agency-138•Minnesota Rules — Public Utilities Commission
Minnesota Rules — Public Utilities Commission
agency-138Minn. R. (Public Utilities Commission)Regulation
Chapter 4210 LARGE ENERGY FACILITIES
Minn. R. 4210.0100 [Renumbered 7847.0010]
[Renumbered 7847.0010]
Minn. R. 4210.0200 [Renumbered 7847.0020]
[Renumbered 7847.0020]
Minn. R. 4210.1100 [Renumbered 7847.0100]
[Renumbered 7847.0100]
Minn. R. 4210.1200 [Renumbered 7847.0110]
[Renumbered 7847.0110]
Minn. R. 4210.1300 [Renumbered 7847.0120]
[Renumbered 7847.0120]
Minn. R. 4210.1400 [Renumbered 7847.0130]
[Renumbered 7847.0130]
Minn. R. 4210.1500 [Renumbered 7847.0140]
[Renumbered 7847.0140]
Minn. R. 4210.1600 [Renumbered 7847.0150]
[Renumbered 7847.0150]
Minn. R. 4210.2100 [Renumbered 7847.0200]
[Renumbered 7847.0200]
Minn. R. 4210.2200 [Renumbered 7847.0210]
[Renumbered 7847.0210]
Minn. R. 4210.2300 [Renumbered 7847.0220]
[Renumbered 7847.0220]
Minn. R. 4210.2400 [Renumbered 7847.0230]
[Renumbered 7847.0230]
Minn. R. 4210.2500 [Renumbered 7847.0240]
[Renumbered 7847.0240]
Minn. R. 4210.2600 [Renumbered 7847.0250]
[Renumbered 7847.0250]
Minn. R. 4210.2700 [Renumbered 7847.0260]
[Renumbered 7847.0260]
Minn. R. 4210.2800 [Renumbered 7847.0270]
[Renumbered 7847.0270]
Minn. R. 4210.2900 [Renumbered 7847.0280]
[Renumbered 7847.0280]
Minn. R. 4210.3000 [Renumbered 7847.0290]
[Renumbered 7847.0290]
Minn. R. 4210.3100 [Renumbered 7847.0300]
[Renumbered 7847.0300]
Minn. R. 4210.3200 [Renumbered 7847.0310]
[Renumbered 7847.0310]
Minn. R. 4210.3300 [Renumbered 7847.0320]
[Renumbered 7847.0320]
Chapter 4220 POWER PLANTS AND LINES
Minn. R. 4220.0100 Repealed by subpart
Subpart 1.
[Renumbered 7849.0010, subpart 1]
Subp. 2.
[Renumbered 7849.0010, subp. 2]
Subp. 3.
[Renumbered 7849.0010, subp. 3]
Subp. 4.
[Repealed, 12 SR 2624]
Subp. 5.
[Renumbered 7849.0010, subp. 4]
Subp. 6.
[Renumbered 7849.0010, subp. 5]
Subp. 7.
[Renumbered 7849.0010, subp. 6]
Subp. 8.
[Repealed, 12 SR 2624]
Subp. 8a.
[Renumbered 7849.0010, subp. 7]
Subp. 8b.
[Renumbered 7849.0010, subp. 8]
Subp. 8c.
[Renumbered 7849.0010, subp. 9]
Subp. 9.
[Renumbered 7849.0010, subp. 10]
Subp. 10.
[Renumbered 7849.0010, subp. 11]
Subp. 11.
[Renumbered 7849.0010, subp. 12]
Subp. 12.
[Renumbered 7849.0010, subp. 13]
Subp. 13.
[Renumbered 7849.0010, subp. 14]
Subp. 14.
[Renumbered 7849.0010, subp. 15]
Subp. 15.
[Renumbered 7849.0010, subp. 16]
Subp. 16.
[Renumbered 7849.0010, subp. 17]
Subp. 17.
[Renumbered 7849.0010, subp. 18]
Subp. 18.
[Renumbered 7849.0010, subp. 19]
Subp. 18a.
[Renumbered 7849.0010, subp. 20]
Subp. 19.
[Renumbered 7849.0010, subp. 21]
Subp. 20.
[Renumbered 7849.0010, subp. 22]
Subp. 21.
[Renumbered 7849.0010, subp. 23]
Subp. 22.
[Renumbered 7849.0010, subp. 24]
Subp. 23.
[Renumbered 7849.0010, subp. 25]
Subp. 24.
[Renumbered 7849.0010, subp. 26]
Subp. 25.
[Renumbered 7849.0010, subp. 27]
Subp. 26.
[Renumbered 7849.0010, subp. 28]
Subp. 27.
[Renumbered 7849.0010, subp. 29]
Subp. 28.
[Renumbered 7849.0010, subp. 30]
Subp. 29.
[Renumbered 7849.0010, subp. 31]
Subp. 30.
[Renumbered 7849.0010, subp. 32]
Subp. 31.
[Renumbered 7849.0010, subp. 33]
Minn. R. 4220.0200 [Renumbered 7849.0020]
[Renumbered 7849.0020]
Minn. R. 4220.0300 [Renumbered 7849.0030]
[Renumbered 7849.0030]
Minn. R. 4220.1100 [Renumbered 7849.0100]
[Renumbered 7849.0100]
Minn. R. 4220.1200 [Renumbered 7849.0110]
[Renumbered 7849.0110]
Minn. R. 4220.1300 [Renumbered 7849.0120]
[Renumbered 7849.0120]
Minn. R. 4220.2100 Repealed by subpart
Subpart 1.
[Renumbered 7849.0200, subpart 1]
Subp. 2.
[Renumbered 7849.0200, subp. 2]
Subp. 3.
[Renumbered 7849.0200, subp. 3]
Subp. 4.
[Renumbered 7849.0200, subp. 4]
Subp. 5.
[Repealed, 12 SR 2624]
Subp. 6.
[Repealed, 12 SR 2624]
Subp. 7.
[Renumbered 7849.0200, subp. 5]
Subp. 8.
[Renumbered 7849.0200, subp. 6]
Minn. R. 4220.2200 [Renumbered 7849.0210]
[Renumbered 7849.0210]
Minn. R. 4220.2300 [Renumbered 7849.0220]
[Renumbered 7849.0220]
Minn. R. 4220.2350 [Renumbered 7849.0230]
[Renumbered 7849.0230]
Minn. R. 4220.2400 [Renumbered 7849.0240]
[Renumbered 7849.0240]
Minn. R. 4220.2500 [Renumbered 7849.0250]
[Renumbered 7849.0250]
Minn. R. 4220.2600 [Renumbered 7849.0260]
[Renumbered 7849.0260]
Minn. R. 4220.2700 [Renumbered 7849.0270]
[Renumbered 7849.0270]
Minn. R. 4220.2800 [Renumbered 7849.0280]
[Renumbered 7849.0280]
Minn. R. 4220.2900 [Renumbered 7849.0290]
[Renumbered 7849.0290]
Minn. R. 4220.3000 [Renumbered 7849.0300]
[Renumbered 7849.0300]
Minn. R. 4220.3100 [Renumbered 7849.0310]
[Renumbered 7849.0310]
Minn. R. 4220.3200 [Renumbered 7849.0320]
[Renumbered 7849.0320]
Minn. R. 4220.3300 [Renumbered 7849.0330]
[Renumbered 7849.0330]
Minn. R. 4220.3400 [Renumbered 7849.0340]
[Renumbered 7849.0340]
Minn. R. 4220.4100 Repealed by subpart
Subpart 1.
[Renumbered 7849.0400, subpart 1]
Subp. 2.
[Repealed, 12 SR 2624]
Subp. 3.
[Repealed, 12 SR 2624]
Subp. 3a.
[Renumbered 7849.0010, subp. 2]
Subp. 4.
[Repealed, 12 SR 2624]
Chapter 4230 GAS STORAGE AND PIPELINES
Minn. R. 4230.0100 [Renumbered 7851.0010]
[Renumbered 7851.0010]
Minn. R. 4230.0200 [Renumbered 7851.0020]
[Renumbered 7851.0020]
Minn. R. 4230.0300 [Renumbered 7851.0030]
[Renumbered 7851.0030]
Minn. R. 4230.1100 [Renumbered 7851.0100]
[Renumbered 7851.0100]
Minn. R. 4230.1200 [Renumbered 7851.0110]
[Renumbered 7851.0110]
Minn. R. 4230.1300 [Renumbered 7851.0120]
[Renumbered 7851.0120]
Minn. R. 4230.2100 [Renumbered 7851.0200]
[Renumbered 7851.0200]
Minn. R. 4230.2200 [Renumbered 7851.0210]
[Renumbered 7851.0210]
Minn. R. 4230.2300 [Renumbered 7851.0220]
[Renumbered 7851.0220]
Minn. R. 4230.2400 [Renumbered 7851.0230]
[Renumbered 7851.0230]
Minn. R. 4230.2500 [Renumbered 7851.0240]
[Renumbered 7851.0240]
Minn. R. 4230.2600 [Renumbered 7851.0250]
[Renumbered 7851.0250]
Minn. R. 4230.2700 [Renumbered 7851.0260]
[Renumbered 7851.0260]
Minn. R. 4230.2800 [Renumbered 7851.0270]
[Renumbered 7851.0270]
Minn. R. 4230.2900 [Renumbered 7851.0280]
[Renumbered 7851.0280]
Minn. R. 4230.3000 [Renumbered 7851.0290]
[Renumbered 7851.0290]
Minn. R. 4230.3100 [Renumbered 7851.0300]
[Renumbered 7851.0300]
Minn. R. 4230.3200 [Renumbered 7851.0310]
[Renumbered 7851.0310]
Minn. R. 4230.3300 [Renumbered 7851.0320]
[Renumbered 7851.0320]
Minn. R. 4230.4100 [Renumbered 7851.0330]
[Renumbered 7851.0330]
Minn. R. 4230.4200 [Renumbered 7851.0340]
[Renumbered 7851.0340]
Minn. R. 4230.4300 [Renumbered 7851.0350]
[Renumbered 7851.0350]
Minn. R. 4230.4400 [Renumbered 7851.0360]
[Renumbered 7851.0360]
Minn. R. 4230.4500 [Renumbered 7851.0370]
[Renumbered 7851.0370]
Minn. R. 4230.5100 [Renumbered 7851.0400]
[Renumbered 7851.0400]
Chapter 4240 LARGE OIL AND FUEL STORAGE FACILITIES
Minn. R. 4240.0100 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.0200 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.0300 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.1100 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.1200 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.2100 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.2200 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.2300 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.2400 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.2500 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.2600 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.2700 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.2800 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.2900 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.3000 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.3100 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.3200 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.4100 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.4200 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.4300 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.4400 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.4500 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4240.5100 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Chapter 4250 OIL; LPG; PETROLEUM
Minn. R. 4250.0100 [Renumbered 7853.0010]
[Renumbered 7853.0010]
Minn. R. 4250.0200 [Renumbered 7853.0020]
[Renumbered 7853.0020]
Minn. R. 4250.0300 [Renumbered 7853.0030]
[Renumbered 7853.0030]
Minn. R. 4250.1100 [Renumbered 7853.0100]
[Renumbered 7853.0100]
Minn. R. 4250.1200 [Renumbered 7853.0120]
[Renumbered 7853.0120]
Minn. R. 4250.1300 [Renumbered 7853.0130]
[Renumbered 7853.0130]
Minn. R. 4250.2100 [Renumbered 7853.0200]
[Renumbered 7853.0200]
Minn. R. 4250.2200 [Renumbered 7853.0210]
[Renumbered 7853.0210]
Minn. R. 4250.2300 [Renumbered 7853.0220]
[Renumbered 7853.0220]
Minn. R. 4250.2400 [Renumbered 7853.0230]
[Renumbered 7853.0230]
Minn. R. 4250.2500 [Renumbered 7853.0240]
[Renumbered 7853.0240]
Minn. R. 4250.2600 [Renumbered 7853.0250]
[Renumbered 7853.0250]
Minn. R. 4250.2700 [Renumbered 7853.0260]
[Renumbered 7853.0260]
Minn. R. 4250.2800 [Renumbered 7853.0270]
[Renumbered 7853.0270]
Minn. R. 4250.3100 [Renumbered 7853.0300]
[Renumbered 7853.0300]
Minn. R. 4250.3200 [Renumbered 7853.0310]
[Renumbered 7853.0310]
Minn. R. 4250.3300 [Renumbered 7853.0320]
[Renumbered 7853.0320]
Minn. R. 4250.3400 [Renumbered 7853.0330]
[Renumbered 7853.0330]
Minn. R. 4250.3500 [Renumbered 7853.0340]
[Renumbered 7853.0340]
Minn. R. 4250.3600 [Renumbered 7853.0400]
[Renumbered 7853.0400]
Minn. R. 4250.3650 [Renumbered 7853.0410]
[Renumbered 7853.0410]
Minn. R. 4250.3700 [Renumbered 7853.0420]
[Renumbered 7853.0420]
Minn. R. 4250.3800 [Renumbered 7853.0430]
[Renumbered 7853.0430]
Minn. R. 4250.3850 [Renumbered 7853.0440]
[Renumbered 7853.0440]
Minn. R. 4250.3900 [Renumbered 7853.0450]
[Renumbered 7853.0450]
Minn. R. 4250.4100 [Renumbered 7853.0500]
[Renumbered 7853.0500]
Minn. R. 4250.4200 [Renumbered 7853.0510]
[Renumbered 7853.0510]
Minn. R. 4250.4300 [Renumbered 7853.0520]
[Renumbered 7853.0520]
Minn. R. 4250.4400 [Renumbered 7853.0530]
[Renumbered 7853.0530]
Minn. R. 4250.4500 [Renumbered 7853.0540]
[Renumbered 7853.0540]
Minn. R. 4250.4600 [Renumbered 7853.0600]
[Renumbered 7853.0600]
Minn. R. 4250.4700 [Renumbered 7853.0610]
[Renumbered 7853.0610]
Minn. R. 4250.4800 [Renumbered 7853.0620]
[Renumbered 7853.0620]
Minn. R. 4250.4900 [Renumbered 7853.0630]
[Renumbered 7853.0630]
Minn. R. 4250.5000 [Renumbered 7853.0640]
[Renumbered 7853.0640]
Minn. R. 4250.6100 [Renumbered 7853.0700]
[Renumbered 7853.0700]
Minn. R. 4250.6200 [Renumbered 7853.0710]
[Renumbered 7853.0710]
Minn. R. 4250.6300 [Renumbered 7853.0720]
[Renumbered 7853.0720]
Minn. R. 4250.6400 [Renumbered 7853.0730]
[Renumbered 7853.0730]
Minn. R. 4250.6500 [Renumbered 7853.0740]
[Renumbered 7853.0740]
Minn. R. 4250.6600 [Renumbered 7853.0750]
[Renumbered 7853.0750]
Minn. R. 4250.6700 [Renumbered 7853.0760]
[Renumbered 7853.0760]
Minn. R. 4250.6800 [Renumbered 7853.0770]
[Renumbered 7853.0770]
Minn. R. 4250.6900 [Renumbered 7853.0780]
[Renumbered 7853.0780]
Minn. R. 4250.7000 [Renumbered 7853.0790]
[Renumbered 7853.0790]
Minn. R. 4250.8100 [Renumbered 7853.0800]
[Renumbered 7853.0800]
Chapter 4260 COAL SHIPMENT AND STORAGE
Minn. R. 4260.0100 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.0200 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.0300 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.1100 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.1200 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.2100 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.2200 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.2300 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.2400 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.2500 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.2600 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.2700 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.2800 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.2900 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.3000 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.3100 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.3200 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.3300 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.4100 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.4200 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.4300 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.4400 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.4500 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Minn. R. 4260.5100 [Repealed, L 1982 c 561 s 1]
[Repealed, L 1982 c 561 s 1]
Chapter 7810 TELEPHONE UTILITIES
Minn. R. 7810.0100 Definitions
Subpart 1. Scope.
For the purposes of this chapter, the following meanings will be ascribed to the phrases listed below.
Subp. 2. Average busy season, busy hour traffic.
"Average busy season, busy hour traffic" means the average traffic volume for the busy season, busy hours.
Subp. 3. Base rate area.
"Base rate area" means that contiguously developed portion or portions within each exchange service area as set forth in the telephone utility's tariff, maps, or descriptions. Main station service within this contiguous area is furnished at uniform rates without mileage charges.
Subp. 4. Business service.
"Business service" means telecommunications service provided a customer where the use is primarily or substantially of a business, professional, institutional, or otherwise occupational nature.
Subp. 5. Busy hour.
"Busy hour" means the two consecutive half-hours during which the greatest volume of traffic is handled in the office.
Subp. 6. Busy season.
"Busy season" means that period of the year during which the greatest volume of traffic is handled in the office.
Subp. 7. Calls.
"Calls" means customers telephone messages attempted.
Subp. 8. Central office.
"Central office" means a switching unit, in a telecommunications system which provides service to the general public, having the necessary equipment and operating arrangements for terminating and interconnecting subscriber lines and trunks or trunks only. There may be more than one central office in a building.
Subp. 9. Channel.
"Channel" means a path for communication between two or more stations or telephone utility offices, furnished in such a manner as the carrier may elect, whether by wire, radio, or a combination thereof and whether or not by a single physical facility or route.
Subp. 10. Class of service.
"Class of service" means a description of telecommunications service furnished by a customer which denotes such characteristics as nature of use (business or residence) or type of rate (flat rate or message rate). Classes of service are usually subdivided in "grades," such as individual line, two-party, or four-party.
Subp. 11. Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subp. 11a. Complete directory.
"Complete directory" means a directory that includes the information compiled under part 7810.2900, subpart 1, whether printed, electronically published, or some combination thereof. For example, a complete directory may be comprised of a printed subset of exchanges in a local calling area relevant to customers in a particular geographic area or community of interest and publication of the remainder of the local calling area either electronically or in separate printed volumes.
Subp. 12. Customer or subscriber.
"Customer or subscriber" means any person, firm, partnership, corporation, municipality, cooperative organization, governmental agency, etc., provided with telecommunications service by any telephone utility.
Subp. 13. Customer trouble report.
"Customer trouble report" means any oral or written report from a subscriber or user of telecommunications service relating to a physical defect or to difficulty or dissatisfaction with the operation of telecommunications facilities. One report shall be counted for each oral or written report received even though it may duplicate a previous report or merely involve an inquiry concerning progress on a previous report. Also, a separate report shall be counted for each telephone or PBX switchboard position reported in trouble when several items are reported by one customer at the same time, unless the group of troubles so reported is clearly related to a common cause.
Subp. 14. Exchange.
"Exchange" means a unit established by a telephone utility for which a separate local rate schedule is provided. It may consist of one or more central offices together with associated plant facilities used in furnishing telecommunication services in that area.
Subp. 15. Exchange service area.
"Exchange service area" means the geographical territory served by an exchange, usually embracing a city, town, or village and its environs.
Subp. 16.
[Repealed, L 2004 c 261 art 3 s 1]
Subp. 17.
[Repealed, L 2004 c 261 art 3 s 1]
Subp. 18.
[Repealed, L 2004 c 261 art 3 s 1]
Subp. 19. Intercept service.
"Intercept service" means a service arrangement provided by the utility whereby calls placed to a disconnected or discontinued telephone number are intercepted and the calling party is informed that the called telephone number has been disconnected, or discontinued, or changed to another number, or that calls are being received by another telephone, etc.
Subp. 20. Interexchange trunks.
"Interexchange trunks" means transmission paths, including the conductor or conductors and associated equipment, connecting two exchanges.
Subp. 21. Line.
"Line" means a general term used in the communication industry in several different senses, the most important of which are:
A. the conductor or conductors and supporting or containing structures extending between customer stations and central offices, or between central offices whether they be in the same or different communities;
B. the conductors and circuit apparatus associated with a particular communication channel; and
C. any communication channel between two points disregarding the method of its derivation.
Subp. 22. Local calling area.
"Local calling area" means the area within which telecommunication service is furnished customers under a specific schedule or exchange rates. A local calling area may include one or more exchange service areas or portions of exchange service areas.
Subp. 23. Local exchange service.
"Local exchange service" means telecommunication service provided within local exchange service areas in accordance with the tariffs. It includes the use of exchange facilities required to establish connections between stations within the exchange and between stations and the toll facilities serving the exchange.
Subp. 24. Local message.
"Local message" means a completed call between stations located within the same local calling area.
Subp. 25. Local message charge.
"Local message charge" means the charge that applies for a completed telephone call that is made when the calling station and the stations to which the connection is established are both within the same local calling area, and a local message charge is applicable.
Subp. 26. Local service charge.
"Local service charge" means the charge for furnishing facilities to enable a customer to send or receive telecommunications within the local service calling area. This local service calling area may include one or more exchange service areas.
Subp. 26a. Local service provider or LSP.
"Local service provider" or "LSP" means a telephone company or telecommunications carrier providing local service in Minnesota pursuant to a certificate of authority granted by the commission. Local service provider includes both local exchange carriers and competitive local exchange carriers.
Subp. 27. Long distance telecommunications service.
"Long distance telecommunications service" means that part of the total communication service rendered by a utility which is furnished between customers in different local service areas in accordance with the rates and regulations specified in the utility's tariff.
Subp. 28. Message.
"Message" means a completed customer telephone communication.
Subp. 29. Outside plant.
"Outside plant" means the telecommunications equipment and facilities installed on, along, over, or under streets, alleys, highways, or on private rights-of-way between the central office and customers' locations or between central offices.
Subp. 30.
[Repealed, L 2004 c 261 art 3 s 1]
Subp. 31. Public telephone service.
"Public telephone service" means an individual line customer service equipped with a coin collecting telephone instrument installed for the use of the general public in locations where the general public has access to these telephones.
Subp. 32.
[Repealed, L 2004 c 261 art 3 s 1]
Subp. 33.
[Repealed, L 2004 c 261 art 3 s 1]
Subp. 34. Subscriber line.
"Subscriber line" means the wires or channels used to connect the telephone equipment at the subscriber's premises with the central office.
Subp. 35. Switching service.
"Switching service" means switching performed for service station lines.
Subp. 36. Tariff.
"Tariff" means the entire body of rates, tolls, rentals, charges, classifications, and rules, adopted and filed with the commission by a telephone utility or other carriers.
Subp. 37. Telephone utility.
"Telephone utility" means any person, firm, partnership, cooperative organization, or corporation engaged in the furnishing of telecommunication service to the public under the jurisdiction of the commission.
Subp. 38. Toll connecting trunks.
"Toll connecting trunks" means a general classification of trunks carrying toll traffic and ordinarily extending between a local office and a toll office, except trunks classified as tributary circuits.
Subp. 39.
[Repealed, L 2004 c 261 art 3 s 1]
Subp. 40. Traffic.
"Traffic" means a telephone call volume, based on number and duration of messages.
History
- Statutory Authority: MS s 237.10; 237.16
- History: L 2004 c 261 art 3 s 1; 40 SR 47
Minn. R. 7810.0200 Scope
This chapter shall apply to any telephone utility operating within the state of Minnesota, under the jurisdiction of the Public Utilities Commission. This chapter governs the furnishing of communications service and facilities to the public by communications utilities subject to the jurisdiction of the commission. The purpose of this chapter is to establish reasonable service standards to the end that adequate and satisfactory service will be rendered to the public.
If unreasonable hardship to a utility or to a customer results from the application of any rule herein prescribed, application may be made to the commission for the modification of the rule or for temporary or permanent exemption from its requirements.
The adoption of this chapter shall in no way preclude the commission from altering or amending it, pursuant to its statutory procedure, or from making such modifications with respect to its application as may be found necessary to meet exceptional conditions.
This chapter shall in no way relieve any utility from any of its duties under the laws of this state or from any other rules or directives of this commission.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.0300 Statutory Authority
The Public Utilities Commission law provides that the commission shall have the power to make such reasonable rules as it deems necessary to carry out the provisions of this law and any other law relating to the commission.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.0400 Retention of Records
Each telephone utility shall maintain records of its operations in sufficient detail to permit review of its service performance, and such records shall be made available to the commission upon request. All records required by this chapter shall be preserved for the period of time specified in the current edition of the Federal Communications Commission's records retention schedule, unless otherwise specified by the commission.
History
- Statutory Authority: MS s 237.10; 237.11
Minn. R. 7810.0500 Data to Be Filed with the Commission
Subpart 1. Tariffs.
Each telephone utility shall have its tariff on file with the commission in accordance with the rules governing the filing of tariffs as prescribed by the commission.
Subp. 2. Exchange maps.
Each telephone utility shall have on file with the commission an exchange area boundary map for each of its exchanges within the state. Each map shall clearly show the boundary lines of the area which the telephone utility holds itself out to serve in connection with the exchange. Exchange boundary lines shall be located by appropriate measurement to an identifiable location where that portion of the boundary line is not otherwise located on section lines, waterways, railroads, roads, etc. Maps shall include location of highways, section lines, geographic township and range lines, railroads, and water ways outside municipalities. Maps generally shall contain detail as shown on county highway maps. The map scale and other detail shall be shown as required by the commission. Data associated with the exchange map shall be immediately available for public information at each business office for the area served by said office. Each telephone utility filing an original or revised map shall submit proof of notice of the proposed boundary to any other telephone utility adjoining the area in which a boundary line is to be established or changed.
Subp. 3. Service reports.
Each utility shall furnish to the commission, at such times and in such form as the commission may require, the results of any tests, summaries, or records. The utility shall also furnish the commission with any information concerning the utility's facilities or operations which may be requested.
History
- Statutory Authority: MS s 237.07; 237.10; 237.11; 237.16
Minn. R. 7810.0600 Report to Commission on Service Disruption
Each telephone utility shall report promptly to the commission any specific occurrence or development which disrupts the service of a substantial number of its customers or which may impair the utility's ability to furnish service to a substantial number of customers.
History
- Statutory Authority: MS s 237.10; 237.11
Minn. R. 7810.0700 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7810.0800 [Repealed, L 2008 c 173 s 1]
[Repealed, L 2008 c 173 s 1]
Minn. R. 7810.0900 Location of Records
Unless otherwise authorized by the commission, all records required by this chapter shall be kept within the state or shall be made available to the commission or its authorized representatives at any time upon request.
History
- Statutory Authority: MS s 237.10; 237.11
Minn. R. 7810.1000 Information Available to Customer and Public
Subpart 1. Access to information provided.
Business offices shall be staffed to provide customers and others with convenient access to qualified personnel, including supervisory personnel where warranted, to provide information relating to services and rates, accept and process applications for service, explain charges on customers' bills, adjust charges made in error and to generally act as representatives of the utility. If one business office serves several communities, toll-free calling from such communities to that office shall be provided.
Subp. 2. Information available to public.
Access to the following information shall be made available at the business office upon request:
A. copies of all tariffs as described in this chapter applicable to the area served by the business office;
B. maps showing exchange, base rate area and zone boundaries, if applicable, in sufficient size and detail from which all customer locations can be determined and mileage or zone charges quoted;
C. publicly announced information as to the present intended future availability of specific classes of service at an applicant's location;
D. publicly announced information concerning plans for major service changes in the area served by the business office; and
E. information pertaining to services and rates as proposed in pending tariff or rate change filing.
History
- Statutory Authority: MS s 237.07; 237.10; 237.11
Minn. R. 7810.1100 Complaint Procedures
Subpart 1. Personnel available to hear inquiries and complaints.
The utility shall establish such procedures whereby qualified personnel shall be available during regular business hours to receive and, if possible, resolve all customer inquiries, requests, and complaints.
