reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.13 — Production And Examination Of Records.

216B.13 PRODUCTION AND EXAMINATION OF RECORDS.
Subdivision 1.
Authority of commission.
The commission may require, by order served on any public utility in the manner provided herein for the service of orders, the production within this state at a reasonable time and place as the commission may designate, of any books, accounts, papers, or records of the public utility relating to its business or affairs within the state, pertinent to any lawful inquiry and kept by said public utility in any office or place within or without this state, or, at its option, verified or photostatic copies in lieu thereof, so that an examination thereof may be made by the commission or under its direction.
Subd. 2.
[Repealed, 1981 c 142 s 3]
History:
1974 c 429 s 13
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.14 — Investigation.

216B.14 INVESTIGATION.
The commission upon complaint or upon its own initiative and whenever it may deem it necessary in the performance of its duties may investigate and examine the condition and operation of any public utility or any part thereof. In conducting the investigations the commission may proceed either with or without a hearing as it may deem best, but it shall make no order without affording the affected parties a hearing.
History:
1974 c 429 s 14
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.15 — Hearings; Examiner.

216B.15 HEARINGS; EXAMINER.
The commission may, in addition to the hearings specifically provided for by Laws 1974, chapter 429, conduct any other hearings as may reasonably be required in the administration of the powers and duties conferred upon it by Laws 1974, chapter 429. The commission may designate one of its members to act as an examiner for the purpose of holding any hearing which the commission has the power or authority to hold or in the event parties to the hearing so stipulate the commission may designate a qualified commission employee as the examiner. Reasonable notice of all hearings shall be given the persons interested therein as determined by the commission.
History:
1974 c 429 s 15
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.1613 — Standardized Contract.

216B.1613 STANDARDIZED CONTRACT.
Within 60 days of May 20, 2009, each utility, as defined in section 216B.1691, subdivision 1, paragraph (d), shall file with the commission a standardized contract form for the purchase of electricity from projects with a nameplate capacity of five megawatts or less. The standardized contract form must be similar in all material respects to the standard contract form previously filed with the commission under section 216B.2423, subdivision 3, including any revisions to that contract on file with the commission as of May 20, 2009. After consultation with wind developers and producers, a utility governed by this section may modify the standardized contract currently on file under section 216B.2423 prior to submitting its standard contract form under this section if the modifications are reasonably necessary to account for circumstances that are unique to that particular utility. The commission shall not approve a contract that is not in compliance with this section.
History:
2009 c 110 s 10; 2023 c 7 s 32
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.1614 — Electric Vehicle Charging Tariff.

216B.1614 ELECTRIC VEHICLE CHARGING TARIFF.
Subdivision 1.
Definitions.
(a) For the purposes of this section, the terms defined in this subdivision have the meanings given them.
(b) "Electric vehicle" has the meaning given in section 169.011, subdivision 26a.
(c) "Public utility" has the meaning given in section 216B.02, subdivision 4.
(d) "Renewable energy" has the meaning given in section 216B.169, subdivision 2, paragraph (d).
Subd. 2.
Required tariff.
(a) By February 1, 2015, each public utility selling electricity at retail must file with the commission a tariff that allows a customer to purchase electricity solely for the purpose of recharging an electric vehicle. The tariff must:
(1) contain either a time-of-day or off-peak rate, as elected by the public utility;
(2) offer a customer the option to purchase electricity:
(i) from the utility's current mix of energy supply sources; or
(ii) entirely from renewable energy sources, subject to the conditions established under section 216B.169, subdivision 2, paragraph (b), and subdivision 3, paragraph (a); and
(3) be made available to the residential customer class.
(b) The public utility may, at its discretion, offer the tariff to other customer classes.
(c) The commission shall, after notice and opportunity for public comment, approve, modify, or reject the tariff. The commission may approve the tariff if the public utility has demonstrated that the tariff:
(1) appropriately reflects off-peak versus peak cost differences in the rate charged;
(2) includes a mechanism to allow the recovery of costs reasonably necessary to comply with this section, including costs to inform and educate customers about the financial, energy conservation, and environmental benefits of electric vehicles and to publicly advertise and promote participation in the customer-optional tariff;
(3) provides for clear and transparent customer billing statements including, but not limited to, the amount of energy consumed under the tariff; and
(4) incorporates the cost of metering or submetering within the rate charged to the customer.
(d) Within 60 days of commission approval of a public utility's tariff filed under this section, the public utility shall make the tariff available to customers.
(e) The utility may at any time propose revisions to a tariff filed under this subdivision based on changing costs or conditions.
Subd. 3.
Data reporting.
Each public utility providing a tariff under this section shall periodically report to the commission, as established by the commission and on a form prescribed by the commission, the following information, organized on a per-quarter basis:
(1) the number of customers who have arranged to purchase electricity under the tariff;
(2) the total amount of electricity sold under the tariff; and
(3) other data required by the commission.
History:
2014 c 254 s 10
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.1621 — Electric Service Agreement.

