Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 366--S.F.No. 911
           An act relating to utilities; specifying the 
          commission's authority over the availability of 
          submetering; amending Minnesota Statutes 1982, section 
          216B.02, subdivision 4, and by adding a subdivision; 
          proposing new law coded in Minnesota Statutes, chapter 
          216B. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 216B.02, 
subdivision 4, is amended to read: 
    Subd. 4.  "Public utility" means persons, corporations or 
other legal entities, their lessees, trustees, and receivers, 
now or hereafter operating, maintaining, or controlling in this 
state equipment or facilities for furnishing at retail natural, 
manufactured or mixed gas or electric service to or for the 
public or engaged in the production and retail sale thereof but 
does not include a municipality or a cooperative electric 
association, organized under the provisions of chapter 308 
producing or furnishing natural, manufactured or mixed gas or 
electric service.  Except as otherwise provided, the provisions 
of this chapter shall not be applicable to any sale of natural, 
manufactured or mixed gas or electricity by a public utility to 
another public utility for resale.  In addition, the provisions 
of this chapter shall not apply to a public utility whose total 
natural gas business consists of supplying natural, manufactured 
or mixed gas to not more than 650 customers within a city 
pursuant to a franchise granted by the city, provided a 
resolution of the city council requesting exemption from 
regulation is filed with the commission.  The city council may 
rescind the resolution requesting exemption at any time, and, 
upon the filing of the rescinding resolution with the 
commission, the provisions of this chapter shall apply to the 
public utility.  No person shall be deemed to be a public 
utility if it presently furnishes its services only to tenants 
or cooperative or condominium owners in buildings owned, leased 
or operated by such person.  No person shall be deemed to be a 
public utility if it presently furnishes service to occupants of 
a manufactured home or trailer park owned, leased, or operated 
by such person.  No person shall be deemed to be a public 
utility if it presently produces or furnishes service to less 
than 25 persons. 
    Sec. 2.  Minnesota Statutes 1982, section 216B.02, is 
amended by adding a subdivision to read: 
    Subd. 6a.  "Submetering" means measuring, by a building's 
owner, through mechanical or electronic devices, the use of 
electricity by occupants in multiple-unit residential or 
commercial buildings to fairly apportion the entire electrical 
costs for the building among its occupants.  
    Sec. 3.  [216B.022] [SUBMETERING.] 
    Nothing in this chapter grants the commission or a public 
utility the authority to limit the availability of submetering 
to a building occupant when the building is served by a public 
utility's master meter which measures the total electric energy 
delivered to the building.  
    Approved June 14, 1983