1st Engrossment - 91st Legislature (2019 - 2020) Posted on 08/28/2019 02:48pm
A bill for an act
relating to energy; clarifying an arbiter of disputes for certain utilities; amending
Minnesota Statutes 2018, section 216B.164, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2018, section 216B.164, subdivision 5, is amended to read:
(a) In the event of deleted text begindisputesdeleted text endnew text beginnew text end betweennew text beginnew text end a deleted text beginpublic
utility and adeleted text end qualifying facilitynew text beginnew text end, either party may request a determination of the issue by the commission. In any such
determination, the burden of proof shall be on the public utility new text beginnew text end. The commission in its order resolving each such dispute shall require payments
to the prevailing party of the prevailing party's costs, disbursements, and reasonable attorneys'
fees, except that the qualifying facility will be required to pay the costs, disbursements, and
attorneys' fees of the public utility new text beginnew text end only if the commission
finds that the claims of the qualifying facility in the dispute have been made in bad faith,
or are a sham, or are frivolous.
(b) Notwithstanding subdivisions 9 and 11, a qualifying facility over 20 megawatts may,
until December 31, 2022, request that the commission resolve a dispute with any utility,
including a cooperative electric association or municipal utility, under paragraph (a).
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