216B.1621 ELECTRIC SERVICE AGREEMENT.
Subdivision 1.
Agreement.
When a retail customer of a public utility proposes to acquire power from or construct a new electric power generation facility in the assigned service area of the utility serving the retail customer to provide all or part of the customer's electric service needs, the public utility may negotiate with and enter into an agreement with the customer to supply electric power to the customer in order to defer construction of the facility until the utility has need of power generated by the proposed facility, if the Public Utilities Commission approves the agreement under subdivision 2.
Subd. 2.
Commission approval.
(a) The commission shall approve an agreement under this section upon finding that:
(1) the proposed electric service power generation facility could reasonably be expected to qualify for a market value exclusion under section 272.0211;
(2) the public utility has a contractual option to purchase electric power from the proposed facility; and
(3) the public utility can use the output from the proposed facility to meet its future need for power as demonstrated in the most recent resource plan filed with and approved by the commission under section 216B.2422.
(b) Sections 216B.03, 216B.05, 216B.06, 216B.07, 216B.16, 216B.162, and 216B.23 do not apply to an agreement under this section.
History:
1996 c 444 s 1
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.1642 — Solar Site Management.

216B.1642 SOLAR SITE MANAGEMENT.
Subdivision 1.
Site management practices.
An owner of a ground-mounted solar site with a generating capacity of more than 40 kilowatts may follow site management practices that (1) provide native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators, and (2) reduce stormwater runoff and erosion at the solar generation site. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, a solar site owner shall use native plant species and seed mixes under Department of Natural Resources "Prairie Establishment & Maintenance Technical Guidance for Solar Projects."
Subd. 2.
Recognition of beneficial habitat.
An owner of a solar site implementing solar site management practices under this section may claim that the site provides benefits to game birds, songbirds, and pollinators only if the site adheres to guidance set forth by the pollinator plan provided by the Board of Water and Soil Resources or any other game bird, songbird, or pollinator foraging-friendly vegetation standard established by the Board of Water and Soil Resources. An owner making a beneficial habitat claim must:
(1) make the site's vegetation management plan available to the public;
(2) provide a copy of the plan to a Minnesota nonprofit solar industry trade association; and
(3) report on its site management practices to the Board of Water and Soil Resources, on a standard reporting form developed by the board for solar site management practices, by June 1, 2020, and every third year thereafter. An owner that enters into operation after June 1, 2019, must report to the board on the progress made toward establishing beneficial habitat on or before June 1 of the year after operations commence and every third year thereafter.
History:
2016 c 181 s 1; 2016 c 184 s 9; 1Sp2019 c 7 art 11 s 3
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.1646 — Rate Reduction; Property Tax Reduction.

216B.1646 RATE REDUCTION; PROPERTY TAX REDUCTION.
(a) The commission shall, by any method the commission finds appropriate, reduce the rates each electric utility subject to rate regulation by the commission charges its customers to reflect, on an ongoing basis, the amount by which each utility's property tax on the personal property of its electric system from taxes payable in 2001 to taxes payable in 2002 is reduced. The commission must ensure that, to the extent feasible, each dollar of personal property tax reduction allocated to Minnesota consumers retroactive to January 1, 2002, results in a dollar of savings to the utility's customers. A utility may voluntarily pass on any additional property tax savings allocated in the same manner as approved by the commission under this paragraph.
(b) By April 10, 2002, each utility shall submit a filing to the commission containing:
(1) certified information regarding the utility's property tax savings allocated to Minnesota retail customers; and
(2) a proposed method of passing these savings on to Minnesota retail customers.
The utility shall provide the information in clause (1) to the commissioner of revenue at the same time. The commissioner shall notify the commission within 30 days as to the accuracy of the property tax data submitted by the utility.
(c) For purposes of this section, "personal property" means tools, implements, and machinery of the generating plant. It does not apply to transformers, transmission lines, distribution lines, or any other tools, implements, and machinery that are part of an electric substation, wherever located.
History:
1Sp2001 c 5 art 3 s 11; 2002 c 377 art 4 s 3; 2002 c 398 s 2; 2002 c 400 s 12
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.1647 — Property Tax Adjustment; Cooperative Association.

216B.1647 PROPERTY TAX ADJUSTMENT; COOPERATIVE ASSOCIATION.
A cooperative electric association that has elected to be subject to rate regulation under section 216B.026 is eligible to file with the commission for approval an adjustment for real and personal property taxes, fees, and permits.
History:
2016 c 189 art 6 s 5
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.166 — Cogenerating Power Plant.

