reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216 — Public Utilities Commission Proceedings › Section 216.16 — Hearings Before Commission.

216.16 HEARINGS BEFORE COMMISSION.
If the matter be not adjusted to the satisfaction of the commission, it shall set a time and place of hearing, and give at least ten days' notice thereof to each party. The parties may appear either in person or by attorney. The commission shall hear evidence and otherwise investigate the matter, make findings of fact upon all matters involved, and such order or recommendation in the premises as may be just. A copy of such findings and order or recommendation shall forthwith be served upon each party. No proceedings shall be dismissed on account of want of pecuniary interest in the complaint.
History:
(4641) RL s 1966; 1907 c 305; 1921 c 159 s 1; 1971 c 25 s 67; 1980 c 614 s 102
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216 — Public Utilities Commission Proceedings › Section 216.161 — Contested Cases; Notice.

216.161 CONTESTED CASES; NOTICE.
Notwithstanding the provisions of any other law the commission in any contested case shall give reasonable notice to representatives of associations or other interested groups or persons who have registered their names with the secretary of the commission for that purpose, to all parties and to cities and municipalities which the commission deems to be interested in the proceeding. The commission may prescribe an annual fee to be paid into the state treasury which shall be a charge to all registered groups or persons. This charge is to cover the costs involved.
"Contested case" means a proceeding before the commission in which the legal rights, duties or privileges of specific parties are required by law or constitutional right to be determined after a hearing.
History:
1971 c 25 s 67; Ex1971 c 48 s 23; 1973 c 123 art 5 s 7; 1973 c 754 s 1; 1980 c 614 s 123
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216 — Public Utilities Commission Proceedings › Section 216.17 — Notices And Orders; Filings; Service.

216.17 NOTICES AND ORDERS; FILINGS; SERVICE.
Subdivision 1.
Commission notices and orders; signature.
All notices and orders in proceedings before the commission must be signed by the secretary. Electronic signature by the secretary is permitted.
Subd. 2.
Service of notice, order, or other document from commission.
Service of all notices, orders, and other documents by the commission may be made by mail, personal delivery, or electronic service upon any person or firm, or upon the president, general manager, or other proper executive officer of any corporation interested. If any party has appeared by attorney, such service must be made upon the attorney. Notwithstanding section 14.62, orders and decisions may be served by mail, by personal delivery, or by electronic service. The commission may provide electronic service to any person who has provided an electronic address to the commission for service purposes. For purposes of this section, the term "person" includes a natural person or an organization, whether for profit or not for profit. Regulated utilities and state agencies must provide an electronic address for electronic service purposes and must accept electronic service as official service.
Subd. 3.
Filings with commission; manner of filing.
As of January 1, 2008, any telephone company or telecommunications carrier subject to chapter 237; any public utility, cooperative association, or municipal utility subject to chapter 216B; and state agencies, shall file documents with the commission via the commission's electronic filing system. The executive secretary may approve an exemption from this requirement if an affected company or agency is unable to submit filings via the commission's electronic filing system. All parties, participants, or other interested persons shall submit filings to the commission via the commission's electronic filing system whenever practicable, but may also file by personal delivery or by mail.
Subd. 4.
Service by a party, participant, or other interested person.
When an applicable statute or commission rule requires service of a filing or other document by a party, participant, or other interested person upon persons on a service list maintained by the commission, service may be made by personal delivery, mail, or electronic service, except that electronic service may only be made upon persons on the official service list who have previously agreed in writing to accept electronic service at an electronic address provided to the commission for electronic service purposes. This section does not apply to the extent another provision of this chapter or chapter 216A requires a specific method of service. 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:
(4642) RL s 1967; 1971 c 25 s 67; 1980 c 614 s 123; 2007 c 10 s 2; 2013 c 135 art 3 s 18,19
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216 — Public Utilities Commission Proceedings › Section 216.18 — Power To Subpoena Witnesses And Documents.

216.18 POWER TO SUBPOENA WITNESSES AND DOCUMENTS.
The commission in any hearing or investigation may require the attendance of witnesses and the production of any books, documents, and records. Witnesses must receive the same fees and mileage as in civil actions. Disobedience of any subpoena in such proceeding or contumacy of a witness may, upon application of the commission, be punished by any district court in the same manner as if the proceedings were pending in such court.
History:
(4643) RL s 1968; 1971 c 25 s 67; 1980 c 614 s 123; 2007 c 10 s 3
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216 — Public Utilities Commission Proceedings › Section 216.25 — Appeals.

