Key: (1) language to be deleted (2) new language
Laws of Minnesota 1989 CHAPTER 309-S.F.No. 631 An act relating to electric utilities; service areas; establishing a task force to study issues relating to service area boundary changes; authorizing the public utilities commission to assess costs associated with the study; appropriating money. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [STUDY; ELECTRIC UTILITY SERVICE AREAS.] Subdivision 1. [TASK FORCE.] A task force consisting of five members of the house of representatives appointed by the speaker of the house, five members of the senate appointed by the subcommittee on committees of the committee on rules and administration, the chair of the public utilities commission or the chair's designate, and the commissioner of public service or the commissioner's designate shall study issues relating to changes in boundaries of electric utility service areas and shall report its findings and recommendations to the legislature by February 1, 1990. At least one member from each house of the legislature must be a member of the minority caucus. Subd. 2. [DEFINITION.] For purposes of this section, "electric utility" or "utility" means a wholesale or retail cooperative electric association and a municipal electric utility as well as a public utility regulated under Minnesota Statutes, chapter 216B. Subd. 3. [STUDY.] The study must address all issues relating to the setting and changing of service area boundaries, including, but not limited to: (1) the extent, if any, to which rates within service areas should be a factor in determining or changing service area boundaries; (2) why and how excess capacity occurs and whether it should be reduced through short-term or long-term sale or lease, permanent sale of capacity, or other means; (3) the extent, if any, to which excess capacity of a utility and the need of another utility for additional power should be a factor in determining or changing service areas; (4) the effect on rates, and on the potential for equalization of rates among utilities, of capacity-reduction options; (5) plant efficiency, including operating efficiency and operating costs, management practices, and the impact of any federal regulation or oversight; (6) the impact on economic development; (7) rate-making policies and procedures; and (8) municipal authority and the relationship between service area boundaries and municipal boundaries. Subd. 4. [AGENCY, UTILITY COOPERATION.] The public utilities commission and the department of public service shall cooperate with the task force. Utilities shall furnish information, including access to their financial and other records, to the task force, the public utilities commission, or the department of public service upon request. Subd. 5. [STAFF.] The task force shall use legislative staff, and the public utilities commission and department of public service shall make staff available to assist the task force. Subd. 6. [CONSULTANTS; ASSESSMENT OF COSTS.] The public utilities commission may employ the services of consultants to assist the task force and may assess the costs associated with the task force study, but not more than $200,000, to the affected utilities in proportion to their gross operating revenues. The commission shall use the proceeds of any assessment under this subdivision to cover its own costs and those incurred by the department of public service, including costs associated with providing staff assistance to the task force. Subd. 7. [SUBPOENA POWER.] The task force may request the issuance of subpoenas, including subpoenas duces tecum, in the same manner as a standing or interim committee under Minnesota Statutes, section 3.153. A subpoena requested by the task force may be issued by either the chief clerk of the house of representatives or the secretary of the senate. Service and enforcement of a subpoena is governed by section 3.153. Sec. 2. [APPROPRIATION.] Assessments collected under section 1, subdivision 6, are appropriated to the public utilities commission to cover the costs associated with the task force study required by section 1. The money is available until March 1, 1990. Any money from assessments unexpended on that date remains in the general fund. Sec. 3. [EFFECTIVE DATE.] Section 1 is effective the day following final enactment. Section 2 is effective July 1, 1989. Presented to the governor May 30, 1989 Signed by the governor June 1, 1989, 10:47 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes