HF 805

as introduced - 87th Legislature (2011 - 2012) Posted on 03/03/2011 10:48am

A bill for an act
relating to energy; requiring filing of certain information in power purchase
agreements with Public Utilities Commission; requiring utilities to offer
customers option to request energy from local wind projects; requiring certain
utilities to purchase energy from small wind projects; amending Minnesota
Statutes 2010, sections 216B.05, subdivision 3, by adding a subdivision;
216B.169, by adding a subdivision; 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 2010, section 216B.05, is amended by adding a
subdivision to read:

new text begin Subd. 2b. new text end

new text begin Power purchase agreements. new text end

new text begin (a) Each public utility shall file with the
commission the price, duration, and any terms and conditions that affect the price of each
power purchase agreement approved by the commission. The filing of information from
a power purchase agreement must be made within 30 days of the date of execution of
the agreement.
new text end

new text begin (b) Notwithstanding section 13.37, subdivision 2, the information required to be filed
under paragraph (a) is classified as public data.
new text end

new text begin (c) Notwithstanding section 325C.01, subdivision 3, the commission's treatment
of the information required to be filed under paragraph (a) as public data is not
misappropriation of a trade secret.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2010, section 216B.05, subdivision 3, is amended to read:

Subd. 3.

Public inspection.

Every public utility shall keep copies of the filings
under subdivisions 1, 2, deleted text begin and deleted text end 2a new text begin , and 2b new text end open to public inspection under rules as the
commission may prescribe.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2010, section 216B.169, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Local wind energy rate option. new text end

new text begin (a) Each utility shall offer its customers
one or more options allowing a customer to determine that a certain amount of electricity
generated or purchased on the customer's behalf is from wind energy conversion systems
that meet the following criteria:
new text end

new text begin (1) have a nameplate capacity of 25 megawatts or less, as determined by the
commissioner of commerce;
new text end

new text begin (2) are owned by Minnesota residents individually or as members of a Minnesota
limited liability company organized under chapter 322B and formed for the purpose of
developing the wind energy conversion system project;
new text end

new text begin (3) the term of a power purchase agreement extends at least 20 years; and
new text end

new text begin (4) the wind energy conversion system is located entirely within Minnesota.
new text end

new text begin (b) Each utility shall file a plan with the commission by October 1, 2011, to
implement paragraph (a).
new text end

new text begin (c) Each utility offering a rate under this subdivision shall advertise the offer with
each billing to customers.
new text end

new text begin (d) Rates charged to customers for energy acquired under this subdivision must be
calculated using the utility's cost of acquiring the energy for the customer and must be
distributed on a per-kilowatt hour basis among all customers who choose to participate
in the program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

new text begin [216B.2427] REQUIRED WIND PURCHASES.
new text end

new text begin Before December 31, 2012, or the date for completing construction of the
345-kilovolt transmission line extending from St. Cloud to Moorhead, Minnesota,
whichever is earlier, the utilities that own the transmission line shall sign purchase power
agreements that collectively commit the utilities to purchase at least 350 megawatts of
nameplate capacity of wind energy conversion system projects that meet the conditions
established in section 216B.169, subdivision 2a, paragraph (a), and, in addition, are
located within 75 miles of the transmission line.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end