216.25 APPEALS.
Any party to a contested case before the commission may appeal from the decision and order of the commission in accordance with chapter 14.
History:
(4651) RL s 1972; 1907 c 167 s 2; 1961 c 393 s 1; 1969 c 646 s 1; 1971 c 25 s 67; 1976 c 239 s 38; 1977 c 253 s 1; 1980 c 614 s 123; 1983 c 247 s 93
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216 — Public Utilities Commission Proceedings › Section 216.26 — Dismissal In Certain Cases; Procedure.

216.26 DISMISSAL IN CERTAIN CASES; PROCEDURE.
When in any proceedings pending before it relating to or involving the reasonableness of rates, fares, charges, or classifications, the commission shall decide that it has not jurisdiction for the reason that the traffic covered by such rates, fares, charges, and classifications is interstate commerce, it shall make an order dismissing the proceeding, stating therein the ground of such dismissal, which order may be appealed from in like manner as other appealable orders of the commission.
If in any such proceeding one of the commissioners shall dissent from the order of dismissal, the question of its jurisdiction shall be certified to the district court of a county to which an appeal might be taken and thereupon the commission shall notify all parties to the proceedings of such certification, stating the county and date thereof.
History:
(4652) RL s 1973; 1971 c 25 s 67; 1980 c 614 s 123
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216 — Public Utilities Commission Proceedings › Section 216.27 — Filing Appeal Papers; Effect.

216.27 FILING APPEAL PAPERS; EFFECT.
When an appeal is taken, the commission shall file with the clerk of the appellate courts the documents described by the Rules of Civil Appellate Procedure. The court of appeals shall have full jurisdiction to hear and determine the matter appealed. The proceeding shall be governed by the Rules of Civil Appellate Procedure. If the order of the commission is reversed, upon filing a copy of the order of reversal with the commission, it shall proceed to determine the reasonableness of the rates, fares, charges, and classification on the merits.
History:
(4653) RL s 1974; 1971 c 25 s 67; 1980 c 614 s 123; 1983 c 247 s 94
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216A — Public Utilities Regulators › Section 216A.01 — Department And Commission; Powers And Duties.

216A.01 DEPARTMENT AND COMMISSION; POWERS AND DUTIES.
The Department of Commerce shall have and possess all of the rights and powers and perform all of the duties vested in it by this chapter. The Public Utilities Commission shall have and possess all of the rights and powers and perform all of the duties vested in it by this chapter and those formerly vested by law in the Railroad and Warehouse Commission.
History:
1967 c 864 s 1; 1969 c 1031 s 1; 1980 c 614 s 103; 1Sp2001 c 4 art 6 s 27
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216A — Public Utilities Regulators › Section 216A.02 — Definitions.

216A.02 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of this chapter, the terms defined in this section have the meanings given them.
Subd. 2.
Legislative function.
"Legislative function" means the establishment and promulgation of all rules, orders and directives of general or particular applicability, governing the conduct of the regulated persons or businesses, together with such investigative procedures as are incident thereto and all other valid acts and procedures which are historically or functionally legislative in character.
Subd. 3.
Administrative function.
"Administrative function" means all duties and procedures concerning the execution and enforcement of the laws, rules, orders, directives, duties, and obligations imposed for the control and government of the persons or businesses regulated, together with investigative activities incident thereto and procedures inherently administrative or executive in character.
Subd. 4.
Quasi-judicial function.
"Quasi-judicial function" means the promulgation of all orders and directives of particular applicability governing the conduct of the regulated persons or businesses, together with procedures inherently judicial.
History:
1967 c 864 s 2; 1977 c 364 s 1
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216A — Public Utilities Regulators › Section 216A.035 — Conflict Of Interest.

216A.035 CONFLICT OF INTEREST.
(a) No person, while a member of the Public Utilities Commission, while acting as executive secretary of the commission, or while employed in a professional capacity by the commission, shall receive any income, other than dividends or other earnings from a mutual fund or trust if these earnings do not constitute a significant portion of the person's income, directly or indirectly from any public utility or other organization subject to regulation by the commission.
(b) No person is eligible to be appointed as a member of the commission if the person has been employed with an entity, or an affiliated company of an entity, that is subject to rate regulation by the commission within one year from the date when the person's term on the commission will begin.
(c) No person who is an employee of the Department of Commerce shall participate in any manner in any decision or action of the commission where that person has a direct or indirect financial interest. Each commissioner or employee of the department who is in the general professional, supervisory, or technical units established in section 179A.10 or who is a professional, supervisory, or technical employee defined as confidential in section 179A.03, subdivision 4, or who is a management classification employee and whose duties are related to public utility, telephone company, or telecommunications company regulation shall report to the Campaign Finance and Public Disclosure Board annually before April 15 any interest in an industry or business regulated by the commission. Each commissioner shall file a statement of economic interest as required by section 10A.09 with the Campaign Finance and Public Disclosure Board and the Public Utilities Commission before taking office. The statement of economic interest must state any interest that the commissioner has in an industry or business regulated by the commission.
(d) A professional employee of the commission or department must immediately disclose to the commission or to the commissioner of the department, respectively, any communication, direct or indirect, with a person who is a party to a pending proceeding before the commission regarding future benefits, compensation, or employment to be received from that person.
History:
1974 c 429 s 66; 1979 c 206 s 1; 1980 c 614 s 123; 1981 c 210 s 51; 1984 c 462 s 27; 1986 c 409 s 3; 1986 c 444; 1987 c 186 s 15; 1997 c 202 art 2 s 63; 1Sp2001 c 4 art 6 s 28
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216A — Public Utilities Regulators › Section 216A.036 — Employment Restrictions; Civil Penalty.