216B.166 COGENERATING POWER PLANT.
Subdivision 1.
Findings.
The legislature finds and declares that significant public benefits may be derived from the cogeneration of electrical and thermal energy and that cogenerated district heating may result in improved utilization and conservation of fuel, the substitution of coal for scarce oil and natural gas, the substitution of domestic fuel for imported fuel, and the establishment of a reliable, competitively priced heat source. Since the cost of cogenerated thermal energy is dependent upon the method used to allocate costs between the production of electric and thermal energy at a power plant, and because the method of cost allocation can be a significant factor in determining investment in district heating, it is necessary to develop cost allocation methods rapidly.
Subd. 2.
Definitions.
For the purpose of this section, the following terms shall have the meanings given.
(a) "Cogeneration" means a combined process whereby electrical and thermal energy are simultaneously produced by a public utility power plant.
(b) "District heating" means a process whereby thermal energy is distributed within a community for use as a primary heat source.
(c) "District heating utility" means any person, corporation, or other legal entity which owns and operates a facility for district heating.
Subd. 3.
Cost allocation.
The methods used to allocate or assign costs between electrical and thermal energy produced by cogeneration power plants owned by public utilities shall be consistent with the following principles:
(a) The method used shall result in a cost per unit of electricity which is no greater than the cost per unit which would exist if the power plants owned by the public utility had been normally constructed and operated without cogenerating capability.
(b) Costs which the public utility incurs for the exclusive benefit of the district heating utility, including but not limited to backup and peaking facilities, shall be assigned to thermal energy produced by cogeneration.
(c) The methods and procedures may be different for retrofitted than for new cogeneration power plants.
(d) The methods should encourage cogeneration while preventing subsidization by electric consumers so that both heating and electricity consumers are treated fairly and equitably with respect to the costs and benefits of cogeneration.
History:
1981 c 334 s 9
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.1681 — Curtailment Payments.

216B.1681 CURTAILMENT PAYMENTS.
The commission shall conduct a study of curtailment payments for wind energy projects to assess whether utilities are unduly discriminating among project ownership structures in regard to the contractual availability of curtailment payments. The commission shall submit the study to the chairs and ranking minority members of the senate and house of representatives committees with primary jurisdiction over energy policy by January 15, 2008.
History:
2007 c 136 art 4 s 9
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.169 — Renewable And High-efficiency Energy Rate Options.

216B.169 RENEWABLE AND HIGH-EFFICIENCY ENERGY RATE OPTIONS.
Subdivision 1.
Definitions.
For the purposes of this section, the following terms have the meanings given them.
(a) "Utility" means a public utility, municipal utility, or cooperative electric association providing electric service at retail to Minnesota consumers.
(b) "Renewable energy" has the meaning given in section 216B.2422, subdivision 1, paragraph (c).
(c) "High-efficiency, low-emissions, distributed generation" means a distributed generation facility of no more than ten megawatts of interconnected capacity that is certified by the commissioner under subdivision 3 as a high-efficiency, low-emissions facility.
Subd. 2.
Renewable and high-efficiency energy rate options.
(a) A utility may offer its customers one or more options that allow a customer to determine that a certain amount of the electricity generated or purchased on behalf of the customer is renewable energy or energy generated by high-efficiency, low-emissions, distributed generation such as fuel cells and microturbines fueled by a renewable fuel.
(b) Rates charged to customers must be calculated using the utility's cost of acquiring the energy for the customer and must:
(1) reflect the difference between the cost of generating or purchasing the additional renewable energy and the cost that would otherwise be attributed to the customer for the same amount of energy based on the utility's mix of renewable and nonrenewable energy sources; and
(2) be distributed on a per kilowatt-hour basis among all customers who choose to participate in the program.
(c) The utility may acquire the energy demanded by customers, in whole or in part, through procuring or generating the renewable energy directly, or through the purchase of credits from a provider that has received certification of eligible power supply pursuant to subdivision 3.
(d) For the purposes of this section, "renewable energy" has the meaning given to "eligible energy technology" in section 216B.1691, subdivision 1, paragraph (c), but does not include energy recovered from combustion of mixed municipal solid waste or refuse-derived fuel from mixed municipal solid waste.
Subd. 3.
Certification and tradable credits.
(a) The commissioner shall certify a power supply or supplies as eligible to satisfy customer requirements under this section upon finding:
(1) the power supply is renewable energy or energy generated by high-efficiency, low-emissions, distributed generation; and
(2) the sales arrangements of energy from the supplies are such that the power supply is only sold once to retail consumers.
(b) To facilitate compliance with this section, the commission may, by order, establish a program for tradable credits for eligible power supplies.
History:
2001 c 212 art 8 s 2; 2007 c 3 s 3; 2009 c 110 s 12,38; 2023 c 7 s 32
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.18 — Service Of Notice.

