2005 Minnesota Statutes

     216C.052 Reliability administrator. 

    Subdivision 1.    Responsibilities.  (a) There is 
 established the position of reliability administrator in the 
 Public Utilities Commission.  The administrator shall act as a 
 source of independent expertise and a technical advisor to the 
 commission and the public on issues related to the reliability 
 of the electric system.  In conducting its work, the 
 administrator shall provide assistance to the commission in 
 administering and implementing the commission's duties under 
 sections 116C.51 to 116C.69, 116C.691 to 116C.697, 216B.2422, 
 216B.2425, 216B.243; chapter 116I; and rules associated with 
 those sections.  Subject to resource constraints, the 
 reliability administrator may also: 

    (1) model and monitor the use and operation of the energy 
 infrastructure in the state, including generation facilities, 
 transmission lines, natural gas pipelines, and other energy 
 infrastructure; 

    (2) develop and present to the commission and parties 
 technical analyses of proposed infrastructure projects, and 
 provide technical advice to the commission; 

    (3) present independent, factual, expert, and technical 
 information on infrastructure proposals and reliability issues 
 at public meetings hosted by the task force, the Environmental 
 Quality Board, the department, or the commission. 

    (b) Upon request and subject to resource constraints, the 
 administrator shall provide technical assistance regarding 
 matters unrelated to applications for infrastructure 
 improvements to the task force, the department, or the 
 commission. 

    (c) The administrator may not advocate for any particular 
 outcome in a commission proceeding, but may give technical 
 advice to the commission as to the impact on the reliability of 
 the energy system of a particular project or projects.  

    Subd. 2.    Administrative issues.  (a) The commission 
 may select the administrator who shall serve for a four-year 
 term.  The administrator may not have been a party or a 
 participant in a commission energy proceeding for at least one 
 year prior to selection by the commission.  The commission shall 
 oversee and direct the work of the administrator, annually 
 review the expenses of the administrator, and annually approve 
 the budget of the administrator.  Pursuant to commission 
 approval, the administrator may hire staff and may contract for 
 technical expertise in performing duties when existing state 
 resources are required for other state responsibilities or when 
 special expertise is required.  The salary of the administrator 
 is governed by section 15A.0815, subdivision 2. 

    (b) Costs relating to a specific proceeding, analysis, or 
 project are not general administrative costs.  For purposes of 
 this section, "energy utility" means public utilities, 
 generation and transmission cooperative electric associations, 
 and municipal power agencies providing natural gas or electric 
 service in the state.  

    (c) The commission shall pay: 

    (1) the general administrative costs of the administrator, 
 not to exceed $1,000,000 in a fiscal year, and shall assess 
 energy utilities for those administrative costs.  These costs 
 must be consistent with the budget approved by the commission 
 under paragraph (a).  The commission shall apportion the costs 
 among all energy utilities in proportion to their respective 
 gross operating revenues from sales of gas or electric service 
 within the state during the last calendar year, and shall then 
 render a bill to each utility on a regular basis; and 

    (2) costs relating to a specific proceeding analysis or 
 project and shall render a bill to the specific energy utility 
 or utilities participating in the proceeding, analysis, or 
 project directly, either at the conclusion of a particular 
 proceeding, analysis, or project, or from time to time during 
 the course of the proceeding, analysis, or project. 

    (d) For purposes of administrative efficiency, the 
 commission shall assess energy utilities and issue bills in 
 accordance with the billing and assessment procedures provided 
 in section 216B.62, to the extent that these procedures do not 
 conflict with this subdivision.  The amount of the bills 
 rendered by the commission under paragraph (c) must be paid by 
 the energy utility into an account in the special revenue fund 
 in the state treasury within 30 days from the date of billing 
 and is appropriated to the commission for the purposes provided 
 in this section.  The commission shall approve or approve as 
 modified a rate schedule providing for the automatic adjustment 
 of charges to recover amounts paid by utilities under this 
 section.  All amounts assessed under this section are in 
 addition to amounts appropriated to the commission by other law. 

    Subd. 3.    Assessment and appropriation.  In addition 
 to the amount noted in subdivision 2, the commission may assess 
 utilities, using the mechanism specified in that subdivision, up 
 to an additional $500,000 annually through June 30, 2006.  The 
 amounts assessed under this subdivision are appropriated to the 
 commission, and some or all of the amounts assessed may be 
 transferred to the commissioner of administration, for the 
 purposes specified in section 16B.325 and Laws 2001, chapter 
 212, article 1, section 3, as needed to implement those sections.

    Subd. 4.    Expiration.  This section expires June 30, 
 2007. 

    HIST: 2001 c 212 art 8 s 10,18; 2002 c 398 s 5; 1Sp2003 c 11 
 art 3 s 10,11; 2005 c 97 art 3 s 16