Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 198-H.F.No. 704 
                  An act relating to utilities; exempting large electric 
                  power generating plant from certificate of need 
                  proceeding when selected by public utilities 
                  commission from a bidding process to select resources 
                  to meet utility's projected energy demand; amending 
                  Minnesota Statutes 1996, section 216B.2422, 
                  subdivision 5. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 216B.2422, 
        subdivision 5, is amended to read: 
           Subd. 5.  [BIDDING; EXEMPTION FROM CERTIFICATE OF NEED 
        PROCEEDING.] (a) A utility may select resources to meet its 
        projected energy demand through a bidding process approved or 
        established by the commission.  A utility shall use the 
        environmental cost estimates determined under subdivision 3 in 
        evaluating bids submitted in a process established under this 
        subdivision. 
           (b) Notwithstanding any other provision of this section, if 
        an electric power generating plant, as described in section 
        216B.2421, subdivision 2, paragraph (a), is selected in a 
        bidding process approved or established by the commission, a 
        certificate of need proceeding under section 216B.243 is not 
        required. 
           (c) A certificate of need proceeding is also not required 
        for an electric power generating plant that has been selected in 
        a bidding process approved or established by the commission, or 
        such other selection process approved by the commission, to 
        satisfy, in whole or in part, the wind power mandate of section 
        216B.2423 or the biomass mandate of section 216B.2424. 
           Presented to the governor May 19, 1997 
           Signed by the governor May 20, 1997, 10:25 a.m.