216A.036 EMPLOYMENT RESTRICTIONS; CIVIL PENALTY.
(a) A person who serves as (1) a commissioner of the Public Utilities Commission, (2) commissioner of commerce, or (3) deputy commissioner of commerce, shall not, while employed with or within one year after leaving the commission or department, accept employment with, receive compensation directly or indirectly from, or enter into a contractual relationship with an entity, or an affiliated company of an entity, that is subject to rate regulation by the commission.
(b) An entity or an affiliated company of an entity that is subject to rate regulation by the commission, or a person acting on behalf of the entity, shall not negotiate or offer to employ or compensate a commissioner of the Public Utilities Commission, the commissioner of commerce, or the deputy commissioner of commerce, while the person is so employed or within one year after the person leaves that employment.
(c) For the purposes of this section, "affiliated company" means a company that controls, is controlled by, or is under common control with an entity subject to rate regulation by the commission.
(d) A person who violates this section is subject to a civil penalty not to exceed $10,000 for each violation. The attorney general may bring an action in district court to collect the penalties provided in this section.
History:
1986 c 409 s 4; 1987 c 186 s 15; 1Sp2001 c 4 art 6 s 29
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216A — Public Utilities Regulators › Section 216A.04 — Executive Secretary; Commission Employees.

216A.04 EXECUTIVE SECRETARY; COMMISSION EMPLOYEES.
Subdivision 1.
Selection of executive secretary.
The commission shall appoint an executive secretary, not a member, who shall be in the unclassified service of the state and shall serve at the pleasure of the commission. The executive secretary shall take, subscribe, and file an oath similar to that required of the commissioners, and shall be subject to the same disqualifications as commissioners.
Subd. 1a.
Powers and duties of executive secretary.
The executive secretary shall:
(1) cause to be kept full and correct records of all transactions and proceedings of the commission;
(2) appoint, subject to chapter 43A and the approval of the commission, all other classified employees of the commission and supervise and direct their activities;
(3) have custody of the seal of the commission;
(4) serve as the administrative officer of the commission with responsibility for personnel, budget and other administrative details related to the work of the commission or as required by state law;
(5) prepare orders, reports, and other materials as assigned by the commission and recommend to the commission such measures as may be appropriate to achieve the objectives of the commission;
(6) advise the commission of its financial position and recommend a budget for its approval; and
(7) perform other duties as the commission directs.
Subd. 2.
Acting secretary.
The commission may designate any responsible employee to serve as acting secretary in the absence of the secretary.
Subd. 3.
Officers and employees.
The commission may establish other positions in the unclassified service if the positions meet the criteria of section 43A.08, subdivision 1a, clauses (1) to (7). The commission may employ other persons as may be necessary to carry out its functions.
Subd. 4.
Transcripts of proceedings.
Hearing reporters may provide transcripts of proceedings before the commission to persons requesting transcripts who pay a reasonable charge therefor to the reporter. The amount of the charge shall be fixed by the commission and retained by the reporter, any other law to the contrary notwithstanding.
History:
1967 c 864 s 4; 1971 c 74 s 1; 1971 c 646 s 1; 1973 c 35 s 44; 1980 c 614 s 106-108; 1981 c 210 s 54; 1982 c 560 s 51
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216A — Public Utilities Regulators › Section 216A.08 — Continuation Of Rules Of Public Service Department.