Subp. 2. Investigation of complaints.
If any complaint cannot be promptly resolved, the utility shall contact the customer within five business days and at least once every 14 calendar days thereafter, and advise the customer regarding the status of its investigation until: the complaint is mutually resolved; or the utility advises the customer of the results of its investigation and final disposition of the matter; or the customer files a written complaint with the Public Utilities Commission or the courts.
Subp. 3. Notification to Public Utilities Commission of complaint.
When the Public Utilities Commission forwards a customer complaint to the utility, the utility shall notify the commission within five business days regarding the status or disposition of the complaint.
History
- Statutory Authority: MS s 237.07; 237.10; 237.11
Minn. R. 7810.1200 Record of Complaint
Each utility shall keep a record of all complaints received by it from its customers which shall be classified as directed by the Public Utilities Commission. The record shall show the name and address of the customer, the date and nature of the complaint, and its disposition and date thereof. The utility shall keep records of the customer complaints in such a manner as will enable it to review and analyze its procedures and actions.
History
- Statutory Authority: MS s 237.07; 237.10; 237.11
Minn. R. 7810.1300 [Repealed, L 2008 c 173 s 1]
[Repealed, L 2008 c 173 s 1]
Minn. R. 7810.1400 Customer Billing
Subpart 1. Bill.
Bills to customers shall be typed or machine-printed, rendered regularly, and shall contain an itemized listing of all charges and the period of time covered by the billing. Statements itemizing message toll charges shall be included in bills to customer.
Subp. 2. Adjustment of bill due to interruption of service.
In the event a customer's service is interrupted otherwise than by negligence or willful act of the customer and it remains out of order for 24 hours after being reported to the utility, adjustments shall be made to the customer, based upon the pro rata part of the month's charge for the period of days and that portion of the service and facilities rendered useless or inoperative. The refund may be accomplished by a credit on a subsequent bill for telephone service. If in the case of such interruption, service is restored on or before the day after it is reported or found by the company, no allowance will be made.
Subp. 3. Explanation of rates and charges.
Upon the request of any customer or applicant, the utility shall provide an explanation of the rates, charges, and provisions applicable to the service furnished or available to such customer or applicant, and shall provide any information and assistance necessary to enable that person to obtain the most economical communications service conforming to the person's stated needs. Applicants for telephone service shall be advised as to alternate services available to meet their stated communications requirements. This information may include printed explanations of alternate services and rates. Correspondingly, the utility shall notify its customers of any services and shall provide an estimate of the initial billing for basic monthly service, including fractional monthly amounts, plus any other applicable charges.
History
- Statutory Authority: MS s 237.10
- History: 17 SR 1279
Minn. R. 7810.1500 Deposit and Guarantee Requirements
The utility may require a deposit or guarantee of payment from any customer or applicant who has not established good credit with that utility. Deposit or guarantee of payment requirements as prescribed by the utility must be based upon standards which bear a reasonable relationship to the assurance of payment. The utility may determine whether a customer has established good credit with that utility, except as herein restricted:
A. A customer, who within the last 12 months has not had service disconnected for nonpayment of a bill and has not been liable for disconnection of service for nonpayment of a bill, and the bill is not in dispute, shall be deemed to have established good credit.
B. A utility shall not require a deposit or a guarantee of payment based upon income, home ownership, residential location, employment tenure, nature of occupation, race, color, creed, sex, marital status, age, national origin, or any other criteria which does not bear a reasonable relationship to the assurance of payment or which is not authorized by this chapter.
C. No utility shall use any credit reports other than those reflecting the purchase of utility services to determine the adequacy of a customer's credit history without the permission in writing of the customer. Any credit history so used shall be mailed to the customer in order to provide the customer an opportunity to review the data. Refusal of a customer to permit use of a credit rating or credit service other than that of a utility shall not affect the determination by the utility as to that customer's credit history.
History
- Statutory Authority: MS s 237.10
- History: 17 SR 1279
Minn. R. 7810.1600 Deposit
When required, a customer may assure payment by submitting a deposit. A deposit shall not exceed an estimated two months' gross bill or existing two months' bill where applicable. All deposits shall be in addition to payment of an outstanding bill or a part of such bill as has been resolved to the satisfaction of the utility, except where such bill has been discharged in bankruptcy. A utility shall not require a deposit or a guarantee of payment without explaining in writing why that deposit or guarantee is being required and under what conditions, if any, the deposit will be diminished upon return. The deposit shall be refunded to the customer after 12 consecutive months of prompt payment of all bills to that utility. The utility may, at its option, refund the deposit by direct payment or as a credit on the bill. With notice any deposit of a customer shall be applied by the utility to a bill when the bill has been determined by the utility to be delinquent. Each utility shall issue a written receipt of deposit to each customer from whom a deposit is received and shall provide a means whereby a depositor may establish a claim if the receipt is unavailable.
Interest shall be paid on deposits in excess of $20 at the rate of six percent per year. Interest on deposits shall be payable from the date of deposit to the date of refund or disconnection. The utility may, at its option, pay the interest at intervals it chooses but at least annually, by direct payment, or as a credit on bills.
Upon termination of service, the deposit with accrued interest shall be credited to the final bill and the balance shall be returned within 45 days to the customer.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.1700 Guarantee of Payment
The utility may accept, in lieu of a deposit, a contract signed by a guarantor satisfactory to the utility whereby payment of a specified sum not exceeding the deposit requirement is guaranteed. The term of such contract shall be for no longer than 12 months, but shall automatically terminate after the customer has closed and paid the account with the utility, or at the guarantor's request upon 60 days' written notice to the utility. Upon termination of a guarantee contract or whenever the utility deems same insufficient as to amount or surety, a cash deposit or a new or additional guarantee may be required for good cause upon reasonable written notice to the customer. The service of any customer who fails to comply with these requirements may be disconnected upon notice as prescribed in part 7810.2300. The utility shall mail the guarantor copies of all disconnect notices sent to the customer whose account the guarantor has guaranteed unless the guarantor waives such notice in writing.
History
- Statutory Authority: MS s 237.10
- History: 17 SR 1279
Minn. R. 7810.1800 Permissible Service Disconnections with Notice
With notice a utility may disconnect service to any customer for any reason stated below. Notice must comply with the requirements of part 7810.2300:
A. for failure of the customer to pay a bill for utility service when due;
B. for failure of the customer to meet the utility's deposit and credit requirements;
C. for failure of the customer to make proper application for service;
D. for customer's violation of any of the utility's rules on file with the commission;
E. for failure of the customer to provide the utility reasonable access to its equipment and property;
F. for customer's breach of the contract for service between the utility and the customer;
G. for a failure of the customer to furnish such service, equipment, and/or rights-of-way necessary to serve said customer as shall have been specified by the utility as a condition of obtaining service; or
H. when necessary for the utility to comply with any order or request of any governmental authority having jurisdiction.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.1900 Permissible Service Disconnections Without Notice
Without notice a utility may disconnect service to any customer for any reason stated below:
A. in the event of tampering with the utility's equipment;
B. in the event of a condition determined to be hazardous to the customer, to other customers of the utility, to the utility's equipment, the public, or to employees of the utility; or
C. in the event of a customer's use of equipment in such a manner as to adversely affect the utility's equipment or the utility's service to others.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.2000 Nonpermissible Reasons to Disconnect Service
A utility may not disconnect service to any customer for any reason stated below:
A. delinquency in payment for services rendered to a previous customer who occupied the premises unless said customer continues to occupy the premises;
B. failure to pay for equipment or service not approved by the commission as an integral part of the utility service; or
C. failure to pay for a bill to correct a previous underbilling due to an inaccurate meter or billing error if the customer agrees to payment over a reasonable period of time. Failure to pay for business service at a different location and a different telephone number shall not constitute sufficient cause for disconnection of residence service or vice versa.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.2100 Manner of Disconnection
Service shall not be disconnected on any Friday, Saturday, Sunday, or legal holiday, or at any time when the utility's business offices are not open to the public, except where an emergency exists.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.2200 Reconnection of Service
In the event service has been disconnected for valid cause by the utility, the utility may charge a reconnect fee based on the cost of reconnection as stated in the utility's tariff on file with the commission. Notwithstanding the above provision, the utility shall not charge a reconnect fee for disconnection of service pursuant to part 7810.1900, item B, except if the hazard is caused by customer provided equipment.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.2300 Notice Requirements
All notices required by this chapter must precede the action to be taken by at least five days excluding Sundays and legal holidays. No notice may be given until the condition of which it informs presently exists. When required by this chapter, notice of impending action by the utility shall be by first class mail. Notice shall be sent to the address where service is rendered or to the address where the bill is sent if different from the address where service is rendered.
In lieu of mailing, notices may be delivered by a representative of the utility. Such notices must be in writing and receipt of them must be signed by the customer, if present, or some other member of the customer's family of responsible age, or the utility representative must make an affidavit under oath that the utility representative delivered the notice to the customer, or the customer's residence or business. A record of all notices and all affidavits required by this chapter must be kept on file by the utility and must be made available to the commission. Disconnection notices shall contain the date on or after which disconnection will occur, reason for disconnection, and methods of avoiding disconnection in normal, easy-to-understand language.
History
- Statutory Authority: MS s 237.10
- History: 17 SR 1279
Minn. R. 7810.2400 Bill Disputes
Whenever the customer advises the utility's designated representative prior to the disconnection of service that any part of the bill as rendered or any part of the service which affects the amount of the bill is in dispute, the utility shall: investigate the dispute promptly; advise customer of investigation and its result; attempt to resolve dispute; withhold disconnection of service until the investigation is completed and the customer is informed of the findings of fact. Upon the findings of the utility, the customer must submit payment in full of any bill which is due. If the dispute is not resolved to the satisfaction of the customer, the customer must submit the entire payment and may designate the disputed portion to be placed in escrow with the utility. Such payment shall be called an escrow payment.
History
- Statutory Authority: MS s 237.10
- History: 17 SR 1279
Minn. R. 7810.2500 Escrow Payments
To submit a payment in escrow, the customer shall make payment of the amount due as shown on the bill through an escrow payment form clearly marked and provided by the utility. The escrow payment form must provide space for the customer to explain why the utility's resolution of the dispute is unsatisfactory to the customer. The form must be in three copies, one of which will be retained by the customer. A copy of the escrow payment form must be forwarded by the customer to the Public Utilities Commission. By submitting the escrow payment form to the commission, the customer is deemed to have filed an informal complaint against the utility, pursuant to the commission's rules of practice, parts 7829.0100 to 7829.3200. Any escrow payment to the utility may be applied by the utility as any normal payment received by the utility. After escrow payment has been made, the customer and the utility may still resolve the dispute to their mutual satisfaction.
Upon settlement of the dispute, any sums to which the customer is found to be entitled must be refunded to the customer and must be supplemented by a six percent per annum interest charge from the date of payment to the date of return by the utility.
History
- Statutory Authority: MS s 237.10
- History: 26 SR 1438
Minn. R. 7810.2600 Waiving Right to Disconnect; Emergency Status
A customer may apply to the utility to waive its rights to disconnect. If the utility refuses to waive its right to disconnect, the customer may apply to the commission for emergency status. If the commission determines a customer has a probable hardship which may result in the disconnection of service for nonpayment, it may declare an emergency status to exist and order the utility to continue service for a period not to exceed 30 days.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.2700 [Repealed, L 2008 c 173 s 1]
[Repealed, L 2008 c 173 s 1]
Minn. R. 7810.2800 Delay in Initial Service or Upgrade
During such periods of time as telephone utilities may not be able to supply initial telephone service to an applicant or upgrade existing customers within 30 days after the day applicant desires service, the telephone utility shall keep a record by exchanges showing the name and address of each applicant for service, the date of application, date service desired, the class and grade of service applied for, together with the reason for the inability to provide the new service or higher grade to the applicant. When, because of shortage of facilities, a utility is unable to supply main telephone service on dates requested by applicants, first priority shall be given to furnishing those services which are essential to public health and safety. In cases of prolonged shortage or other emergency, the commission may require establishment of a priority plan subject to its approval for clearing held orders, and may request periodic reports concerning the progress being made. Ninety percent of the utility's commitments to customers as to the date of installation of regular service orders shall be met excepting customer-caused delays and acts of God.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.2900 Format, Content, and Distribution of Directories
Subpart 1. Basic requirements.
Telephone directories shall be regularly compiled, and shall contain each customer's name, telephone number, and, if practical, address, except public telephones and numbers unlisted at the customer's request. Upon issuance, a local service provider shall provide to all customers served by that directory a complete directory consistent with the customer option provisions of part 7810.2950. Upon commission request, a local service provider shall furnish to the commission a copy of each directory issued, whether printed or electronic.
Subp. 2. Printed directories.
Printed directories shall:
A. display on the front cover the name of the local service provider, the area included in the directory, and the year and month of issue;
B. display in the front portion of the directory information pertaining to emergency calls, including information for police and fire departments; and
C. contain instructions, appropriate to the area served by the directory, concerning placing local and long distance calls, calls to repair and directory assistance services, calls to local, state, and federal government offices, and the location of local service provider business offices.
Subp. 3. Electronically published directories.
A local service provider shall only direct its customers to an electronically published directory that complies with subpart 1 and part 7810.2950. Electronically published directories shall:
A. display the name of the local service provider;
B. display information pertaining to emergency calls, including information for police and fire departments;
C. display instructions concerning placing local and long distance calls, calls to repair and directory assistance services, calls to local, state, and federal government offices, and the location of local service provider business offices; and
D. be prominently displayed on and accessible from the company's website.
History
- Statutory Authority: MS s 237.10; 237.16
- History: 40 SR 47
Minn. R. 7810.2950 Directories; Customer Option
A local service provider may publish printed or electronic directories, or some combination thereof. A local service provider that does not make an electronic directory available shall distribute a printed directory to each customer, except where an offer is made and explicitly refused by the customer. A local service provider that publishes an electronic directory shall provide, at least as often as print directories are issued, notice to customers of the availability of an electronic directory, instructions explaining how the electronic directory may be accessed, notice that a printed directory is available on request, and instructions explaining how to make a request for a printed directory. A local service provider that publishes an electronic directory must deliver a printed directory if requested by the customer. A local service provider shall not:
A. require customers to divulge any personally identifiable information, except name and delivery address, in order to request a complete directory that is printed or contained on a portable physical electronic medium;
B. require users to create an account or log in, or otherwise provide any personally identifiable information in order to access an electronic directory;
C. obtain, use, or retain any personally identifiable information from customer use of or request for a directory, except for the limited purpose of providing a directory in the requested format; or
D. market services, including through its affiliate or publisher, other than directories to requesting customers.
History
- Statutory Authority: MS s 237.10; 237.16
- History: 40 SR 47
Minn. R. 7810.3000 Directory Assistance
Directory assistance or intercept operators shall maintain records of all telephone numbers (except telephone numbers not listed or published at customer request) in the area for which they are responsible for furnishing directory assistance service.
Each telephone utility shall make every effort to list its customers with directory assistance as necessary for the directory assistance operators to provide the requested telephone numbers based on customer names and post office addresses to eliminate "not found" numbers where the address is different from the address normally associated with an exchange directory.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.3100 Changes or Error of Listed Number
In the event of an error in the listed number of any customer, the telephone utility shall intercept all calls to the listed number for a reasonable period of time provided existing central office equipment will permit and the number is not in service. In the event of an error or omission in the name listing of a customer, such customer's correct name and telephone number shall be in the files of the information or intercept operators and the correct number furnished the calling party, either upon request or interception.
Whenever any customer's telephone number is changed after a directory is published, the utility shall intercept all calls to the former number for a reasonable period of time, and give the calling party the new number, provided existing central office equipment will permit, and the customer so desires. Provided, however, the telephone utility may refuse to take such action for good and sufficient reason.
When additions or changes in plant, records, or operations which will necessitate a large group of number changes are scheduled, reasonable notice shall be given to all customers so affected even though the additions or changes may be coincident with a directory issue.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.3200 Construction of Telephone Plant
Construction of a telephone plant shall be subject to the provisions of the current National Electrical Safety Code or such other appropriate regulation as may be prescribed.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.3300 Maintenance of Plant and Equipment
Each telephone utility shall adopt and pursue a maintenance program aimed at achieving efficient operation of its system so as to permit the rendering of safe and adequate service. Maintenance shall include keeping all plant and equipment in good state of repair consistent with safety and adequate service performance. Broken, damaged, or deteriorated parts which are no longer serviceable shall be repaired or replaced. Adjustable apparatus and equipment shall be readjusted as necessary when found by preventive routines or fault location tests to be in unsatisfactory operating condition. Electrical faults, such as leakage or poor insulation, noise, induction, cross talk, or poor transmission characteristics, shall be corrected to the extent practicable within the design capability of the plant affected.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.3400 Repealed by subpart
Subpart 1.
[Repealed, L 2004 c 261 art 3 s 1]
Subp. 2.
[Repealed, 26 SR 1438; L 2004 c 261 art 3 s 1]
Minn. R. 7810.3500 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7810.3600 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7810.3700 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7810.3800 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7810.3900 Emergency Operations
Each telephone utility shall make reasonable provisions to meet emergencies resulting from failures of lighting or power service, sudden and prolonged increases in traffic, illness of operators, or from fire, storm, or acts of God, and each telephone utility shall inform employees as to procedures to be followed in the event of emergency in order to prevent or mitigate interruption or impairment of telecommunications service. It is essential that all companies shall make reasonable provisions for emergency power. In offices without installed emergency power facilities, there shall be a mobile power unit available which can be delivered on short notice, and which can be readily connected. Each central office shall contain as a minimum four hours of battery reserve. In exchanges exceeding 5,000 lines, a permanent auxiliary power unit shall be installed.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.4000 [Repealed, L 2008 c 173 s 1]
[Repealed, L 2008 c 173 s 1]
Minn. R. 7810.4100 Access to Test Facilities
Each telephone utility shall provide or have access to test facilities which will enable it to determine the operating and transmission capabilities of circuit and switching equipment, either for routine maintenance or for fault location.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.4200 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7810.4300 Accuracy Requirements
All meters and/or recording devices used to record data and prepare customers' bills shall be in good mechanical and electrical condition, shall be accurately read, and shall not involve approximations. All meters and/or recording devices shall accurately perform the following.
For message rate service, where timing of length of message is not involved, the meter and/or recording device shall show accurately the number of completed messages sent by the station which it is measuring. For message rate and/or toll service when in addition to recording the calls it is necessary to time the calls, the meter and/or recording device shall show accurately the number of calls and the talking time involved in each call and the station making such call. When the recording equipment provides coded information that is used to automatically prepare customer bills, accurate interpretation of such coded information is required.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.4400 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7810.4500 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7810.4600 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7810.4700 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7810.4800 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7810.4900 Adequacy of Service
Each utility shall employ reasonable engineering and administrative procedures to determine the adequacy of service being provided to the customer. Traffic studies shall be made and records maintained to the extent and frequency necessary to determine that sufficient equipment and an adequate operating force are provided during the busy hour, busy season. Each telephone utility shall provide emergency service in all exchanges operated in which regular service is not available at certain periods during the 24 hours of the day. When service is not continuous for the full 24-hour day, proper arrangements shall be made for handling emergency calls during the off-periods by the use of alarms maintained in proper conditions with someone conveniently available so that emergency calls will be given prompt attention.
Each utility shall employ adequate procedures for assignment of facilities. The assignment record shall be kept up to date and checked periodically to determine if adjustments are necessary to maintain proper balance in all groups.
History
- Statutory Authority: MS s 237.081; 237.10
Minn. R. 7810.5000 Utility Obligations
Each telephone utility shall provide telephone service to the public in its service area in accordance with its rules and tariffs on file with the commission. Such service shall meet or exceed the standards set forth in this chapter. Each telephone utility has the obligation of continually reviewing its operations to assure the furnishing of adequate service. Each telephone utility shall maintain records of its operations in sufficient detail as is necessary to permit such review and such records shall be made available for inspection by the commission upon request at any time within the period prescribed for retention of such records. Each utility shall make measurements to determine the level of service for each item included in these rules. Each utility shall provide the commission or its staff with the measurements and summaries thereof for any of the items included herein on request of the commission or its staff. Records of these measurements and summaries shall be retained by the utility as specified by the commission.
Where a telephone utility is generally operated in conjunction with any other enterprise, suitable records shall be maintained so that the results of the telephone operation may be determined upon reasonable notice and request by the commission.
History
- Statutory Authority: MS s 237.081; 237.10
Minn. R. 7810.5100 Telephone Operators
Suitable practices shall be adopted by each telephone utility concerning the operating methods to be employed by operators with the objective of providing efficient and pleasing service to the customers. Telephone operators shall be instructed to be courteous, considerate, and efficient in the handling of all calls, and to comply with the provisions of the Communications Act of 1934 in maintaining the secrecy of communications. All operator-handled calls shall be carefully supervised and disconnects made promptly. When an operator is notified by a customer that the customer has reached a wrong number on a direct-dialed call, the customer shall be given a bill credit when the claim has been substantiated.
History
- Statutory Authority: MS s 237.081; 237.10
- History: 17 SR 1279
Minn. R. 7810.5200 Answering Time
Adequate forces shall be provided at local manual offices in order to assure that 95 percent of the calls will be answered within ten seconds. Ninety percent of repair service calls, calls to the business office, and other calls shall be answered within 20 seconds. An "answer" shall mean that the operator or representative is ready to render assistance and/or ready to accept information necessary to process the call. An acknowledgment that the customer is waiting on the line shall not constitute an answer.
History
- Statutory Authority: MS s 237.081; 237.10
Minn. R. 7810.5300 Dial Service Requirements
Sufficient central office capacity and equipment shall be provided to meet the following minimum requirements during average busy season, busy hour:
A. Dial tone within three seconds on at least 98 percent of telephone calls. Dial tone delays of more than 2.6 percent of calls on a continuing basis indicates a need for investigative or corrective action.
B. Complete dialing of called numbers on at least 97 percent of telephone calls without encountering an all-trunks busy condition within the central office.
History
- Statutory Authority: MS s 237.081; 237.10
Minn. R. 7810.5400 Interoffice Trunks
Local interoffice trunks shall be provided so that at least 95 percent of telephone calls offered to the group will not encounter an all-trunks-busy condition. For toll connecting trunks, this figure shall be at least 97 percent. When the completion rate falls below 95 percent on a continuing basis investigative or corrective action should be initiated.
History
- Statutory Authority: MS s 237.081; 237.10
Minn. R. 7810.5500 Transmission Requirements
Telephone utilities shall furnish and maintain adequate plant, equipment, and facilities to provide satisfactory transmission of communications between customers in their service areas. Transmission shall be at adequate volume levels and free of excessive distortion. Levels of noise and cross talk shall be such as not to impair communications.
History
- Statutory Authority: MS s 237.081; 237.10
Minn. R. 7810.5600 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7810.5700 [Repealed, L 2008 c 173 s 1]
[Repealed, L 2008 c 173 s 1]
Minn. R. 7810.5800 Interruptions of Service
Each telephone utility shall make all reasonable efforts to prevent interruptions of service. When interruptions occur, the utility shall reestablish service with the shortest possible delay. The minimum objective should be to clear 95 percent of all out-of-service troubles within 24 hours of the time such troubles are reported. In the event that service must be interrupted for purposes of working on the lines or equipment, the work shall be done at a time which will cause minimal inconvenience to customers. Each utility shall attempt to notify each affected customer in advance of the interruption. Emergency service shall be available, as required, for the duration of the interruption.
Every telephone utility shall inform the commission, as soon as possible, of any major catastrophe such as that caused by fire, flood, violent wind storms, or other acts of God which apparently will result in prolonged and serious interruption of service to a large number of customers.
History
- Statutory Authority: MS s 237.081; 237.10
Minn. R. 7810.5900 Customer Trouble Reports
Arrangements shall be made to receive customer trouble reports 24 hours daily and to clear trouble of an emergency nature at all hours, consistent with the bona fide needs of the customer and personal safety of utility personnel.
Each telephone utility shall maintain an accurate record of trouble reports made by its customers. This record shall include appropriate identification of the customer or service affected, the time, date, and nature of the report, the action taken to clear trouble or satisfy the complaint, and the date and time of trouble clearance or other disposition. This record shall be available to the commission or its authorized representatives upon request at any time within the period prescribed for retention of such records.
It shall be the objective to so maintain service that the average rate of all customer trouble reports in an exchange is no greater than 6.5 per 100 telephones per month. A customer trouble report rate of more than 8.0 per 100 telephones per month by repair bureau on a continuing basis indicates a need for investigative or corrective action.
History
- Statutory Authority: MS s 237.081; 237.10
Minn. R. 7810.6000 Protective Measures
Each utility shall exercise reasonable care to reduce the hazards to which its employees, its customers, and the general public may be subjected. The utility shall give reasonable assistance to the commission in the investigation of the cause of accidents and in the determination of suitable means of preventing accidents.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.6100 Safety Program
Each utility shall adopt and execute a safety program, fitted to the size and type of its operations. As a minimum, the safety program should:
A. require employees to use suitable tools and equipment in order that they may perform their work in a safe manner;
B. instruct employees in safe methods of performing their work; and
C. instruct employees who, in the course of their work, are subject to the hazard of electrical shock, asphyxiation, or drowning, in accepted methods of artificial respiration.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.6200 [Repealed, L 2008 c 173 s 1]
[Repealed, L 2008 c 173 s 1]
Minn. R. 7810.6300 [Repealed, L 2008 c 173 s 1]
[Repealed, L 2008 c 173 s 1]
Minn. R. 7810.6400 Uniform System of Accounting
A telephone company shall maintain its records and accounts in accordance with the applicable uniform system of accounts, and shall file its annual report for the previous calendar year on or before May 1 of each year on the report forms furnished by the commission. Applicable schedules of such report forms shall be completed in full.
Class A and class B telephone companies shall maintain their accounts in accordance with the uniform systems of accounts for class A and class B telephone companies prescribed by the Federal Communications Commission. Class C telephone companies shall maintain their accounts in accordance with the uniform system of accounts for telephone companies prescribed by this commission. Class D telephone companies shall maintain such records as will enable them to complete the annual report form prescribed and furnished by the commission.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.6500 [Repealed, L 2008 c 173 s 1]
[Repealed, L 2008 c 173 s 1]
Minn. R. 7810.6600 Definitions
Subpart 1. Scope.
For the purpose of parts 7810.6600 to 7810.6800, the following definitions shall apply.
Subp. 2. Lobbying expenditure.
"Lobbying expenditure" means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made for the purpose of influencing legislation or administrative action or supporting the election of any candidate to office. Lobbying expenditures also include the pro rata portion of salaries of lobbyists which represents the portion of their duties related to lobbying.
Subp. 3. Lobbyist.
"Lobbyist" means any individual or association engaged for pay or other consideration or authorized by a telephone utility to spend money who, during a calendar year, spends more than five hours in any month or more than $250, not including travel expenses and membership dues, in any year, for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials. No person engaged in formal rate cases before a regulatory body is by reason of such engagement a lobbyist.
Subp. 4. Public official.
"Public official" means any:
A. member of the legislature;
B. person holding constitutional office in the executive branch and the chief administrative deputy;
C. member of a state board or commission which has rulemaking authority, as "rule" is defined by Minnesota Statutes, section 14.02, subdivision 4;
D. person employed by the legislature as secretary of the senate, legislative auditor, chief clerk of the house, revisor of statutes, or researcher or attorney in the office of legislative research;
E. person employed by the executive branch in any positions specified in Minnesota Statutes, section 15A.081; and
F. member of the Metropolitan Council, Metropolitan Transit Commission, Metropolitan Sewer Board, or Metropolitan Airports Commission.
