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Subpart 1.


Based upon the record, which is the information filed with the commission in the resource plan proceeding of a utility, including responses to information requests, the commission shall issue a decision consisting of findings of fact and conclusions on the utility's proposed resource plan and the alternative resource plans. If the commission determines there is insufficient information upon which to issue findings and conclusions, it may delay issuing its decision to permit production of the desired type and level of information.

Subp. 2.

Preferred plan.

If the commission concludes that a set of resource options would be optimal, considering the desirable attributes listed in subpart 3, it may identify that set of resource options as a preferred resource plan. A preferred resource plan need not have been specifically proposed or advocated by the utility, an intervening party, or other interested person.

Subp. 3.

Factors to consider.

In issuing its findings of fact and conclusions, the commission shall consider the characteristics of the available resource options and of the proposed plan as a whole. Resource options and resource plans must be evaluated on their ability to:


maintain or improve the adequacy and reliability of utility service;


keep the customers' bills and the utility's rates as low as practicable, given regulatory and other constraints;


minimize adverse socioeconomic effects and adverse effects upon the environment;


enhance the utility's ability to respond to changes in the financial, social, and technological factors affecting its operations; and


limit the risk of adverse effects on the utility and its customers from financial, social, and technological factors that the utility cannot control.

Subp. 4.

Issues requiring further consideration.

In its decision, the commission may direct the utility to provide in its next resource plan filing a discussion of specified issues. The issues may include those not totally resolved in the current proceeding and those for which the state of knowledge is changing substantially between resource plan filings.

Subp. 5.

Changed circumstances affecting resource plans.

The utility shall inform the commission and other parties to the last resource plan proceeding of changed circumstances that may significantly influence the selection of resource plans. Upon receiving notice of changed circumstances, the commission shall consider whether additional administrative proceedings are necessary before the utility's next regularly scheduled resource plan proceeding.

Subp. 6.

Authority of other agencies.

Issuance of a resource plan decision by the commission does not limit the statutory authority of other agencies in their regulatory responsibilities.

Statutory Authority:

MS s 216B.03; 216B.08; 216B.09; 216B.13; 216B.16; 216B.24; 216B.33; 216C.05


15 SR 336

Published Electronically:

January 20, 2005

Official Publication of the State of Minnesota
Revisor of Statutes