SF 1901

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to utilities; allowing recovery of costs of
certificate of need proceedings; amending Minnesota
Statutes 2004, sections 216B.02, by adding a
subdivision; 216B.243, subdivision 6; 216B.62,
subdivision 5, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 216B.02, is
amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Transmission company. new text end

new text begin "Transmission company"
means persons, corporations, or other legal entities and their
lessees, trustees, and receivers, now or hereafter engaged in
the business of operating, maintaining, or controlling in this
state equipment or facilities for furnishing electric
transmission service in the state of Minnesota, but does not
include public utilities, municipal electric utilities,
municipal power agencies, cooperative electric associations, or
generation and transmission cooperative power associations.
new text end

Sec. 2.

Minnesota Statutes 2004, section 216B.243,
subdivision 6, is amended to read:

Subd. 6.

Application fees; rules.

Any application for a
certificate of need shall be accompanied by the new text begin application new text end fee
required pursuant to this subdivision. new text begin The application fee is
to be applied toward the total costs reasonably necessary to
complete the evaluation of need for the proposed facility. new text end The
maximum new text begin application new text end fee shall be $50,000, except for an
application for an electric power generating plant as defined in
section 216B.2421, subdivision 2, clause (1), or a high-voltage
transmission line as defined in section 216B.2421, subdivision
2, clause (2), for which the maximum new text begin application new text end fee shall be
$100,000. deleted text begin The commission may require an additional fee to
recover the costs of any rehearing. The fee for a rehearing
shall not be greater than the actual cost of the rehearing or
the maximum fee specified above, whichever is less. deleted text end new text begin Costs
exceeding the application fee and reasonably necessary to
complete the evaluation of need for the proposed facility shall
be recovered from the applicant. If the applicant is a public
utility, a cooperative electric association, a generation and
transmission cooperative electric association, a municipal power
agency, a municipal electric utility, or a transmission company,
the recovery shall be done pursuant to section 216B.62. new text end The
commission shall establish by rule pursuant to chapter 14 and
sections 216C.05 to 216C.30 and this section, a schedule of fees
based on the output or capacity of the facility and the
difficulty of assessment of need. Money collected in this
manner shall be credited to the general fund of the state
treasury.

Sec. 3.

Minnesota Statutes 2004, section 216B.62,
subdivision 5, is amended to read:

Subd. 5.

Assessing cooperatives and municipals.

The
commission and department may charge cooperative electric
associations new text begin , generation and transmission cooperative electric
associations, municipal power agencies, new text end and municipal electric
utilities their proportionate share of the expenses incurred in
the review and disposition of resource plans, adjudication of
service area disputes, proceedings under section new text begin 216B.1691,
new text end 216B.2425, new text begin or 216B.243, new text end and the costs incurred in the
adjudication of complaints over service standards, practices,
and rates. Cooperative electric associations electing to become
subject to rate regulation by the commission pursuant to section
216B.026, subdivision 4, are also subject to this section.
Neither a cooperative electric association nor a municipal
electric utility is liable for costs and expenses in a calendar
year in excess of the limitation on costs that may be assessed
against public utilities under subdivision 2. A cooperative
electric association new text begin , generation and transmission cooperative
electric association, municipal power agency, new text end or municipal
electric utility may object to and appeal bills of the
commission and department as provided in subdivision 4.

The department shall assess cooperatives and municipalities
for the costs of alternative energy engineering activities under
section 216C.261. Each cooperative and municipality shall be
assessed in proportion that its gross operating revenues for the
sale of gas and electric service within the state for the last
calendar year bears to the total of those revenues for all
public utilities, cooperatives, and municipalities.

Sec. 4.

Minnesota Statutes 2004, section 216B.62, is
amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Assessing transmission companies. new text end

new text begin The
commission and department may charge transmission companies
their proportionate share of the expenses incurred in the review
and disposition of proceedings under sections 216B.2425,
216B.243, 216B.50, and 216B.79. A transmission company is not
liable for costs and expenses in a calendar year in excess of
the limitation on costs that may be assessed against public
utilities under subdivision 2. A transmission company may
object to and appeal bills of the commission and department as
provided in subdivision 4.
new text end