Subp. 5. Utility nonoperating expense.
"Utility nonoperating expense" means expenditures associated with activities other than those resulting from the regular activity of supplying service to the consumer.
Subp. 6. Utility operating expense.
"Utility operating expense" means expenditures associated with the direct or regular activity of supplying service to the consumer.
History
- Statutory Authority: MS s 237.10
- History: 17 SR 1279
Minn. R. 7810.6700 Scope
Parts 7810.6600 to 7810.6800 apply to each telephone utility regulated under Minnesota Statutes, chapter 237.
Each telephone utility shall maintain accounts and records relating to lobbying expenditures and make them available for inspection by the commission upon request.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.6800 Accounting Treatment of Lobbying Expenditures
Each telephone utility shall cause subaccounts to be established for the sole purpose of recording lobbying expenditures.
Lobbying expenditures for utility operating expense shall be charged to a subaccount of other expenses.
Lobbying expenditures for utility nonoperating expense shall be charged to a subaccount of miscellaneous deductions from income.
The above accounts shall be effective the first day of January of the year following the year in which this part becomes effective for any lobbying expenditures subsequent to that date.
History
- Statutory Authority: MS s 237.10
Minn. R. 7810.6900 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7810.7000 [Repealed, L 2000 c 436 s 3]
[Repealed, L 2000 c 436 s 3]
Minn. R. 7810.7100 [Repealed, L 2000 c 436 s 3]
[Repealed, L 2000 c 436 s 3]
Minn. R. 7810.7200 [Repealed, L 2000 c 436 s 3]
[Repealed, L 2000 c 436 s 3]
Minn. R. 7810.7300 [Repealed, L 2000 c 436 s 3]
[Repealed, L 2000 c 436 s 3]
Minn. R. 7810.7400 [Repealed, L 2000 c 436 s 3]
[Repealed, L 2000 c 436 s 3]
Minn. R. 7810.7500 [Repealed, L 2000 c 436 s 3]
[Repealed, L 2000 c 436 s 3]
Minn. R. 7810.7600 [Repealed, L 2000 c 436 s 3]
[Repealed, L 2000 c 436 s 3]
Minn. R. 7810.7700 [Repealed, L 2000 c 436 s 3]
[Repealed, L 2000 c 436 s 3]
Minn. R. 7810.7800 [Repealed, L 2000 c 436 s 3]
[Repealed, L 2000 c 436 s 3]
Minn. R. 7810.7900 [Repealed, L 2000 c 436 s 3]
[Repealed, L 2000 c 436 s 3]
Minn. R. 7810.8000 [Repealed, L 2000 c 436 s 3]
[Repealed, L 2000 c 436 s 3]
Minn. R. 7810.8100 Purpose
The purpose of parts 7810.8100 to 7810.8815 is to describe the filing requirements for telephone companies under the jurisdiction of the commission for:
A. tariffs, price lists, and new service offerings under Minnesota Statutes, sections 237.06 and 237.07;
B. rate changes including general rate changes under Minnesota Statutes, section 237.075; and
C. miscellaneous tariff changes under Minnesota Statutes, section 237.63.
History
- Statutory Authority: MS s 237.10; 237.16; 237.74
- History: 16 SR 2163; 26 SR 1438
Minn. R. 7810.8200 Definitions
Subpart 1. Scope.
The terms used in parts 7810.8100 to 7810.8815 have the meanings given them in this part.
Subp. 2. Attorney general's office.
"Attorney general's office" means the Residential and Small Business Utilities Division of the Office of the Attorney General.
Subp. 3. Average.
"Average," when used in conjunction with rate base, means a 13-month average or an average of 12 monthly averages or a simple average of the beginning and ending data for a 12-month period when monthly data are not available.
Subp. 4. Capital structure.
"Capital structure" means the total capitalization of the telephone company, such as outstanding common stock, paid-in surplus in excess of par value, retained earnings, preferred stock, long-term debt, and short-term debt.
Subp. 5. Competitive service.
"Competitive service" means a service classified by Minnesota Statutes, section 237.59, subdivision 1, as subject to emerging competition or classified by commission order as subject to effective or emerging competition.
Subp. 6. Cost increase rate change.
"Cost increase rate change" means a miscellaneous tariff change under Minnesota Statutes, section 237.63, subdivision 3, to increase the rate for a particular noncompetitive service on grounds that the actual costs of providing that particular service have increased. A cost increase rate change must be a cost change related to a particular service rather than a general overall increase applicable to most of the company's services, and an actual change in costs must have occurred rather than the discovery of a change in costs as a result of conducting a new cost study.
Subp. 7. Department.
"Department" means the Minnesota Department of Commerce.
Subp. 8. Effective competition.
"Effective competition" exists when the commission determines that the criteria of Minnesota Statutes, section 237.59, subdivision 5, paragraphs (a) and (b), have been satisfied for a service.
Subp. 9. Embedded cost of capital.
"Embedded cost of capital" means the weighted average cost of outstanding issues of long-term debt, short-term debt, and preferred stock in the capital structure, expressed as a sum of percentages. The sum of percentages is determined by multiplying the cost of each issue of long-term debt, short-term debt, or preferred stock by the ratio of the amount of that issue to the total amount of long-term debt, short-term debt, or preferred stock, respectively.
Subp. 10. Emerging competition.
"Emerging competition" exists for services listed in Minnesota Statutes, section 237.59, subdivision 1. Emerging competition also exists when the commission determines that it exists under Minnesota Statutes, sections 237.57, subdivision 4, and 237.59, subdivisions 2 to 6.
Subp. 11. Final rates.
"Final rates" means permanent rates ordered into effect by the commission under Minnesota Statutes, sections 237.075 and 237.081.
Subp. 12. Fiscal year.
"Fiscal year" means the telephone company's accounting period of 12 successive calendar months. Fiscal year may be a calendar year beginning January 1 and ending December 31.
Subp. 13. General rate change.
"General rate change" means a change in rates for which the telephone company's gross revenue requirement must be determined to evaluate the reasonableness of the change in rates under Minnesota Statutes, sections 237.075 and 237.081, subdivision 2, paragraph (b).
Subp. 14. Individually priced service.
"Individually priced service" means a telephone service or service element priced on a unique or individual basis under Minnesota Statutes, sections 237.07 and 237.071.
Subp. 15. Interim rates.
"Interim rates" means temporary rates ordered into effect by the commission under Minnesota Statutes, section 237.075, subdivision 3.
Subp. 16. Jurisdictional.
"Jurisdictional" refers to those Minnesota operations of a telephone company that are subject to regulation by the commission under Minnesota Statutes, chapters 216, 216A, and 237.
Subp. 17. Language change.
"Language change" means a miscellaneous tariff change under Minnesota Statutes, section 237.63, subdivision 2, that changes the language describing the rate, price, term, or condition of a service that does not substantially alter the application of the tariff or price list.
Subp. 18. Minnesota company.
"Minnesota company" refers to the Minnesota combined interstate and intrastate operations of a telephone company.
Subp. 19. Miscellaneous tariff change.
"Miscellaneous tariff change" means a tariff change under Minnesota Statutes, section 237.63, which does not require a determination of the company's gross revenue requirement to evaluate the reasonableness of the proposed tariff change.
Subp. 20. Noncompetitive service.
"Noncompetitive service" means a service not classified by Minnesota Statutes, section 237.59, subdivision 1, as subject to emerging competition or classified by commission order as subject to effective or emerging competition.
Subp. 21. Present rates.
"Present rates" means the current commission-approved rates.
Subp. 22. Previous fiscal year.
"Previous fiscal year" means the company's most recently completed fiscal year as of the filing date that has an ending date before the end of the proposed test year.
Subp. 23. Price list.
"Price list" means a schedule filed with the commission and the department under Minnesota Statutes, section 237.07, and part 7810.8400, showing the company's rates, regulations, classifications of services, and practices observed for services subject to emerging competition.
Subp. 24. Rate.
"Rate" means the amount of compensation, price, charge, toll, rental, or classification observed, charged, or collected for a service or element of service; and the rules, regulations, and practices that are subject to regulation by the commission under Minnesota Statutes, chapters 216, 216A, and 237.
Subp. 25. Rate change or change in rates.
"Rate change" or "change in rates" means a change in the amount or the elimination of compensation, price, charge, toll, rental, or classification observed, charged, or collected for a service or element of service; a change in the rules, regulations, or practices; or the withdrawal of schedules incorporating those rates that are subject to regulation by the commission under Minnesota Statutes, chapters 216, 216A, and 237.
Subp. 26. Rate element.
"Rate element" means a telephone service or component of telephone service for which there is a separate rate.
Subp. 27. Tariff.
"Tariff" means a schedule filed with the department under Minnesota Statutes, section 237.07, and part 7810.8400, showing the company's rates, regulations, classifications of services, and practices observed for noncompetitive services.
Subp. 28. Telephone company or company.
"Telephone company" or "company" means a telephone company as defined in Minnesota Statutes, section 237.01, subdivision 7.
Subp. 29. Test year.
"Test year" means the period of 12 successive months used for evaluating a need for a change in rates.
Subp. 30. Total company.
"Total company" means the interstate and intrastate telephone operations of a company in the states in which the company as a legal entity is entitled to operate.
Subp. 31. Weighted cost of capital.
"Weighted cost of capital" means the total cost of capital, expressed as a sum of percentages, each of which is determined by multiplying each component's cost in the capital structure by the ratio of the amount of that component to the total capitalization of the telephone company.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16; 237.74
- History: 16 SR 2163; L 2001 1Sp4 art 6 s 1; 26 SR 1438
Minn. R. 7810.8300 Scope
Parts 7810.8100 to 7810.8815 apply to telephone companies regulated by the commission under Minnesota Statutes, chapters 216, 216A, and 237, and their regulated services.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.16; 237.57 to 237.64; 237.74
- History: 16 SR 2163; 26 SR 1438
Minn. R. 7810.8400 Tariffs and Price Lists
Subpart 1. Tariffs and price lists.
A telephone company shall keep on file with the department its tariffs and price lists showing or referencing specific rates, tolls, rentals, and other charges for the services offered by it either alone or jointly and concurrently with other telephone companies. The tariffs or price lists must also include the regulations, classifications, practices, and limitations on liability of the telephone company. The tariffs and price lists must:
A. identify separately each telephone service and state, or by reference provide, the classifications, rates, charges, tolls, rules, regulations, and practices applicable to each service;
B. identify whether the service classification is subject to emerging competition; and
C. describe each service and the conditions that relate to each service.
Subp. 2. Individually priced services.
A telephone company shall file with the department and the commission its:
A. contracts for individually priced noncompetitive services that are not subject to specific tariff provisions; and
B. statements of charges for individually priced emerging competitive services. For purposes of this subpart, "statement of charges" means the unique customer identifier such as a letter of the alphabet or a number, but not the customer's name, the compensation received, a description of the services provided, and the duration of the service period for individually priced services.
Subp. 3. Proposed rates.
Proposed rates, whether final or interim pending suspension and investigation by the commission, must be filed as new or revised pages to the tariff book or price list on file with the department and show the proposed effective dates. New or revised tariff or price list pages must be in a format consistent with the currently filed tariff or price list to allow comparison with the currently filed tariff or price list. A revised tariff or price list page must contain the revision number and the page number it is revising.
Subp. 4. Charges per unit.
Rates for services must show the applicable charges in dollars and cents per unit.
Subp. 5. Tariffs and price lists no longer in effect.
Tariffs and price lists remain in effect until superseded by tariffs and price lists subsequently filed, canceled, or withdrawn under the procedures in parts 7810.8100 to 7810.8815 or as ordered by the commission.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.16; 237.57 to 237.64; 237.74
- History: 16 SR 2163; 26 SR 1438
Minn. R. 7810.8500 New Service Offerings
A telephone company shall file the following information with the department and the commission for each new service offering. The information must:
A. identify and describe separately each new telephone service and state separately the rates applicable to each;
B. include any new or revised page to the tariff book or price list in a format consistent with the currently filed tariff or price list and, if a revised page, contain the revision number and the page number it is revising;
C. include information explaining the estimated impact on the company's revenues and expenses for noncompetitive services as a result of the new service offering; and
D. include an incremental cost-of-service study demonstrating that the rate for each new emerging competitive service offering is above incremental cost.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.16; 237.57 to 237.64; 237.74
- History: 16 SR 2163; 26 SR 1438
Minn. R. 7810.8600 Notice
A notice of a general rate change must include:
A. a petition for a general rate change as prescribed in part 7810.8605;
B. the tariff and price list information as prescribed in part 7810.8400, subpart 1;
C. a list of the tariff and price list page numbers not affected by the proposed change;
D. the informational requirements in parts 7810.8610 to 7810.8690;
E. a proposed written notice of the proposed change in rates to the governing body of each municipality and county in the area affected and a list of those municipalities and counties; and
F. a proposed customer notice for interim rates and proposed final rates.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8605 Petition
A general rate change petition must include:
A. the legal name, address, and telephone number of the company and its designated contact person;
B. the name, address, and telephone number of the attorney if the company will be represented by an attorney;
C. the date of the filing, which is the date the commission receives the company's filing or the date designated by the company, whichever is later, and the proposed effective date of the proposed change in rates;
D. a statement of the purpose of the change in rates and a description of the proposed change in rates;
E. the signature and title of the telephone company officer or company representative authorizing the proposal;
F. the statutory authority, including subdivisions or paragraphs, for the proposed change;
G. an identification of the test year proposed by the telephone company with justification for the selection of the proposed test year;
H. the effect of the proposed changes in rates expressed both as the total dollar change and the percentage change in the total jurisdictional revenue in the test year;
I. the effect of the proposed changes in rates expressed both as the total dollar change and the percentage change in the jurisdictional revenue in the test year for major categories of services for which the company is proposing a rate change; and
J. a jurisdictional financial summary schedule that complies with part 7810.8620, subpart 1.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8610 Expert Testimony and Supporting Exhibits
A general rate change notice must include expert testimony and exhibits in support of the telephone company's proposed general rate change. The testimony and exhibits must be presented by telephone company personnel or other expert witnesses as considered appropriate by the company. The company's chief executive officer or other company officer shall provide expert testimony in support of the proposed general rate change. Expert testimony must contain statements of fact, expert opinion, and explanations of the supporting exhibits. The expert testimony of a witness must be written in question and answer format. The preparer of the expert testimony or the person under whose supervision it was prepared must be identified. Each page of the expert testimony must be numbered sequentially. Each line of the expert testimony must also be numbered sequentially beginning with line one on each new page. Supporting exhibits must be consistent with the information required by parts 7810.6200 to 7810.6400 and 7810.8610 to 7810.8650. The company shall identify expert witnesses responsible for the information required by parts 7810.8610 to 7810.8650.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8615 Test Year
Subpart 1. General requirement; test period defined.
A general rate change notice must include test year data used to establish proposed final rates for the test period. The telephone company shall submit testimony explaining why the test year is appropriate to the test period. The telephone company shall show whether it proposes a historical or projected test year.
For purposes of this part, "test period" means the period during which the rates based on the test year data are in effect.
Subp. 2. Historical test year.
The proposed test year is a historical test year if the filed data include:
A. at least nine months of actual, historical jurisdictional test year data; and
B. a notice of the company's intention to update the data to 12 months of actual, historical jurisdictional test year data if less than 12 months of actual, historical jurisdictional data is provided. The company shall file the data once and no later than 100 days after the original general rate change notice is filed. Either an average or year-end rate base may be used. If a year-end rate base is selected, a year-end capital structure must be shown and the operating income statement must be adjusted to year-end levels. If an average rate base is selected, an average capital structure or a year-end capital structure may be shown.
Subp. 3. Projected test year.
The proposed test year is a projected test year if the filed data include fewer than nine months of actual, historical jurisdictional data. A projected test year must start no later than the date the general rate change notice is filed.
For a projected test year, an average rate base and average capital structure must be used. An operating income statement must not be adjusted to a year-end level but may reflect known and measurable changes during the projected test year. The telephone company's average rate base and operating income statement for a projected test year must be based on the construction and operating budgets approved by the telephone company's officials, including approved changes, for the period encompassed by the projected test year.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8620 Jurisdictional Financial Summary Schedule
Subpart 1. Test year data.
A general rate change notice must include a financial summary schedule for the test year. The financial summary schedule must be a one-page summary showing:
A. the proposed rate base amount;
B. the proposed rate of return;
C. the proposed net operating income requirement;
D. the net operating income under present rates; and
E. the calculation of:
Subp. 2. Previous fiscal year data.
A general rate change notice must include a financial summary schedule for the previous fiscal year. The financial summary schedule of the previous fiscal year must be a one-page summary showing:
A. the actual unadjusted average rate base consisting of the same components as the proposed test year rate base;
B. the earned rate of return;
C. the net operating income requirement;
D. the unadjusted net operating income; and
E. the calculation of:
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8625 Rate Base Schedules
Subpart 1. Summary schedule.
A general rate change notice must include summary schedules containing:
A. the proposed jurisdictional rate base by major rate base component such as:
B. the unadjusted average jurisdictional rate base amounts for the previous fiscal year, for each major component.
Subp. 2. Comparing rate base amounts.
A general rate change notice must include the following comparison schedules by detailed rate base component:
A. a schedule showing unadjusted total company, unadjusted Minnesota company, and unadjusted jurisdictional rate base amounts for the test year;
B. a schedule showing unadjusted jurisdictional amounts; Minnesota state borderline adjustments, if any; company proposed jurisdictional adjustments; and proposed jurisdictional rate base amounts for the test year; and
C. a schedule showing unadjusted total company, unadjusted Minnesota company, and unadjusted jurisdictional rate base amounts for the previous fiscal year.
Subp. 3. Adjustments.
A general rate change notice must include schedules listing the proposed adjustments included in subpart 2. The schedules must reflect the title and amount of each proposed adjustment and show the rate base components affected by the adjustment.
Subp. 4. Interstate and jurisdictional factors.
A general rate change notice must include a schedule by rate base component, showing the separation factors used in separating the jurisdictional amounts for the test year and the previous fiscal year from the unadjusted Minnesota company rate base amounts.
Subp. 5.
[Repealed, 26 SR 1438]
Subp. 6. Assumptions and approaches.
If a projected test year is proposed, a general rate change notice must include a summary schedule, by major rate base component, of the assumptions made and approaches used in determining Minnesota company and jurisdictional average rate base for the test year.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.16; 237.57 to 237.64; 237.74
- History: 16 SR 2163; 26 SR 1438
Minn. R. 7810.8630 Operating Income Schedules
Subpart 1. Categories; other filing requirements.
Operating income schedules must be included in each general rate change notice and must specify revenues, expenses, and taxes according to the categories shown in items A to D.
A. The schedules must show operating revenues in categories such as local network services, network access services, long-distance network services, and miscellaneous. Similar revenue categories are found in the Uniform System of Accounts Revised, Code of Federal Regulations, title 47, part 32, as amended through June 1, 1990.
B. The schedules must show operating expenses in categories such as network support, general support, central office switching, central office transmission, information origination or termination, cable and wire facilities, network operations, customer services, executive and planning, and general and administrative. Similar expense categories are found in the Uniform System of Accounts Revised, Code of Federal Regulations, title 47, part 32, as amended through June 1, 1990. Operating expenses for the categories of depreciation, amortization, pension, and employee benefits must be shown in a separate supporting schedule.
C. The schedules must show operating taxes specifying current and deferred federal and state income taxes, net investment tax credits, property taxes, gross receipt taxes, and other operating taxes as applicable.
D. The schedules must show nonoperating expenses that show the related taxes for which the company seeks reimbursement.
Subp. 2. Summary schedules.
A general rate change notice must include operating income summary schedules showing the proposed jurisdictional operating income statement for the test year under present rates and the unadjusted jurisdictional operating income statement for the previous fiscal year.
Subp. 3. Comparing operating income amounts.
A general rate change notice must include the following comparison schedules by detailed operating income statement component:
A. a schedule showing unadjusted total company, unadjusted Minnesota company, and unadjusted jurisdictional operating income statement amounts for the test year;
B. a schedule showing unadjusted jurisdictional amounts; Minnesota state borderline adjustments, if any; company proposed jurisdictional adjustments; and proposed jurisdictional operating income statement amounts for the test year under present rates; and
C. a schedule showing unadjusted total company, unadjusted Minnesota company, and unadjusted jurisdictional operating income statement amounts for the previous fiscal year.
Subp. 4. Adjustments.
A general rate change notice must include operating income schedules listing the proposed adjustments included in subpart 3. The schedules must reflect the title and amount of each proposed adjustment and show the operating income statement components affected by the adjustment.
Subp. 5. Interstate and jurisdictional separation factors.
A general rate change notice must include a schedule by operating income statement element, showing the separation factors used in separating the jurisdictional amounts for the test year and previous fiscal year from the unadjusted Minnesota company operating income amounts.
Subp. 6.
[Repealed, 26 SR 1438]
Subp. 7. Gross receipts tax expense.
A general rate change notice must include an operating income schedule showing the computation of Minnesota company and jurisdictional gross receipts tax expense for the test year and the previous fiscal year.
Subp. 8. Computation of taxes.
Unless a telephone company is tax exempt, a general rate change notice must include an operating income schedule for the test year and previous fiscal year showing the computation of unadjusted total company, unadjusted Minnesota company, and unadjusted jurisdictional current and deferred federal and state income taxes and net investment tax credits.
Subp. 9. Tax rates detailed.
Unless a telephone company is tax exempt, a general rate change notice must include a detailed schedule showing the development of the combined federal and state tax rates used for the tax computation under subpart 8.
Subp. 10. Assumptions and approaches.
If a projected test year is proposed, a general rate change notice must include a schedule summarizing the assumptions made and the approaches used in projecting each major element of the Minnesota company and jurisdictional operating income statement for the test year.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.16; 237.57 to 237.64; 237.74
- History: 16 SR 2163; 26 SR 1438
Minn. R. 7810.8635 Supplemental Financial Information
Subpart 1. General requirement.
A general rate change notice must include the supplemental financial information described in subparts 2 to 8.
Subp. 2. Workpapers.
The company shall file workpapers that show how the test year rate base and income statement components and adjustments have been determined. The workpapers must include:
A. supporting data and calculations showing the development of the unadjusted jurisdictional test year amounts for the rate base and operating income statement; and
B. supporting data and calculations showing the development of each test year adjustment and the proposed jurisdictional test year amounts for the rate base and operating income statement. The workpapers described in items A and B must be filed with the commission, the department, and the attorney general's office, in quantities established by the agencies, and supplied to other parties on request.
Subp. 3. Advertising.
The company shall file a schedule describing advertising categories and showing the Minnesota company and jurisdictional dollar amounts of advertising expense during the test year for each category in which the telephone company seeks reimbursement. For each category, the telephone company shall also provide sample ads. The company shall not seek reimbursement for institutional advertising under Minnesota Statutes, section 237.075, subdivision 7. Institutional advertising expenses are costs incurred by a telephone company to promote good will for the telephone company or improve the company's public image.
Subp. 4. Dues.
The company shall file a schedule listing dues by organization that the telephone company seeks to recover showing the Minnesota company and the corresponding jurisdictional dollar amount of dues for the test year.
Subp. 5. Charitable contributions.
The company shall file a schedule of charitable contributions made or to be made by the telephone company during the test year for which the company seeks reimbursement. The schedule must show the recipient, the Minnesota company amount, the jurisdictional amount, and the amount for which the telephone company seeks reimbursement. The company shall also provide testimony and evidence that the contribution is prudent and complies with Minnesota Statutes, section 290.21, subdivision 3, clause (b) or (e). Charitable contributions include in-kind contributions such as donated employee time and other noncash contributions.
Subp. 6. Schedules.
A telephone company shall file:
A. a schedule showing the development of the gross revenue conversion factor; and
B. its annual report to stockholders and the consolidated parent corporation's annual report to stockholders for the latest available fiscal year. For purposes of this subpart, "gross revenue conversion factor" means the multiplier used to calculate gross revenue required to generate an additional dollar of net operating income before interest and after taxes.
Subp. 7. Jurisdictional information.
If the telephone company has services or activities that are regulated by the commission, but have been deregulated by the Federal Communications Commission, the company shall identify and explain the impact of those revenues, expenses, and investments for those services and activities on the jurisdictional rate base and operating income statement for the proposed test year.
Subp. 8. Affiliated interest transactions.
The telephone company shall file a schedule showing amounts of affiliated interest transactions for the previous fiscal year and the test year. The schedule must show:
A. the total amount of affiliated interest transactions for each affiliate for total company and Minnesota jurisdiction;
B. the total jurisdictional amount of recurring transactions for each affiliate along with a description of the recurring transactions and the method used to value the transactions; and
C. a list and description of nonrecurring transactions greater than one-half percent of gross jurisdictional revenue totaled by affiliate. Affiliated transactions must be recorded and valued according to the Uniform System of Accounts Revised, Code of Federal Regulations, title 47, part 32, as amended through June 1, 1990, which is adopted by reference. For purposes of this subpart, "affiliated interest transaction" means a contract or arrangement providing for managerial, supervisory, construction, engineering, accounting, legal, or financial services; buying, selling, leasing, or exchanging property or a right or thing; or providing a service, property, right, or thing to an affiliated interest as defined in Minnesota Statutes, section 216B.48, subdivision 1.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16; 237.74
- History: 16 SR 2163; 26 SR 1438
Minn. R. 7810.8640 Rate of Return, Cost of Capital Schedules
Subpart 1. Showing calculations.
Schedules of rate of return and cost of capital must be filed with a general rate change notice and show the calculation of:
A. the proposed weighted cost of capital based on the proposed test year capital structure and proposed costs of short-term debt, long-term debt, preferred stock, and common equity; and
B. the weighted cost of capital based on the actual capital structure; the actual embedded costs of short-term debt, long-term debt, and preferred stock for the previous fiscal year; and, the rate of return on equity authorized by the commission in the telephone company's last general rate change proceeding.
Subp. 2. Supporting schedules.
A general rate change notice must include schedules that:
A. list outstanding issues and show the calculation of embedded costs of long-term debt and preferred stock for the test year and the previous fiscal year; and
B. show the calculation of and assumptions used to derive the amount and cost of short-term debt for the test year and the previous fiscal year.
Subp. 3. Historical test year cost of capital schedule.
If a historical test year is proposed and the proposed test year capital structure or embedded costs of debt and preferred stock differ from the actuals for the test year, a general rate change notice must include a schedule showing adjustments used to arrive at the proposed capital structure or embedded costs of debt and preferred stock.
Subp. 4. Projected test year cost of capital schedule.
If a projected test year is proposed, a general rate change notice must include a schedule summarizing the assumptions made and approaches used in developing the proposed average capital structure for the test year and the proposed costs of the components of that capital structure.
Subp. 5. Consolidated and unconsolidated parent corporation schedules.
A general rate change notice must include schedules showing the capital structure, weighted cost of capital, and costs of short-term debt, long-term debt, preferred stock, and common equity of the consolidated parent corporation and the unconsolidated parent corporation for both the test year and the previous fiscal year separately.
Subp. 6. Embedded costs outstanding for part of year.
Long-term debt, short-term debt, or preferred stock outstanding for part of a year must be reflected if an average capital structure is used.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8645 Rate Structure and Rate Design Information
Subpart 1. General requirement.
The information about rate structure and design in subparts 2 and 3 must be filed with each general rate change notice.
