Minnesota Session Laws
language to be deleted (2) new language
CHAPTER 179--S.F.No. 1815
relating to energy; establishing rights of incumbent transmission line
owners regarding certain federally approved transmission lines;proposing
coding for new law in Minnesota Statutes, chapter 216B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [216B.246] FEDERALLY APPROVED TRANSMISSION LINES;
INCUMBENT TRANSMISSION LINEOWNER RIGHTS.
Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
(b) "Electric transmission line" means a high-voltage transmission line with a
capacity of 100 kilovolts or more and associated transmission facilities.
(c) "Incumbent electric transmission owner" means any public utility that owns,
operates, and maintains an electric transmission line in this state; any generation and
transmission cooperative electric association; any municipal power agency; any power
district; any municipal utility; or any transmission company as defined under section
216B.02, subdivision 10.
Subd. 2. Incumbent electric transmission owner rights. An incumbent electric
transmission owner has the right to construct, own, and maintain an electric transmission
line that has been approved for construction in a federally registered planning authority
transmission plan and connects to facilities owned by that incumbent electric transmission
owner. The right to construct, own, and maintain an electric transmission line that
connects to facilities owned by two or more incumbent electric transmission owners
belongs individually and proportionally to each incumbent electric transmission owner,
unless otherwise agreed upon in writing. This section does not limit the right of any
incumbent electric transmission owner to construct, own, and maintain any transmission
equipment or facilities that have a capacity of less than 100 kilovolts.
Subd. 3. Commission procedure. (a) If an electric transmission line has been
approved for construction in a federally registered planning authority transmission plan,
the incumbent electric transmission owner, or owners if there is more than one owner,
shall give notice to the commission, in writing, within 90 days of approval, regarding its
intent to construct, own, and maintain the electric transmission line. If an incumbent
electric transmission owner gives notice of intent to build the electric transmission line
then, unless exempt from the requirements of section 216B.243, within 18 months from
the date of the notice described in this paragraph or such longer time approved by the
commission, the incumbent electric transmission owner shall file an application for a
certificate of need under section 216B.243 or certification under section 216B.2425.
(b) If the incumbent electric transmission owner indicates that it does not intend to
build the transmission line, such notice shall fully explain the basis for that decision. If the
incumbent electric transmission owner, or owners, gives notice of intent not to build the
electric transmission line, then the commission may determine whether the incumbent
electric transmission owner or other entity will build the electric transmission line, taking
into consideration issues such as cost, efficiency, reliability, and other factors identified
in this chapter.
Presented to the governor April 16, 2012
Signed by the governor April 18, 2012, 01:45 p.m.
Copyright © 2012 by the Office of the Revisor of Statutes, State of Minnesota. All rights reserved.