216A.08 CONTINUATION OF RULES OF PUBLIC SERVICE DEPARTMENT.
All valid rules, orders, and directives heretofore enforced, issued, or promulgated by the Public Service Department under authority of chapter 216, 216A, 216B, 216C, 218, 219, 221, 222, 237, 238, or 239 shall remain and continue in force and effect until repealed, modified, or superseded by duly authorized rules, orders, or directives of the Public Utilities Commission, the commissioner of transportation, or the commissioner of commerce.
History:
1967 c 864 s 8; 1976 c 166 s 13; 1980 c 614 s 123; 1985 c 248 s 70; 1Sp2001 c 4 art 6 s 32
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216A — Public Utilities Regulators › Section 216A.095 — Cooperation Between Department And Commission.

216A.095 COOPERATION BETWEEN DEPARTMENT AND COMMISSION.
Nothing in this chapter prevents the department or the commission from entering into agreements with each other or with other agencies to coordinate and share services, to conduct joint projects or investigations on matters within the authority and jurisdiction of the parties thereto, or to temporarily assign staff to projects requested by each other or by other agencies. The cooperative agreements may provide for the sharing of costs between the parties thereto or the reimbursement of the department or commission operating budget for expenditures made on behalf of the department or commission or agency. No cooperative effort shall interfere with the independence and integrity of either the commission or the department or any other agency that is a party.
History:
1980 c 614 s 112
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.01 — Legislative Findings.

216B.01 LEGISLATIVE FINDINGS.
It is hereby declared to be in the public interest that public utilities be regulated as hereinafter provided in order to provide the retail consumers of natural gas and electric service in this state with adequate and reliable services at reasonable rates, consistent with the financial and economic requirements of public utilities and their need to construct facilities to provide such services or to otherwise obtain energy supplies, to avoid unnecessary duplication of facilities which increase the cost of service to the consumer and to minimize disputes between public utilities which may result in inconvenience or diminish efficiency in service to the consumers. Because municipal utilities are presently effectively regulated by the residents of the municipalities which own and operate them, and cooperative electric associations are presently effectively regulated and controlled by the membership under the provisions of chapter 308A, it is deemed unnecessary to subject such utilities to regulation under this chapter except as specifically provided herein.
History:
1974 c 429 s 1; 1978 c 795 s 1; 1989 c 356 s 8
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.022 — Submetering.

216B.022 SUBMETERING.
Nothing in this chapter grants the commission or a public utility the authority to limit the availability of submetering to a building occupant when the building is served by a public utility's master meter which measures the total electric energy delivered to the building.
History:
1983 c 366 s 3
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.025 — Municipal Regulation Option.

216B.025 MUNICIPAL REGULATION OPTION.
A municipality may elect to become subject to regulation by the commission pursuant to sections 216B.10 and 216B.11. An election for regulation may be effected by resolution of the governing body requesting regulation and filed with the commission.
History:
1981 c 142 s 1
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.029 — Standards For Distribution Utilities.

216B.029 STANDARDS FOR DISTRIBUTION UTILITIES.
Subdivision 1.
Standards.
(a) The commission and each cooperative electric association and municipal utility shall adopt standards for safety, reliability, and service quality for distribution utilities. Standards for cooperative electric associations and municipal utilities should be as consistent as possible with the commission standards.
(b) Reliability standards must be based on the system average interruption frequency index, system average interruption duration index, and customer average interruption duration index measurement indices. Service quality standards must specify, if technically and administratively feasible:
(1) average call center response time;
(2) customer disconnection rate;
(3) meter-reading frequency;
(4) complaint resolution response time;
(5) service extension request response time;
(6) recording of service and circuit interrupter data;
(7) summary reporting;
(8) historical reliability performance reporting;
(9) notices of interruptions of bulk power supply facilities and other interruptions of power; and
(10) customer complaints.
(c) Minimum performance standards developed under this section must treat similarly situated distribution systems similarly and recognize differing characteristics of system design and hardware.
(d) Electric distribution utilities shall comply with all applicable governmental and industry standards required for the safety, design, construction, and operation of electric distribution facilities, including section 326B.35.
Subd. 2.
Definitions.
For the purpose of this section, the terms defined in this subdivision have the meanings given them.
(a) The "system average interruption frequency index" is the average number of interruptions per customer per year. It is determined by dividing the total annual number of customer interruptions by the average number of customers served during the year.
(b) The "system average interruption duration index" is the average customer-minutes of interruption per customer. It is determined by dividing the annual sum of customer-minutes of interruption by the average number of customers served during the year.
(c) The "customer average interruption duration index" is the average customer-minutes of interruption per customer interruption. It approximates the average length of time required to complete service restoration. It is determined by dividing the annual sum of all customer-minutes of interruption durations by the annual number of customer interruptions.
History:
2001 c 212 art 6 s 1; 2007 c 140 art 5 s 32; art 13 s 4
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.03 — Reasonable Rate.

