Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 190-S.F.No. 1087 
           An act relating to utilities; providing for 
          determination by public utilities commission of 
          competitive rate filings; amending Minnesota Statutes 
          1992, section 216B.162, subdivision 7. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 216B.162, 
subdivision 7, is amended to read: 
    Subd. 7.  [COMMISSION DETERMINATION.] Except as provided 
under subdivision 6, competitive rates offered by electric 
utilities under this section must be filed with the commission 
and must be approved, modified, or rejected by the commission 
within 90 days.  The utility's filing must include statements of 
fact demonstrating that the proposed rates meet the standards of 
this subdivision.  The filing must be served on the department 
of public service and the office of the attorney general at the 
same time as it is served on the commission.  In reviewing a 
specific rate proposal, the commission shall determine: 
    (1) that the rate meets the terms and conditions in 
subdivision 4, unless the commission determines that waiver of 
one or more terms and conditions would be in the public 
interest; 
    (2) that the consumer can obtain its energy requirements 
from an energy supplier not rate-regulated by the commission 
under section 216B.16; 
    (3) that the customer is not likely to take service from 
the electric utility seeking to offer the competitive rate if 
the customer was charged the electric utility's standard 
tariffed rate; and 
    (4) that after consideration of environmental and 
socioeconomic impacts it is in the best interest of all other 
customers to offer the competitive rate to the customer subject 
to effective competition. 
    If the commission approves the competitive rate, it becomes 
effective as agreed to by the electric utility and the 
customer.  If the competitive rate is modified by the 
commission, the commission shall issue an order modifying the 
competitive rate subject to the approval of the electric utility 
and the customer.  Each party has ten days in which to reject 
the proposed modification.  If no party rejects the proposed 
modification, the commissioner's order becomes final.  If either 
party rejects the commission's proposed modification, the 
electric utility, on its behalf or on the behalf of the 
customer, may submit to the commission a modified version of the 
commission's proposal.  The commission shall accept or reject 
the modified version within 30 days.  If the commission rejects 
the competitive rate, it shall issue an order indicating the 
reasons for the rejection. 
    Presented to the governor May 12, 1993 
    Signed by the governor May 14, 1993, 10:07 p.m.