1.1 	A bill for an act
1.2 	relating to utilities; regulating electric
1.3 	transmission companies; making clarifying changes;
1.4 	amending Minnesota Statutes 2004, sections 216B.02, by
1.5 	adding a subdivision; 216B.2425, subdivisions 2, 7;
1.6 	216B.50, subdivision 1; 216B.62, by adding a
1.7 	subdivision; 216B.79.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 216B.02, is
1.10 	amended by adding a subdivision to read:
1.11 		Subd. 10.Transmission company. "Transmission company"
1.12 	means persons, corporations, or other legal entities and their
1.13 	lessees, trustees, and receivers, now or hereafter engaged in
1.14 	the business of operating, maintaining, or controlling in this
1.15 	state equipment or facilities for furnishing electric
1.16 	transmission service in Minnesota, but does not include public
1.17 	utilities, municipal electric utilities, municipal power
1.18 	agencies, cooperative electric associations, or generation and
1.19 	transmission cooperative power associations.

1.20 	Sec. 2. Minnesota Statutes 2004, section 216B.2425,
1.21 	subdivision 2, is amended to read:
1.22 		Subd. 2.List development; transmission projects report.
 1.23 	(a) By November 1 of each odd-numbered year, ~~each~~ a transmission
1.24 	projects report must be submitted to the commission by each
1.25 	utility, organization, or company that:
1.26 	(1) is a public utility, a municipal utility, ~~and~~ a 
2.1 	cooperative electric association, ~~or~~ the generation and
2.2 	transmission organization that serves each utility or
2.3 	association, ~~that~~ or a transmission company; and 
2.4 	(2) owns or operates electric transmission lines in
2.5 	Minnesota ~~shall~~ .
2.6 	(b) The report may be submitted jointly or
2.7 	individually ~~submit a transmission projects report~~ to the
2.8 	commission.
2.9 	(c) The report must:
2.10 	(1) list specific present and reasonably foreseeable future
2.11 	inadequacies in the transmission system in Minnesota;
2.12 	(2) identify alternative means of addressing each
2.13 	inadequacy listed;
2.14 	(3) identify general economic, environmental, and social
2.15 	issues associated with each alternative; and
2.16 	(4) provide a summary of public input ~~the utilities and~~
2.17 	~~associations have gathered~~ related to the list of inadequacies
2.18 	and the role of local government officials and other interested
2.19 	persons in assisting to develop the list and analyze
2.20 	alternatives.
2.21 	~~(b)~~ (d) To meet the requirements of this subdivision,
2.22 	~~entities~~ reporting parties may rely on available information and
2.23 	analysis developed by a regional transmission organization or
2.24 	any subgroup of a regional transmission organization and may
2.25 	develop and include additional information as necessary.

2.26 	Sec. 3. Minnesota Statutes 2004, section 216B.2425,
2.27 	subdivision 7, is amended to read:
2.28 		Subd. 7.Transmission needed to support renewable
2.29 	resources. ~~Each entity~~ Any person subject to this section shall
2.30 	determine necessary transmission upgrades to support development
2.31 	of renewable energy resources required to meet objectives under
2.32 	section 216B.1691 and shall include those upgrades in its report
2.33 	under subdivision 2.

2.34 	Sec. 4. Minnesota Statutes 2004, section 216B.50,
2.35 	subdivision 1, is amended to read:
2.36 		Subdivision 1.Commission approval required.  No public
3.1 	utility shall sell, acquire, lease, or rent any plant as an
3.2 	operating unit or system in this state for a total consideration
3.3 	in excess of $100,000, or merge or consolidate with another
3.4 	public utility or transmission company operating in this state,
3.5 	without first being authorized so to do by the commission.  Upon
3.6 	the filing of an application for the approval and consent of the
3.7 	commission ~~thereto~~ ,the commission shall investigate, with or
3.8 	without public hearing~~, and in case of~~ .  The commission may
3.9 	elect to hold a public hearing, upon such notice as the
3.10 	commission may require~~, and if it shall find~~ .  If the commission
3.11 	finds that the proposed action is consistent with the public
3.12 	interest,it shall give its consent and approval by order in
3.13 	writing.  In reaching its determination,the commission shall
3.14 	take into consideration the reasonable value of the property,
3.15 	plant, or securities to be acquired or disposed of, or merged
3.16 	and consolidated. ~~The provisions of~~ 
3.17 	This section ~~shall~~ does not ~~be construed as~~
3.18 	~~applicable~~ apply to the purchase of ~~units of~~ property ~~for~~
3.19 	~~replacement or to the addition~~ to replace or add to the plant of
3.20 	the public utility by construction.

3.21 	Sec. 5. Minnesota Statutes 2004, section 216B.62, is
3.22 	amended by adding a subdivision to read:
3.23 		Subd. 5a.Assessing transmission companies. The
3.24 	commission and department may charge transmission companies
3.25 	their proportionate share of the expenses incurred in the review
3.26 	and disposition of proceedings under sections 216B.2425,
3.27 	216B.243, 216B.50, and 216B.79.  A transmission company is not
3.28 	liable for costs and expenses in a calendar year in excess of
3.29 	the limitation on costs that may be assessed against public
3.30 	utilities under subdivision 2.  A transmission company may
3.31 	object to and appeal bills of the commission and department as
3.32 	provided in subdivision 4.

3.33 	Sec. 6. Minnesota Statutes 2004, section 216B.79, is
3.34 	amended to read:
3.35 	216B.79 PREVENTATIVE MAINTENANCE.
3.36 	The commission may order public utilities to make adequate
4.1 	infrastructure investments and undertake sufficient preventative
4.2 	maintenance with regard to generation, transmission, and
4.3 	distribution facilities. The commission's authority under this
4.4 	section also applies to any transmission company that owns or
4.5 	operates electric transmission lines in Minnesota.