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Minnesota Legislature

Office of the Revisor of Statutes

7829.0100 DEFINITIONS.

Subpart 1.

Scope.

The terms used in this chapter have the meanings given them in this part.

Subp. 2.

Classification petition.

"Classification petition" means a petition filed by a telephone company to classify a telephone service as subject to emerging or effective competition under Minnesota Statutes, section 237.59.

Subp. 3.

Commission.

"Commission" means the Minnesota Public Utilities Commission.

Subp. 4.

Complainant.

"Complainant" means a person who complains formally or informally of an alleged violation of a statute or rule within the commission's jurisdiction, a utility tariff, or a commission order.

Subp. 5.

[Repealed, 40 SR 1329]

Subp. 6.

Department.

"Department" means the Minnesota Department of Commerce.

Subp. 7.

Expedited proceeding.

"Expedited proceeding" means an informal proceeding described in Minnesota Statutes, section 237.61, and subject to specific procedural requirements such as verification of pleadings.

Subp. 8.

Informal proceeding.

"Informal proceeding" means a proceeding that addresses and resolves issues of public policy, fact, or law without a formal contested case proceeding before the Office of Administrative Hearings.

Subp. 9.

Intervenor.

"Intervenor" means a person permitted to intervene as a party in a proceeding under this chapter.

Subp. 10.

[Repealed, 40 SR 1329]

Subp. 11.

Miscellaneous filing.

"Miscellaneous filing" means a request or notice that does not require determination of a utility's revenue requirement.

A miscellaneous filing includes a filing involving a new service offering; a change in a utility's rates, services, terms, or conditions of service; a change in a utility's corporate structure, assigned service area, or capital structure, when conducted separately from a general rate proceeding; filings made under the rules governing automatic adjustment of charges in chapter 7825; or any related matter.

The inclusion of a particular type of filing in this list does not require a filing that would not otherwise be required or confer jurisdiction that would not otherwise be present.

Subp. 11a.

Motion filing.

"Motion filing" means a written request for specific commission action by a party within the context of an existing commission docket. This does not include recommendations for action made in comments, or in motions made during a proceeding before an administrative law judge.

Subp. 12.

Municipality.

"Municipality" includes a town, statutory city, and home rule charter city.

Subp. 13.

Participant.

"Participant" means a person who files comments or appears in a proceeding, other than public hearings held in contested cases and other commission proceedings conducted to receive general public comments, to present views without becoming a party.

Subp. 14.

Party.

"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. A party to a proceeding is styled a "petitioner," "complainant," "intervenor," or "respondent," according to the nature of the proceeding and the relationship of the party to the proceeding.

Subp. 15.

Person.

"Person" means a natural person, corporation, municipal corporation, public corporation, utility, governmental entity, government agency, association, partnership, receiver, joint venture, trustee at common law or statutory trust guardian, or executor.

Subp. 16.

Petitioner.

"Petitioner" means a person who requests the commission's permission, authorization, or approval or a person who notifies the commission of a proposed change in a rate, service, or term or condition of service.

Subp. 17.

[Repealed, 40 SR 1329]

Subp. 18.

Proceeding.

"Proceeding" means a formal or informal undertaking of the commission, in which it seeks to resolve a question or issue taken up on its own motion or presented to it in a complaint, petition, or notice of a proposed change in a rate, service, or term or condition of service.

Subp. 19.

Proof of service.

"Proof of service" means a certificate of service stating the facts of service, including the time and manner of service and the parties served.

Subp. 19a.

Protected data.

"Protected data" means data filed with the commission that is either:

A.

not public data or private data on individuals under the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13; or

B.

data that is protected from disclosure pursuant to the rules of privilege recognized by law.

Subp. 20.

[Repealed, 40 SR 1329]

Subp. 20a.

Qualified complainant.

"Qualified complainant" means a person authorized by law to make a formal complaint to the commission.

Subp. 21.

Respondent.

"Respondent" means a person against whom a complaint is filed or against whom an investigation or other proceeding on commission motion is addressed.

Subp. 22.

Suspend.

"Suspend" means to hold in abeyance or to delay the effective date of.

Subp. 23.

Utility.

"Utility" means a gas or electric service provider, or a telephone utility under part 7810.0100, subpart 37.

Statutory Authority:

MS s 216A.05

History:

19 SR 116; L 2001 1Sp4 art 6 s 1; 40 SR 1329

Published Electronically:

June 14, 2016