1.1                          A bill for an act 
  1.2             relating to utilities; exempting large electric power 
  1.3             generating plant from certificate of need proceeding 
  1.4             when selected by public utilities commission from a 
  1.5             bidding process to select resources to meet utility's 
  1.6             projected energy demand; amending Minnesota Statutes 
  1.7             1996, section 216B.2422, subdivision 5. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 216B.2422, 
  1.10  subdivision 5, is amended to read: 
  1.11     Subd. 5.  [BIDDING; EXEMPTION FROM CERTIFICATE OF NEED 
  1.12  PROCEEDING.] (a) A utility may select resources to meet its 
  1.13  projected energy demand through a bidding process approved or 
  1.14  established by the commission.  A utility shall use the 
  1.15  environmental cost estimates determined under subdivision 3 in 
  1.16  evaluating bids submitted in a process established under this 
  1.17  subdivision. 
  1.18     (b) Notwithstanding any other provision of this section, if 
  1.19  an electric power generating plant, as described in section 
  1.20  216B.2421, subdivision 2, paragraph (a), is selected in a 
  1.21  bidding process approved or established by the commission, a 
  1.22  certificate of need proceeding under section 216B.243 is not 
  1.23  required. 
  1.24     (c) A certificate of need proceeding is also not required 
  1.25  for an electric power generating plant that has been selected in 
  1.26  a bidding process approved or established by the commission, or 
  2.1   such other selection process approved by the commission, to 
  2.2   satisfy, in whole or in part, the wind power mandate of section 
  2.3   216B.2423 or the biomass mandate of section 216B.2424. 
  2.4      (d) In approving or establishing a competitive bidding 
  2.5   process under this subdivision, the commission shall provide for 
  2.6   reasonable public scrutiny of the bidding process and its 
  2.7   results.