216B.03 REASONABLE RATE.
Every rate made, demanded, or received by any public utility, or by any two or more public utilities jointly, shall be just and reasonable. Rates shall not be unreasonably preferential, unreasonably prejudicial, or discriminatory, but shall be sufficient, equitable, and consistent in application to a class of consumers. To the maximum reasonable extent, the commission shall set rates to encourage energy conservation and renewable energy use and to further the goals of sections 216B.164, 216B.241, and 216C.05. Any doubt as to reasonableness should be resolved in favor of the consumer. For rate-making purposes a public utility may treat two or more municipalities served by it as a single class wherever the populations are comparable in size or the conditions of service are similar.
History:
1974 c 429 s 3; 1983 c 179 s 4; 1987 c 312 art 1 s 10 subd 1
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.04 — Standard Of Service.

216B.04 STANDARD OF SERVICE.
Every public utility shall furnish safe, adequate, efficient, and reasonable service; provided that service shall be deemed adequate if made so within 90 days after a person requests service. Upon application by a public utility, and for good cause shown, the commission may extend the period for not to exceed another 90 days.
History:
1974 c 429 s 4
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.05 — Filing Schedules, Rules, And Service Agreements.

216B.05 FILING SCHEDULES, RULES, AND SERVICE AGREEMENTS.
Subdivision 1.
Public rate filing.
Every public utility shall file with the commission schedules showing all rates, tolls, tariffs, and charges which it has established and which are in force at the time for any service performed by it within the state, or for any service in connection therewith or performed by any public utility controlled or operated by it.
Subd. 2.
Schedule and rules filing.
Every public utility shall file with and as a part of the filings under subdivision 1, all rules that, in the judgment of the commission, in any manner affect the service or product, or the rates charged or to be charged for any service or product, as well as any contracts, agreements, or arrangements relating to the service or product or the rates to be charged for any service or product to which the schedule is applicable as the commission may by general or special order direct; provided that contracts and agreements for electric service must be filed as required by subdivision 2a.
Subd. 2a.
Electric service contract.
A contract for electric service entered into between a public utility and one of its customers, in which the public utility and the customer agree to customer-specific rates, terms, or service conditions not already contained in the approved schedules, tariffs, or rules of the utility, must be filed for approval by the commission pursuant to the commission's rules of practice. Contracts between public utilities and customers that are necessitated by specific statutes in this chapter must be filed for approval under those statutes and any rules adopted by the commission pursuant to those statutes.
Subd. 3.
Public inspection.
Every public utility shall keep copies of the filings under subdivisions 1, 2, and 2a open to public inspection under rules as the commission may prescribe.
History:
1974 c 429 s 5; 1985 c 248 s 70; 1997 c 191 art 1 s 1
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.06 — Receiving Different Compensation.

216B.06 RECEIVING DIFFERENT COMPENSATION.
No public utility shall directly or indirectly, by any device whatsoever, or in any manner, charge, demand, collect, or receive from any person a greater or less compensation for any service rendered or to be rendered by the utility than that prescribed in the schedules of rates of the public utility applicable thereto when filed in the manner provided in Laws 1974, chapter 429, nor shall any person knowingly receive or accept any service from a public utility for a compensation greater or less than that prescribed in the schedules, provided that all rates being charged and collected by a public utility upon January 1, 1975, may be continued until schedules are filed.
History:
1974 c 429 s 6; 1978 c 795 s 3
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.07 — Rate Preference Prohibited.

216B.07 RATE PREFERENCE PROHIBITED.
No public utility shall, as to rates or service, make or grant any unreasonable preference or advantage to any person or subject any person to any unreasonable prejudice or disadvantage.
History:
1974 c 429 s 7
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.075 — Meter Reading; Customer Scheduling Needs.

216B.075 METER READING; CUSTOMER SCHEDULING NEEDS.
Notwithstanding any other provision of rule or policy to the contrary, every public utility providing natural gas or electricity at retail shall make a reasonable effort to obtain readings at least once every 18 months from nonaccessible meters. Readings shall be obtained at times that meet the needs of customer schedules. Utilities shall make a reasonable effort to provide evening and Saturday or Sunday meter reading service at no extra charge to a customer whose work or other schedule makes a business hour reading of meters a hardship. Utilities may refuse to read a customer's meter during nondaylight hours if such activity could threaten the safety of the utility meter-reading employee.
A utility may also allow a customer to self-read the customer's meter for periods of time not to exceed 18 months, provided that the customer is reminded periodically of the potentially serious financial consequences of errors in self-reading.
A utility may terminate service to a customer who refuses to allow a utility company employee access to a nonaccessible meter for a period of 18 months or more.
History:
1983 c 176 s 1
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.08 — Duties Of Commission.