Subp. 2. Rate design, allocation schedules, and test year data.
A general rate change notice must include a schedule showing the test year revenue-producing units, present rates, proposed rates, present revenue, and proposed revenue for each existing and proposed rate element of all services. The schedule must include subtotals for each major category of revenue, such as local network service, network access, long-distance network service, and extended area service.
Subp. 3. Supporting workpapers.
A general rate change notice must include an embedded direct cost study and an incremental cost study for each proposed rate change for those services that generate revenues in excess of the greater of either $100,000 or one-tenth of one percent of the company's annual gross revenue for the test year period. The embedded direct cost study and incremental cost study must identify the procedures and underlying reasons for cost and revenue allocations. The company shall explain why the proposed method is appropriate for ratemaking purposes. The form, content, and level of detail of any cost study required by this subpart must reflect the relative size of the company's intrastate operations in Minnesota and the amount of revenues it receives from the services for which cost studies are required.
The workpapers must be filed with the commission, the department, and the attorney general's office, in quantities established by the agencies, and supplied to other parties on request.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8650 Additional Information
Subpart 1. General requirement.
The additional information described in subparts 2 and 3 must be filed with each general rate change notice.
Subp. 2. Information as ordered.
The company shall file information required by the commission's most recent general rate change or other applicable orders for that company.
Subp. 3. Additional information.
On or after review of a telephone company's notice of a change in rates or tariff and within a reasonable time as it may determine, the commission may require a company to provide additional information to supplement the information required by parts 7810.8610 to 7810.8650. A telephone company may include in its filing additional information not required by parts 7810.8100 to 7810.8815.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.16; 237.57 to 237.64; 237.74
- History: 16 SR 2163; 26 SR 1438
Minn. R. 7810.8655 Notice
An interim rate change notice must include:
A. an interim rate petition as prescribed in part 7810.8660;
B. tariff and price list information as prescribed in part 7810.8400, subpart 1;
C. the informational requirements in parts 7810.8665 to 7810.8690; and
D. supporting workpapers showing the development of the interim rate exhibits and proposed interim rates.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8660 Petition
An interim rate petition must include:
A. the legal name, address, and telephone number of the company and its designated contact person;
B. the name, address, and telephone number of the attorney if the company will be represented by an attorney;
C. the date of the filing, which is the date the commission receives the company's filing or the date designated by the company, whichever is later, and the proposed effective date of the proposed interim rate change;
D. the statutory authority, including subdivisions or paragraphs, for the proposed interim rate change;
E. a statement of the purpose of the change in rates and a description of the proposed change in rates;
F. the signature and title of the telephone company officer or company representative authorizing the proposal;
G. an identification of the test year proposed by the telephone company with justification for the selection of the proposed test year;
H. the effect of the proposed interim rate change expressed both as the total dollar change and the percentage change in the total jurisdictional revenue in the test year;
I. the effect of the proposed interim changes in rates expressed both as the total dollar change and the percentage change in the jurisdictional revenue in the test year for major categories of services for which the company is proposing a rate change; and
J. a jurisdictional financial summary schedule that complies with part 7810.8685.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8665 Expert Testimony and Supporting Exhibits
A notice of proposed interim rates must include exhibits, written statements of fact, expert opinion, and explanations of the exhibits in support of the telephone company's proposed interim rates. The written statements, opinions, and explanations must be in either a question and answer format or a descriptive narrative, and must identify the preparer or the person under whose supervision they were prepared. Interim rate notices and supporting exhibits must comply with Minnesota Statutes, section 237.075, subdivision 3, and parts 7810.6200 to 7810.6400.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8670 Rate Base Schedules
Subpart 1. Schedule.
The interim rate exhibits must include a schedule showing the development of the proposed jurisdictional rate base for interim rates that has incorporated the applicable rate base adjustments or components allowed or required by the commission in the telephone company's most recent general rate change proceedings.
Subp. 2. Written explanation.
An accompanying written explanation must cite each rate base issue determined by the commission in the most recent general rate change proceeding, where it appears in the commission's order, and the adjustment the telephone company has made for the issues cited from the commission order. If an adjustment is not made for an issue, the explanation must state the reason why an adjustment is not required.
Subp. 3. Comparison schedule and explanation.
A schedule comparing the following amounts must be included:
A. the rate base approved by the commission in the telephone company's most recent general rate change proceeding;
B. the unadjusted rate base for the most recent fiscal year for which actual data are available before the test year; and
C. the proposed test year rate base for interim rates. The company shall explain significant changes in dollar amounts for each comparison.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8675 Operating Income Schedule
Subpart 1. Schedule.
The interim rate exhibits must include a schedule showing the development of the proposed jurisdictional operating income statement under present rates that reflects that the test year interim operating income statement has incorporated the applicable operating income statement adjustments or components allowed or required by the commission in the telephone company's most recent general rate change proceeding.
Subp. 2. Written explanation.
An accompanying written explanation must also cite each operating income statement issue determined by the commission in the most recent general rate change proceeding, where it appears in the commission's order, and the adjustment the telephone company has made for each issue. If an adjustment is not made for an issue, the explanation must state the reason why an adjustment is not required.
Subp. 3. Comparison schedule and explanation.
A schedule must be included comparing the following amounts:
A. the operating income statement under rates approved by the commission in the telephone company's most recent general rate change proceeding;
B. the corresponding operating income statement for the most recent fiscal year for which actual data is available before the test year; and
C. the proposed test year operating income statement for interim rates. The company shall explain significant changes in dollar amounts for each comparison.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8680 Capital Structure and Rate of Return
The interim rate exhibits must include a schedule showing the capital structure and rate of return calculation approved by the commission in the telephone company's most recent general rate change proceeding. The interim rate of return calculation must be based on the proposed test year capital structure and test year capital costs, except that the company must use the cost of equity that was allowed by the commission in the company's most recent general rate change proceeding or the company's proposed return on equity, whichever is lower. The schedule must include an explanation of the changes in dollar amounts of the telephone company's most recent general rate change proceeding capital structure and the proposed test year capital structure. In the case of a company that has not been subject to a commission determination or has not had a general rate adjustment in the preceding three years, the company must use the cost of equity that was allowed by the commission in its most recent determination concerning a similar company.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8685 Jurisdictional Financial Summary Schedule
An interim rate change petition must include a financial summary schedule for the test year. The financial summary schedule must be a one-page summary showing:
A. the proposed interim rate base amount;
B. the proposed interim rate of return;
C. the proposed interim net operating income requirement;
D. the interim net operating income under present rates; and
E. the calculation of:
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8690 Rate Design
The interim rate exhibits must include a schedule showing the test year revenue-producing unit, present rate, proposed interim rate, present revenue, and proposed interim revenue for each existing and proposed interim rate element of each service. The schedule must include subtotals for each major category of revenue such as local network service, network access, long-distance network service, and extended area service.
The telephone company shall provide a written explanation of proposed interim rates that are not the result of increasing the existing rate by the average percentage increase in interim revenues. The explanation must show exigent circumstances or existence of competing products or services offered by a nonregulated competitor.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8700 Other Rate Change Notice
A notice for a rate change other than a general rate change must include:
A. a petition as prescribed in part 7810.8705;
B. tariff and price list information prescribed in part 7810.8400; and
C. the informational requirements in the applicable part of parts 7810.8710 to 7810.8760.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8705 Other Rate Change Petition
A petition for a change in rates other than a general rate change must include:
A. the legal name, address, and telephone number of the company and its designated contact person;
B. the name, address, and telephone number of the attorney if the company will be represented by an attorney;
C. the date of the filing, which is the date the commission receives the company's filing or the date designated by the company, whichever is later, and the proposed effective date of the proposed change in rates;
D. the statutory authority, including subdivisions or paragraphs, for the proposed change and a statement that the proposed change is for example a miscellaneous tariff change such as a cost increase rate change or an emerging competitive service rate decrease;
E. a statement of the purpose of the change in rates and a description of the proposed change in rates; and
F. the signature and title of the telephone company officer or company representative authorizing the proposal.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8710 Miscellaneous Tariff Change
In addition to the notice requirements in part 7810.8700, a notice for a miscellaneous tariff change under Minnesota Statutes, section 237.63, must include:
A. a statement of the proposed change in rates;
B. statements of fact, expert opinions, substantiating documents, and exhibits supporting the change requested;
C. the date when the new rates will go into effect;
D. a statement that explains with particularity how the tariff will be changed and why;
E. whether the proposed change is a rate increase or a decrease;
F. the annual revenue impact; and
G. the impact on affected customers. The written statements, opinions, and explanations under item B must be in a question and answer format or a descriptive narrative, and must identify the preparer or the person under whose supervision they were prepared.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8715 Noncompetitive Service; Language Change
In addition to the notice requirements of part 7810.8700, a notice for a language change under Minnesota Statutes, section 237.63, subdivision 2, must include an explanation of why the proposed change does not substantially alter the application of the tariff.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8720 Noncompetitive Service; Cost Increase
In addition to the notice requirements in part 7810.8700, a notice for a cost increase rate change under Minnesota Statutes, section 237.63, subdivision 3, must include:
A. data demonstrating that an actual change in costs for the service has occurred since the last proceeding under Minnesota Statutes, section 237.075; and
B. the dollar and percentage change in total jurisdictional annual revenues resulting from the proposed change.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8725 Noncompetitive Service; Rate Reduction
In addition to the notice requirements of part 7810.8700, a notice for a rate reduction under Minnesota Statutes, section 237.63, subdivision 4, must include data showing the relationship between proposed rates and the costs of providing the service.
For purposes of this part, "rate reduction" means a miscellaneous tariff change under Minnesota Statutes, section 237.63, subdivision 4, to reduce the rates for one or more noncompetitive services.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8730 Noncompetitive Service; Change in Service
In addition to the notice requirements in part 7810.8700, a notice for a significant change in condition of service under Minnesota Statutes, section 237.63, subdivision 4a, must include information demonstrating that the application of the tariff is substantially changed but that the rate is not changed.
For purposes of this part, "significant change in condition of service" means a miscellaneous tariff change under Minnesota Statutes, section 237.63, subdivision 4a, to change the terms or conditions of service in a way that substantially alters the application of the tariff. Significant change in condition of service does not include a rate change.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8735 Individually Priced Noncompetitive Service
In addition to the notice requirements in part 7810.8700, a notice for individually priced noncompetitive service under Minnesota Statutes, sections 237.07 and 237.071, must include:
A. data demonstrating that differences in the cost of providing a service or service element justifies a different rate for a particular customer or group of customers;
B. an identification of the affected customer or customer groups; and
C. the estimated revenue impact on the company.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8740 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7810.8745 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7810.8750 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7810.8755 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7810.8760 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7810.8800 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7810.8805 Service Subject to Emerging Competition
Subpart 1. General requirement to file petition.
A petition to classify a noncompetitive service as subject to emerging competition must be filed under this part.
Subp. 2. Petition information.
A petition to have a service classified as subject to emerging competition must include:
A. a list of known alternative providers of the service available to the company's customers, the providers' affiliations with other providers, and their sizes, if known;
B. the extent to which services are available from alternative providers in the relevant market, including identification of barriers to entry or exit from the market for the service;
C. the ability of alternative providers to make functionally equivalent or substitute services readily available at competitive rates, terms, and conditions of service;
D. an estimate of the company's current market share;
E. an assessment of the ability of the market to hold prices close to cost and other economic measures of market power;
F. an assessment of the necessity of the service to the well-being of the customer;
G. a request either for an expedited hearing or a contested case hearing;
H. a statement addressing the need for and means of providing notice to affected customers;
I. an assessment of whether alternative services are available to over 20 percent of the company's customers for that service; and
J. if required by Minnesota Statutes, section 237.07, a proposed price list for the service containing the rates, tolls, and charges for the service together with the rules, regulations, and classifications used in providing that service.
Subp. 3. Service of petition.
A copy of the petition must be served on the department, the attorney general's office, and any other person designated by the commission.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8810 Service Subject to Effective Competition
Subpart 1. General requirement to file petition.
A petition to classify a service as subject to effective competition must be filed under this part.
Subp. 2. Petition information.
A petition to classify a service as subject to effective competition must include the requirements of part 7810.8805, subpart 2, items A to H, and in addition must include:
A. a list of the schedules to be canceled or withdrawn if the commission grants the petition; and
B. an assessment of whether alternative services are available to over 50 percent of the company's customers for that service.
Subp. 3. Service of petition.
A copy of the petition must be served on the department, the attorney general's office, and any other person designated by the commission.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8815 Noncompetitive Service
Subpart 1. Reclassification authority and initiation.
A service of a telephone company that has been classified as subject to emerging competition or effective competition will keep its competitive classification until the commission, on its own motion, or on complaint, reclassifies the service as noncompetitive or subject to emerging competition.
Subp. 2. Information from complainant.
A person who files a complaint requesting reinstatement of regulation for a particular service shall file either:
A. an explanation of why the competitive market for the service has failed so that rate regulation is necessary to protect the consumers applying the criteria in Minnesota Statutes, section 237.59, subdivision 5, and a discussion of the alternatives to rate regulation and the benefits versus the burdens of rate regulation; or
B. information that unreasonable discrimination has occurred among different areas of the state.
Subp. 3. Information from company.
If the proceeding to reclassify is initiated by the commission on its own motion, or when the complaint is filed by the department or the attorney general's office, the company shall file in its answer either:
A. the information listed in part 7810.8805, subpart 2, items A to F and I, if the service is classified as subject to emerging competition; or
B. the information listed in part 7810.8810, subpart 2, if the service is classified as subject to effective competition.
History
- Statutory Authority: MS s 216A.05; 237.06; 237.07; 237.075; 237.10; 237.57 to 237.64
- History: 16 SR 2163
Minn. R. 7810.8900 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7810.8905 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7810.8910 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7810.8915 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7810.8920 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7810.8925 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7810.8930 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7810.8935 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7810.8940 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Chapter 7811 TELECOMMUNICATIONS; SMALL LOCAL PROVIDERS
Minn. R. 7811.0050 Applicability
This chapter applies to the provision of telecommunications service in any area served by a local exchange carrier that:
A. currently has fewer than 50,000 subscribers; and
B. the commission certified to provide local telephone services before January 1, 1998.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.0100 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given them in this part.
Subp. 2. Act or federal act.
"Act" or "federal act" means the federal Telecommunications Act of 1996, Public Law 104-104, codified in United States Code, title 47, sections 153 to 614.
Subp. 2a. Advertise or advertising.
"Advertise" or "advertising" means advertise or advertising the availability of services listed in Code of Federal Regulations, title 47, section 54.101, paragraph (a), and the charges for those services, throughout the relevant area using media of general distribution consistent with Code of Federal Regulations, title 47, section 54.201.
Subp. 3. Alternative regulation plan or AFOR.
"Alternative regulation plan" or "AFOR" means an alternative to rate-of-return regulation of a local exchange carrier adopted pursuant to Minnesota Statutes, sections 237.76 to 237.774.
Subp. 4. Applicant.
"Applicant" means a person filing a petition for certification to provide telecommunications services in Minnesota under parts 7811.0200 to 7811.0525.
Subp. 5. Automatic location identification or ALI.
"Automatic location identification" or "ALI" means the automatic display, on equipment at the public safety answering point, of the telephone, including nonlisted and nonpublished telephone numbers and addresses, and other information about the caller's location.
Subp. 6. ALI database provider.
"ALI database provider" means any person who provides automatic location identification to the basic emergency services provider and the governing body for a specific geographic area.
Subp. 7. Automatic number identification or ANI.
"Automatic number identification" or "ANI" means the process used on customer-dialed calls to automatically identify the calling station.
Subp. 8. Basic local service.
"Basic local service" means the services required under part 7811.0600 and any other services or terms determined by the commission to be integral to the basic communications, health, privacy, or safety needs of customers.
Subp. 8a. Bona fide request.
"Bona fide request" means a request for interconnection, services, or network elements within the meaning of United States Code, title 47, section 251, subsection (f), paragraph (1), subparagraph (A), that fulfills the requirements of part 7811.2000.
Subp. 9. Central office.
"Central office" means a facility in a telecommunications system that provides service to the general public where the telephone lines of subscribers are joined to switching equipment that redirects calls to called parties or other central offices, or to the interexchange facilities of a carrier.
Subp. 10. Certificate of authority or certificate.
"Certificate of authority" or "certificate" means a commission order authorizing the provision of telecommunications service under this chapter.
Subp. 11. Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subp. 12. Competitive local exchange carrier or CLEC.
"Competitive local exchange carrier" or "CLEC" means:
A. a telecommunications carrier that is certified by the commission to provide local service; or
B. a telephone company to the extent it provides local service in an exchange area for which neither the company nor any of its predecessors was certified on August 1, 1995. This subpart does not exempt a telephone company under Minnesota Statutes, section 237.01, subdivision 7, from the applicable requirements of Minnesota Statutes, chapter 237, including rate of return regulation or earnings investigations under Minnesota Statutes, section 237.075 or 237.081, and depreciation requirements under Minnesota Statutes, section 237.22.
Subp. 13. Customer.
"Customer" means a person who has contracted with a local service provider for retail telecommunications service and has been billed by or on behalf of that provider for that service in the person's name or in the name of an agent or representative designated by the customer.
Subp. 14. Department.
"Department" means the Minnesota Department of Commerce.
Subp. 15. Eligible telecommunications carrier or ETC.
"Eligible telecommunications carrier" or "ETC" means a local service provider designated by the commission as eligible to receive federal universal service support in accordance with United States Code, title 47, section 254, and relevant federal regulations.
Subp. 16. Emergency telephone service or 911.
"Emergency telephone service" or "911" means a telephone system using the three-digit number 911 to report police, fire, medical, or other emergency situations.
Subp. 17. Enhanced 911 or E 911.
"Enhanced 911" or "E 911" means an emergency telephone service that includes automatic number identification and automatic location identification to facilitate public safety response.
Subp. 18. End-user.
"End-user" means a person requesting, receiving, or using telecommunications service on a retail basis, regardless of whether that person is a customer.
Subp. 19. Exchange area.
"Exchange area" means a geographic unit established by a local service provider and identified in the local service provider's tariff on file with the commission. It may consist of one or more central offices or wire centers together with associated facilities used to furnish telecommunications services in that area.
Subp. 20. Extended area service or EAS.
"Extended area service" or "EAS" means interexchange calling for which a message toll charge is not assessed.
Subp. 21. Facilities.
"Facilities" means the plant and equipment of a telecommunications service provider, including a telecommunications service provider's network facilities.
Subp. 22. Facilities-based carrier.
"Facilities-based carrier" means a local service provider that relies on its own network facilities, in whole or in part, for providing local service.
Subp. 23. Facilities-based service.
"Facilities-based service" means service offerings provided, in whole or in part, through the telecommunications service provider's own network facilities.
Subp. 24. FCC.
"FCC" means the Federal Communications Commission.
Subp. 25. FCC interconnection rules.
"FCC interconnection rules" means the rules adopted by the Federal Communications Commission pursuant to the federal Telecommunications Act of 1996, United States Code, title 47, section 251, subsection (d), and codified at Code of Federal Regulations, title 47, sections 51.1 to 51.809.
Subp. 26. Interexchange service.
"Interexchange service" means telecommunications service between exchanges as defined in a local exchange service provider's tariff.
Subp. 27. Interexchange trunks.
"Interexchange trunks" means transmission facilities used to transport telecommunications traffic between exchanges or central offices.
Subp. 28. Local calling area.
"Local calling area" means the area within which calls originate and terminate without a toll charge.
Subp. 29. Local exchange carrier or LEC.
"Local exchange carrier" or "LEC" means a telephone company that is authorized to provide local telephone service in Minnesota under Minnesota Statutes 1994, section 237.16, subdivision 2.
Subp. 30. Local loop.
"Local loop" means the transmission path capable of transporting analog or digital signals from a network interface at a customer's premises to a central office switching device, distribution frame, or similar demarcation point.
Subp. 31. Local niche service.
"Local niche service" refers to point-to-point connections between end-user locations within a service area and any telecommunications services under the commission's jurisdiction that do not fall within the definition of local service or the definition of interexchange service.
Subp. 32. Local niche service provider.
"Local niche service provider" means a telecommunications carrier that provides local niche service pursuant to a certificate of authority granted by the commission.
Subp. 33. Local service.
"Local service" means dial tone, access to the public switched network, and any related services provided in conjunction with dial tone and access, including services that may be required under part 7811.0600. Local service does not include local niche service.
Subp. 34. Local service provider or LSP.
"Local service provider" or "LSP" means a telephone company or telecommunications carrier providing local service in Minnesota pursuant to a certificate of authority granted by the commission. Local service provider includes both local exchange carriers and competitive local exchange carriers.
Subp. 35. Network element.
"Network element" means the local loop, switching functions, ports, trunks, and any other functional capability of a network, disaggregated from other network capabilities and made available to other carriers and end-users separately from all other network capabilities.
Subp. 36. Network facilities.
"Network facilities" means a telecommunications service provider's facilities other than those used exclusively by a reseller to provide resale service.
Subp. 37. Number portability.
"Number portability" means the ability of customers to retain their existing telephone numbers, consistent with the requirements established by the Federal Communications Commission, notwithstanding changes in location of service, type of service, or local service provider.
Subp. 38. Office of Attorney General-Residential Utilities Division or OAG-RUD.
"Office of Attorney General-Residential Utilities Division" or "OAG-RUD" refers to the Residential and Small Business Utilities Division of the Minnesota Attorney General's Office.
Subp. 39. Person.
"Person" means an individual; a firm, company, limited liability company, partnership, limited liability partnership, corporation, cooperative, and any other commercial or business entity, however organized; any form of municipality including a county, statutory or home rule charter city, and town; and any other political subdivision or agency of the state including, but not limited to, a metropolitan council or commission, school district, joint powers authority, port authority, special service district, regional development commission, and their agencies, as well as any combination of them.
Subp. 40. Port.
"Port" means a mechanism allowing access to switching functions, including dial tone generation, origination, and termination of local and long-distance calls.
Subp. 41. Public safety answering point or PSAP.
"Public safety answering point" or "PSAP" means a facility equipped and staffed to receive and direct the disposition of 911 calls from the basic emergency service provider.
Subp. 42. Resale service.
"Resale service" refers to service that is purchased on a wholesale basis from a local service provider and then resold on a retail basis to end-users.
Subp. 43. Reseller.
"Reseller" means a local service provider that provides local service to end-users without using its own network facilities, or the unbundled network elements of a local exchange carrier.
Subp. 43a. Rural exemption.
"Rural exemption" means the exemption from the obligations of United States Code, title 47, section 251, subsection (c), granted to a rural telephone company pursuant to United States Code, title 47, section 251, subsection (f), paragraph (1).
Subp. 43b. Rural telephone company.
"Rural telephone company" has the meaning given in United States Code, title 47, section 153, paragraph (37).
Subp. 44. Service area.
"Service area" means the geographic area in which a local service provider offers local service pursuant to its certificate of authority under part 7811.0200.
Subp. 44a. Small local exchange carrier or SLEC.
"Small local exchange carrier" or "SLEC" means a telephone company with fewer than 50,000 subscribers that is authorized to provide local telephone service in Minnesota pursuant to Minnesota Statutes 1994, section 237.16, subdivision 2.
Subp. 44b. Study area.
"Study area" means the area designated for a particular local exchange carrier by the FCC.
Subp. 45. Telecommunications.
"Telecommunications" means any transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
Subp. 46. Telecommunications carrier.
"Telecommunications carrier" means a person, firm, association, or corporation as defined in Minnesota Statutes, section 237.01, subdivision 6.
Subp. 47. Telecommunications service.
"Telecommunications service" means the offering of telecommunications under the commission's jurisdiction for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
Subp. 48. Telecommunications service provider.
"Telecommunications service provider" means any provider of telecommunications service.
Subp. 49. Telephone company.
"Telephone company" means a person, firm, association, or other entity, as defined in Minnesota Statutes, section 237.01, subdivision 7.
Subp. 50. Total service long-run incremental cost or TSLRIC.
"Total service long-run incremental cost" or "TSLRIC" has the meaning given in Minnesota Statutes, section 237.772, subdivision 1.
Subp. 51. Universal service area.
"Universal service area" means the local exchange carrier's study area or any other area designated jointly by the commission and the FCC pursuant to Code of Federal Regulations, title 47, section 54.203, paragraphs (c) and (d).
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079; L 2001 1Sp4 art 6 s 1
Minn. R. 7811.0150 Applicability of Rules of Practice and Procedure
Proceedings under this chapter must be conducted according to the commission's rules of practice and procedure, parts 7829.0100 to 7829.1200 and 7829.2600 to 7829.3200, to the extent those parts are consistent with the requirements of this chapter. These parts set forth, among other things, the treatment of trade secret and proprietary information, the content and use of service lists, the means for achieving intervenor and participant status, the conduct of expedited proceedings, and the means for waiving commission rules.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.0200 General Certification Requirements
Subpart 1. Scope.
No person may provide telecommunications service in areas served by LECs with fewer than 50,000 subscribers in Minnesota without first obtaining a certificate under this part and parts 7811.0300 to 7811.0600, except to the extent the person is providing telephone service under a certificate issued by the commission before June 2, 1998.
Subp. 2. Certification categories.
A person may seek certification in any of the following four categories:
A. local facilities-based service;
B. local resale service;
C. interexchange service; or
D. local niche service. A certificate to provide local facilities-based service authorizes the provision of all forms of local service, interexchange service, and local niche service in Minnesota. A certificate to provide local resale service only authorizes the provision of local resale service. A certificate to provide interexchange service only authorizes the provision of interexchange service. A certificate to provide local niche service only authorizes the provision of local niche service. An applicant may request certification in multiple categories in a single petition.
Subp. 3. Limitations on local service certification/intent to provide service.
An applicant may obtain certification to provide local service for a geographic area only if:
A. the applicant has started any necessary negotiations for resale, the purchase of network elements, or interconnection under section 252 of the federal act with the local exchange carrier (LEC) currently serving the area; and
B. the applicant files plans to comply with subpart 4. A certificate for local service obtained under part 7811.0300 or 7811.0350 applies only to the service area designated in the petition within the limits established in this subpart. The service area may be expanded under part 7811.0300, subpart 5, or 7811.0350, subpart 5.
Subp. 3a. Reporting service area status.
Each local service provider (LSP) shall report to the commission six months before the deadline identified in subpart 4, items A to C, regarding the extent to which it is offering local service in its service area. The report must indicate which portions of the LSP's service area, if any, remain nonoperational and delineate the LSP's projected timetable for offering local service throughout the entire area as required in subpart 4.
Subp. 4. Service obligations.
The local service provider (LSP) certified under part 7811.0300 or 7811.0350 must offer services, consistent with part 7811.0600, throughout its entire service area within 36 months after the later of the following three dates:
A. the date of the commission order granting the applicant's certificate of authority;
B. the date of the commission order under part 7811.1100 approving the necessary agreements resulting from the negotiations that provided the basis under subpart 3, item A, for granting the certificate; or
C. June 2, 1998. Unless a local service provider demonstrates to the satisfaction of the commission, under subpart 5, that its failure to offer basic local service throughout its entire service area within 36 months is the result of factors beyond the LSP's control, the commission shall revoke the LSP's certificate with respect to those areas in which the LSP is not offering basic local service.
Subp. 5. Show-cause proceeding to justify failure to serve entire area.
An LSP shall file a petition with the commission to justify anticipated failure to offer basic local service as required under this part. A petition must be filed at least 90 days before the applicable deadline under subpart 4. The petition must include the basis for the local service provider's failure to meet the deadline and an alternative date by which the LSP expects to begin offering service in the areas for which it will not meet the deadline.
