Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 241-H.F.No. 1390 
           An act relating to utilities; providing for 
          representation of small business by attorney general 
          in certain proceedings relating to utility rates, 
          service, and other matters; amending Minnesota 
          Statutes 1986, section 8.33. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 8.33, is 
amended to read:  
    8.33 [REPRESENTATION OF CONSUMER AND SMALL BUSINESS 
INTEREST IN PUBLIC UTILITY MATTERS.] 
    Subdivision 1.  [DEFINITIONS.] For the purposes of this 
section, the following terms have the meanings given them: 
    (1) "Public utility" means a publicly or privately owned 
entity engaged in supplying utility services to residential 
utility consumers in this state or to another public utility for 
ultimate distribution to residential utility consumers in this 
state and whose rates or charges are subject to approval by the 
public utilities commission or an agency of the federal 
government.  No municipal or cooperative utility shall be 
considered a "public utility" for the purposes of this clause. 
    (2) "Residential and small business utility consumer" or 
"consumer" means a person who or small business that uses 
utility services at the person's residence or business location 
in this state and who is billed by or pays a public utility for 
these services.  Small business has the meaning given it in 
section 645.445. 
    (3) "Utility services" means electricity, natural gas, or 
telephone services distributed to residential utility consumers 
by a public utility. 
    Subd. 2.  [DUTIES.] The attorney general is responsible for 
representing and furthering the interests of residential and 
small business utility consumers through participation in 
matters before the public utilities commission involving utility 
rates and adequacy of utility services to residential or small 
business utility consumers.  The attorney general shall expend a 
reasonable portion of effort among all three kinds of utility 
services and shall identify and promote the needs of each class 
of residential and small business consumers with respect to each 
of the utility services. 
    Subd. 3.  [RIGHT OF INTERVENTION.] Subject to the 
limitations of subdivision 2, the attorney general may intervene 
as of right or participate as an interested party in matters 
pending before the public utilities commission which affect the 
distribution by a public utility of utility services to 
residential or small business utility consumers.  The right of 
the attorney general to participate or intervene does not affect 
the obligation of the public utilities commission to protect the 
public interest. 
    Subd. 4.  [NOTICE; PROCEDURES.] The public utilities 
commission shall give reasonable notice to the attorney general 
of any matter scheduled to come before the commission affecting 
a public utility's rates or adequacy of services to 
residential or small business utility consumers.  Rules of the 
commission governing procedures before the commission apply to 
the attorney general and the attorney general's employees or 
representatives.  The attorney general has the same rights and 
privileges accorded other intervenors or participants in matters 
pending before the commission. 
    Subd. 5.  [APPEALS.] The attorney general has an interest 
sufficient to maintain, intervene as of right in, or otherwise 
participate in any civil action in the courts of this state for 
the review or enforcement of any public utilities commission 
action which affects a public utility's rates or adequacy of 
service to residential or small business utility consumers. 
    Subd. 6.  [INTERVENTION IN FEDERAL PROCEEDINGS.] The 
attorney general shall represent and further the interests of 
residential and small business utility consumers through 
participation as an intervenor or interested party in federal 
proceedings relating to the regulation of:  (a) wholesale rates 
for energy delivered through interstate facilities; or (b) fuel 
used in generation of electricity or the manufacture of gas.  
The attorney general may maintain, intervene in, or otherwise 
participate in civil actions relating to the federal proceedings.
    Subd. 7.  [ADDITIONAL POWERS.] The power granted by this 
section is in addition to powers otherwise provided by law to 
the attorney general. 
    Approved May 26, 1987