216B.18 SERVICE OF NOTICE.
Service of notice of all hearings, investigations, and proceedings pending before the commission and of complaints, reports, orders, and other documents must be made personally, by electronic service as provided in section 216.17, or by mail as the commission may direct. Regulated utilities and state agencies must provide an electronic address to the commission for electronic service purposes and agree to accept electronic service as official service.
History:
1974 c 429 s 18; 2007 c 10 s 4; 2013 c 135 art 3 s 20
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.19 — Joint Hearing And Investigation.

216B.19 JOINT HEARING AND INVESTIGATION.
In the discharge of its duties under Laws 1974, chapter 429, the commission or the department may cooperate with similar commissions of other states and any federal agency and may hold joint hearings and make joint investigations with other commissions.
History:
1974 c 429 s 19; 1980 c 614 s 114
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.20 — Separate Rate Hearing.

216B.20 SEPARATE RATE HEARING.
The commission may, in its discretion, when complaint is made of more than one rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately and at times it may prescribe.
History:
1974 c 429 s 20
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.21 — Summary Investigation.

216B.21 SUMMARY INVESTIGATION.
Subdivision 1.
Authority.
Whenever the commission has reason to believe that any rate or charge may be unreasonable or unjustly discriminatory or that any service is inadequate or cannot be obtained or that an investigation of any matter relating to any public utility should for any reason be made, it may on its own motion summarily investigate the same with or without notice.
Subd. 2.
Formal hearing.
If, after making the summary investigation, the commission becomes satisfied that sufficient grounds exist to warrant a formal hearing being ordered as to the matters investigated, it shall set a time and place for a hearing.
Subd. 3.
Notice.
Notice of the time and place for the hearing shall be made as provided in sections 216B.17 and 216B.18.
History:
1974 c 429 s 21
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.22 — Municipality; Amicus Curiae Authority.

216B.22 MUNICIPALITY; AMICUS CURIAE AUTHORITY.
Any municipality that regulates and controls the exercise of a public utility franchise by reason of its home rule charter on January 1, 1975, is authorized to assist the Public Utilities Commission as amicus curiae in any proceeding brought before the commission with respect to the rates, fares, prices, regulation, or control of any utility operating therein.
History:
1974 c 429 s 22; 1980 c 614 s 123
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.23 — Lawful Rate; Reasonable Service.

216B.23 LAWFUL RATE; REASONABLE SERVICE.
Subdivision 1.
Determination as to rate; order.
Whenever upon an investigation made under the provisions of Laws 1974, chapter 429, the commission shall find rates, tolls, charges, schedules or joint rates to be unjust, unreasonable, insufficient, or unjustly discriminatory or preferential or otherwise unreasonable or unlawful, the commission shall determine and by order fix reasonable rates, tolls, charges, schedules, or joint rates to be imposed, observed, and followed in the future in lieu of those found to be unreasonable or unlawful.
Subd. 1a.
Authority to issue refund.
(a) On determining that a public utility has charged a rate in violation of this chapter, a commission rule, or a commission order, the commission, after conducting a proceeding, may require the public utility to refund to its customers, in a manner approved by the commission, any revenues the commission finds were collected as a result of the unlawful conduct. Any refund authorized by this section is permitted in addition to any remedies authorized by section 216B.16 or any other law governing rates. Exercising authority under this section does not preclude the commission from pursuing penalties under sections 216B.57 to 216B.61 for the same conduct.
(b) This section must not be construed as allowing:
(1) retroactive ratemaking;
(2) refunds based on claims that prior or current approved rates have been unjust, unreasonable, unreasonably preferential, discriminatory, insufficient, inequitable, or inconsistent in application to a class of customers; or
(3) refunds based on claims that approved rates have not encouraged energy conservation or renewable energy use, or have not furthered the goals of section 216B.164, 216B.241, or 216C.05.
(c) A refund under this subdivision does not apply to revenues collected more than six years before the date of the notice of the commission proceeding required under this subdivision.
Subd. 2.
Finding as to service; order.
Whenever the commission shall find any regulations, measurements, practices, acts, or service to be unjust, unreasonable, insufficient, preferential, unjustly discriminatory, or otherwise unreasonable or unlawful, or shall find that any service which can be reasonably demanded cannot be obtained, the commission shall determine and by order fix reasonable measurements, regulations, acts, practices, or service to be furnished, imposed, observed and followed in the future in lieu of those found to be unreasonable, inadequate, or otherwise unlawful, and shall make any other order respecting the measurement, regulation, act, practice, or service as shall be just and reasonable.
Subd. 3.
Copy of order served; notice.
A copy of the order shall be served upon the person against whom it runs or the person's attorney, and notice thereof shall be given to the other parties to the proceedings or their attorneys.
History:
1974 c 429 s 23; 1986 c 444; 2009 c 110 s 14
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.24 — Construction Of Major Facility; Filing Plans.

