2007 Minnesota Statutes

216B.62 REGULATORY EXPENSES.
    Subdivision 1.[Repealed, 1980 c 614 s 191]
    Subd. 2. Assessing specific utility. Whenever the commission or department, in a proceeding
upon its own motion, on complaint, or upon an application to it, shall deem it necessary, in
order to carry out the duties imposed under this chapter and section 216A.085 (1) to investigate
the books, accounts, practices, and activities of, or make appraisals of the property of, any
public utility, (2) to render any engineering or accounting services to any public utility, or
(3) to intervene before an energy regulatory agency, the public utility shall pay the expenses
reasonably attributable to the investigation, appraisal, service, or intervention. The commission
and department shall ascertain the expenses, and the department shall render a bill therefor to the
public utility, either at the conclusion of the investigation, appraisal, or services, or from time to
time during its progress, which bill shall constitute notice of the assessment and a demand for
payment. The amount of the bills so rendered by the department shall be paid by the public utility
into the state treasury within 30 days from the date of rendition. The total amount, in any one
calendar year, for which any public utility shall become liable, by reason of costs incurred by
the commission within that calendar year, shall not exceed two-fifths of one percent of the gross
operating revenue from retail sales of gas, or electric service by the public utility within the state
in the last preceding calendar year. Where, pursuant to this subdivision, costs are incurred within
any calendar year which are in excess of two-fifths of one percent of the gross operating revenues,
the excess costs shall not be chargeable as part of the remainder under subdivision 3, but shall be
paid out of the general appropriation to the department and commission. In the case of public
utilities offering more than one public utility service only the gross operating revenues from the
public utility service in connection with which the investigation is being conducted shall be
considered when determining this limitation.
    Subd. 3. Assessing all public utilities. The department and commission shall quarterly,
at least 30 days before the start of each quarter, estimate the total of their expenditures in the
performance of their duties relating to (1) public utilities under section 216A.085, sections
216B.01 to 216B.67, other than amounts chargeable to public utilities under subdivision 2 or 6,
and (2) alternative energy engineering activity under section 216C.261. The remainder, except
the amount assessed against cooperatives and municipalities for alternative energy engineering
activity under subdivision 5, shall be assessed by the commission and department to the several
public utilities in proportion to their respective gross operating revenues from retail sales of gas or
electric service within the state during the last calendar year. The assessment shall be paid into the
state treasury within 30 days after the bill has been transmitted via mail, personal delivery, or
electronic service to the several public utilities, which shall constitute notice of the assessment and
demand of payment thereof. The total amount which may be assessed to the public utilities, under
authority of this subdivision, shall not exceed one-sixth of one percent of the total gross operating
revenues of the public utilities during the calendar year from retail sales of gas or electric service
within the state. The assessment for the third quarter of each fiscal year shall be adjusted to
compensate for the amount by which actual expenditures by the commission and department for
the preceding fiscal year were more or less than the estimated expenditures previously assessed.
    Subd. 4. Objections. Within 30 days after the date of the transmittal of any bill as provided
by subdivisions 2 and 3, the public utility against which the bill has been rendered may file with
the commission objections setting out the grounds upon which it is claimed the bill is excessive,
erroneous, unlawful or invalid. The commission shall within 60 days hold a hearing and issue
an order in accordance with its findings. The order shall be appealable in the same manner as
other final orders of the commission.
    Subd. 5. Assessing cooperatives and municipals. The commission and department may
charge cooperative electric associations, generation and transmission cooperative electric
associations, municipal power agencies, and municipal electric utilities their proportionate
share of the expenses incurred in the review and disposition of resource plans, adjudication of
service area disputes, proceedings under section 216B.1691, 216B.2425, or 216B.243, and the
costs incurred in the adjudication of complaints over service standards, practices, and rates.
Cooperative electric associations electing to become subject to rate regulation by the commission
pursuant to section 216B.026, subdivision 4, are also subject to this section. Neither a cooperative
electric association nor a municipal electric utility is liable for costs and expenses in a calendar
year in excess of the limitation on costs that may be assessed against public utilities under
subdivision 2. A cooperative electric association, generation and transmission cooperative electric
association, municipal power agency, or municipal electric utility may object to and appeal bills
of the commission and department as provided in subdivision 4.
The department shall assess cooperatives and municipalities for the costs of alternative
energy engineering activities under section 216C.261. Each cooperative and municipality shall be
assessed in proportion that its gross operating revenues for the sale of gas and electric service
within the state for the last calendar year bears to the total of those revenues for all public utilities,
cooperatives, and municipalities.
    Subd. 5a. Assessing transmission companies. The commission and department may
charge transmission companies their proportionate share of the expenses incurred in the review
and disposition of proceedings under sections 216B.2425, 216B.243, 216B.48, 216B.50, and
216B.79. A transmission company is not liable for costs and expenses in a calendar year in
excess of the limitation on costs that may be assessed against public utilities under subdivision 2.
A transmission company may object to and appeal bills of the commission and department as
provided in subdivision 4.
    Subd. 6. Administrative hearing costs. Any amounts billed to the commission or the
department by the Office of Administrative Hearings for public utility contested case hearings
shall be assessed by the commission or the department against the public utility. The assessment
shall be paid into the state treasury within 30 days after a bill, which constitutes notice of the
assessment and demand for payment of it, has been transmitted to the public utility. Money
received shall be credited to a special account and is appropriated to the commission or the
department for payment to the Office of Administrative Hearings.
History: 1974 c 429 s 62 subds 1-4; 1978 c 674 s 60; 1978 c 795 s 9; 1980 c 614 s 116;
1981 c 357 s 71,72; 1983 c 289 s 105,106; 1990 c 598 s 1; 1991 c 234 s 2; 1992 c 478 s 4; 1993 c
356 s 4; 1993 c 369 s 66,67; 2001 c 212 art 7 s 34; 2005 c 97 art 1 s 9,10; 2007 c 10 s 8-10