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Subpart 1.

Application for emergency permit.

Any utility whose electric power system requires the immediate construction of a large electric power generating plant or high voltage transmission line due to a major unforeseen event may apply to the commission for an emergency permit. The application must contain the following information:


a description of the proposed large electric power generating plant or high voltage transmission line;


an explanation of the major unforeseen event causing the emergency situation;


a discussion of the anticipated impacts on the electric system if the proposed facility is not approved within 195 days;


a copy of the written notification to the Public Utilities Commission of the major unforeseen event and the need for immediate construction; and


as much of the information required under part 7850.1900 as the utility has available.

Subp. 2.

Public hearing.

The PUC shall hold a public hearing on the application for an emergency permit. The hearing must be held within 90 days after the application is submitted. The hearing must be held in accordance with part 7850.3800.

Subp. 3.

Final decision.

The commission shall make a final decision on an emergency permit within 195 days after the commission's acceptance of the application. The board shall grant the emergency permit if it finds the following:


a demonstrable emergency exists;


the emergency requires immediate construction;


adherence to the procedures and time schedules specified in Minnesota Statutes, section 216E.03, would jeopardize the utility's electric power system or the utility's ability to meet the electric needs of its customers in an orderly and timely manner;


the utility will implement mitigating measures to minimize the human and environmental impacts of the facility; and


the utility will carry out the project in an expeditious manner consistent with the emergency.

Subp. 4.

Permit conditions.

The commission may impose reasonable conditions in an emergency permit.

Subp. 5.

Permit fee.

The applicant for an emergency permit shall pay the same fee as would be required for a regular permit for the same project.

Statutory Authority:

MS s 116C.66; 216E.16


27 SR 1295; L 2005 c 97 art 3 s 19

Published Electronically:

September 18, 2009

Official Publication of the State of Minnesota
Revisor of Statutes