216B.24 CONSTRUCTION OF MAJOR FACILITY; FILING PLANS.
Subdivision 1.
Major utility facility defined.
The words "major utility facility" means: (1) electric generating plant and associated facilities designed for, or capable of, operation at a capacity of 50 megawatts or more; (2) an electric transmission line and associated facilities of a design capacity of 125 kilovolts or more; and (3) a gas transmission line and associated facilities designed for, or capable of, transporting gas at pressures in excess of 125 pounds per square inch; provided, however, that the words "major utility facility" shall not include electric or gas distribution lines and gas gathering lines and associated facilities as defined by the commission.
Subd. 2.
Construction plan filed; rules.
Under rules as the commission may prescribe, every public utility shall file with the commission, within the time and in the form as the commission may designate, plans showing any contemplated construction of major utility facilities.
Subd. 3.
Applicability to municipalities.
The provisions of this section shall apply to the construction of major utility facilities by a municipally owned gas or electric utility.
History:
1974 c 429 s 24; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.2401 — Energy Savings And Optimization Policy Goal.

216B.2401 ENERGY SAVINGS AND OPTIMIZATION POLICY GOAL.
(a) The legislature finds that energy savings are an energy resource, and that cost-effective energy savings are preferred over all other energy resources. In addition, the legislature finds that optimizing the timing and method used by energy consumers to manage energy use provides significant benefits to the consumers and to the utility system as a whole. The legislature further finds that cost-effective energy savings and load management programs should be procured systematically and aggressively in order to reduce utility costs for businesses and residents, improve the competitiveness and profitability of businesses, create more energy-related jobs, reduce the economic burden of fuel imports, and reduce pollution and emissions that cause climate change. Therefore, it is the energy policy of the state of Minnesota to achieve annual energy savings equivalent to at least 2.5 percent of annual retail energy sales of electricity and natural gas through multiple measures, including but not limited to:
(1) cost-effective energy conservation improvement programs and efficient fuel-switching utility programs under sections 216B.2402 to 216B.241;
(2) rate design;
(3) energy efficiency achieved by energy consumers without direct utility involvement;
(4) advancements in statewide energy codes and cost-effective appliance and equipment standards;
(5) programs designed to transform the market or change consumer behavior;
(6) energy savings resulting from efficiency improvements to the utility infrastructure and system; and
(7) other efforts to promote energy efficiency and energy conservation.
(b) A utility is encouraged to design and offer to customers load management programs that enable: (1) customers to maximize the economic value gained from the energy purchased from the customer's utility service provider; and (2) utilities to optimize the infrastructure and generation capacity needed to effectively serve customers and facilitate the integration of renewable energy into the energy system.
(c) The commissioner must provide a reasonable estimate of progress made toward the statewide energy-savings goal under paragraph (a) in the annual report required under section 216B.241, subdivision 1c, and make recommendations for administrative or legislative initiatives to increase energy savings toward that goal. The commissioner must also annually report on the energy productivity of the state's economy by estimating the ratio of economic output produced in the most recently completed calendar year to the primary energy inputs used in that year.
History:
2007 c 136 art 2 s 4; 2010 c 361 art 5 s 8; 2011 c 97 s 17; 2013 c 85 art 12 s 2; 2021 c 29 s 2
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.2412 — Decoupling Of Energy Sales From Revenues.

216B.2412 DECOUPLING OF ENERGY SALES FROM REVENUES.
Subdivision 1.
Definition and purpose.
For the purpose of this section, "decoupling" means a regulatory tool designed to separate a utility's revenue from changes in energy sales. The purpose of decoupling is to reduce a utility's disincentive to promote energy efficiency.
Subd. 2.
Decoupling criteria.
The commission shall, by order, establish criteria and standards for decoupling. The commission may establish these criteria and standards in a separate proceeding or in a general rate case or other proceeding in which it approves a pilot program, and shall design the criteria and standards to mitigate the impact on public utilities of the energy-savings goals under section 216B.241 without adversely affecting utility ratepayers. In designing the criteria, the commission shall consider energy efficiency, weather, and cost of capital, among other factors.
Subd. 3.
Pilot programs.
The commission shall allow one or more rate-regulated utilities to participate in a pilot program to assess the merits of a rate-decoupling strategy to promote energy efficiency and conservation. Each pilot program must utilize the criteria and standards established in subdivision 2 and be designed to determine whether a rate-decoupling strategy achieves energy savings. On or before a date established by the commission, the commission shall require electric and gas utilities that intend to implement a decoupling program to file a decoupling pilot plan, which shall be approved or approved as modified by the commission. A pilot program may not exceed three years in length. Any extension beyond three years can only be approved in a general rate case, unless that decoupling program was previously approved as part of a general rate case.
History:
2007 c 136 art 2 s 6; 2009 c 110 s 21; 1Sp2021 c 4 art 8 s 18
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.2421 — Definition Of Large Energy Facility.

