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7853.0130 CRITERIA.

A certificate of need shall be granted to the applicant if it is determined that:

A.

the probable result of denial would adversely affect the future adequacy, reliability, or efficiency of energy supply to the applicant, to the applicant's customers, or to the people of Minnesota and neighboring states, considering:

(1)

the accuracy of the applicant's forecast of demand for the type of energy that would be supplied by the proposed facility;

(2)

the effects of the applicant's existing or expected conservation programs and state and federal conservation programs;

(3)

the effects of the applicant's promotional practices that may have given rise to the increase in the energy demand, particularly promotional practices that have occurred since 1974;

(4)

the ability of current facilities and planned facilities not requiring certificates of need, and to which the applicant has access, to meet the future demand; and

(5)

the effect of the proposed facility, or a suitable modification of it, in making efficient use of resources;

B.

a more reasonable and prudent alternative to the proposed facility has not been demonstrated by a preponderance of the evidence on the record by parties or persons other than the applicant, considering:

(1)

the appropriateness of the size, the type, and the timing of the proposed facility compared to those of reasonable alternatives;

(2)

the cost of the proposed facility and the cost of energy to be supplied by the proposed facility compared to the costs of reasonable alternatives and the cost of energy that would be supplied by reasonable alternatives;

(3)

the effect of the proposed facility upon the natural and socioeconomic environments compared to the effects of reasonable alternatives; and

(4)

the expected reliability of the proposed facility compared to the expected reliability of reasonable alternatives;

C.

the consequences to society of granting the certificate of need are more favorable than the consequences of denying the certificate, considering:

(1)

the relationship of the proposed facility, or a suitable modification of it, to overall state energy needs;

(2)

the effect of the proposed facility, or a suitable modification of it, upon the natural and socioeconomic environments compared to the effect of not building the facility;

(3)

the effects of the proposed facility or a suitable modification of it, in inducing future development; and

(4)

socially beneficial uses of the output of the proposed facility, or a suitable modification of it, including its uses to protect or enhance environmental quality; and

D.

it has not been demonstrated on the record that the design, construction, or operation of the proposed facility will fail to comply with those relevant policies, rules, and regulations of other state and federal agencies and local governments.

Statutory Authority:

MS s 216B.08; 216B.2421; 216B.243; 216C.10

History:

L 1983 c 289 s 115

Published Electronically:

November 14, 2003