Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 300-S.F.No. 2009 
                  An act relating to electric utilities; allowing the 
                  city of Willmar to enter into a joint venture with the 
                  Kandiyohi cooperative electric power association for 
                  the provision of electric power. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [JOINT VENTURE.] 
           Subdivision 1.  [AUTHORIZATION.] The city of Willmar is 
        authorized to allow the Willmar municipal utilities commission 
        to enter into a joint venture with the Kandiyohi cooperative 
        electric power association for the provision of utility services 
        within the boundaries of each utility's exclusive electric 
        service territory, as shown on the map of service territories 
        maintained by the department of public service.  The terms and 
        conditions of the joint venture are subject to ratification by 
        both the municipal utilities commission of the city of Willmar 
        and the board of the Kandiyohi cooperative electric power 
        association and may include the formation of a corporate entity 
        with an administrative and governance structure independent of 
        the two utilities.  A corporate entity formed under this section 
        shall be subject to all laws and rules applicable to municipal 
        utilities and cooperative electric associations.  
           Subd. 2.  [POWERS.] (a) The joint venture formed under this 
        section, if any, shall have such powers, privileges, 
        responsibilities, and duties of the separate utilities entering 
        into the joint venture as the joint venture agreement may 
        provide, except that, upon formation of the joint venture, 
        neither the joint venture nor the Willmar municipal utilities 
        commission shall have the power of eminent domain or the 
        authority under section 216B.44 to enlarge the service territory 
        served by the joint venture. 
           (b) Such powers include, but are not limited to, the 
        authority to: 
           (1) finance, own, construct, and operate facilities 
        necessary for the provision of electric power to wholesale or 
        retail customers, including generation, transmission, and 
        distribution facilities; 
           (2) combine service territories, in whole or in part, upon 
        notice and hearing to do so with the public utilities 
        commission; 
           (3) serve customers in the two utilities' service 
        territories or in the combined service territory; 
           (4) combine, share, or employ administrative, managerial, 
        operational, or other staff which combining or sharing will not 
        degrade safety, reliability, or customer service standards; 
           (5) provide for joint administrative functions, such as 
        meter reading and billing; 
           (6) purchase or sell power at wholesale for resale to 
        customers; 
           (7) provide energy conservation programs, other utility 
        programs, and public interest programs, such as cold weather 
        shutoff protection, and energy conservation spending programs as 
        required by law and rule; and 
           (8) participate as the parties deem necessary in the 
        provision of wholesale electric power with other municipal 
        utilities, rural electric cooperative utilities, investor-owned 
        utilities, or other entities, public or private. 
           Subd. 3.  [MONITOR AND REPORT.] The Kandiyohi cooperative 
        electric power association and the Willmar municipal utilities 
        commission shall monitor the progress and operation of the joint 
        venture, and shall issue a report to the public utilities 
        commission and legislative committees with jurisdiction over 
        utility regulation and operation outlining the progress of the 
        joint venture.  The report required by this subdivision must be 
        submitted not later than January 1, 1998. 
           Presented to the governor March 1, 1996 
           Signed by the governor March 4, 1996, 11:28 a.m.