216B.2421 DEFINITION OF LARGE ENERGY FACILITY.
Subdivision 1.
Applicability.
The definition in this section applies to this section and sections 216B.2422 and 216B.243.
Subd. 2.
Large energy facility.
"Large energy facility" means:
(1) any electric power generating plant or combination of plants at a single site with a combined capacity of 50,000 kilowatts or more and transmission lines directly associated with the plant that are necessary to interconnect the plant to the transmission system;
(2) any high-voltage transmission line with a capacity of 200 kilovolts or more and greater than 1,500 feet in length;
(3) any high-voltage transmission line with a capacity of 100 kilovolts or more with more than ten miles of its length in Minnesota or that crosses a state line;
(4) any pipeline greater than six inches in diameter and having more than 50 miles of its length in Minnesota used for the transportation of coal, crude petroleum or petroleum fuels or oil, or their derivatives;
(5) any pipeline for transporting natural or synthetic gas at pressures in excess of 200 pounds per square inch with more than 50 miles of its length in Minnesota;
(6) any facility designed for or capable of storing on a single site more than 100,000 gallons of liquefied natural gas or synthetic gas;
(7) any underground gas storage facility requiring a permit pursuant to section 103I.681;
(8) any nuclear fuel processing or nuclear waste storage or disposal facility; and
(9) any facility intended to convert any material into any other combustible fuel and having the capacity to process in excess of 75 tons of the material per hour.
Subd. 3.
[Repealed, 2001 c 212 art 7 s 36]
History:
1974 c 307 s 2; 1975 c 170 s 1; 1977 c 381 s 8; Ex1979 c 2 s 11; 1981 c 356 s 248; 1982 c 561 s 1; 1991 c 199 art 2 s 1; 1993 c 327 s 8,9; 1993 c 356 s 2; 2001 c 212 art 7 s 29; 2005 c 97 art 1 s 4
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.2423 — Wind Power Mandate.

216B.2423 WIND POWER MANDATE.
Subdivision 1.
Mandate.
A public utility, as defined in section 216B.02, subdivision 4, that operates a nuclear-powered electric generating plant within this state must construct and operate, purchase, or contract to construct and operate: (1) 225 megawatts of electric energy installed capacity generated by wind energy conversion systems within the state by December 31, 1998; and (2) an additional 200 megawatts of installed capacity so generated by December 31, 2002.
For the purpose of this section, "wind energy conversion system" has the meaning given it in section 216C.06, subdivision 19.
Subd. 2.
Resource planning mandate.
The Public Utilities Commission shall order a public utility subject to subdivision 1, to construct and operate, purchase, or contract to purchase an additional 400 megawatts of electric energy installed capacity generated by wind energy conversion systems by December 31, 2002, subject to resource planning and least cost planning requirements in section 216B.2422.
Subd. 2a.
Site preference.
The Public Utilities Commission shall ensure that a utility subject to the requirements of subdivision 1, clause (2), shall implement that clause with a preference for wind energy conversion systems within the state. This preference shall not prevent the utility from constructing or contracting to construct wind energy conversion systems outside the state, if the Public Utilities Commission determines that selection of a facility within the state conflicts with the requirements of section 216B.03.
Subd. 3.
Standard contract for wind energy conversion systems.
The Public Utilities Commission shall require a public utility subject to subdivision 1 to develop and file in a form acceptable to the commission by October 1, 1997, a standard form contract for the purchase of electricity from wind conversion systems with installed capacity of two megawatts and less. For purposes of applying the two megawatts limit, the installed capacity sold to the public utility from a single seller or affiliated group of sellers shall be cumulated. The standard contract shall include all the terms and conditions for purchasing wind-generated power by the utility, except for price and any other specific terms necessary to ensure system reliability and safety, which shall be separately negotiable.
History:
1994 c 641 art 3 s 2; 1997 c 216 s 123; 1999 c 200 s 3
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.2426 — Opportunities For Distributed Generation.

