1999 Minnesota Statutes

     216B.02 Definitions. 

    Subdivision 1.    Scope.  For the purposes of Laws 1974, 
 chapter 429 the terms defined in this section have the meanings 
 given them. 

    Subd. 2.    Corporation.  "Corporation" means a private 
 corporation, a public corporation, a municipality, an 
 association, a cooperative whether incorporated or not, a joint 
 stock association, a business trust, or any political 
 subdivision or agency. 

    Subd. 3.    Person.  "Person" means a natural person, a 
 partnership, or two or more persons having a joint or common 
 interest, and a corporation as hereinbefore defined. 

    Subd. 4.    Public utility.  "Public utility" means 
 persons, corporations or other legal entities, their lessees, 
 trustees, and receivers, now or hereafter operating, 
 maintaining, or controlling in this state equipment or 
 facilities for furnishing at retail natural, manufactured or 
 mixed gas or electric service to or for the public or engaged in 
 the production and retail sale thereof but does not include (1) 
 a municipality or a cooperative electric association, organized 
 under the provisions of chapter 308A producing or furnishing 
 natural, manufactured or mixed gas or electric service or (2) a 
 retail seller of compressed natural gas used as a vehicular fuel 
 which purchases the gas from a public utility.  Except as 
 otherwise provided, the provisions of this chapter shall not be 
 applicable to any sale of natural, manufactured or mixed gas or 
 electricity by a public utility to another public utility for 
 resale.  In addition, the provisions of this chapter shall not 
 apply to a public utility whose total natural gas business 
 consists of supplying natural, manufactured or mixed gas to not 
 more than 650 customers within a city pursuant to a franchise 
 granted by the city, provided a resolution of the city council 
 requesting exemption from regulation is filed with the 
 commission.  The city council may rescind the resolution 
 requesting exemption at any time, and, upon the filing of the 
 rescinding resolution with the commission, the provisions of 
 this chapter shall apply to the public utility.  No person shall 
 be deemed to be a public utility if it furnishes its services 
 only to tenants or cooperative or condominium owners in 
 buildings owned, leased, or operated by such person.  No person 
 shall be deemed to be a public utility if it furnishes service 
 to occupants of a manufactured home or trailer park owned, 
 leased, or operated by such person.  No person shall be deemed 
 to be a public utility if it produces or furnishes service to 
 less than 25 persons. 

    Subd. 5.    Rate.  "Rate" means every compensation, 
 charge, fare, toll, tariff, rental and classification, or any of 
 them, demanded, observed, charged, or collected by any public 
 utility for any service and any rules, practices, or contracts 
 affecting any such compensation, charge, fare, toll, rental, 
 tariff, or classification. 

    Subd. 6.    Service.  "Service" means natural, 
 manufactured or mixed gas and electricity; the installation, 
 removal, or repair of equipment or facilities for delivering or 
 measuring such gas and electricity. 

    Subd. 6a.    Submetering.  "Submetering" means 
 measuring, by a building's owner, through mechanical or 
 electronic devices, the use of electricity by occupants in 
 multiple-unit residential or commercial buildings to fairly 
 apportion the entire electrical costs for the building among its 
 occupants.  

    Subd. 7.    Commission.  "Commission" means the public 
 utilities commission of the department of public service. 

    Subd. 8.    Department.  "Department" means the 
 department of public service of the state of Minnesota. 

    Subd. 9.    Municipality.  "Municipality" means any city 
 however organized. 

    HIST: 1974 c 429 s 2; 1978 c 795 s 2; 1980 c 614 s 123; 1981 c 
 17 s 1; 1981 c 144 s 1; 1981 c 365 s 9; 1983 c 366 s 1,2; 1984 c 
 428 s 1; 1985 c 248 s 70; 1989 c 356 s 9