Minnesota Session Laws - 1995, Regular Session

                            CHAPTER 125-H.F.No. 354 
                  An act relating to utilities; allowing small gas 
                  utility franchises an exemption from rate regulation 
                  for incidental utility service; amending Minnesota 
                  Statutes 1994, section 216B.16, subdivision 12. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 216B.16, 
        subdivision 12, is amended to read: 
           Subd. 12.  [EXEMPTION FOR SMALL GAS UTILITY FRANCHISE.] (a) 
        A municipality may file with the commission a resolution of its 
        governing body requesting exemption from the provisions of this 
        section for a public utility that is under a franchise with the 
        municipality to supply natural, manufactured, or mixed gas and 
        that serves 650 or fewer customers in the municipality as long 
        as the public utility serves no more than a total of 2,000 
        customers.  
           (b) The commission shall grant an exemption from this 
        section for that portion of a public utility's business that is 
        requested by each municipality it serves.  Furthermore, the 
        commission shall also grant the public utility an exemption from 
        this section for any service provided outside of a 
        municipality's border that is considered by the commission to be 
        incidental.  The public utility shall file with the commission 
        and the department all initial and subsequent changes in rates, 
        tariffs, and contracts for service outside the municipality at 
        least 30 days in advance of implementation. 
           (c) However, the commission shall require the utility to 
        adopt the commission's policies and procedures governing 
        disconnection during cold weather.  The utility shall annually 
        submit a copy of its municipally approved rates to the 
        commission. 
           (d) In all cases covered by this subdivision in which an 
        exemption for service outside of a municipality is granted, the 
        commission may initiate an investigation under section 216B.17, 
        on its own motion or upon complaint from a customer. 
           (e) If a municipality files with the commission a 
        resolution of its governing body rescinding the request for 
        exemption, the commission shall regulate the public utility's 
        business in that municipality under this section. 
           Presented to the governor May 4, 1995 
           Signed by the governor May 5, 1995, 9:05 a.m.