216B.2426 OPPORTUNITIES FOR DISTRIBUTED GENERATION.
The commission shall ensure that opportunities for the installation of distributed generation, as that term is defined in section 216B.169, subdivision 1, paragraph (c), are considered in any proceeding under section 216B.2422, 216B.2425, or 216B.243.
History:
2005 c 97 art 8 s 1
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.2428 — Lifecycle Greenhouse Gas Emissions Accounting Framework; Cost-benefit Test For Innovative Resources.

216B.2428 LIFECYCLE GREENHOUSE GAS EMISSIONS ACCOUNTING FRAMEWORK; COST-BENEFIT TEST FOR INNOVATIVE RESOURCES.
By June 1, 2022, the commission shall, by order, issue frameworks the commission must use to calculate lifecycle greenhouse gas emissions intensities of each innovative resource, as follows:
(1) a general framework to compare the lifecycle greenhouse gas emissions intensities of power-to-hydrogen, strategic electrification, renewable natural gas, district energy, energy efficiency, biogas, carbon capture, and power-to-ammonia; and
(2) a cost-benefit analytic framework to be applied to innovative resources and innovation plans filed under section 216B.2427 that the commission must use to compare the cost-effectiveness of those resources and plans. This analytic framework must take into account:
(i) the total incremental cost of the plan or resource and the lifecycle greenhouse gas emissions avoided or reduced by the innovative resource or plan, using the framework developed under clause (1);
(ii) additional economic costs and benefits, programmatic costs and benefits, additional environmental costs and benefits, and other costs or benefits that may be expected under a plan; and
(iii) baseline cost-effectiveness criteria against which an innovation plan should be compared. When establishing baseline criteria, the commission must take into account options available to reduce lifecycle greenhouse gas emissions from natural gas end uses and the goals in section 216C.05, subdivision 2, clause (3), and section 216H.02, subdivision 1. To the maximum reasonable extent, the cost-benefit framework must be consistent with environmental cost values established under section 216B.2422, subdivision 3, and other calculations of the social value of greenhouse gas emissions reductions used by the commission. The commission may update frameworks established under this section as necessary.
History:
1Sp2021 c 4 art 8 s 21
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.244 — Nuclear Plant Capacity Requirements.

216B.244 NUCLEAR PLANT CAPACITY REQUIREMENTS.
A reactor unit at a nuclear power electric generating plant that has an annual load capacity factor of less than 55 percent for each of three consecutive calendar years must be shut down and cease operating no later than 500 days after the end of the third such consecutive calendar year. For the purposes of this section, "load capacity factor" means the ratio between a reactor unit's average load and its peak load.
History:
1994 c 641 art 2 s 3
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.2445 — Decommissioning Nuclear Plant; Storing Used Fuel.

216B.2445 DECOMMISSIONING NUCLEAR PLANT; STORING USED FUEL.
Subdivision 1.
Decommissioning costs.
(a) The Public Utilities Commission shall, when considering approval of a plan for the accrual of funds for the decommissioning of nuclear facilities filed in accordance with a commission order, include an evaluation of the costs, if any, arising from storage of used nuclear fuel that may be incurred by the state of Minnesota, and any tribal community, county, city, or township where used nuclear fuel is located following the cessation of operations at a nuclear plant.
(b) To assist the commission in making the determination required in paragraph (a), the filing shall provide cost estimates, including ratepayer impacts, assuming used nuclear fuel will be stored in the state for 60 years, 100 years, and 200 years following the cessation of operation of the nuclear plant.
Subd. 2.
Rate.
A public utility filing a decommissioning plan in accordance with a commission order and this section may include, as part of a general rate case petition, the costs of decommissioning accrual incurred in complying with a commission order implementing this section.
Subd. 3.
Commission report.
The commission shall prepare a nuclear decommissioning report after each of the commission's periodic review of nuclear decommissioning costs. The report shall be submitted within 180 days of the date of the final order related to that review to the chairs and ranking minority members of the legislative committees with primary jurisdiction over energy policy and public safety. That report shall, without limitation, include the following:
(1) an explanation of the commission's funding decisions regarding nuclear decommissioning;
(2) the progress of the United States Department of Energy to remove from Minnesota spent fuel produced by nuclear generating plants in Minnesota;
(3) an analysis of the financial and other obligations related to decommissioning and storage of used fuel of the utility holding title to spent nuclear fuel to the state and to host communities, including affected tribal communities; and
(4) any recommendations to the legislature on legislation or other actions that may be necessary for addressing long-term or indefinite storage costs.
History:
2011 c 97 s 13
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.245 — Pump And Store Hydropower Facility; Prohibition.

