearing or investigation may require the attendance of
witnesses and the production of any books, deleted text beginpapersdeleted text endnew text begin documentsnew text end, and records. Witnesses
deleted text begin shalldeleted text endnew text begin mustnew text end receive the same fees and mileage as in civil actions. Disobedience of any
subpoena in such proceeding or contumacy of a witness may, upon application of the
commission, be punished by any district court in the same manner as if the proceedings
were pending in such court.

Sec. 4.

Minnesota Statutes 2006, section 216B.18, is amended to read:


216B.18 SERVICE OF NOTICE.

Service of notice of all hearings, investigations, and proceedings pending before
the commission and of complaints, reports, ordersnew text begin,new text end and other documents deleted text beginshalldeleted text endnew text begin mustnew text end be
made personallynew text begin, by electronic service as provided in section 216.17,new text end or by mail as the
commission may direct.

Sec. 5.

Minnesota Statutes 2006, section 216B.241, is amended by adding a
subdivision to read:


new text begin Subd. 1e. new text end

new text begin Manner of filing and service. new text end

new text begin (a) A public utility, generation and
transmission cooperative electric association, municipal power agency, cooperative
electric association, and municipal utility shall submit filings to the department via the
department's electronic filing system. The commissioner may approve an exemption
from this requirement in the event an affected utility or association is unable to submit
filings via the department's electronic filing system. All other interested parties shall
submit filings to the department via the department's electronic filing system whenever
practicable but may also file by personal delivery or by mail.
new text end

new text begin (b) Submission of a document to the department's electronic filing system constitutes
service on the department. Where department rule requires service of a notice, order, or
other document by the department, utility, association, or interested party upon persons on
a service list maintained by the department, service may be made by personal delivery,
mail, or electronic service, except that electronic service may only be made upon persons
on the service list who have previously agreed in writing to accept electronic service at an
electronic address provided to the department for electronic service purposes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The electronic filing requirement of paragraph (a) is effective
January 1, 2008.
new text end

Sec. 6.

Minnesota Statutes 2006, section 216B.26, is amended to read:


216B.26 ORDER; EFFECTIVE DATE.

Every decision made by the commission constituting an order or determination deleted text beginshall
be
deleted text endnew text begin isnew text end in force and effective 20 days after it has been filed and has been served by personal
deliverynew text begin, electronic service as provided in section 216.17,new text end or by mailing a copy thereof to
all parties to the proceeding in which the decision was made or to their attorneys, unless
the commission deleted text beginshall specifydeleted text endnew text begin specifiesnew text end a different date upon which the order deleted text beginshall bedeleted text endnew text begin
becomes
new text end effective.

Sec. 7.

Minnesota Statutes 2006, section 216B.33, is amended to read:


216B.33 COMMISSION RULING WRITTEN, FILED, AND CERTIFIED.

Every order, finding, authorization, or certificate issued or approved by the
commission under deleted text beginany provisions of Laws 1974, chapter 429 shalldeleted text endnew text begin this chapter mustnew text end
be in writing and deleted text beginfiled in the office of the secretary of the commissiondeleted text endnew text begin retained in the
commission's official record system
new text end. A certificate under the seal of the commission that
any order, finding, authorization, or certificate has not been modified, stayed, suspended,
or revoked, deleted text beginshalldeleted text endnew text begin mustnew text end be received deleted text beginas evidencedeleted text end in any deleted text beginproceedingsdeleted text endnew text begin proceeding as evidencenew text end
as to the facts therein stated.

Sec. 8.

Minnesota Statutes 2006, section 216B.62, subdivision 3, is amended to read:


Subd. 3.

Assessing all public utilities.

The department and commission shall
quarterly, at least 30 days before the start of each quarter, estimate the total of their
expenditures in the performance of their duties relating to (1) public utilities under
section 216A.085, sections 216B.01 to 216B.67, other than amounts chargeable to public
utilities under subdivision 2 or 6, and (2) alternative energy engineering activity under
section 216C.261. The remainder, except the amount assessed against cooperatives and
municipalities for alternative energy engineering activity under subdivision 5, shall be
assessed by the commission and department to the several public utilities in proportion to
their respective gross operating revenues from retail sales of gas or electric service within
the state during the last calendar year. The assessment shall be paid into the state treasury
within 30 days after the bill has been deleted text beginmaileddeleted text endnew text begin transmitted via mail, personal delivery,
or electronic service
new text end to the several public utilities, which shall constitute notice of the
assessment and demand of payment thereof. The total amount which may be assessed to
the public utilities, under authority of this subdivision, shall not exceed one-sixth of one
percent of the total gross operating revenues of the public utilities during the calendar year
from retail sales of gas or electric service within the state. The assessment for the third
quarter of each fiscal year shall be adjusted to compensate for the amount by which actual
expenditures by the commission and department for the preceding fiscal year were more
or less than the estimated expenditures previously assessed.

Sec. 9.

Minnesota Statutes 2006, section 216B.62, subdivision 4, is amended to read:


Subd. 4.

Objections.

Within 30 days after the date of the deleted text beginmailingdeleted text endnew text begin transmittalnew text end of any
bill as provided by subdivisions 2 and 3, the public utility against which the bill has been
rendered may file with the commission objections setting out the grounds upon which it is
claimed the bill is excessive, erroneous, unlawful or invalid. The commission shall within
60 days hold a hearing and issue an order in accordance with its findings. The order shall
be appealable in the same manner as other final orders of the commission.

Sec. 10.

Minnesota Statutes 2006, section 216B.62, subdivision 6, is amended to read:


Subd. 6.

Administrative hearing costs.