Subp. 6. Required notification.
Petitions for certification under this chapter must be served on the department, the OAG-RUD, the Department of Administration, persons certified to provide telecommunications service within the applicant's designated service area, and the city clerk, or other official authorized to receive service or notice on behalf of the municipality, of all municipalities within the applicant's designated service area.
Subp. 7. Comment periods.
Comments on a petition must be filed and served within 45 days after the petition is filed. Responsive comments must be filed and served within 20 days after the deadline for initial comments.
Subp. 8. Factual disputes.
If the petition raises contested issues of material fact, the commission shall refer the matter to the Office of Administrative Hearings for contested case proceedings or conduct an expedited proceeding under Minnesota Statutes, section 237.61, if permitted under the commission's rules of practice and procedure under part 7829.1200, item B or C.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.0300 Local Facilities-Based Service Certification
Subpart 1. Scope of certificate.
A certificate to provide local facilities-based service authorizes the provision of telecommunications services in Minnesota within the area identified in the applicant's petition. This includes authority to provide local service through the resale of a local exchange carrier's services, the purchase and recombination of a local exchange carrier's network elements, or the use of the local service provider's own facilities.
Subp. 2. Filing requirements.
A petition for authority to provide local facilities-based service must include the following information:
A. the applicant's full legal name and address, including the address of the applicant's place of business; if a corporation, the names, addresses, telephone numbers, and business experience of its officers; if a partnership or limited liability partnership, the names, addresses, telephone numbers, and business experience of persons authorized to bind the partnership; or, if a limited liability company, the names, addresses, and telephone numbers of its managers;
B. a description of the applicant's organizational structure, including documentation identifying the applicant's legal status, for example, sole proprietorship, partnership, limited liability partnership, company, limited liability company, corporation, and so forth; a copy of its articles of incorporation; and, a list of shareholders, partners, or members owning ten percent or more of the interest in the business;
C. a list of the applicant's affiliates, subsidiaries, and parent organizations, if any;
D. the nature of the applicant's business, including a list of the services it provides;
E. a description of the applicant's business history, including:
F. for the most recent fiscal year, a financial statement of the applicant, consisting of a balance sheet, an income statement, notes to the financial statement, and, if available, an annual report;
G. a list and description of the types of services the applicant seeks authority to offer:
H. a proposed price list or tariff setting forth the rates, terms, and conditions of each service offering, unless the applicant is seeking a conditional certificate under subpart 4 and has not yet developed the information listed in this item;
I. a service area map providing the information required under part 7810.0500, subpart 2, and narrative description of the area for which the applicant is seeking certification, except that if the applicant does not have the necessary agreements or tariffs to serve the entire area for which certification is sought, a map providing the information required under part 7810.0500, subpart 2, and a narrative delineating specifically those areas in which the applicant is currently prepared to provide service;
J. the date by which the applicant expects to offer local service to the entire service area for which the applicant is seeking certification, including the applicant's estimated timetable for providing at least some of its services through use of its own network facilities;
K. a description of the applicant's policies, personnel, and equipment or arrangements for customer service and equipment maintenance, including information demonstrating the applicant's ability to respond to customer complaints and inquiries promptly and to perform maintenance necessary to ensure compliance with the quality requirements set forth in the commission's rules;
L. a copy of the applicant's certificate to conduct business from the Minnesota Secretary of State;
M. a description of the applicant's facilities and the location or proposed location of those facilities;
N. other information needed to demonstrate that the applicant has the managerial, technical, and financial ability to provide the services it intends to offer consistent with the requirements of this chapter and applicable law; and
O. a statement of when comments and responsive comments are due pursuant to part 7811.0200, subpart 7.
Subp. 3. Decision criteria.
A certificate to provide local facilities-based service must not be granted unless the applicant establishes that it has the financial, technical, and managerial capability to provide the services described in its petition consistent with the public interest, including the requirements of this chapter, Minnesota Statutes, section 237.16, and all other applicable laws, rules, and commission orders. The decision to grant a certificate under this part must be based on the following criteria:
A. the applicant's experience providing telecommunications service in Minnesota or other jurisdictions, including the extent to which that experience is comparable to the service plans outlined in the certification petition;
B. the applicant's personnel, staffing, equipment, and procedures, including the extent to which these are adequate to ensure compliance with the commission's rules and orders relating to service requirements, service quality, customer service, engineering, accounting, and other relevant areas;
C. the extent to which the applicant has had any civil, criminal, or administrative action taken against it in connection with the applicant's provision of telecommunications services;
D. the applicant's cash reserves and the extent to which those reserves or cash equivalent are adequate to meet the applicant's start-up costs and expenses;
E. the applicant's business or owner equity, which must be positive;
F. the nature and location of the applicant's proposed or existing facilities, including the extent to which those facilities are capable of providing the services identified in the applicant's filing under this part;
G. the applicant's plan and facilities for receiving and responding to customer inquiries and complaints, which must include a toll-free telephone number giving customers access to the applicant's place of business during regular business hours; and
H. any other factors relevant to determining the applicant's technical, managerial, and financial capability to provide the services, as described in its petition, consistent with the public interest, including the requirements of this chapter, Minnesota Statutes, section 237.16, and all other applicable laws, rules, and commission orders.
Subp. 4. Conditional certificate.
The commission may grant a conditional certificate pending submittal and commission approval of the tariffs and intercompany agreements necessary for providing the services contemplated in the applicant's petition for certification. The filings necessary to make the conditional certificate operational must include any related changes to every service area map filed under subpart 2, item I. The maps must distinguish clearly between operational areas and nonoperational areas.
Subp. 5. Amended certificate for change in service area.
A local service provider (LSP) shall not provide local service in an area for which it does not have a valid certificate under this part or acquire ownership or control of another LSP without first obtaining an amended certificate from the commission applicable to the area into which the LSP proposes to expand. A petition to modify a local service provider's service area must include a revised map and descriptive narrative as provided in subpart 2, item I, indicating the applicant's proposed service area changes. If the LSP proposes to expand into an area served by a separate LEC, the LSP must meet the service area coverage requirements of part 7811.0200 with respect to the area served by that separate LEC. The petition must be served on the parties identified in part 7811.0200, subpart 6. An amended certificate under this subpart is deemed approved within 20 days of the petition's service date unless:
A. the petition involves an acquisition under Minnesota Statutes, section 237.23, in which case a certificate must not be granted until the acquisition is approved under that section; or
B. an objection to the petition is filed within 20 days of the petition's service date, in which case the commission shall determine whether to grant the petition in an expedited proceeding under Minnesota Statutes, section 237.61. An objection must identify the reasons for opposing the petition, including a statement of why the proposed service area revisions would not be consistent with the public interest. When an objection is filed under item B, the applicant has the burden of proving that it has the technical, managerial, and financial resources to provide local service in the service area into which it proposes to expand, consistent with this chapter and applicable rules, commission orders, and laws.
Subp. 6. Changes in terms and conditions.
An LSP shall file and obtain approval of tariffs to reflect any changes in terms and conditions of service. The LSP filing for a tariff change under this subpart shall demonstrate that the change is consistent with the provider's certificate and applicable commission orders, rules, or laws.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.0350 Local Resale Service Certification
Subpart 1. Scope of certificate.
A certificate to provide local resale service exclusively authorizes the provision of local service as a reseller throughout the service area identified in the petition. It does not authorize the provision of other telecommunications service and it does not authorize the provision of local service through the applicant's own network facilities or through the purchase and recombination of a local exchange carrier's network facilities.
Subp. 2. Filing requirements.
A petition for authority to provide local service as a reseller must include the information required under part 7811.0300, subpart 2, items A to L and item O, except for the information relevant only to facilities-based service identified or contemplated in part 7811.0300, subpart 2, items G and K. The applicant shall provide any additional information needed to demonstrate that it satisfies the requirements for certification under subpart 3.
Subp. 3. Decision criteria.
A certificate to provide local service as a reseller must be granted when the applicant establishes that it has the financial, technical, and managerial capability to provide the services described in its petition consistent with the public interest, including the requirements of this chapter, Minnesota Statutes, section 237.16, and all other applicable laws, rules, and commission orders. The decision to grant a certificate under this part must be based on the criteria in part 7811.0300, subpart 3, to the extent those criteria relate to the applicant's technical, managerial, and financial ability to provide resale service consistent with the public interest, including the requirements of this chapter, Minnesota Statutes, section 237.16, and all other applicable laws, rules, and commission orders.
Subp. 4. Conditional certificate.
The commission may grant a conditional certificate for local resale service as provided in part 7811.0300, subpart 4.
Subp. 5. Amended certificate for change in service area.
A reseller may expand its service area as provided in part 7811.0300, subpart 5.
Subp. 6. Changes in terms and conditions.
A reseller may change its terms and conditions of service as provided under part 7811.0300, subpart 6.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.0400 Interexchange Service Certification
Subpart 1. Filing requirements.
A petition to provide interexchange service, but not local service, must include all the information required for local resale service petitions under part 7811.0350.
Subp. 2. Decision criteria.
The commission shall apply the decision criteria identified in part 7811.0300 or 7811.0350 to the extent those criteria are relevant to providing interexchange service.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.0500 Local Niche Service Certification
Subpart 1. Filing requirements.
A petition to provide local niche service, but not local service or interexchange service, must include a description of the applicant's business organization, experience, and expertise in providing telephone or telecommunications services, including local niche service. The petitioner must also submit a balance sheet indicating its current financial status, and a statement of when comments and responsive comments are due pursuant to part 7811.0200, subpart 7.
Subp. 2. Decision criteria.
The commission shall apply the criteria identified in part 7811.0300 or 7811.0350 to the extent those criteria are relevant to providing the local niche services the petitioner intends to provide.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.0550 911 Emergency Service Capabilities and Requirements
Subpart 1. CLEC 911 plan.
Before providing local service in a service area, a competitive local exchange carrier (CLEC) shall submit to the commission a comprehensive plan, detailing how it will provide 911 service to its customers in a manner consistent with applicable law, including chapter 7580, and comparable to the provision of 911 service by the local exchange carrier (LEC) operating in the competitive local exchange carrier's service area. The CLEC filing the plan shall serve the plan on the department, Office of Attorney General-Residential Utilities Division (OAG-RUD), commissioner of public safety, and, if the CLEC proposes to serve within the metropolitan area, as defined in Minnesota Statutes, section 403.02, the Executive Director of the Metropolitan 911 Board. The commission shall not permit the CLEC to begin providing local service until the commission has approved the plan.
Subp. 2. LEC cooperation.
A LEC shall provide a CLEC with the access to facilities and information necessary to enable the CLEC to meet its 911 service obligations. With respect to resale service, the LEC shall provide a CLEC customer's name, address, and telephone number information to the automatic location identification (ALI) database provider within 24 hours of the daily close of service order activity.
Subp. 3. Factors to apply in reviewing CLEC plan.
In determining whether to approve a competitive local exchange carrier's 911 plan under subpart 1, the commission shall consider the competitive local exchange carrier's ability and intent to:
A. comply with chapter 7580;
B. integrate into the 911 tandem network as specified in the relevant county plan to achieve appropriate tandem-based choking, if the county is served by a tandem network;
C. design a network with adequate diversity and default-routing capability;
D. provide for the display at the public safety answering point (PSAP) of the customer's old and new telephone numbers when call-forwarding technology is used for interim number portability;
E. cooperate with each relevant county and system integrator in developing a 911 contingency plan;
F. maintain circuit-routing profiles and expedite service restoration;
G. share customer information and data consistent with current national standards for sharing information related to providing emergency telephone service;
H. enter into nondisclosure agreements with the ALI database provider;
I. submit data to the ALI database provider in the format required by the database provider;
J. ensure that the competitive local exchange carrier's identity is shown on the ALI record and displayed at the PSAP to the extent required by the county;
K. provide for operator-assisted emergency calls, including calls from customers who are deaf, deafblind, hard-of-hearing, or who have a speech disability, or from non-English speaking customers; and
L. perform any other function relevant to the provision of 911 emergency service.
Subp. 4. Use of decision criteria.
The factors identified in subpart 3, items A to L, must be considered as criteria to assist the commission in its evaluation of the adequacy of 911 plans. No one factor need be considered dispositive.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079; L 2003 1Sp1 art 2 s 104; L 2013 c 62 s 32
Minn. R. 7811.0600 Basic Local Service Requirements
Subpart 1. Required services.
A local service provider (LSP) shall provide, as part of its local service offering, the following to all customers within its service area:
A. single party voice-grade service and touch-tone capability;
B. 911 or enhanced 911 access;
C. 1 + intraLATA and interLATA presubscription and code-specific equal access to interexchange carriers subscribing to its switched access service;
D. access to directory assistance, directory listings, and operator services;
E. toll and information service-blocking capability without recurring monthly charges as provided in the commission's ORDER REGARDING LOCAL DISCONNECTION AND TOLL BLOCKING CHARGES, Docket No. P-999/CI-96-38 (June 4, 1996), and its ORDER GRANTING TIME EXTENSIONS AND CLARIFYING ONE PORTION OF PREVIOUS ORDER, Docket No. P-999/CI-96-38 (September 16, 1996), which are incorporated by reference, are not subject to frequent change, and are available through the statewide interlibrary loan system;
F. one complete directory per year for each local calling area, which may include more than one local calling area, consistent with the customer option provisions of part 7810.2950 and, upon a customer's request and in the customer's preferred format among the formats offered by the local service provider, one copy of any other directory within the local calling area;
G. a white pages and directory assistance listing, or, upon customer request, a private listing that allows the customer to have an unlisted or unpublished telephone number;
H. call-tracing capability according to chapter 7813;
I. blocking capability according to the commission's ORDER ESTABLISHING CONDITIONS FOR THE PROVISION OF CUSTOMER LOCAL AREA SIGNALING SERVICES, Docket No. P-999/CI-92-992 (June 17, 1993) and its ORDER AFTER RECONSIDERATION, Docket No. P-999/CI-92-992 (December 3, 1993), which are incorporated by reference, are not subject to frequent change, and are available through the statewide interlibrary loan system;
J. telecommunications relay service capability or access necessary to comply with state and federal regulations; and
K. any other services supported by federal universal support mechanisms pursuant to Code of Federal Regulations, title 47, section 54.101(a), except to the extent that:
Subp. 2. Separate flat rate service offering.
Each LSP shall offer the services identified in subpart 1 as a separate tariff or price list offering on a flat rate basis. An LSP may also offer basic local service on a measured rate basis or in combination with other services. An LSP may impose separate charges for the services set forth in subpart 1 only to the extent permitted by applicable laws, rules, and commission orders.
Subp. 3. Service area obligations: all LSPs.
An LSP shall provide its local services on a nondiscriminatory basis, consistent with its certificate under part 7811.0300 or 7811.0350, to all customers who request service and whose premises fall within the carrier's service area boundaries or, for an interim period, to all requesting customers whose premises fall within the operational areas of the local service provider's service area under part 7811.0300, subpart 4, or 7811.0350, subpart 4. The obligation to provide resale services does not extend beyond the service capability of the underlying carrier whose service is being resold. The obligation to provide facilities-based services does not require an LSP that is not an eligible telecommunications carrier (ETC) to build out its facilities to customers not abutting its facilities or to serve a customer if the local service provider cannot reasonably obtain access to the point of demarcation on the customer's premises.
Subp. 4. Service area obligations: ETCs.
An LSP designated an ETC by the commission must provide local service, including, if necessary, facilities-based service, to all requesting customers within the carrier's service area on a nondiscriminatory basis, regardless of a customer's proximity to the carrier's facilities. An LSP may assess special construction charges approved by the commission if existing facilities are not available to serve the customer.
Subp. 5. CLEC service areas.
Competitive local exchange carriers (CLECs) may designate service areas different than the service areas of LECs, as provided in this chapter.
Subp. 6. Limitation on exit.
An LSP shall not withdraw from a service area unless another LSP certified for that area will be able to provide basic local service to the exiting local service provider's customers immediately upon the date the exiting provider discontinues service. An LSP shall not withdraw from its service area until at least 60 days after it has given written notice to the commission, department, Office of Attorney General-Residential Utilities Division (OAG-RUD), and its customers. The notice must identify the other LSPs available to its customers.
Subp. 7. Service disconnection.
An LSP may disconnect a customer's basic local service as allowed under parts 7810.1800 to 7810.2100, except that it shall not disconnect basic local service for nonpayment of charges for any service other than basic local service.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079; 40 SR 47
Minn. R. 7811.0700 General Service Quality Requirements
Subpart 1. Service to end-users.
The local services provided by a local service provider (LSP) must meet the standards in:
A. applicable commission orders and rules, including parts 7810.0100 to 7810.6100 or their successor parts; and
B. the local service provider's alternative regulation plan (AFOR), if the provider is operating under an AFOR.
Subp. 2. Intercarrier agreements.
All local exchange carriers (LECs) and competitive local exchange carriers (CLECs) must include quality standards in their intercarrier agreements for resale, the purchase of network elements, or interconnection. These standards must, at a minimum:
A. enable each party to the agreement to meet the standards applicable under subpart 1; and
B. ensure that the CLEC receives service, network elements, and interconnection at least at parity with the services, network elements, and interconnection the LEC provides to itself or to any subsidiary, affiliate, or other party consistent with section 251, subsection (c), paragraphs (2) and (3), of the act and section 51.311, paragraph (b), of the FCC interconnection rules.
Subp. 3. Intercarrier standards exceeding parity.
The standards in an agreement under subpart 2 may require the LEC to provide the CLEC with services, network elements, or interconnection at a level of quality exceeding that which the LEC provides itself or its affiliates. The CLEC shall pay a reasonable portion of the additional cost of providing the higher quality of service if the higher quality level goes beyond the specific mandates in applicable commission orders or rules. The reasonable portion of additional costs the CLEC must pay must be determined as provided in items A and B:
A. The CLEC shall pay for the higher quality services, network elements, or interconnection based on the proportional benefit the CLEC receives from the higher standards relative to the benefit received by the LEC.
B. The LEC shall demonstrate through its own internal quality measures that the contract standards exceed both the local exchange carrier's internal standards and the standards set forth in applicable commission orders and rules. Disputes regarding payment for higher service levels must be resolved through arbitration under section 252, subsection (b), of the act or through the dispute resolution process set forth in the parties' agreement.
Subp. 4. Determining carrier responsibility.
An LSP is directly responsible to its customers for the quality of service provided to those customers. Nothing in this subpart may be interpreted or applied to impact the allocation of liability between two or more telecommunications service providers in connection with quality of service issues.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.0800 Local Calling Scope for Clec's
Subpart 1. Required offering.
A competitive local exchange carrier (CLEC) shall offer each end-user at least one flat rate calling area that matches the flat rate calling area offered that customer by the local exchange carrier (LEC) under part 7811.0900, subpart 1, including any applicable extended area service (EAS).
Subp. 2. Additional calling area options.
Upon 30 days' notice to the commission, department, Office of Attorney General-Residential Utilities Division (OAG-RUD), and LEC, a CLEC may offer alternative calling areas or measured rate options in addition to the flat rate calling area offered under subpart 1. The rates charged under any alternative calling area or measured rate options must be just, reasonable, and affordable relative to the rates charged for the required calling area under subpart 1.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.0900 Local Calling Scope Flexibility for Lec's
Subpart 1. Required offering.
A local exchange carrier (LEC) shall offer each end-user the flat rate calling area, including any applicable extended area service (EAS), offered by the LEC as of June 2, 1998, as modified to reflect any subsequent addition or removal of EAS under the following commission orders, which are incorporated by reference, regarding the commission's Investigation into the Appropriate Local Calling Scope, in Accordance with Minn. Stat. 237.161, Docket No. P-999/CI-94-296:
A. ORDER REACTIVATING THE PROCESSING OF EAS PETITIONS (October 24, 1995); and
B. ORDER AFTER RECONSIDERATION (February 23, 1996). These orders are not subject to frequent change and are available through the statewide interlibrary loan system.
Subp. 2. Additional calling area options.
At any time after receipt of a notice under part 7811.0800, subpart 2, that a competitive local exchange carrier (CLEC) intends to offer additional alternative local calling areas or measured rate options, the LEC may, upon 30 days' notice to the commission, department, Office of Attorney General-Residential Utilities Division (OAG-RUD), and CLECs certified in the applicable area, file a tariff offering additional calling areas or measured rate options. The rates charged under an alternative calling area or measured rate options must be just, reasonable, and affordable relative to the rates charged for the required calling area under subpart 1. Changes in current rates are subject to the applicable provisions of Minnesota Statutes, chapter 237, regarding rate changes.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.1000 Annual Notice of Customer Rights
At the time service is initiated, at least annually thereafter, and upon customer request, a local service provider (LSP) shall provide customers with a summary, in plain language, of the rights and obligations of customers as provided in items A to D.
A. The notice must describe the complaint procedures available through the LSP and the commission, and must indicate that the customer can contact the commission if dissatisfied with the local service provider's resolution of the customer's complaint. The notice must specify the current address and the local and toll-free telephone numbers of the commission's Consumer Affairs office.
B. The notice must describe the customer's rights regarding the payment of bills, disconnection of service, privacy, deposits, low-income assistance, programs for people with hearing loss, and blocking options.
C. The notice must summarize the commission's service quality standards and the remedies available to customers for failure to meet those standards.
D. The notice must specify the price and service options as required by Minnesota Statutes, section 237.66.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079; L 2013 c 62 s 32
Minn. R. 7811.1050 Notice of Price Increase
A local exchange carrier (LEC) that is not otherwise required to provide notice under Minnesota Statutes, section 237.773, and that has one or more competitive local exchange carriers authorized to provide local services in its service area shall provide to its customers written notice of a price increase via bill insert or direct mail at least 20 days before the effective date of the price increase. The LEC shall also provide to the commission written notice of a price increase at least 20 days before the effective date of the price increase.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.1100 Notice and Disclosure of Calling Area Offerings
New calling area offerings that differ from the calling area authorized under part 7811.0900, subpart 1, must comply with the customer notice requirements of items A to C.
A. The local service provider (LSP) shall include a map that distinguishes between the new calling area offerings and the calling area required under part 7811.0900, subpart 1, in printed advertisements and written solicitations regarding the new calling area offerings and in each customer's initial bill for service under the new calling area. The printed advertisements, written solicitations, and initial bill must include a narrative explaining the differences between the different calling area offerings, including the differences in the application of toll charges.
B. The LSP shall identify clearly the differences between any new calling area offering and the calling area required under part 7811.0900, subpart 1, including the differences in the application of toll charges, as part of any oral solicitation or contact with a customer regarding the new calling area offerings.
C. The LSP shall not provide service to a customer under a calling area different from the calling area authorized under part 7811.0900, subpart 1, unless the customer requests the new calling area after receiving direct notice and explanation as required under item A or B.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.1200 Protection Against Changes in Service or Provider
A local service provider must comply with Minnesota Statutes, section 237.66, with respect to changes in a customer's local service provider.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.1300 Universal Service
Subpart 1. State universal service support mechanism.
Eligibility for any state universal service support established by the commission under Minnesota Statutes, section 237.16, subdivision 9, must be limited to commission-designated eligible telecommunication carriers (ETCs) that offer and market the services identified in part 7811.0600, subpart 1. The support mechanism must provide support as necessary to ensure the affordability of basic local service, on a competitively neutral basis, consistent with section 254 of the act and FCC regulations adopted under the act, for the benefit of the following categories of end-users:
A. high-cost area end-users; and
B. low-income end-users.
Subp. 2. Federal universal service support mechanism.
Eligibility for federal universal service support for the benefit of high-cost area and low-income customers shall be limited to commission-designated ETCs as provided in section 254 of the federal act and applicable FCC regulations adopted pursuant to the act. Local service providers are eligible to receive federal universal service support for the benefit of rural health care providers, educational institutions, and libraries as provided in section 254, subsection (h), paragraph (1), subparagraph (B)(ii), of the act and any applicable FCC regulations.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.1400 Etc Designation
Subpart 1. Automatic designation of LECs.
On and after June 2, 1998, each local exchange carrier (LEC) operating in Minnesota shall be designated an eligible telecommunication carrier (ETC), eligible to receive universal service support throughout its service area existing on June 2, 1998, under both the federal support mechanism established pursuant to section 254 of the act and any state fund established pursuant to Minnesota Statutes, section 237.16, subdivision 9.
Subp. 2. Designation of CLECs upon petition.
Upon request and consistent with the public interest, convenience, and necessity, the commission may designate a competitive local exchange carrier (CLEC) as an ETC and eligible to receive universal service support from the federal universal service support mechanisms under section 254 of the federal act and any state universal service fund established under Minnesota Statutes, section 237.16, subdivision 9, if the CLEC qualifies as an ETC under part 7811.0100, subpart 15. Before designating an additional eligible telecommunications carrier, the commission shall find that the designation is in the public interest. A request for designation as an ETC eligible to receive universal service support must be filed and decided according to the requirements of subparts 3 to 13.
Subp. 3. Determining applicable universal service area.
A decision on a petition for designation to receive universal service support under this part must include a determination of the applicable universal service area. The applicable universal service area shall be the study area of the relevant LEC unless the commission and the FCC adopt a different service area pursuant to Code of Federal Regulations, title 47, section 54.203, paragraphs (c) and (d).
Subp. 4. Petition information.
A competitive local exchange carrier's petition for designation as an ETC to receive federal universal service support under section 254 of the act, or any state universal service support under Minnesota Statutes, section 237.16, subdivision 9, must include:
A. the legal name, address, and telephone number of the CLEC and its designated contact person;
B. the name, address, and telephone number of the attorney, if the CLEC will be represented by an attorney;
C. the proposed effective date of designation of eligibility to receive universal service support;
D. the signature and title of the CLEC officer or representative authorizing the petition;
E. identification of the service area for which designation is sought, the LEC serving that area and whether the petitioning CLEC considers that LEC to be a rural telephone company;
F. a statement supporting the petition, which specifies why the requested designation satisfies the requirements for receiving universal service support under part 7811.0700; and
G. a statement of when and how a person may intervene, file comments and reply comments, and challenge the petition's form and completeness pursuant to subparts 6, 8, 9, and 10.
Subp. 5. Filing and service.
A local service provider (LSP) filing a designation petition under subpart 1 shall file an original and 15 copies of the petition with the commission, unless otherwise directed by the executive secretary. A copy of the petition must also be served on the department, the Office of Attorney General-Residential Utilities Division (OAG-RUD), those persons on the applicable general service list established pursuant to part 7829.0600, and on all other LSPs authorized to provide services in the area for which designation is sought.
Subp. 6. Challenges to form and completeness.
A person wishing to challenge the form or completeness of a designation petition shall do so within ten days of its filing. The filing local service provider shall reply to the challenge within five days of its filing.
Subp. 7. Rejection of filings.
The commission shall reject a designation petition found to be substantially out of compliance with this part. A filing under this part not rejected within 45 days of filing is considered accepted as in substantial compliance with applicable filing requirements.
Subp. 8. Initial comments.
A person wishing to comment on a designation petition under this part shall file initial comments within 20 days of the filing. Initial comments must include a recommendation on whether the filing requires a contested case proceeding, expedited proceeding, or some other procedure, together with reasons for the recommendation.
Subp. 9. Petition to intervene.
If a person who files initial comments is not entitled to intervene in a commission proceeding as of right and desires full party status, the person shall file a petition to intervene pursuant to part 7829.0800, or 1400.6200 if the matter is before an administrative law judge, before the reply comment period expires. The intervention petition may be combined with comments on the filing.