216B.08 DUTIES OF COMMISSION.
The commission is hereby vested with the powers, rights, functions, and jurisdiction to regulate in accordance with the provisions of Laws 1974, chapter 429 every public utility as defined herein. The exercise of such powers, rights, functions, and jurisdiction is prescribed as a duty of the commission. The commission is authorized to make rules in furtherance of the purposes of Laws 1974, chapter 429.
History:
1974 c 429 s 8; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.09 — Standards; Classifications; Rules; Practices.

216B.09 STANDARDS; CLASSIFICATIONS; RULES; PRACTICES.
Subdivision 1.
Commission authority, generally.
The commission, on its own motion or upon complaint and after reasonable notice and hearing, may ascertain and fix just and reasonable standards, classifications, rules, or practices to be observed and followed by any or all public utilities with respect to the service to be furnished.
Subd. 2.
Electric service, rules, measurement standards, grounding.
The commission, on its own motion or upon complaint and after reasonable notice and hearing, may ascertain and fix adequate and reasonable standards for the measurement of the quantity, quality, pressure, initial voltage, or other condition pertaining to the supply of the service; prescribe reasonable rules for the examination and testing of the service and for the measurement thereof; establish or approve reasonable rules, specifications, and standards to secure the accuracy of all meters, instruments, and equipment used for the measurement of any service of any public utility. In this subdivision, service standards or requirements governing any current or voltage originating from the practice of grounding of electrical systems apply to cooperative associations and municipal utilities providing or furnishing retail electric service to agricultural customers.
Subd. 3.
Filings.
Any standards, classifications, rules, or practices now or hereafter observed or followed by any public utility may be filed by it with the commission, and the same shall continue in force until amended by the public utility or until changed by the commission as herein provided.
The commission may require the filing of all rates, including rates charged to and by public utilities.
Subd. 4.
Appearance before federal agency.
The commission is empowered to appear before the Federal Energy Regulatory Commission to offer evidence and to seek appropriate relief in any case in which the rates charged consumers within the state of Minnesota may be affected.
History:
1974 c 429 s 9; 1985 c 248 s 70; 1993 c 327 s 3
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.091 — Monthly Reports.

216B.091 MONTHLY REPORTS.
(a) Each public utility must report the following data on residential customers to the commission monthly, in a format determined by the commission:
(1) number of customers;
(2) number and total amount of accounts past due;
(3) average customer past due amount;
(4) total revenue received from the low-income home energy assistance program and other sources contributing to the bills of low-income persons;
(5) average monthly bill;
(6) total sales revenue;
(7) total write-offs due to uncollectible bills;
(8) number of disconnection notices mailed;
(9) number of accounts disconnected for nonpayment;
(10) number of accounts reconnected to service; and
(11) number of accounts that remain disconnected, grouped by the duration of disconnection, as follows:
(i) 1-30 days;
(ii) 31-60 days; and
(iii) more than 60 days.
(b) Monthly reports for October through April must also include the following data:
(1) number of cold weather protection requests;
(2) number of payment arrangement requests received and granted;
(3) number of right to appeal notices mailed to customers;
(4) number of reconnect request appeals withdrawn;
(5) number of occupied heat-affected accounts disconnected for 24 hours or more for electric and natural gas service separately;
(6) number of occupied non-heat-affected accounts disconnected for 24 hours or more for electric and gas service separately;
(7) number of customers granted cold weather rule protection;
(8) number of customers disconnected who did not request cold weather rule protection; and
(9) number of customers disconnected who requested cold weather rule protection.
(c) The data reported under paragraphs (a) and (b) is presumed to be accurate upon submission and must be made available through the commission's electronic filing system. A monthly report must be filed with the commission no later than 45 days after the last day of the month for which data is reported.
History:
2007 c 57 art 2 s 11; 2008 c 162 s 1
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.0951 — Propane Prepurchase Program.