Any amounts billed to the commission
or the department by the Office of Administrative Hearings for public utility contested
case hearings shall be assessed by the commission or the department against the public
utility. The assessment shall be paid into the state treasury within 30 days after a bill,
which constitutes notice of the assessment and demand for payment of it, has been deleted text beginmaileddeleted text endnew text begin
transmitted
new text end to the public utility. Money received shall be credited to a special account
and is appropriated to the commission or the department for payment to the Office of
Administrative Hearings.

Sec. 11.

Minnesota Statutes 2006, section 216B.63, is amended to read:


216B.63 INTEREST ON ASSESSMENT.

The amounts assessed against any public utility not paid after 30 days after the
deleted text begin mailingdeleted text endnew text begin transmittalnew text end of a notice advising the public utility of the amount assessed against
it, deleted text beginshalldeleted text end draw interest at the rate of six percent per annumdeleted text begin,deleted text endnew text begin;new text end andnew text begin,new text end upon failure to pay the
assessmentnew text begin,new text end the attorney general shall proceed by action in the name of the state against
the public utility to collect the amount due, together with interest and the cost of the suit.

Sec. 12.

Minnesota Statutes 2006, section 216E.07, is amended to read:


216E.07 ANNUAL HEARING.

The commission shall hold an annual public hearing at a time and place prescribed
by rule in order to afford interested persons an opportunity to be heard regarding any
matters relating to the siting of large electric generating power plants and routing of
high-voltage transmission lines. At the meeting, the commission shall advise the public of
the permits issued by the commission in the past year. The commission shall provide at
least ten days but no more than 45 days' notice of the annual meeting by mailingnew text begin or serving
electronically, as provided in section 216.17, a
new text end notice to those persons who have requested
notice and by publication in the EQB Monitor and the commission's weekly calendar.

Sec. 13.

Minnesota Statutes 2006, section 237.295, is amended to read:


237.295 ASSESSMENT OF REGULATORY EXPENSES.

Subdivision 1.

Filing fee for new authority.

An application for a new authority
must be accompanied by a payment not to exceed $2,000 as determined by the Public
Utilities Commission. This fee will be reviewed annually and adjusted accordingly.

Subd. 2.

Assessment of costs.

The department and commission shall quarterly, at
least 30 days before the start of each quarter, estimate the total of their expenditures
in the performance of their duties relating to telephone companies, other than amounts
chargeable to telephone companies under subdivision 1, 5, or 6. The remainder must be
assessed by the department to the telephone companies operating in this state in proportion
to their respective gross jurisdictional operating revenues during the last calendar year.
The assessment must be paid into the state treasury within 30 days after the bill has been
deleted text begin maileddeleted text endnew text begin transmitted via mail, personal delivery, or electronic servicenew text end to the telephone
companies. The bill constitutes notice of the assessment and demand of payment. The
total amount that may be assessed to the telephone companies under this subdivision may
not exceed three-eighths of one percent of the total gross jurisdictional operating revenues
during the calendar year. The assessment for the third quarter of each fiscal year must be
adjusted to compensate for the amount by which actual expenditures by the commission
and department for the preceding fiscal year were more or less than the estimated
expenditures previously assessed. A telephone company with gross jurisdictional
operating revenues of less than $5,000 is exempt from assessments under this subdivision.

Subd. 3.

Objection.

Within 30 days after the date of the deleted text beginmailingdeleted text endnew text begin transmittalnew text end of
any bill as provided by subdivisions 1, 2, 5, and 6, the parties to the proceeding, against
which the bill has been assessed, may file with the commission objections setting out the
grounds upon which it is claimed the bill is excessive, erroneous, unlawful, or invalid.
The commission shall within 60 days issue an order in accordance with its findings. The
order deleted text beginshall bedeleted text endnew text begin isnew text end appealable in the same manner as other final orders of the commission.

Subd. 4.

Interest imposed.

The amounts assessed against any telephone company
or other party that is not paid after 30 days after the deleted text beginmailingdeleted text endnew text begin transmittalnew text end of a notice advising
the telephone company or other party of the amount assessed against it, deleted text beginshalldeleted text end draw interest
at the rate of six percent per annumdeleted text begin,deleted text endnew text begin;new text end andnew text begin,new text end upon failure to pay the assessmentnew text begin,new text end the attorney
general shall proceed by action in the name of the state against the telephone company or
other party to collect the amount due, together with interest and the cost of the suit.

Subd. 5.

Administrative hearing costs; appropriation.

Any amounts billed to the
commission or the department by the Office of Administrative Hearings for contested case
hearings held pursuant to section 237.25 deleted text beginshalldeleted text endnew text begin mustnew text end be assessed by the commissioner or the
department against the parties to the proceeding. The assessment deleted text beginshalldeleted text endnew text begin mustnew text end be paid into
the state treasury within 30 days after a bill, which constitutes notice of the assessment
and demand for payment of it, has been deleted text beginmaileddeleted text endnew text begin transmittednew text end to the parties. Money received
deleted text begin shalldeleted text endnew text begin mustnew text end be credited to a special account and is appropriated to the commissioner or the
department for payment to the Office of Administrative Hearings.

Subd. 6.

Extended area service balloting account; appropriation.

The extended
area service balloting account is created as a separate account in the special revenue fund
in the state treasury. The commission shall render separate bills to telephone companies
only for direct balloting costs incurred by the commission deleted text beginunder section 237.161deleted text end. The
bill constitutes notice of the assessment and demand of payment. The amount of a bill
assessed by the commission under this subdivision must be paid by the telephone company
into the state treasury within 30 days from the date of assessment. Money received under
this subdivision must be credited to the extended area service balloting account and is
appropriated to the commission.