Subp. 10. Reply comments.
Commenting parties have ten days from the expiration of the original comment period to file reply comments. Reply comments must be limited in scope to the issues raised in the initial comments.
Subp. 11. Nature of proceeding.
Unless all parties agree to the use of a different procedure or all material issues of fact have been resolved, the commission shall conduct an expedited proceeding under Minnesota Statutes, section 237.61, or refer the matter for a contested case proceeding.
Subp. 12. Time frame for disposition.
The commission shall take final action within 180 days of the filing of the petition.
Subp. 13. Unserved areas.
The commission may order an LSP to provide the services that are supported by a federal universal service support mechanism to an otherwise unserved area only as provided in section 102(a) of the act and consistent with Minnesota Statutes, sections 237.081 and 237.16.
Subp. 14. Relinquishment of universal service.
A local service provider may relinquish its ETC designation and accompanying universal service obligations as provided in items A to C.
A. A local service provider seeking to relinquish its ETC designation shall file a petition with the commission, specifying the service area for which it seeks to relinquish its designation, its proposed timetable for relinquishing its designation, and the identity of the other ETCs serving the service area. The petition to relinquish must be served on the department, the OAG-RUD, and all other local service providers serving the area for which the petitioner seeks to relinquish its ETC designation.
B. The commission shall permit a local service provider to relinquish its ETC designation if at least one other ETC serves the area for which the relinquishment is sought.
C. The petitioning ETC shall continue to meet its ETC obligations for the entire area for which it seeks to relinquish those obligations until the date specified in the commission's order approving the relinquishment. The commission shall specify the date upon which the local service provider may discontinue service based on the ability of other ETCs to serve the relinquishing provider's customers as provided in section 102(a) of the act.
Subp. 15. Revocation.
The commission shall revoke a local service provider's ETC designation upon finding that the LSP does not qualify as an ETC under part 7811.0100, subpart 15.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.1500 Intercarrier Negotiations Generally
Subpart 1. Definitions.
The following definitions apply to parts 7811.1500 to 7811.1900:
A. "Arbitration" means an alternative process for resolving disputes submitted to the commission pursuant to section 252 of the act, in which the commission, assisted by a neutral third party fact finder, makes a final determination on the issues presented.
B. "Arbitrator" means the person or persons designated by the commission to conduct arbitration proceedings as provided in part 7811.1700.
C. "Intervenor" means a person who is not a party to the negotiation but who is permitted to participate as a party in a proceeding under part 7811.1700 or 7811.1800.
D. "Mediation" means a voluntary alternative dispute resolution process in which a neutral third party helps parties reach a negotiated agreement as provided in part 7811.1600.
E. "Negotiating party" means a party to negotiations under section 252 of the act.
F. "Participant" means a person who files comments or otherwise participates in an arbitration or approval proceeding without becoming a party to the proceeding.
G. "Party" means a party to the negotiations under section 252 of the act, or a person permitted to intervene in the arbitration or approval proceeding under part 7811.1700 or 7811.1800.
H. "Petition for arbitration" means the petition requesting arbitration of open issues in a negotiation for interconnection or resale pursuant to section 252 of the act.
I. "Petitioner" means a party to a negotiation who files a petition for arbitration.
J. "Respondent" means a party to a negotiation against whom a petition for arbitration is filed.
Subp. 2. Establishing initial service list.
Persons desiring to receive notice of (1) requests for negotiation under section 252 of the act, (2) filings related to arbitrations under part 7811.1700, and (3) approval proceedings under part 7811.1800, shall file a written request with the incumbent local exchange carrier (LEC). The LEC shall maintain a list of all persons who have filed the requests and shall provide the list to any carrier requesting negotiations under section 252 of the act. The commission's rules of practice and procedure, part 7829.0600, subparts 2 to 5, apply to this list.
Subp. 3. Notice of interconnection request.
An incumbent LEC that receives a bona fide request for negotiation pursuant to part 7811.2000, subpart 1, shall notify the commission in writing of the request. The notice must identify the party requesting negotiation and the date of the request. The notice must be filed and served on the other party to the negotiation, the department, the Office of Attorney General-Residential Utilities Division (OAG-RUD), and persons on the service list established under subpart 2 within ten days after receiving the request.
Subp. 4. Update on negotiation status.
Each party to a negotiation shall, between 90 and 125 days after the bona fide request for negotiation, notify the commission in writing of the status of the negotiations. The status report must identify any issues that have been settled, provide any timetable for completing the negotiations on which the parties have agreed, and indicate the date, if any, on which the party anticipates filing for arbitration. The parties may file a joint status report in lieu of a separate report from each party.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.1600 Mediation of Intercarrier Negotiations
Subpart 1. Request for mediation.
A party may request mediation by the commission at any point during the negotiation. The parties to the negotiation may also file a joint request for mediation. The request must be in writing and must include the following information:
A. the identity of the parties to the negotiation, including the name, address, and telephone numbers and FAX numbers of the parties or their representatives;
B. the date on which the bona fide request for negotiation was made pursuant to part 7811.2000, subpart 1, or the date on which the local exchange carrier's rural exemption was terminated pursuant to part 7811.2000, whichever is later;
C. a brief summary of the parties negotiation history, including meeting dates and issues discussed;
D. a brief statement of the nature of the dispute, including a list of the issues in the negotiation that identifies which issues have already been resolved, which have not been resolved and which unresolved issues should be mediated;
E. a statement of the parameters, if any, within which the requesting party expects the mediator to help resolve the disputed issues;
F. a proposed calendar for the mediation, including a date by which the mediation should be terminated if an agreement is not reached;
G. any recommendations regarding the choice of mediator, including preferences related to qualifications or individuals;
H. any agreements between the parties as to how the mediation should be conducted; and
I. when and how to respond to the request pursuant to subpart 3 if any negotiating party did not join the mediation request.
Subp. 2. Notice of request.
The party requesting mediation shall serve the request on the other party or parties to the negotiation, the department and the Office of Attorney General-Residential Utilities Division (OAG-RUD).
Subp. 3. Response to request.
The negotiating party that did not file a mediation request shall file with the commission a written response to the request within ten days after being served under subpart 2. The response must be served as provided in subpart 2. The response must indicate whether the party is willing to participate in a mediation and identify any disagreements with the text of the petition for mediation.
Subp. 4. Decision to initiate mediation.
The commission shall initiate a mediation upon request under subpart 2 unless another party to the negotiation indicates in writing that it will not participate in a mediation. The mediation shall be initiated by appointing a mediator under subpart 5.
Subp. 5. Appointment of mediator.
Within 15 days after receiving the mediation request, the commission or the commission's executive secretary shall appoint a person or persons to serve as mediator unless a party to the negotiation has submitted written notice that it will not participate in the mediation. Upon appointment, the mediator shall contact the parties promptly and establish a time to begin mediation. This subpart does not preclude the parties, by mutual agreement, from seeking private mediation from some other source in lieu of mediation under this part.
Subp. 6. Mediator qualifications.
The person appointed to mediate must be an administrative law judge assigned by the Office of Administrative Hearings, a member of the commission's staff, or a person retained by the commission on contract for the purpose of mediating under this part. The mediator assigned must have training or experience in mediation or expertise in the subject matter of the negotiations.
Subp. 7. Mediator neutrality and participation in subsequent proceedings.
The mediator must have no personal or financial interest in the outcome of the negotiations. The mediator shall not conduct or participate in any arbitration or approval proceedings regarding the matters submitted for mediation except as provided in subpart 15.
Subp. 8. Mediator role.
The mediator has no authority to compel a settlement, but shall attempt to encourage voluntary settlement by the parties. The mediator may make suggestions or, subject to the consent of the parties, take actions the mediator considers helpful in facilitating a settlement. The mediator's actions may include:
A. scheduling meetings;
B. directing the parties to provide and exchange information;
C. holding private caucuses with each party;
D. consulting other sources such as the department or commission staff; and
E. making oral or written recommendations for settlement.
Subp. 9. Representation of parties.
A party may be represented by counsel or others of the party's choice.
Subp. 10. Privacy.
Persons other than the parties' representatives may attend mediation sessions or otherwise participate in the mediation only upon agreement of the parties and the mediator.
Subp. 11. Confidentiality.
Records, reports, or other documents received by the mediator while serving in that capacity must not be divulged by the mediator in any subsequent proceeding. In any subsequent proceeding, the parties shall not rely on or introduce as evidence any of the following:
A. views expressed or suggestions made by another party with respect to a possible settlement of the dispute;
B. admissions made by another party in the course of the mediation;
C. proposals made or views expressed by the mediator; or
D. the fact that another party did or did not indicate a willingness to accept a proposal for settlement made by the mediator.
Subp. 12. Discovery.
Subpart 11 does not require the exclusion of evidence in subsequent proceedings that is otherwise discoverable.
Subp. 13. Record.
No stenographic record or electronic recording of the mediation process is permitted.
Subp. 14. Termination of mediation.
The mediator shall end the mediation under any of the following circumstances:
A. the parties execute an agreement on all the issues in dispute in the mediation;
B. at least one party submits to the mediator and serves on the parties a written declaration of the party's unwillingness to continue the mediation; or
C. the mediator determines that the mediation is unlikely to lead to a settlement, in which case the mediator shall serve on the commission and the parties a written statement terminating the mediation.
Subp. 15. Mediator serving as arbitrator.
The mediator shall not conduct or participate in the arbitration proceedings under part 7811.1700 unless all the parties to the negotiation agree in writing. If the parties and mediator agree to have the mediator conduct the arbitration proceedings under part 7811.1700, they shall notify the commission in writing of this agreement. Unless the commission designates someone else to conduct the arbitration, the mediator shall be deemed to have been designated to conduct the arbitration effective upon commission receipt of the written notice.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.1700 Arbitration of Intercarrier Negotiations
Subpart 1. Request to arbitrate.
During the period from the 135th day to the 160th day, inclusive, after the later of (1) the date on which an incumbent local exchange carrier (LEC) receives a bona fide request to negotiate pursuant to part 7811.2000, subpart 1, or (2) the date upon which the LEC's rural exemption was terminated pursuant to part 7811.2000, any party to the negotiation may petition the commission to arbitrate unresolved issues in the negotiation. The petition must include the following:
A. the name, address, and telephone number of the petitioner and its counsel;
B. the name, address, and telephone number of the other party to the negotiation and its counsel;
C. a brief summary of the negotiation history since the request for negotiation was made, including meeting dates;
D. the date of the initial bona fide request for negotiation or the date upon which the LEC's rural exemption was terminated, whichever is later, and the dates 135 days, 160 days, and nine months after that date;
E. a list of the issues resolved by the parties, including a copy of any proposed contract language that reflects the resolution of those issues;
F. a list of the unresolved issues, if any, that are not being submitted for arbitration;
G. a list of the unresolved issues submitted for arbitration and the position of each of the parties with respect to those issues;
H. any proposed contract language reflecting the parties' positions;
I. a written narrative that explains the petitioner's position on each disputed issue and indicates how the petitioner's and respondent's positions meet or fail to meet the requirements of the act, applicable FCC regulations, applicable state statutes, and applicable rules, orders, or policies of the commission;
J. any terms and conditions the petitioner recommends imposing;
K. a proposed schedule for implementing the terms and conditions imposed in the arbitration;
L. a recommendation as to what information the other parties to the negotiation should provide, including a narrative explaining the relevance and importance of the information;
M. a proposed agreement reflecting the petitioner's recommended resolution of the disputed issues;
N. all documentation in the petitioner's possession or control that is relevant to the dispute, including:
O. any procedural recommendations regarding the conduct of the arbitration;
P. any request for a protective order;
Q. a list of all the witnesses and exhibits the petitioner intends to present at the arbitration hearing under subpart 17;
R. any request for consolidation under subpart 12; and
S. a statement of how those who are not parties may participate, pursuant to subpart 10.
Subp. 2. Response to petition.
A nonpetitioning party or other interested person shall file with the commission any request to modify the procedures under this part or to consolidate the proceeding under subpart 11 within five days after the petition is filed. A nonpetitioning party shall file with the commission a complete response to the arbitration petition within 25 days after the petition is filed. The response must include the information required for petitions under subpart 1.
Subp. 3. Service and verification of petition and response.
The petition and response must be served on the other party to the negotiations, the department, the Office of Attorney General-Residential Utilities Division (OAG-RUD), and all persons on the service list established pursuant to part 7811.1500, subpart 2. Petitions and responses under subparts 1 and 2, and their accompanying documentation, must be verified.
Subp. 4. Assignment of arbitrator.
The commission shall meet and issue an order assigning an arbitrator within 25 days after the petition is filed. The commission may appoint a single arbitrator or a panel of arbitrators. The order may include procedural requirements or guidelines for the conduct of the arbitration in addition to those established in this part, and must include a decision on any request to consolidate proceedings under subpart 12. If the procedures set forth in the commission's order conflict with the procedures established in this part, the commission shall vary the requirements of this part as necessary under part 7829.3200.
Subp. 5. Mediation-arbitration hybrid.
The arbitration shall proceed without a commission order under subpart 4 if the arbitrator was designated under part 7811.1600, subpart 15, unless a party files a petition with the commission to decide procedural disputes regarding the conduct of the arbitration.
Subp. 6. Arbitrator qualifications.
The arbitrator must be, or the arbitration panel must include, an administrative law judge with the Office of Administrative Hearings or a person with arbitration or adjudicative experience retained by the commission on contract for the purpose of arbitrating under this part. If an arbitration panel is used, the administrative law judge or other experienced arbitrator under contract with the commission shall chair the panel.
Subp. 7. Arbitrator neutrality.
The person assigned to conduct the arbitration proceedings must have no personal or financial interest in the outcome of the proceeding. The arbitrator must not have participated or assisted materially in the negotiations leading up to the arbitration unless the arbitrator served as a mediator and was assigned under part 7811.1600, subpart 15, or the negotiating parties otherwise agree expressly in writing to waive the limitation in this subpart.
Subp. 8. Arbitrator role and authority.
The arbitrator shall conduct the arbitration proceedings and submit a recommended decision to the commission. The commission is the final arbiter and shall issue the final binding decision under section 252, subsection (b), paragraph (4), of the act. The arbitrator has those duties and powers necessary to conduct the arbitration, including the authority to:
A. conduct hearings and prehearing conferences;
B. direct parties to serve verified statements and exhibits;
C. supervise discovery procedure;
D. administer oaths and affirmations;
E. examine witnesses and allow parties to examine an adverse party or agent;
F. rule upon matters that do not result in the final determination of the proceeding;
G. direct any person to produce witnesses or information relevant to issues in the arbitration;
H. waive any of the requirements in this part upon agreement of the parties or for good cause;
I. issue protective orders as provided in subpart 9; and
J. issue proposed arbitration decisions as provided in subpart 19.
Subp. 9. Proprietary information.
Trade secret and proprietary information must be treated as provided under the commission's rules of practice and procedure, part 7829.0500. At any time during the proceeding, the arbitrator or commission may enter an order to protect the confidential, proprietary, or trade secret nature of data, information, or studies.
Subp. 10. Intervenors and participants.
The department and OAG-RUD may intervene in an arbitration proceeding by filing comments or a request to intervene within 25 days after the arbitration petition is filed. The comments or intervention request must be served on the negotiating parties and the persons on the service list established under part 7811.1500, subpart 2. No other intervention is permitted. Others wishing to participate may attend hearings as observers, file written comments and request the opportunity for oral argument to the arbitrator or the commission as provided in part 7829.0900.
Subp. 11. Staff involvement.
Commission staff may attend all prehearing conferences and hearings. Staff may question witnesses to the extent the arbitrator considers the questions relevant and helpful in developing a record for decision.
Subp. 12. Consolidation.
A party or other interested person may petition the commission to consolidate an arbitration with another arbitration or related proceeding. The petition must identify the issues common to the proceedings for which consolidation is sought, indicate the appropriate deadline for completing the consolidated proceeding, and explain why the request should be granted based on the criteria in items A to D. The commission may also take up the issue of consolidation on its own motion. The commission may consolidate an arbitration with another proceeding if the rights of the parties or the public interest will not be materially prejudiced by consolidation. The commission shall decide whether to consolidate based on:
A. the commonality of issues and interests in the proceedings;
B. the degree to which consolidation would reduce administrative burdens on the commission and the parties in the proceedings for which consolidation is being considered;
C. the administrative burdens and delay that may result from consolidation; and
D. the rights and preferences of the parties.
Subp. 13. Discovery request and response.
A party may serve requests for discovery on other parties at any time after the arbitration petition is filed, and may seek discovery by any means available under the Rules of Civil Procedure for the District Courts of Minnesota, subject to the discretion of the arbitrator under subpart 14. Initial requests for discovery must be served no later than 35 days after the arbitration petition is filed. The response to the request must explain any refusal to provide the information requested. The request and response must be served on the parties and filed with the arbitrator and the commission.
Subp. 14. Arbitrator discretion.
The arbitrator may establish a schedule for discovery, including setting deadlines for responses to discovery requests and limiting the number of questions permitted in any written depositions or interrogatories, and may set any reasonable limits on the type, scope, or extent of discovery as needed to avoid delay or undue hardship on a party.
Subp. 15. Inadequate response to discovery requests.
If a party believes another party has failed to respond adequately to a discovery request, the party shall file a written statement to that effect with the arbitrator before the hearing has closed. The statement must identify specifically the alleged inadequacies and provide the reasons for concluding that the discovery responses were inadequate. The party against whom the allegation is made may file a written statement responding to the allegation according to the timetable established by the arbitrator. The arbitrator or commission may do any of the following based on a party's failure to respond adequately to discovery requests or cooperate in the discovery process:
A. issue an order to compel discovery;
B. resolve the issue to which the discovery pertains in favor of the party making the discovery request; or
C. treat the failure as a failure to negotiate in good faith under the act.
Subp. 16. Prehearing conference.
The arbitrator shall hold at least one prehearing conference no later than ten days after the response to the arbitration petition is filed under subpart 2. The arbitrator shall ensure the parties receive notice of the prehearing conference at least 48 hours in advance. The notice may be provided in writing by mail, hand-delivery or facsimile, or orally by telephone. The arbitrator may hold as many prehearing conferences as necessary to ensure the fair and expeditious conduct of the arbitration. The prehearing conferences may be used to set the hearing schedule and guidelines, and to consider all other relevant procedural matters, including:
A. identification and narrowing of issues;
B. amendments to documents;
C. limitations on the number of witnesses; and
D. discovery.
Subp. 17. Hearing.
If material issues of fact are in dispute, the arbitrator must conduct a hearing with the opportunity for cross-examination. The arbitrator shall schedule the hearing to ensure the proceeding can be completed by the deadline under the act. The arbitrator shall conduct the hearing according to the following procedures:
A. The arbitrator shall serve notice of the hearing on all parties and participants at least five days before the hearing begins.
B. Oral testimony must be given under oath and witnesses are subject to cross-examination.
C. The arbitrator may, with or without timely objection, exclude evidence or limit testimony that is irrelevant or unduly repetitious.
D. The arbitrator shall ensure that a written transcript of the hearing is prepared.
Subp. 18. Posthearing argument and comment.
Parties shall file briefs and reply briefs as directed by the arbitrator. Participants may file comments and reply comments during the briefing period.
Subp. 19. Arbitrator's recommended decision.
The arbitrator shall issue a recommended decision on the issues submitted for arbitration no later than 35 days before the date nine months after the later of (1) the request for negotiation that gave rise to the arbitration, or (2) the termination of the LEC's rural exemption, pursuant to part 7811.2000. The decision must be in writing, setting forth the recommended resolution of each issue submitted for arbitration that has not been resolved through subsequent negotiations. The decision must also include a recommended schedule for implementation by the parties. The decision must be accompanied by a written memorandum that provides the rationale for each recommended resolution, including any necessary findings and relevant citations to law.
Subp. 20. Exceptions.
The parties and participants may file exceptions to the recommended decision and requests for oral argument with the commission no later than ten days after the arbitrator issues the recommended decision under subpart 19.
Subp. 21. Commission decision.
The commission shall issue a final arbitration decision no later than nine months after the later of (1) the request for negotiation that gave rise to the arbitration, or (2) the termination of the LEC's rural exemption pursuant to part 7811.2000. The decision must include a resolution of each issue submitted for arbitration that has not been resolved through subsequent negotiations. The decision must also include a schedule for implementation by the parties and a deadline for submitting a final agreement to the commission for approval under part 7811.1800.
Subp. 22. Decision criteria.
Issues submitted for arbitration must be resolved consistent with the public interest, to ensure compliance with the requirements of sections 251 and 252(d) of the act, applicable FCC regulations, and applicable state law, including rules and orders of the commission.
Subp. 23. Burden of proof.
The burdens of production and persuasion with respect to issues of material fact are on the incumbent LEC. The facts at issue must be proven by a preponderance of the evidence. The arbitrator may shift the burden of production as appropriate, based on which party has control of the critical information regarding the issue in dispute. The arbitrator may also shift the burden of proof as necessary to comply with applicable FCC regulations regarding burden of proof.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.1800 Agreement Approval
Subpart 1. Filing of agreement.
The negotiating parties shall submit a complete agreement to the commission by the deadline established in the commission's final arbitration order under part 7811.1700, subpart 21, unless the agreement does not include any arbitrated terms, in which case the parties may file the agreement at a time of their own choosing. The agreement must contain all negotiated and arbitrated terms and must include a memorandum that:
A. identifies and explains inconsistencies between the arbitrated terms of the agreement and the commission's arbitration decision;
B. explains how the agreement is consistent with the public interest and nondiscriminatory as to other local service providers;
C. describes the likely impact, if any, on the rates or service of the end-use customers of both providers; and
D. provides the rationale for severance, if requested under subpart 3.
Subp. 2. Service.
The negotiating parties shall serve the agreement on the department, the Office of Attorney General-Residential Utilities Division (OAG-RUD), and persons on the service list established under part 7811.1500, subpart 2. The agreement must be served on the same day it is submitted to the commission.
Subp. 3. Severance of arbitrated and negotiated terms.
The commission shall consider arbitrated terms separate from negotiated terms with respect to a single negotiation request under the act only if the commission finds that the arbitrated matters are unrelated to the negotiated matters as, for example, wholesale rates for resale may be unrelated to interconnection issues. A request for severance under this subpart must be made in writing prior to or as part of the filing of the agreement under subpart 1.
Subp. 4. Comments.
If the agreement contains arbitrated terms, then parties and participants may file written comments on the filing under subpart 1 no later than ten days after the agreement is filed. If the agreement contains no arbitrated terms, then parties and participants may file written comments on the filing under subpart 1 no later than 30 days after the agreement is filed.
Subp. 5. Decision criteria.
The commission shall reject an agreement if it finds that the agreement discriminates unreasonably against another telecommunications carrier as defined in United States Code, title 47, section 153, paragraph (44), is inconsistent with the public interest or, with respect to its arbitrated terms, fails to comply with the commission's arbitration decision under part 7811.1700, subpart 21, or meet the arbitration standards set forth in part 7811.1700, subpart 22.
Subp. 6. Commission decision.
The commission shall issue a written order accepting or rejecting the agreement. The commission shall issue its decision no later than 90 days after the agreement is filed unless:
A. the parties to the agreement agree to extend the deadline;
B. the agreement filed under subpart 1 contains no negotiated terms, in which case the commission shall issue its decision within 30 days; or
C. the commission considers the arbitrated terms separately as a separate agreement pursuant to a severance under subpart 3, in which case the commission shall issue its decision with respect to the arbitrated terms within 30 days.
Subp. 7. Rehearing.
If the commission rejects an agreement, the parties may file a petition for rehearing at any time, provided the parties have agreed to changes that they believe remedy the deficiencies identified by the commission. If the parties cannot agree on changes, they shall proceed with negotiations and, if necessary, arbitration according to section 252 of the act and parts 7811.1500 to 7811.1800.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.1900 Disputes Arising Under Existing Agreements
Disputes arising in the implementation of an agreement must be submitted to the commission for arbitration under part 7811.1700, unless:
A. the agreement provides a different mechanism for resolving those disputes; or
B. the dispute is filed under Minnesota Statutes, section 237.462, and the commission orders an expedited proceeding under subdivision 6 of that section.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16; 237.71
- History: 22 SR 2079; 25 SR 1677
Minn. R. 7811.2000 Rural Exemption Claim; Notice, Proceedings
Subpart 1. Bona fide request.
A competitive local exchange carrier (CLEC) seeking interconnection, services, or network elements with a local exchange carrier (LEC) shall submit to the LEC a bona fide request. The bona fide request shall include, to the extent known, the CLEC's best reasonable estimate of the following information concerning interconnection services or network elements that the CLEC believes may be within the scope of its request to be negotiated or arbitrated with the LEC.
A. Points of interconnection:
B. Unbundled elements:
C. Collocation:
D. Wholesale services:
E. Number portability: Yes .... No ....
Subp. 2. Notice of claim to rural exemption.
A LEC, seeking to retain or establish a rural exemption under United States Code, title 47, section 251, subsection (f), paragraph (1), shall, no later than 20 days after receiving a CLEC's bona fide request for interconnection, services, or network elements under United States Code, title 47, section 251, notify the requesting company, the commission, the department, the Office of Attorney General-Residential Utilities Division (OAG-RUD), and the city clerk, or other official authorized to receive service or notice, of all municipalities within the LEC's designated service area, of its claim to the exemption. A LEC failing to assert its exemption claim as provided in this subpart is deemed to have waived any right it may have to the exemption for purposes of the specific bona fide request for which it has failed to assert the exemption. The notice must state:
A. the basis upon which the LEC considers itself to be a rural telephone company;
B. the basis upon which the LEC considers the CLEC's request to be unduly economically burdensome, technically infeasible, or inconsistent with United States Code, title 47, section 254, other than subsections (b), paragraph (7), and (c), paragraph (1), subparagraph (D), of that section; and
C. when and how to intervene, pursuant to part 7829.0800.
Subp. 3. CLEC response to exemption claim.
An affected CLEC shall file any challenge to a LEC's exemption claim under subpart 2, including a request to terminate the exemption, within 20 days after receiving the LEC's notice under subpart 2.
Subp. 4. Discovery; parties.
The following parties may seek discovery: the CLEC, the LEC, the commission, the department, the OAG-RUD, and any other entity granted intervenor status by the commission.
Subp. 5. Discovery request; proprietary information.
The CLEC may seek discovery of the LEC before submitting a bona fide request. Once the CLEC has sought discovery or filed a bona fide request, any party may seek discovery of any other party. Before responding, a party may seek a commission order to protect its trade secrets and proprietary information within the meaning of part 7829.0500 from disclosure or use outside the scope of the proceeding.
Subp. 6. Discovery procedures; service and response.
The parties may seek discovery by any means available under the Rules of Civil Procedure for the district courts of Minnesota, rules of the Office of Administrative Hearings, and standard public utilities commission practice, subject to the discretion of the commission. The response to any request for discovery must explain any refusal to provide the information requested. The request and the response must be served on all parties and filed with the commission. A party may request to meet with other parties to facilitate information exchange. Each party shall respond reasonably to the request and may be accompanied at a meeting by a representative, including an attorney representing the party.
Subp. 7. Discovery disputes.
Discovery disputes must be resolved by the commission, or by the Office of Administrative Hearings if the commission has referred the matter to that office.
Subp. 8. Time frame for determination of request.
Within 120 days after a CLEC files a notice of its bona fide request, the commission shall determine whether to terminate or continue a rural exemption.
