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SF 2947

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/25/2022 09:11am

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

Current Version - as introduced

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A bill for an act
relating to public utilities; providing a procedure for the resolution of disputes
between public utilities and residential customers; amending Minnesota Statutes
2020, section 216B.17, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 216B.

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

Section 1.

Minnesota Statutes 2020, section 216B.17, subdivision 1, is amended to read:


Subdivision 1.

Investigation.

On deleted text begin itsdeleted text end new text begin the commission's new text end own motion or upon a complaint
made against any public utilitydeleted text begin ,deleted text end by the governing body of any political subdivision, by
another public utility, by the department, deleted text begin ordeleted text end by any 50 consumers of deleted text begin thedeleted text end new text begin anew text end particular utilitynew text begin ,
or by a customer under section 216B.172
new text end that any of the rates, tolls, tariffs, charges, or
schedules or any joint rate or any regulation, measurement, practice, act, or omission affecting
or relating to the production, transmission, delivery, or furnishing of natural gas or electricity
or any service in connection therewith is in any respect unreasonable, insufficient, or unjustly
discriminatory, or that any service is inadequate or cannot be obtained, the commission
shall proceed, with notice, to make such investigation as it may deem necessary. The
commission may dismiss any complaint without a hearing if in its opinion a hearing is not
in the public interest.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to any complaint filed with the commission on or after that date.
new text end

Sec. 2.

new text begin [216B.172] CONSUMER DISPUTES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Appeal" means a filing made to the commission by a complainant that challenges
or disagrees with delegated staff's disposition of a dispute. An appeal is a formal complaint
under Minnesota Rules, chapter 7829.
new text end

new text begin (c) "Complainant" means an individual residential customer who has filed a complaint
with the commission. A complainant is a qualified complainant under Minnesota Rules,
part 7829.0100.
new text end

new text begin (d) "Complaint" means a filing that a complainant submits to delegated staff and that
alleges a public utility's action or practice regarding billing or terms and conditions of
service:
new text end

new text begin (1) is unreasonable;
new text end

new text begin (2) violates a statute, rule, tariff, service contract, or other provision of law; or
new text end

new text begin (3) has harmed or, if not addressed, will harm a complainant and potentially other
residential ratepayers.
new text end

new text begin Complaint does not include an objection to or a request to modify any natural gas or
electricity rate contained in a tariff that has been approved by the commission. A complaint
under this section is an informal complaint under Minnesota Rules, chapter 7829.
new text end

new text begin (e) "Delegated staff" means commission staff delegated under section 216B.098,
subdivision 6, to resolve consumer complaints.
new text end

new text begin (f) "Informal proceeding" has the meaning given in Minnesota Rules, part 7829.0100.
new text end

new text begin (g) "Public assistance" has the meaning given in section 550.37, subdivision 14.
new text end

new text begin Subd. 2. new text end

new text begin Complaint resolution procedure. new text end

new text begin (a) A complainant must first attempt to
resolve a dispute with a utility by filing a complaint with delegated staff.
new text end

new text begin (b) Delegated staff must (1) provide a complainant with written notice of the staff's
proposed settlement or determination, and (2) advise the complainant of the complainant's
right to appeal the proposed settlement or determination under subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Disposition of appeal. new text end

new text begin (a) A complainant may appeal to the commission a
proposed settlement or determination made by delegated staff under subdivision 2. An
appeal made under this subdivision must comply with the notice requirements under section
216B.17, subdivisions 2 to 5.
new text end

new text begin (b) Upon receipt of an appeal filed under paragraph (a), the commission may:
new text end

new text begin (1) dismiss the appeal without conducting an informal proceeding if the commission
determines there is no reasonable basis to investigate the matter;
new text end

new text begin (2) conduct an informal proceeding; or
new text end

new text begin (3) refer the matter to the Office of Administrative Hearings for a contested case hearing
under chapter 14.
new text end

new text begin (c) For the purposes of section 216B.27, the commission's dismissal of an appeal or the
commission's determination rendered after conducting an informal proceeding on the appeal
is a decision constituting an order or determination.
new text end

new text begin Subd. 4. new text end

new text begin Rehearing; judicial review. new text end

new text begin (a) A complainant may seek judicial review in
district court of the commission's action taken under subdivision 3 if the complainant first
petitions the commission for a rehearing of the matter under section 216B.27 and:
new text end

new text begin (1) the commission rejects the petition; or
new text end

new text begin (2) the commission's determination on rehearing does not satisfy the complainant.
new text end

new text begin (b) An appeal of the commission's determination in a contested case referred under
subdivision 3 is governed by chapter 14.
new text end

new text begin Subd. 5. new text end

new text begin Right to service during pendency of dispute. new text end

new text begin A public utility must continue
or promptly restore service to a complainant during the pendency of any administrative or
judicial procedure pursued by a complainant under this section, provided the complainant:
new text end

new text begin (1) agrees to enter into a payment agreement under section 216B.098, subdivision 3;
new text end

new text begin (2) obtains a waiver from the commission under Minnesota Rules, part 7829.3200;
new text end

new text begin (3) posts the full disputed payment in escrow;
new text end

new text begin (4) demonstrates receipt of public assistance;
new text end

new text begin (5) demonstrates the complainant's household income is at or below 60 percent of state
median income; or
new text end

new text begin (6) demonstrates that posting the disputed amount would cause a financial hardship to
the complainant.
new text end

new text begin Subd. 6. new text end

new text begin Rulemaking authority. new text end

new text begin The commission may adopt rules to carry out the
purposes of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to any complaint filed with the commission on or after that date.
new text end