Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 125-H.F.No. 359 
                  An act relating to utilities; authorizing public 
                  utilities commission to establish and delegate powers 
                  to subcommittees and to designate lead commissioners; 
                  allowing petitions to be deemed approved unless set 
                  aside for affirmative action by the commission; 
                  authorizing a quorum of the commission to discuss a 
                  docket without complying with certain statutory law 
                  when acting as an administrative court; amending 
                  Minnesota Statutes 1998, section 216A.03, by adding 
                  subdivisions. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 216A.03, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [FILINGS APPROVED WITHOUT HEARING.] A filing with 
        the commission may be deemed approved by the commission after 60 
        days of filing, unless the commission, a commissioner, or any 
        other person requests the filing be set aside for action by the 
        commission.  The commission may designate, by standing order, 
        categories or types of filings that are eligible for approval 
        under this subdivision.  Complaint filings, petitions for 
        rulemakings, or petitions to increase rates are not eligible for 
        designation.  The commission must publish a weekly notice of the 
        filings that are approved without other action by the 
        commission, and shall issue a written order approving the filing 
        upon passage of the 60-day term.  Orders approved under this 
        subdivision are subject to reconsideration, as provided in 
        section 216B.27 or the commission's rules of practice and 
        procedure, and nothing in this subdivision affects the rights of 
        any entity under section 216B.17 or 237.081. 
           Sec. 2.  Minnesota Statutes 1998, section 216A.03, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [DELEGATIONS TO COMMISSION SUBCOMMITTEES.] (a) 
        The commission may create and appoint members to standing or ad 
        hoc subcommittees of the commission consisting of at least one 
        commissioner.  The commission, at a regularly scheduled agenda 
        hearing, may delegate any of the commission's legislative, 
        administrative, or quasi-judicial functions, as defined in 
        section 216A.02, to a subcommittee of the commission. 
           (b) Upon objection by a party, a participant, or a 
        commissioner, a decision by a subcommittee must be referred to 
        the full commission.  Subcommittee decisions for which no 
        objection is filed with the commission within ten days from the 
        date of receipt of the written decision of the subcommittee are 
        deemed decisions of the full commission.  If referred to the 
        full commission, the full commission may rely on the record 
        developed by the subcommittee but shall treat the subcommittee 
        decision as advisory. 
           (c) In either their initial or reply filings with the 
        commission, a party or a participant may request that the 
        commission not delegate the proceeding to a commission 
        subcommittee.  The request must be granted. 
           (d) For the purposes of this subdivision:  
           (1) a "party" means a person by or against whom a 
        proceeding before the commission is commenced or a person 
        permitted to intervene in a proceeding under this chapter; and 
           (2) a "participant" means a person who files comments or 
        appears to present views without becoming a party in a 
        proceeding, other than public hearings held in contested cases 
        and other commission proceedings conducted to receive general 
        public comments. 
           Sec. 3.  Minnesota Statutes 1998, section 216A.03, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [DESIGNATION OF LEAD COMMISSIONER.] The 
        commission may designate a commissioner to be the lead 
        commissioner for a docket, a type of docket, or for a particular 
        subject area.  The commission shall allow interested persons to 
        be heard on a proposed designation prior to making the 
        designation.  The lead commissioner is authorized to exercise 
        the commission's authority to develop an evidentiary record for 
        a proceeding, including holding hearings and requesting written 
        or oral comments.  At the request of the commission, the lead 
        commissioner shall provide the commission and the service list 
        for the proceeding with a written summary of the evidentiary 
        record developed by the lead commissioner for the case, 
        including any recommendations of the commissioner.  Any findings 
        of fact, conclusions of law, or recommendations of the lead 
        commissioner are advisory only and are not binding on the 
        commission.  The commission may delegate its authority to 
        designate lead commissioners to the chair.  Nothing in this 
        subdivision affects a person's opportunity to request a 
        contested case proceeding under chapter 14. 
           Sec. 4.  [SUNSETS.] 
           Sections 1 to 3 expire as of June 30, 2002. 
           Sec. 5.  [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective the day following final 
        enactment. 
           Presented to the governor May 3, 1999 
           Became law without the governor's signature May 6, 1999