Subp. 9. Standard for terminating exemption; burden of proof.
The commission shall terminate the exemption if the request is:
A. not unduly economically burdensome;
B. technically feasible; and
C. consistent with the universal service provisions of United States Code, title 47, section 254, other than subsections (b), paragraph (7), and (c), paragraph (1), subparagraph (D). The burden of production and persuasion with respect to issues of material fact is on the incumbent LEC. The commission or arbitrator may shift the burden of production and persuasion as appropriate, based on which party has control of the critical information regarding the issue in dispute and which party is the proponent of the issue.
Subp. 10. Exception for request from cable operator.
Notwithstanding subpart 9, the commission shall not grant a rural exemption with respect to a request from a cable operator providing video programming and seeking to provide telecommunications services in an area in which a rural telephone company is providing video programming unless the rural telephone company was providing video programming on February 8, 1996.
Subp. 11. Implementation schedule.
A commission decision to deny or terminate an exemption must include a schedule for implementing the negotiation, arbitration, and agreement approval requirements of United States Code, title 47, section 252.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.2100 Suspending, Modifying, Interconnection Duties
Subpart 1. Petition for suspension or modification.
A local exchange carrier (LEC) seeking suspension or modification of the application of the requirements of United States Code, title 47, section 251, subsection (b) or (c), pursuant to United States Code, title 47, section 251, subsection (f), paragraph (2), shall file a petition with the commission. The petition must include:
A. the legal name, address, and telephone number of the LEC and its designated contact person;
B. the name, address, and telephone number of the attorney if the LEC will be represented by an attorney;
C. the date of the filing, which is the date the commission receives the LEC's filing or the date designated by the LEC, whichever is later;
D. the proposed effective date of the suspension or modification sought by the LEC;
E. the signature and title of the LEC officer or representative authorizing the petition;
F. a description of the obligations the LEC seeks to suspend or modify, including:
G. a detailed description of the modifications or suspensions the LEC is seeking, including the proposed duration of each suspension or modification;
H. the number of subscriber lines the LEC has nationwide, at the holding company level, and the LEC's estimate of the total number of all LEC subscriber lines nationwide;
I. a statement supporting the petition, which must specify why each requested modification or suspension meets the conditions for modification or suspension specified in section 251, subsection (f), paragraph (2), subparagraphs (A) and (B), of the act, and applicable FCC regulations;
J. a statement as to whether the LEC requests the commission to grant a temporary stay under subpart 9 of the obligations the LEC seeks to modify or suspend; and
K. a statement of when and how to challenge the form or completeness of the petition, file initial and reply comments, and petition to intervene, pursuant to subparts 3 to 7.
Subp. 2. Filing and service.
The petition filed under subpart 1 must be served on the department, the Office of Attorney General-Residential Utilities Division (OAG-RUD), each competitive local exchange carrier (CLEC) to which the requested suspensions or modifications would likely apply, and those persons on the applicable general service list established pursuant to part 7829.0600.
Subp. 3. Challenges to form and completeness.
A challenge to the form or completeness of a petition filed under subpart 1 must be received by the commission and served on the LEC within ten days after the LEC's petition is filed. The LEC shall reply to the challenge within five days of the date it receives the filing challenging its petition.
Subp. 4. Rejection of filings.
The commission shall reject a modification or suspension petition it finds to be substantially out of compliance with subpart 1 or 2. A modification or suspension petition is considered to be in substantial compliance with subparts 1 and 2 if the commission does not issue an order rejecting the petition within 45 days after the petition is filed.
Subp. 5. Initial comments.
Comments on a modification or suspension petition must be filed with the commission within 20 days after the petition is filed. Initial comments must include a recommendation on the type of proceeding the commission applies to the petition and the reasons for the recommendation.
Subp. 6. Reply comments.
Reply comments must be filed with the commission within ten days after the deadline for filing initial comments under subpart 5. Reply comments must be limited in scope to the issues raised in the initial comments.
Subp. 7. Petition to intervene.
Petitions to intervene must be filed by the deadline for reply comments under subpart 6. An intervention petition may be combined with initial or reply comments filed under subpart 5 or 6.
Subp. 8. Nature of proceeding.
Unless all parties agree to use a different procedure or there are no material issues of fact in dispute, the commission shall conduct an expedited proceeding under Minnesota Statutes, section 237.61, or refer the matter for a contested case proceeding under Minnesota Statutes, chapter 14.
Subp. 9. Stay of LEC obligations pending final disposition of petition.
The commission may suspend enforcement of any of the obligations which the LEC's petition seeks to modify or suspend pending final disposition of the petition if, based on the standards applied by Minnesota courts for granting temporary injunctions, the commission determines that a suspension would be appropriate.
Subp. 10. Commission disposition.
The commission shall decide the petition according to the requirements in section 251, subsection (f), paragraph (2), subparagraphs (A) and (B), of the act, and applicable FCC regulations.
Subp. 11. Time frame for disposition.
The commission shall take final action on a petition within 180 days after receiving a petition that substantially complies with the filing requirements of subparts 1 and 2.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Minn. R. 7811.2200 [Repealed, 25 SR 1677]
[Repealed, 25 SR 1677]
Minn. R. 7811.2210 Competitive Local Exchange Carriers (clec's)
Subpart 1. General scope of regulation.
Competitive local exchange carriers (CLECs) are regulated as provided in this part.
A. The commission shall exercise its regulatory authority over the local services provided by CLECs only to the extent provided for in, or necessary to implement the requirements of, all applicable statutes or this chapter. Except as provided otherwise in this part or other commission rules, the commission shall exercise its authority over a CLEC's local services only upon complaint under subpart 17 and will not require prior approval of a CLEC's tariffs or service offerings.
B. This part applies to a CLEC affiliate of an incumbent local exchange carrier (LEC) only with respect to its operations in geographic areas outside the service area of the affiliated LEC. A CLEC's local service operations inside the service area of its affiliated LEC must be regulated in the same manner as the LEC's local service operations, unless Minnesota Statutes, chapter 237 specifies otherwise or the commission grants a variance in the public interest. For the purpose of this subpart, the definition of an "affiliated CLEC" or "affiliated LEC" follows the definition of an "affiliated company" in Minnesota Statutes, section 237.65, subdivision 1.
Subp. 2. Tariff filings.
For each local service offering, a CLEC shall file with the commission a tariff that contains the rules, rates, and classifications used by the CLEC in the conduct of its local service business, including limitations on liability. The tariff must be consistent with any terms and conditions in the CLEC's certificate of authority. The CLEC shall file six copies of its tariffs with the commission and shall serve one copy on the department and one copy on the Office of Attorney General - Residential Utilities Division (OAG-RUD). Amendments to the tariffs must be filed in the same manner. These filings are governed by the Minnesota Data Practices Act, Minnesota Statutes, chapter 13. Upon request, a CLEC shall provide a copy of its tariff or make its tariff available for review at a location convenient to the requesting person within five business days.
Subp. 3. Tariff changes.
A CLEC may offer new local services or change the prices, terms, or conditions of existing local services by filing amendments to its tariffs in accordance with subpart 2. These tariff filings take effect as follows:
A. A new service, price decrease, promotion, or insubstantial change in the terms or conditions of a service may take effect immediately upon filing. A price decrease may take effect without notice to customers.
B. Except as provided in item C, a price increase, a substantial change in a term or condition of a service, or a discontinuation of a service other than basic local service may take effect 20 days after filing and providing written notice to affected customers as provided in subitems (1) and (2):
C. Notwithstanding items A and B, the filing requirements for a CLEC must not be more stringent than the filing requirements governing any LEC with 50,000 or more subscribers in whose service area the CLEC is providing local service.
Subp. 4. Cost information.
The commission shall not require a CLEC to file cost information unless the commission determines that cost information is needed to resolve a complaint alleging that the CLEC is violating a standard set forth in subpart 5 or 8.
Subp. 5. Discrimination.
No CLEC may offer telecommunications service within the state on terms or rates that are unreasonably discriminatory. At a minimum, a CLEC must provide its telecommunications services in accordance with items A to D:
A. A CLEC shall charge uniform rates for local services within its service area. However, a CLEC may, upon a filing under subpart 2:
B. A tariff providing for prices unique to particular customers or groups of customers under item A, subitem (3), shall identify the service for which a unique price is available and the conditions under which the unique price is available.
C. In addition to the exceptions provided in item A, a CLEC may also charge different rates for local services within its service territory upon a prior finding by the commission that the CLEC has good cause to do so.
D. To the extent prohibited by federal law or the commission, a CLEC shall not give preference or discriminate in providing services, products, or facilities to an affiliate or to its own or an affiliate's retail department that sells to consumers.
Subp. 6. Promotions.
A CLEC may promote the use of a local service by offering a waiver of part or all of the recurring or nonrecurring charge, a redemption coupon, or a premium with the purchase of a service. The promotion may be aimed at certain customers or to certain geographic locations. The customer group to which the promotion is available must be based on reasonable and nondiscriminatory distinctions among customers. Any single promotion in a given area must not be effective for longer than 90 days at a time. A promotion may take effect upon a tariff filing in accordance with subpart 2. The promotional tariff should include the dates of the promotion, prices, and a brief description of who is eligible for the promotion and the benefits, restrictions, and commitments of the promotion.
Subp. 7. Packaging services.
A CLEC may offer local service as part of a package that may include goods and services other than telecommunications services. In addition to the tariff requirements that apply to the telecommunications elements of the package, the tariff must also contain a general description of the nontelecommunications components of the package. Nothing in this subpart is intended to give the commission or the department regulatory authority over the nontelecommunications services provided by a CLEC.
Subp. 8. Prices.
A CLEC's local services are not subject to any rate or price regulation except that the commission may, upon complaint, order a CLEC to change a price or pricing practice or take other appropriate action if the commission determines, after an investigation under subpart 17, that:
A. the price or pricing practice unreasonably restricts resale in violation of Minnesota Statutes, section 237.121, paragraph (a), clause (5);
B. the price or pricing practice is unreasonably discriminatory in violation of subpart 5;
C. the price or pricing practice is deceptive, misleading, fraudulent as those terms are defined in state or federal law, or is otherwise unlawful under state or federal law;
D. the price or pricing practice will impede the development of fair and reasonable competition or reflects the absence of an effectively competitive market as determined on the basis of factors such as:
E. the price or pricing practice has caused or will result in substantial customer harm.
Subp. 9. Prohibited practices.
A CLEC must comply with Minnesota Statutes, section 237.121, which proscribes certain conduct in the provision of telecommunications services.
Subp. 10. Interconnection.
A CLEC must allow physical connections to its network and pay appropriate compensation for interconnection with and access to the networks of other local service providers as determined by the commission consistent with the requirements of the federal act.
Subp. 11. Commission approval to discontinue service or physical connection to another carrier.
In accordance with Minnesota Statutes, section 237.74, subdivisions 6, paragraph (a), and 9, a CLEC must obtain prior commission approval before discontinuing a service or physical connection to a telephone company or a telecommunications carrier if end users would be deprived of service because of the discontinuance or disconnection.
Subp. 12. Public right-of-way.
To the extent that a CLEC owns or controls, or seeks to own or control, a facility in the public right-of-way that is used or is intended to be used for transporting telecommunications or other voice or data information, the CLEC shall comply with Minnesota Statutes, sections 237.162 and 237.163, which provide for the use and regulation of the public rights-of-way.
Subp. 13. 911/TAM/TAP.
Each CLEC is subject to Minnesota Statutes, sections 237.52 (Telecommunications Access Minnesota), 237.70 and 237.701 (Telephone Assistance Program), and 403.11 (911 Emergency Services). Amounts collected as surcharges under these sections must be remitted to the commissioner of public safety in the manner prescribed in Minnesota Statutes, section 403.11.
Subp. 14. Consumer protection laws on disclosure, antislamming, cramming.
A CLEC shall comply with the requirements of Minnesota Statutes, sections 237.66, 237.661, and 237.663.
Subp. 15. Regulatory expense assessment.
A CLEC is subject to assessment by the department for the regulatory expenses of the department and the commission, as provided by Minnesota Statutes, section 237.295.
Subp. 16. Mergers and acquisitions.
In accordance with Minnesota Statutes, section 237.74, subdivision 12, before acquiring ownership or control of any provider of local service in Minnesota, either directly or indirectly, a CLEC must demonstrate to the commission that the present or future public convenience and necessity require or will require the acquisition. To make this determination, a CLEC must show that the merger is consistent with the public interest, based on such factors as the potential impact of the merger on consumers, competition, rates, and service quality.
Subp. 17. Investigations and complaints; proceedings.
Investigations and complaints regarding CLEC compliance with this chapter are governed by items A to H.
A. After giving notice to the CLEC, the commission may investigate any matter brought forth under its own motion or raised in a complaint against a CLEC of a possible violation of this chapter. A complaint may be brought by a telephone company; by a telecommunications carrier; by the department; by the OAG-RUD; by the governing body of a political subdivision; or by no fewer than five percent or 100, whichever is the lesser number, of the subscribers or spouses of subscribers of the CLEC.
B. If, after an investigation, the commission finds that a significant factual issue has not been resolved to its satisfaction, the commission may order that a contested case hearing be conducted under Minnesota Statutes, chapter 14, unless the complainant, the CLEC, and the commission agree that an expedited hearing under Minnesota Statutes, section 237.61 is appropriate, or the commission orders an expedited proceeding under Minnesota Statutes, section 237.462, subdivision 6.
C. In any complaint proceeding authorized under this subpart, the CLEC bears the burden of proof, unless:
D. A full and complete record must be kept by the commission of all proceedings before it upon any formal investigation or hearing. All testimony received or offered must be taken down by a stenographer appointed by the commission and a transcribed copy of the record furnished to any party to the investigation upon paying the expense of furnishing the transcribed copy.
E. If the commission finds by a preponderance of the evidence presented during the complaint proceeding that existing rates, tariffs, charges, schedules, or practices violate an applicable provision of this chapter, the commission shall take appropriate action, which may include ordering the CLEC to:
F. A copy of an order issued under this subpart must be served upon the person against whom it is directed or the person's attorney, and notice of the order must be given to the other parties to the proceedings or their attorneys.
G. A party to a proceeding before the commission or the OAG-RUD may make and perfect an appeal from the order in accordance with Minnesota Statutes, chapter 14.
H. This subpart does not preclude the parties from pursuing voluntary mediation, arbitration, or other alternative dispute resolution. Upon the filing of a complaint, the commission may vary deadlines to allow for voluntary dispute resolution by the parties. However, in accordance with part 7829.1600, if the complainant desires formal action by the commission, the commission shall resolve the dispute.
Subp. 18. Enforcement; penalties and remedies.
A CLEC is subject to the penalties and remedies provided in Minnesota Statutes, sections 237.461, 237.462, and 237.74, subdivision 11.
Subp. 19. Annual reports.
On or before May 1 of each year, a CLEC shall complete and return to the department the annual report form prepared by the department.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 25 SR 1677; L 2003 1Sp1 art 2 s 104; L 2004 c 228 art 1 s 74
Minn. R. 7811.2300 Rule Review and Revision
The commission shall appoint a task force no later than July 1, 2002, to evaluate the provisions in this chapter and determine whether any provisions of this chapter should be revised or deleted. The task force shall make its recommendations to the commission within six months after the date it is appointed. As a result of the task force recommendations, the commission may propose revisions to this chapter or any other related rules.
History
- Statutory Authority: MS s 237.10; 237.16; 237.71
- History: 22 SR 2079
Chapter 7812 TELECOMMUNICATIONS; LARGE LOCAL PROVIDERS
Minn. R. 7812.0050 Applicability
This chapter applies to all telecommunications service providers operating under the commission's jurisdiction in Minnesota, except regarding the provision of local telephone service in any area served by a telephone company that:
A. currently has fewer than 50,000 subscribers; and
B. the commission certificated to provide local telephone services before January 1, 1988.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16; 237.71
- History: 22 SR 46; 22 SR 2079
Minn. R. 7812.0100 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given them in this part.
Subp. 2. Act or federal act.
"Act" or "federal act" means the federal Telecommunications Act of 1996, Public Law 104-104, codified in United States Code, title 47, sections 153 to 614.
Subp. 3. Alternative regulation plan or AFOR.
"Alternative regulation plan" or "AFOR" means an alternative to rate-of-return regulation of a local exchange carrier adopted pursuant to Minnesota Statutes, sections 237.76 to 237.774.
Subp. 4. Applicant.
"Applicant" means a person filing a petition for certification to provide telecommunications services in Minnesota under parts 7812.0200 to 7812.0500.
Subp. 5. Automatic location identification or ALI.
"Automatic location identification" or "ALI" means the automatic display, on equipment at the public safety answering point, of the telephone, including nonlisted and nonpublished telephone numbers and addresses, and other information about the caller's location.
Subp. 6. ALI database provider.
"ALI database provider" means any person who provides automatic location identification to the basic emergency services provider and the governing body for a specific geographic area.
Subp. 7. Automatic number identification or ANI.
"Automatic number identification" or "ANI" means the process used on customer-dialed calls to automatically identify the calling station.
Subp. 8. Basic local service.
"Basic local service" means the services required under part 7812.0600 and any other services or terms determined by the commission to be integral to the basic communications, health, privacy, or safety needs of customers.
Subp. 9. Central office.
"Central office" means a facility in a telecommunications system that provides service to the general public where the telephone lines of subscribers are joined to switching equipment that redirects calls to called parties or other central offices, or to the interexchange facilities of a carrier.
Subp. 10. Certificate of authority or certificate.
"Certificate of authority" or "certificate" means a commission order authorizing the provision of telecommunications service under this chapter.
Subp. 11. Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subp. 12. Competitive local exchange carrier or CLEC.
"Competitive local exchange carrier" or "CLEC" means:
A. a telecommunications carrier that is certified by the commission to provide local service; or
B. a telephone company to the extent it provides local service in an exchange area for which neither the company nor any of its predecessors was certified on August 1, 1995. This subpart does not exempt a telephone company under Minnesota Statutes, section 237.01, subdivision 7, from the applicable requirements of Minnesota Statutes, chapter 237, including rate of return regulation or earnings investigations under Minnesota Statutes, section 237.075 or 237.081, and depreciation requirements under Minnesota Statutes, section 237.22.
Subp. 13. Customer.
"Customer" means a person who has contracted with a local service provider for retail telecommunications service and has been billed by or on behalf of that provider for that service in the person's name or in the name of an agent or representative designated by the customer.
Subp. 14. Department.
"Department" means the Minnesota Department of Commerce.
Subp. 15. Eligible telecommunications carrier or ETC.
"Eligible telecommunications carrier" or "ETC" means a local service provider designated by the commission as eligible to receive federal universal service support in accordance with United States Code, title 47, section 254, and relevant federal regulations.
Subp. 16. Emergency telephone service or 911.
"Emergency telephone service" or "911" means a telephone system using the three-digit number 911 to report police, fire, medical, or other emergency situations.
Subp. 17. Enhanced 911 or E 911.
"Enhanced 911" or "E 911" means an emergency telephone service that includes automatic number identification and automatic location identification to facilitate public safety response.
Subp. 18. End-user.
"End-user" means a person requesting, receiving, or using telecommunications service on a retail basis, regardless of whether that person is a customer.
Subp. 19. Exchange area.
"Exchange area" means a geographic unit established by a local service provider and identified in the local service provider's tariff on file with the commission. It may consist of one or more central offices or wire centers together with associated facilities used to furnish telecommunications services in that area.
Subp. 20. Extended area service or EAS.
"Extended area service" or "EAS" means interexchange calling for which a message toll charge is not assessed.
Subp. 21. Facilities.
"Facilities" means the plant and equipment of a telecommunications service provider. This includes, but is not limited to, a telecommunications service provider's network facilities.
Subp. 22. Facilities-based carrier.
"Facilities-based carrier" means a local service provider that relies on its own network facilities, in whole or in part, for providing local service.
Subp. 23. Facilities-based service.
"Facilities-based service" means service offerings provided, in whole or in part, through the telecommunications service provider's own network facilities.
Subp. 24. FCC.
"FCC" means the Federal Communications Commission.
Subp. 25. FCC interconnection rules.
"FCC interconnection rules" means the rules adopted by the Federal Communications Commission pursuant to the federal Telecommunications Act of 1996, United States Code, title 47, section 251, subsection (d), and codified at Code of Federal Regulations, title 47, sections 51.1 to 51.809.
Subp. 26. Interexchange service.
"Interexchange service" means telecommunications service between exchanges as defined in a local exchange service provider's tariff.
Subp. 27. Interexchange trunks.
"Interexchange trunks" means transmission facilities used to transport telecommunications traffic between exchanges or central offices.
Subp. 28. Local calling area.
"Local calling area" means the area within which calls originate and terminate without a toll charge.
Subp. 29. Local exchange carrier or LEC.
"Local exchange carrier" or "LEC" means a telephone company that is authorized to provide local telephone service in Minnesota under Minnesota Statutes 1994, section 237.16, subdivision 2.
Subp. 30. Local loop.
"Local loop" means the transmission path capable of transporting analog or digital signals from a network interface at a customer's premises to a central office switching device, distribution frame, or similar demarcation point.
Subp. 31. Local niche service.
"Local niche service" refers to point-to-point connections between end-user locations within a service area and any telecommunications services under the commission's jurisdiction that do not fall within the definition of local service or the definition of interexchange service.
Subp. 32. Local niche service provider.
"Local niche service provider" means a telecommunications carrier that provides local niche service pursuant to a certificate of authority granted by the commission.
Subp. 33. Local service.
"Local service" means dial tone, access to the public switched network, and any related services provided in conjunction with dial tone and access, including services that may be required under part 7812.0600. Local service does not include local niche service.
Subp. 34. Local service provider or LSP.
"Local service provider" or "LSP" means a telephone company or telecommunications carrier providing local service in Minnesota pursuant to a certificate of authority granted by the commission. Local service provider includes both local exchange carriers and competitive local exchange carriers.
Subp. 35. Network element.
"Network element" means a functional capability of a network, disaggregated from other network capabilities and made available to other carriers and end-users separately from all other network capabilities. Network elements include, but are not limited to, the local loop, switching functions, ports, and trunks.
Subp. 36. Network facilities.
"Network facilities" means a telecommunications service provider's facilities other than those used exclusively by a reseller to provide resale service.
Subp. 37. Number portability.
"Number portability" means the ability of customers to retain their existing telephone numbers, consistent with the requirements established by the Federal Communications Commission, notwithstanding changes in location of service, type of service, or local service provider.
Subp. 38. Office of Attorney General-Residential Utilities Division or OAG-RUD.
"Office of Attorney General-Residential Utilities Division" or "OAG-RUD" refers to the Residential and Small Business Utilities Division of the Minnesota Attorney General's Office.
Subp. 39. Person.
"Person" means an individual; a firm, company, limited liability company, partnership, limited liability partnership, corporation, cooperative, and any other commercial or business entity, however organized; any form of municipality including a county, statutory or home rule charter city, and town; and any other political subdivision or agency of the state including, but not limited to, a metropolitan council or commission, school district, joint powers authority, port authority, special service district, regional development commission, and their agencies, as well as any combination of them.
Subp. 40. Port.
"Port" means a mechanism allowing access to switching functions, including dial tone generation, origination, and termination of local and long-distance calls.
Subp. 41. Public safety answering point or PSAP.
"Public safety answering point" or "PSAP" means a facility equipped and staffed to receive and direct the disposition of 911 calls from the basic emergency service provider.
Subp. 42. Resale service.
"Resale service" refers to service that is purchased on a wholesale basis from a local service provider and then resold on a retail basis to end-users.
Subp. 43. Reseller.
"Reseller" means a local service provider that provides local service to end-users without using its own network facilities, or the unbundled network elements of a local exchange carrier.
Subp. 43a. Rural exemption.
"Rural exemption" means the exemption from the obligations of United States Code, title 47, section 251, subsection (c), granted to a rural telephone company pursuant to United States Code, title 47, section 251, subsection (f), paragraph (1).
Subp. 43b. Rural telephone company.
"Rural telephone company" has the meaning given in United States Code, title 47, section 153, paragraph (37).
Subp. 44. Service area.
"Service area" means the geographic area in which a local service provider offers local service pursuant to its certificate of authority under part 7812.0200.
Subp. 44a.
[Repealed, 22 SR 2079]
Subp. 44b. Study area.
"Study area" means the area designated for a particular local exchange carrier by the FCC.
Subp. 45. Telecommunications.
"Telecommunications" means any transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
Subp. 46. Telecommunications carrier.
"Telecommunications carrier" means a person, firm, association, or corporation as defined in Minnesota Statutes, section 237.01, subdivision 6.
Subp. 47. Telecommunications service.
"Telecommunications service" means the offering of telecommunications under the commission's jurisdiction for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
Subp. 48. Telecommunications service provider.
"Telecommunications service provider" means any provider of telecommunications service.
Subp. 49. Telephone company.
"Telephone company" means a person, firm, association, or other entity, as defined in Minnesota Statutes, section 237.01, subdivision 7.
Subp. 50. Total service long-run incremental cost or TSLRIC.
"Total service long-run incremental cost" or "TSLRIC" has the meaning given in Minnesota Statutes, section 237.772, subdivision 1.
Subp. 51. Universal service area.
"Universal service area" means:
A. with respect to a rural telephone company, the local exchange carrier's study area or any other area designated jointly by the commission and the FCC pursuant to Code of Federal Regulations, title 47, section 54.203, paragraphs (c) and (d); or
B. the exchange area, or a different geographic unit identified by the commission under part 7812.1400, subpart 3, of a local exchange carrier unless the commission has found the local exchange carrier to be a rural telephone company.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16; 237.71
- History: 22 SR 46; 22 SR 2079; L 2001 1Sp4 art 6 s 1
Minn. R. 7812.0150 Applicability of Rules of Practice and Procedure
Proceedings under this chapter must be conducted according to the commission's rules of practice and procedure, parts 7829.0100 to 7829.1200 and 7829.2600 to 7829.3200, to the extent those parts are consistent with the requirements of this chapter.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46
Minn. R. 7812.0200 General Certification Requirements
Subpart 1. Scope.
No person may provide telecommunications service in areas served by local exchange carriers with 50,000 or more subscribers in Minnesota without first obtaining a certificate under this part and parts 7812.0300 to 7812.0600, except to the extent the person is providing telephone service under a certificate issued by the commission before July 28, 1997.
Subp. 2. Certification categories.
A person may seek certification in any of the following four categories:
A. local facilities-based service;
B. local resale service;
C. interexchange service; or
D. local niche service. A certificate to provide local facilities-based service authorizes the provision of all forms of local service, interexchange service, and local niche service in Minnesota. A certificate to provide local resale service only authorizes the provision of local resale service. A certificate to provide interexchange service only authorizes the provision of interexchange service. A certificate to provide local niche service only authorizes the provision of local niche service. An applicant may request certification in multiple categories in a single petition.
Subp. 3. Limitations on local service certification/intent to provide service.
An applicant may obtain certification to provide local service for a geographic area only if:
A. the applicant has started any necessary negotiations for resale, the purchase of network elements, or interconnection under section 252 of the federal act with the local exchange carrier (LEC) currently serving the area; and
B. the applicant plans to provide local service in the area, either through resale, the purchase of unbundled network elements, or use of its own facilities, within 36 months after the date of the applicant's petition. A certificate for local service obtained under part 7812.0300 or 7812.0350 applies only to the service area designated in the petition within the limits established in this subpart. The service area may be expanded under part 7812.0300, subpart 5, or 7812.0350, subpart 5.