216B.245 PUMP AND STORE HYDROPOWER FACILITY; PROHIBITION.
A state agency may not issue a permit for the construction of a facility for generating electricity if the facility would be located on top of the bluffs along the Mississippi River and would pump water from any portion of the river, store the water on top of the bluffs, and release the water at a later time to generate the electricity.
History:
1993 c 147 s 1
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.25 — Further Action On Previous Order.

216B.25 FURTHER ACTION ON PREVIOUS ORDER.
The commission may at any time, on its own motion or upon motion of an interested party, and upon notice to the public utility and after opportunity to be heard, rescind, alter, or amend any order fixing rates, tolls, charges, or schedules, or any other order made by the commission, and may reopen any case following the issuance of an order therein, for the taking of further evidence or for any other reason. Any order rescinding, altering, amending, or reopening a prior order shall have the same effect as an original order.
History:
1974 c 429 s 25
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.26 — Order; Effective Date.

216B.26 ORDER; EFFECTIVE DATE.
Every decision made by the commission constituting an order or determination is in force and effective 20 days after it has been filed and has been served by personal delivery, electronic service as provided in section 216.17, or by mailing a copy thereof to all parties to the proceeding in which the decision was made or to their attorneys, unless the commission specifies a different date upon which the order becomes effective.
History:
1974 c 429 s 26; 2007 c 10 s 6
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.28 — Subpoena; Witness Fee And Mileage.

216B.28 SUBPOENA; WITNESS FEE AND MILEAGE.
The commission and each commissioner, or the secretary of the commission may issue subpoenas and all necessary processes in proceedings pending before it; and each process shall extend to all parts of the state and may be served by any person authorized to serve processes of courts of record. Each witness who shall appear before the commission, or at a hearing before one of the individuals designated by it as provided in section 216B.15, or whose deposition is taken, shall receive for attendance the fees and mileage now provided for witnesses in civil cases in courts of record.
History:
1974 c 429 s 28; 1986 c 444
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.29 — Hearing And Subpoena Compliance Powers.

216B.29 HEARING AND SUBPOENA COMPLIANCE POWERS.
The commission and each of the commissioners or authorized examiner, for the purpose mentioned in Laws 1974, chapter 429, may administer oaths and examine witnesses. In case of failure on the part of any person to comply with any subpoena, or in the case of the refusal of any witness to testify concerning any matter on which the witness may be interrogated lawfully, any court of record of general jurisdiction or a judge thereof, on application of the commission, may compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the court or a refusal to testify therein.
History:
1974 c 429 s 29; 1986 c 444
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.30 — Deposition.

216B.30 DEPOSITION.
The commission or any party to the proceedings may, in any investigation or hearing before the commission, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for taking depositions in civil actions in the district court.
History:
1974 c 429 s 30
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.31 — Testimony And Production Of Records; Perjury.

216B.31 TESTIMONY AND PRODUCTION OF RECORDS; PERJURY.
No person shall be excused from testifying or from producing any book, document, paper, or account in any investigation, or inquiry by, or hearing before, the commission or any commissioner, or person designated by it to conduct hearings, when ordered to do so, upon the ground that the testimony or evidence, book, document, paper, or account required may tend to incriminate the person or subject the person to penalty or forfeiture; but no person shall be prosecuted, punished, or subjected to any forfeiture or penalty for or on account of any act, transaction, matter, or thing concerning which the person shall have been compelled under oath to testify or produce documentary evidence; provided, that no person so testifying shall be exempt from prosecution or punishment for any perjury committed in testimony.
History:
1974 c 429 s 31; 1986 c 444
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.32 — Certified Copy Of Document As Evidence.

216B.32 CERTIFIED COPY OF DOCUMENT AS EVIDENCE.
Copies of official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary under the official seal of the commission to be true copies of the original shall be evidence in like manner as the originals, in all matters before the commission and in the courts of this state.
History:
1974 c 429 s 32
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.33 — Commission Ruling Written, Filed, And Certified.

216B.33 COMMISSION RULING WRITTEN, FILED, AND CERTIFIED.
Every order, finding, authorization, or certificate issued or approved by the commission under this chapter must be in writing and retained in the commission's official record system. A certificate under the seal of the commission that any order, finding, authorization, or certificate has not been modified, stayed, suspended, or revoked, must be received in any proceeding as evidence as to the facts therein stated.
History:
1974 c 429 s 33; 2007 c 10 s 7
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.35 — Transcribed Record.

216B.35 TRANSCRIBED RECORD.
A full and complete record shall be kept of all proceedings at any formal hearing had before the commission or any commissioner or hearing examiner and all testimony shall be taken down by a reporter appointed by the commission. A copy of the transcript shall be furnished on demand to any party to the proceedings upon payment of reasonable costs of reproduction.
History:
1974 c 429 s 35