Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 428-S.F.No. 1768
           An act relating to public utilities; amending the 
          definition of public utility; amending Minnesota 
          Statutes 1983 Supplement, section 216B.02, subdivision 
          4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, 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 (1) 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 or (2) a retail seller of compressed natural 
gas used as a vehicular fuel which purchases the gas from a 
public utility.  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 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 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 produces or furnishes service to less than 25 persons. 
    Approved April 23, 1984