216B.0951 PROPANE PREPURCHASE PROGRAM.
Subdivision 1.
Establishment.
The commissioner of commerce shall operate, or contract to operate, a propane fuel prepurchase fuel program. The commissioner may contract at any time of the year to purchase the lesser of one-third of the liquid propane fuel consumed by low-income home energy assistance program recipients during the previous heating season or the amount that can be purchased with available funds. The propane fuel prepurchase program must be available statewide through each local agency that administers the energy assistance program. The commissioner may decide to limit or not engage in prepurchasing if the commissioner finds that there is a reasonable likelihood that prepurchasing will not provide fuel-cost savings.
Subd. 2.
Hedge account.
The commissioner may establish a hedge account with realized program savings due to prepurchasing. The account must be used to compensate program recipients an amount up to the difference in cost for fuel provided to the recipient if winter-delivered fuel prices are lower than the prepurchase or summer-fill price. No more than ten percent of the aggregate prepurchase program savings may be used to establish the hedge account.
Subd. 3.
Report.
The Department of Commerce shall issue a report by June 30, 2008, made available electronically on its website and in print upon request, that contains the following information:
(1) the cost per gallon of prepurchased fuel;
(2) the total gallons of fuel prepurchased;
(3) the average cost of propane each month between October and the following April;
(4) the number of energy assistance program households receiving prepurchased fuel; and
(5) the average savings accruing or benefit increase provided to energy assistance households.
History:
2007 c 57 art 2 s 12
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.0975 — Disconnection During Extreme Heat Conditions.

216B.0975 DISCONNECTION DURING EXTREME HEAT CONDITIONS.
A utility may not effect an involuntary disconnection of residential services in affected counties when an excessive heat watch, heat advisory, or excessive heat warning issued by the National Weather Service is in effect. For purposes of this section, "utility" means a public utility providing electric service, municipal utility, or cooperative electric association.
History:
1Sp2003 c 11 art 3 s 3
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.0976 — Notice Of Utility Disconnection.

216B.0976 NOTICE OF UTILITY DISCONNECTION.
Subdivision 1.
Notice required.
Notwithstanding section 13.685 or any other law or administrative rule to the contrary, a public utility, cooperative electric association, or municipal utility must provide notice to a statutory city or home rule charter city, and to the department, as prescribed by this section, of disconnection of a customer's gas or electric service. Upon written request from a city or the department, on October 1 and November 1 of each year, or the next business day if that date falls on a Saturday or Sunday, a report must be made available to the city or the department of the address of properties currently disconnected and the date of the disconnection. Upon written request from a city or the department, between October 1 and April 30, daily reports must be made available of the address and date of any newly disconnected properties.
A city provided notice under this section must provide the information on disconnection to the police and fire departments of the city within three business days of receipt of the notice.
For the purpose of this section, "disconnection" means a cessation of services initiated by the public utility, cooperative electric association, or municipal utility that affects the primary heat source of a residence and service is not reconnected within 24 hours.
Subd. 2.
Data.
Data on customers that are provided under subdivision 1 are private data on individuals or nonpublic data, as defined in section 13.02.
History:
2008 c 253 s 2; 1Sp2021 c 4 art 8 s 15
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.0991 — Definitions.

216B.0991 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 216B.0991 to 216B.0995, the terms defined in this section have the meanings given them.
Subd. 2.
Customer.
"Customer" means a person who has an established relationship with a propane distributor and whose propane system meets the safety guidelines established by the propane distributor for residential heating service.
Subd. 3.
LIHEAP.
"LIHEAP" means the low-income home energy assistance program.
Subd. 4.
Propane distributor.
"Propane distributor" means a person who sells propane at retail to customers as their primary residential heat source; propane distributors are not public utilities.
Subd. 5.
Residential heating service.
"Residential heating service" means the provision of the primary source of heat for the interior of a residential structure.
History:
2014 c 254 s 3
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.0992 — Price And Fee Disclosure.

216B.0992 PRICE AND FEE DISCLOSURE.
A propane distributor must provide a document listing the current per-gallon price of propane and all additional charges, fees, and discounts that pertain to residential heating service. The document must be:
(1) made available to the general public upon request; and
(2) provided to new customers before residential heating service is initiated.
History:
2014 c 254 s 4
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.0993 — Budget Payment Plan.

216B.0993 BUDGET PAYMENT PLAN.
(a) A propane distributor who offers customers a budget payment plan must make that same plan available to all customers, including those who participate in the LIHEAP program.
(b) A budget payment plan must equalize a customer's estimated annual propane bill by dividing it into equal monthly payments. Any budget plan started after the propane distributor's traditional budget plan start date will be divided by the remaining months in the budget plan year. Any positive balance remaining at the end of a year may, at the customer's discretion, be provided to the customer as a cash payment or carried over as a credit on the customer's bill for the next year.
(c) A propane distributor must notify a customer on a budget payment plan of a price or fee change that may affect the monthly amount due under the budget payment plan by more than 20 percent.
(d) A propane distributor may alter or terminate the plan if a customer has failed to pay two monthly payments during the period of the budget payment plan. In lieu of the requirements of this section, the parties may enter into a mutually agreeable plan.
History:
2014 c 254 s 5
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.0994 — Propane Purchase Contracts.

216B.0994 PROPANE PURCHASE CONTRACTS.
A propane distributor is prohibited from adding any service, distribution, transportation, or similar fees to customer billings for those customers who have entered into a contract for prepurchasing or capitated pricing of propane for the period of the contract provided that:
(1) the customer has met all obligations of that contract; and
(2) the propane distributor can receive product from its contracted supply points and a force majeure has not been declared by the propane distributor's supplier.
History:
2014 c 254 s 6
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.0995 — Terms Of Sale.

216B.0995 TERMS OF SALE.
Subdivision 1.
Cash sales.
A propane distributor with an available supply of propane must not refuse to sell propane to a customer who:
(1) pays the distributor's established price upon delivery in cash, by certified or cashier's check, or by commercial money order or its equivalent; or
(2) receives energy assistance from LIHEAP or a governmental or private agency that has funds available to pay for a delivery.
Subd. 2.
LIHEAP participation; delivery.
A propane distributor who accepts LIHEAP payments must, upon request, make available to its customers information regarding LIHEAP, including income eligibility and contact information for organizations accepting LIHEAP applications.
Subd. 3.
Third-party credit disclosure.
A propane distributor must not make known the names of past or present delinquent customers to other propane distributors, except in the course of a routine credit check performed when a prospective customer applies for credit privileges.
History:
2014 c 254 s 7
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.10 — Accounting.

216B.10 ACCOUNTING.
Subdivision 1.
System of accounts.
The commission shall establish a system of accounts to be kept by public utilities subject to its jurisdiction. A public utility which maintains its accounts in accordance with the system of accounts prescribed by a federal agency or authority shall be deemed to be in compliance with the system of accounts prescribed by the commission. Where optional accounting is prescribed by a federal agency or authority, the commission may prescribe which option is to be followed.
Subd. 2.
Other business of public utility.
Every public utility engaged directly or indirectly in any other business than that of the production, transmission or furnishing of natural gas or electric service shall, if required by the commission, keep and render separately to the commission in like manner and form the accounts of all the other business, in which case all the provisions of Laws 1974, chapter 429 shall apply to the books, accounts, papers, and records of the other business.
Subd. 3.
Manner and form.
Every public utility is required to keep and render its books, accounts, papers, and records accurately and faithfully in the manner and form prescribed by the commission, and to comply with all directions of the commission relating to these books, accounts, papers, and records.
Subd. 4.
Reports.
The commission may require any public utility to file annual reports in the form and content, having regard for the provisions of this section, as the commission may require, and special reports concerning any matter about which the commission is authorized to inquire or to keep itself informed. The commission may require the reports to be verified. The basic financial statements in the annual report of a public utility may, at the direction of the public utilities commission, be examined by an independent certified public accountant and the accountant's opinion thereof included in the annual report filed with the commission.
Subd. 5.
Audit.
The commission may require the examination and audit of all accounts, and all items shall be allocated to the accounts in the manner prescribed by the commission.
Subd. 6.
[Repealed, 1981 c 142 s 3]
History:
1974 c 429 s 10; 1980 c 614 s 123; 1986 c 444
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.105 — Customer Share Of Mercury Control Costs.

216B.105 CUSTOMER SHARE OF MERCURY CONTROL COSTS.
A utility selling electricity at retail shall report in a biannual bill insert the amount of the customer's total bill that represents the utility's capital and operating costs to control mercury emissions to the atmosphere as required under sections 216B.68 to 216B.688.
History:
2006 c 201 s 3
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.11 — Depreciation Rates And Practices.

216B.11 DEPRECIATION RATES AND PRACTICES.
The commission shall fix proper and adequate rates and methods of depreciation, amortization, or depletion in respect of utility property, and every public utility shall conform its depreciation, amortization or depletion accounts to the rates and methods fixed by the commission.
History:
1974 c 429 s 11; 1981 c 142 s 2
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.12 — Right Of Entrance; Inspection.

216B.12 RIGHT OF ENTRANCE; INSPECTION.
Subdivision 1.
Authority of commission and department.
The commissioners and the duly authorized officers and employees of the department, during business hours, may enter upon any premises occupied by any public utility for the purpose of making examinations and tests and to inspect the accounts, books, papers, and documents of any public utility for the purpose of exercising any power provided for in Laws 1974, chapter 429, and may set up and use on the premises any apparatus and appliance necessary therefor. Such public utility shall have the right to be represented at the making of the examinations, tests, and inspections. The public utility, its officers and employees, shall facilitate the examinations, tests, and inspections by giving every reasonable aid to the commissioners and any person or persons designated by the department for the duties aforesaid.
Subd. 2.
[Repealed, 1981 c 142 s 3]
History:
1974 c 429 s 12