Subp. 3a. Reporting service area status.
Each local service provider (LSP) shall report to the commission within 30 months after the later of the three dates specified in part 7812.0200, subpart 4, items A to C, regarding the extent to which it is offering local service in its service area. The report must identify the portions of the LSP's service area, if any, that remain nonoperational and must provide a projected timetable for offering local service throughout the entire service area as required under subpart 4.
Subp. 4. Automatic revocation for failure to serve.
The local service provider (LSP) certified under part 7812.0300 or 7812.0350 must offer services, consistent with part 7812.0600, throughout its entire local service area within 36 months after the later of the following three dates:
A. the date of the commission order granting the applicant's certificate of authority;
B. the date of the commission order under part 7812.1100, approving the necessary agreements resulting from the negotiations that provided the basis under subpart 3, item A, for granting the certificate; or
C. July 28, 1997. Failure to offer basic local service throughout the entire service area as required in this subpart results in the automatic revocation of the local service provider's certificate with respect to those areas in which the LSP is not offering basic local service, unless the LSP demonstrates to the satisfaction of the commission, under subpart 5, that its failure to offer basic local service throughout the entire service area results from factors beyond the local service provider's control.
Subp. 5. Show-cause proceeding to justify failure to serve entire area.
An LSP shall file a petition with the commission to justify anticipated failure to offer basic local service within its entire local service area as required under subpart 4. The petition must be filed at least 90 days before the applicable 36-month deadline under subpart 4. The petition must include the basis for the local service provider's failure to meet the deadline and an alternative date by which the LSP expects to begin offering service in the areas for which it will not meet the 36-month deadline. The local service provider's certification for the portion of its local service area in which it does not offer basic local service does not expire until the commission has issued an order denying the local service provider's request for an extension under this subpart.
Subp. 6. Required notification.
Petitions for certification under this chapter must be served on the department, the OAG-RUD, the Department of Administration, persons certified to provide telecommunications service within the petitioner's designated service area, and the city clerk, or other official authorized to receive service or notice on behalf of the municipality, of all municipalities within the petitioner's designated service area.
Subp. 7. Comment periods.
Comments on a petition must be filed and served within 45 days after the petition is filed. Responsive comments must be filed and served within 20 days after the deadline for initial comments.
Subp. 8. Factual disputes.
If the petition raises contested issues of material fact, the commission shall refer the matter to the Office of Administrative Hearings for contested case proceedings or conduct an expedited proceeding under Minnesota Statutes, section 237.61, if permitted under the commission's rules of practice and procedure under part 7829.1200, item B or C.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16; 237.71
- History: 22 SR 46; 22 SR 2079
Minn. R. 7812.0300 Local Facilities-Based Service Certification
Subpart 1. Scope of certificate.
A certificate to provide local facilities-based service authorizes the provision of telecommunications services in Minnesota within the area identified in the applicant's petition. This includes authority to provide local service through the resale of a local exchange carrier's services, the purchase and recombination of a local exchange carrier's network elements, or the use of the local service provider's own facilities.
Subp. 2. Filing requirements.
A petition for authority to provide local facilities-based service must include the following information:
A. the applicant's full legal name and address, including the address of the applicant's place of business; if a corporation, the names, addresses, telephone numbers, and business experience of its officers; if a partnership or limited liability partnership, the names, addresses, telephone numbers, and business experience of persons authorized to bind the partnership; or, if a limited liability company, the names, addresses, and telephone numbers of its managers;
B. a description of the applicant's organizational structure, including documentation identifying the petitioner's legal status, for example, sole proprietorship, partnership, limited liability partnership, company, limited liability company, corporation, and so forth; a copy of its articles of incorporation; and, a list of shareholders, partners, or members owning ten percent or more of the interest in the business;
C. a list of the applicant's affiliates, subsidiaries, and parent organizations, if any;
D. the nature of the applicant's business, including a list of the services it provides;
E. a description of the applicant's business history, including:
F. for the most recent fiscal year, a financial statement of the applicant, consisting of a balance sheet, an income statement, notes to the financial statement, and, if available, an annual report;
G. a list and description of the types of services the applicant seeks authority to offer:
H. a proposed price list or tariff setting forth the rates, terms, and conditions of each service offering, unless the applicant is seeking a conditional certificate under subpart 4 and has not yet developed the information listed in this item;
I. a service area map providing the information required under part 7810.0500, subpart 2, and narrative description of the area for which the applicant is seeking certification, except that if the applicant does not have the necessary agreements or tariffs to serve the entire area for which certification is sought, a map providing the information required under part 7810.0500, subpart 2, and a narrative delineating specifically those areas in which the applicant is currently prepared to provide service;
J. the date by which the applicant expects to offer local service to the entire service area for which the applicant is seeking certification, including the applicant's estimated timetable for providing at least some of its services through use of its own network facilities;
K. a description of the applicant's policies, personnel, and equipment or arrangements for customer service and equipment maintenance, including information demonstrating the applicant's ability to respond to customer complaints and inquiries promptly and to perform maintenance necessary to ensure compliance with the quality requirements set forth in the commission's rules;
L. a copy of the applicant's certificate to conduct business from the Minnesota Secretary of State;
M. a description of the applicant's facilities and the location or proposed location of those facilities; and
N. other information needed to demonstrate that the applicant has the managerial, technical, and financial ability to provide the services it intends to offer consistent with the requirements of this chapter and applicable law.
Subp. 3. Decision criteria.
A certificate to provide local facilities-based service must not be granted unless the applicant establishes that it has the financial, technical, and managerial capability to provide the services described in its petition consistent with the public interest, including the requirements of this chapter, Minnesota Statutes, section 237.16, and all other applicable laws, rules, and commission orders. The decision to grant a certificate under this part must be based on the following criteria:
A. the applicant's experience providing telecommunications service in Minnesota or other jurisdictions, including the extent to which that experience is comparable to the service plans outlined in the certification petition;
B. the applicant's personnel, staffing, equipment, and procedures, including the extent to which these are adequate to ensure compliance with the commission's rules and orders relating to service requirements, service quality, customer service, engineering, accounting, and other relevant areas;
C. the extent to which the applicant has had any civil, criminal, or administrative action taken against it in connection with the applicant's provision of telecommunications services;
D. the applicant's cash reserves and the extent to which those reserves or cash equivalent are adequate to meet the petitioner's start-up costs and expenses;
E. the applicant's business or owner equity, which must be positive;
F. the nature and location of the applicant's proposed or existing facilities, including the extent to which those facilities are capable of providing the services identified in the applicant's filing under this part;
G. the applicant's plan and facilities for receiving and responding to customer inquiries and complaints, which must include a toll-free telephone number giving customers access to the applicant's place of business during regular business hours; and
H. any other factors relevant to determining the applicant's technical, managerial, and financial capability to provide the reasonably adequate services, as described in its petition, consistent with the public interest, including the requirements of this chapter, Minnesota Statutes, section 237.16, and all other applicable laws, rules, and commission orders.
Subp. 4. Conditional certificate.
The commission may grant a conditional certificate pending submittal and commission approval of the tariffs and intercompany agreements necessary for providing the services contemplated in the applicant's petition for certification. The filings necessary to make the conditional certificate operational must include any related changes to every service area map filed under subpart 2, item I. The maps must distinguish clearly between operational areas and nonoperational areas. Failure to offer service in the nonoperational areas by the deadline under part 7812.0200, subpart 4, results in the automatic revocation of the local service provider's certificate with respect to those nonoperational areas as provided in part 7812.0200, subparts 4 and 5.
Subp. 5. Amended certificate for change in service area.
A local service provider (LSP) shall not provide local service in an area for which it does not have a valid certificate under this part or acquire ownership or control of another LSP without first obtaining an amended certificate from the commission applicable to the area into which the LSP proposes to expand. A petition to modify a local service provider's service area must include a revised map and descriptive narrative as provided in subpart 2, item I, indicating the petitioner's proposed service area changes. The petition must be served on the parties identified in part 7812.0200, subpart 6. An amended certificate under this subpart is deemed approved within 20 days of the petition's service date unless:
A. the petition involves an acquisition under Minnesota Statutes, section 237.23, in which case a certificate must not be granted until the acquisition is approved under that section; or
B. an objection to the petition is filed within 20 days of the petition's service date, in which case the commission shall determine whether to grant the petition in an expedited proceeding under Minnesota Statutes, section 237.61. An objection must identify the reasons for opposing the petition, including a statement of why the proposed service area revisions would not be consistent with the public interest. When an objection is filed under item B, the petitioner has the burden of proving that it has the technical, managerial, and financial resources to provide local service in the service area into which it proposes to expand, consistent with this chapter and applicable rules, commission orders, and laws.
Subp. 6. Changes in terms and conditions.
An LSP shall file and obtain approval of tariffs to reflect any changes in terms and conditions of service. The LSP filing for a tariff change under this subpart shall demonstrate that the change is consistent with the provider's certificate and applicable commission orders, rules, or laws.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46
Minn. R. 7812.0350 Local Resale Service Certification
Subpart 1. Scope of certificate.
A certificate to provide local resale service exclusively authorizes the provision of local service as a reseller throughout the service area identified in the petition. It does not authorize the provision of other telecommunications service and it does not authorize the provision of local service through the applicant's own network facilities or through the purchase and recombination of a local exchange carrier's network facilities.
Subp. 2. Filing requirements.
A petition for authority to provide local service as a reseller must include the information required under part 7812.0300, subpart 2, items A to L, except for the information relevant to facilities-based service identified or contemplated in part 7812.0300, subpart 2, items G and K. The applicant shall provide any additional information needed to demonstrate that it satisfies the requirements for certification under subpart 3.
Subp. 3. Decision criteria.
A certificate to provide local service as a reseller must be granted when the petitioner establishes that it has the financial, technical, and managerial capability to provide the services described in its petition consistent with the public interest, including the requirements of this chapter, Minnesota Statutes, section 237.16, and all other applicable laws, rules, and commission orders. The decision to grant a certificate under this part must be based on the criteria in part 7812.0300, subpart 3, to the extent those criteria relate to the applicant's technical, managerial, and financial ability to provide reasonably adequate resale service.
Subp. 4. Conditional certificate.
The commission may grant a conditional certificate for local resale service as provided in part 7812.0300, subpart 4.
Subp. 5. Amended certificate for change in service area.
A reseller may expand its service area as provided in part 7812.0300, subpart 5.
Subp. 6. Changes in terms and conditions.
A reseller may change its terms and conditions of service as provided under part 7812.0300, subpart 6.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46
Minn. R. 7812.0400 Interexchange Service Certification
Subpart 1. Filing requirements.
A petition to provide interexchange service, but not local service, must include all the information required for local resale service petitions under part 7812.0350.
Subp. 2. Decision criteria.
The commission shall apply the decision criteria identified in part 7812.0300 or 7812.0350 to the extent those criteria are relevant to providing interexchange service.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46
Minn. R. 7812.0500 Local Niche Service Certification
Subpart 1. Filing requirements.
A petition to provide local niche service, but not local service or interexchange service, must include a description of the petitioner's business organization, experience, and expertise in providing telephone or telecommunications services, including local niche service. The petitioner must also submit a balance sheet indicating its current financial status.
Subp. 2. Decision criteria.
The commission shall apply the criteria identified in part 7812.0300 or 7812.0350 to the extent those criteria are relevant to providing the local niche services the petitioner intends to provide.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46
Minn. R. 7812.0550 911 Emergency Service Capabilities and Requirements
Subpart 1. CLEC 911 plan.
Before providing local service in a service area, a competitive local exchange carrier (CLEC) shall submit to the commission a comprehensive plan, detailing how it will provide 911 service to its customers in a manner consistent with applicable law, including chapter 7580, and comparable to the provision of 911 service by the local exchange carrier (LEC) operating in the competitive local exchange carrier's service area. The CLEC filing the plan shall serve the plan on the department, Office of Attorney General-Residential Utilities Division (OAG-RUD), commissioner of public safety, and, if the CLEC proposes to serve within the metropolitan area, as defined in Minnesota Statutes, section 403.02, the Executive Director of the Metropolitan 911 Board. The commission shall not permit the CLEC to begin providing local service until the commission has approved the plan.
Subp. 2. LEC cooperation.
A LEC shall provide a CLEC with the access to facilities and information necessary to enable the CLEC to meet its 911 service obligations. With respect to resale service, the LEC shall provide a CLEC customer's name, address, and telephone number information to the automatic location identification (ALI) database provider within 24 hours of the daily close of service order activity.
Subp. 3. Factors to apply in reviewing CLEC plan.
In determining whether to approve a competitive local exchange carrier's 911 plan under subpart 1, the commission shall consider, at a minimum, the competitive local exchange carrier's ability and intent to:
A. comply with chapter 7580;
B. integrate into the 911 tandem network as specified in the relevant county plan to achieve appropriate tandem-based choking, if the county is served by a tandem network;
C. design a network with adequate diversity and default-routing capability;
D. provide for the display at the public safety answering point (PSAP) of the customer's old and new telephone numbers when call-forwarding technology is used for interim number portability;
E. cooperate with each relevant county and system integrator in developing a 911 contingency plan;
F. maintain circuit-routing profiles and expedite service restoration;
G. share customer information and data consistent with current national standards for sharing information related to providing emergency telephone service;
H. enter into nondisclosure agreements with the ALI database provider;
I. submit data to the ALI database provider in the format required by the database provider;
J. ensure that the competitive local exchange carrier's identity is shown on the ALI record and displayed at the PSAP to the extent required by the county; and
K. provide for operator-assisted emergency calls, including calls from customers who are deaf, deafblind, hard-of-hearing, or who have a speech disability, or from non-English speaking customers.
Subp. 4. Use of decision criteria.
The factors identified in subpart 3, items A to K, must be considered as criteria to assist the commission in its evaluation of the adequacy of 911 plans. No one factor may be considered dispositive.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16; 237.71
- History: 22 SR 46; 22 SR 2079; L 2003 1Sp1 art 2 s 104; L 2013 c 62 s 32
Minn. R. 7812.0600 Basic Service Requirements
Subpart 1. Required services.
A local service provider (LSP) shall provide, as part of its local service offering, the following to all customers within its service area:
A. single party voice-grade service and touch-tone capability;
B. 911 or enhanced 911 access;
C. 1 + intraLATA and interLATA presubscription and code-specific equal access to interexchange carriers subscribing to its switched access service;
D. access to directory assistance, directory listings, and operator services;
E. toll and information service-blocking capability without recurring monthly charges as provided in the commission's ORDER REGARDING LOCAL DISCONNECTION AND TOLL BLOCKING CHARGES, Docket No. P-999/CI-96-38 (June 4, 1996), and its ORDER GRANTING TIME EXTENSIONS AND CLARIFYING ONE PORTION OF PREVIOUS ORDER, Docket No. P-999/CI-96-38 (September 16, 1996), which are incorporated by reference, are not subject to frequent change, and are available through the statewide interlibrary loan system;
F. one complete directory per year for each local calling area, which may include more than one local calling area, consistent with the customer option provisions of part 7810.2950 and, upon a customer's request and in the customer's preferred format among the formats offered by the local service provider, one copy of any other directory within the local calling area;
G. a white pages and directory assistance listing, or, upon customer request, a private listing that allows the customer to have an unlisted or unpublished telephone number;
H. call-tracing capability according to chapter 7813;
I. blocking capability according to the commission's ORDER ESTABLISHING CONDITIONS FOR THE PROVISION OF CUSTOMER LOCAL AREA SIGNALING SERVICES, Docket No. P-999/CI-92-992 (June 17, 1993) and its ORDER AFTER RECONSIDERATION, Docket No. P-999/CI-92-992 (December 3, 1993), which are incorporated by reference, are not subject to frequent change, and are available through the statewide interlibrary loan system; and
J. telecommunications relay service capability or access necessary to comply with state and federal regulations.
Subp. 2. Separate flat rate service offering.
At a minimum, each LSP shall offer the services identified in subpart 1 as a separate tariff or price list offering on a flat rate basis. An LSP may also offer basic local service on a measured rate basis or in combination with other services. An LSP may impose separate charges for the services set forth in subpart 1 only to the extent permitted by applicable laws, rules, and commission orders.
Subp. 3. Service area obligations: all LSPs.
An LSP shall provide its local services on a nondiscriminatory basis, consistent with its certificate under part 7812.0300 or 7812.0350, to all customers who request service and whose premises fall within the carrier's service area boundaries or, for an interim period, to all requesting customers whose premises fall within the operational areas of the local service provider's service area under part 7812.0300, subpart 4, or 7812.0350, subpart 4. The obligation to provide resale services does not extend beyond the service capability of the underlying carrier whose service is being resold. The obligation to provide facilities-based services does not require an LSP that is not an eligible telecommunications carrier (ETC) to build out its facilities to customers not abutting its facilities or to serve a customer if the local service provider cannot reasonably obtain access to the point of demarcation on the customer's premises.
Subp. 4. Service area obligations: ETCs.
An LSP designated an ETC by the commission must provide local service, including, if necessary, facilities-based service, to all requesting customers within the carrier's service area on a nondiscriminatory basis, regardless of a customer's proximity to the carrier's facilities. An LSP may assess special construction charges approved by the commission if existing facilities are not available to serve the customer.
Subp. 5. CLEC service areas.
Competitive local exchange carriers (CLECs) may designate service areas different from the service areas of local exchange carriers (LECs).
Subp. 6. Limitation on exit.
An LSP shall not withdraw from a service area unless another LSP certified for that area will be able to provide basic local service to the exiting local service provider's customers immediately upon the date the exiting provider discontinues service. An LSP shall not withdraw from its service area until at least 60 days after it has given written notice to the commission, department, Office of Attorney General-Residential Utilities Division (OAG-RUD), and its customers. The notice must identify the other LSPs available to its customers.
Subp. 7. Service disconnection.
An LSP may disconnect a customer's basic local service as allowed under parts 7810.1800 to 7810.2000, except that it shall not disconnect basic local service for nonpayment of toll or information service charges or any service other than basic local service.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46; 40 SR 47
Minn. R. 7812.0700 General Service Quality Requirements
Subpart 1. Service to end-users.
The local services provided by a local service provider (LSP) must meet the standards in:
A. applicable commission orders and rules, including parts 7810.0100 to 7810.6100 or their successor parts; and
B. the local service provider's alternative regulation plan (AFOR), if the provider is operating under an AFOR.
Subp. 2. Intercarrier agreements.
All local exchange carriers (LECs) and competitive local exchange carriers (CLECs) must include quality standards in their intercarrier agreements for resale, the purchase of network elements, or interconnection. These standards must, at a minimum:
A. enable each party to the agreement to meet the standards applicable under subpart 1; and
B. ensure that the CLEC receives service, network elements, and interconnection at least at parity with the services, network elements, and interconnection the LEC provides to itself or to any subsidiary, affiliate, or other party consistent with section 251, subsection (c), paragraphs (2) and (3), of the act and section 51.311, paragraphs (b) and (c), of the FCC interconnection rules.
Subp. 3. Intercarrier standards exceeding parity.
The standards in an agreement under subpart 2 may require the LEC to provide the CLEC with services, network elements, or interconnection at a level of quality exceeding that which the LEC provides itself or its affiliates. The CLEC shall pay a reasonable portion of the additional cost of providing the higher quality of service if the higher quality level goes beyond the specific mandates in applicable commission orders or rules. The reasonable portion of additional costs the CLEC must pay must be determined as provided in items A and B.
A. The CLEC shall pay for the higher quality services, network elements, or interconnection based on the proportional benefit the CLEC receives from the higher standards relative to the benefit received by the LEC.
B. The LEC shall demonstrate through its own internal quality measures that the contract standards exceed both the local exchange carrier's internal standards and the standards set forth in applicable commission orders and rules. Disputes regarding payment for higher service levels must be resolved through arbitration under section 252, subsection (b), of the act or through the dispute resolution process set forth in the parties' agreement.
Subp. 4. Determining carrier responsibility.
An LSP is directly responsible to its customers for the quality of service provided to those customers. Nothing in this subpart may be interpreted or applied to impact the allocation of liability between two or more telecommunications service providers in connection with quality of service issues.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46
Minn. R. 7812.0800 Local Calling Scope for Clec's
Subpart 1. Required offering.
A competitive local exchange carrier (CLEC) shall offer each end-user at least one flat rate calling area that matches the flat rate calling area offered that customer by the local exchange carrier (LEC) under part 7812.0900, subpart 1, including any applicable extended area service (EAS).
Subp. 2. Additional calling area options.
Upon 30 days' notice to the commission, department, Office of Attorney General-Residential Utilities Division (OAG-RUD), and LEC, a CLEC may offer alternative calling areas or measured rate options in addition to the flat rate calling area offered under subpart 1. The rates charged under any alternative calling area or measured rate options must be just, reasonable, and affordable relative to the rates charged for the required calling area under subpart 1.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46
Minn. R. 7812.0900 Local Calling Scope Flexibility for Lec's
Subpart 1. Required offering.
A local exchange carrier (LEC) shall offer each end-user the flat rate calling area, including any applicable extended area service (EAS), offered by the LEC as of July 28, 1997, as modified to reflect any subsequent addition or removal of EAS under the following commission orders, which are incorporated by reference, regarding the commission's Investigation into the Appropriate Local Calling Scope, in Accordance with Minn. Stat. 237.161, Docket No. P-999/CI-94-296:
A. ORDER REACTIVATING THE PROCESSING OF EAS PETITIONS (October 24, 1995); and
B. ORDER AFTER RECONSIDERATION (February 23, 1996). These orders are not subject to frequent change and are available through the statewide interlibrary loan system.
Subp. 2. Additional calling area options.
At any time after receipt of a notice under part 7812.0800, subpart 2, that a competitive local exchange carrier (CLEC) intends to offer additional alternative local calling areas or measured rate options, the LEC may, upon 30 days' notice to the commission, department, Office of Attorney General-Residential Utilities Division (OAG-RUD), and CLECs certified in the applicable area, file a tariff offering additional calling areas or measured rate options. The rates charged under an alternative calling area or measured rate options must be just, reasonable, and affordable relative to the rates charged for the required calling area under subpart 1. Changes in current rates are subject to the applicable provisions of Minnesota Statutes, chapter 237, regarding rate changes.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46
Minn. R. 7812.1000 Annual Notice of Customer Rights
At the time service is initiated, at least annually thereafter, and upon customer request, a local service provider (LSP) shall provide customers with a summary, in plain language, of the rights and obligations of customers as provided in items A to D.
A. The notice must describe the complaint procedures available through the LSP and the commission, and must indicate that the customer can contact the commission if dissatisfied with the local service provider's resolution of the customer's complaint. The notice must specify the current address and the local and toll-free telephone numbers of the commission's Consumer Affairs office.
B. The notice must describe the customer's rights regarding the payment of bills, disconnection of service, privacy, deposits, low-income assistance, programs for people who have hearing loss, and blocking options.
C. The notice must summarize the commission's service quality standards and the remedies available to customers for failure to meet those standards.
D. The notice must specify the price and service options as required by Minnesota Statutes, section 237.66.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46; L 2013 c 62 s 32
Minn. R. 7812.1100 Notice and Disclosure of Calling Area Offerings
New calling area offerings that differ from the calling area authorized under part 7812.0900, subpart 1, must comply with the customer notice requirements of items A to C.
A. The local service provider (LSP) shall include a map that distinguishes between the new calling area offerings and the calling area required under part 7812.0900, subpart 1, in printed advertisements and written solicitations regarding the new calling area offerings and in each customer's initial bill for service under the new calling area. The printed advertisements, written solicitations, and initial bill must include a narrative explaining the differences between the different calling area offerings, including the differences in the application of toll charges.
B. The LSP shall identify clearly the differences between any new calling area offering and the calling area required under part 7812.0900, subpart 1, including the differences in the application of toll charges, as part of any oral solicitation or contact with a customer regarding the new calling area offerings.
C. The LSP shall not provide service to a customer under a calling area different from the calling area authorized under part 7812.0900, subpart 1, unless the customer requests the new calling area after receiving direct notice and explanation as required under item A or B.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46
Minn. R. 7812.1200 Protection Against Changes in Service or Provider
A local service provider must comply with Minnesota Statutes, section 237.66, with respect to changes in a customer's local service provider.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46
Minn. R. 7812.1300 Universal Service
Subpart 1. State universal service support mechanism.
Eligibility for any state universal service support established by the commission under Minnesota Statutes, section 237.16, subdivision 9, must be limited to commission-designated eligible telecommunication carriers (ETCs) that offer and market the services identified in part 7812.0600, subpart 1. The support mechanism must provide support as necessary to ensure the affordability of basic local service, on a competitively neutral basis, consistent with section 254 of the act and FCC regulations adopted under the act, for the benefit of the following categories of end-users:
A. high-cost area end-users; and
B. low-income end-users.
Subp. 2. Federal universal service support mechanism.
Eligibility for federal universal service support for the benefit of high-cost area and low-income customers shall be limited to commission-designated ETCs as provided in section 254 of the federal act and applicable FCC regulations adopted pursuant to the act. Local service providers are eligible to receive federal universal service support for the benefit of rural health care providers, educational institutions, and libraries as provided in section 254, subsection (h), paragraph (1), subparagraph (B)(ii), of the act and any applicable FCC regulations.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46
Minn. R. 7812.1400 Etc Designation
Subpart 1. Automatic designation of LECs.
On and after July 28, 1997, each local exchange carrier (LEC) operating in Minnesota shall be designated an eligible telecommunication carrier (ETC), eligible to receive universal service support throughout its service area existing on July 28, 1997, under both the federal support mechanism established pursuant to section 254 of the act and any state fund established pursuant to Minnesota Statutes, section 237.16, subdivision 9.
Subp. 2. Designation of CLECs upon petition.
Upon request and consistent with the public interest, convenience, and necessity, the commission shall designate a competitive local exchange carrier (CLEC) as an ETC and eligible to receive universal service support from the federal universal service support mechanisms under section 254 of the federal act and any state universal service fund established under Minnesota Statutes, section 237.16, subdivision 9, if the CLEC qualifies as an ETC under part 7812.0100, subpart 15. A request for designation as an ETC eligible to receive universal service support must be filed and decided according to the requirements of subparts 3 to 13.
Subp. 3. Determining applicable universal service area.
A decision on a petition for designation to receive universal service support under this part must include a determination of the applicable universal service area. The commission shall determine whether the LEC serving the area for which the CLEC seeks designation to receive universal service support is a rural telephone company if the competitive local exchange carrier's petition or another party's initial comments under subpart 8 assert that the LEC is a rural telephone company. If the applicable LEC has 50,000 or more subscribers and is not found by the commission to be a rural telephone company, the commission shall designate the local exchange carrier's exchange area as the universal service area unless the commission finds that a smaller geographic unit would be more appropriate, based on consideration of the relevant high-cost areas designated by the FCC and the public interest.
Subp. 4. Petition information.
A competitive local exchange carrier's petition for designation as an ETC to receive federal universal service support under section 254 of the act, or any state universal service support under Minnesota Statutes, section 237.16, subdivision 9, must include:
A. the legal name, address, and telephone number of the CLEC and its designated contact person;
B. the name, address, and telephone number of the attorney, if the CLEC will be represented by an attorney;
C. the proposed effective date of designation of eligibility to receive universal service support;
D. the signature and title of the CLEC officer or representative authorizing the petition;
E. identification of the service area for which designation is sought, the LEC serving that area and whether the petitioning CLEC considers that LEC to be a rural telephone company;
F. a statement supporting the petition, which specifies why the requested designation satisfies the requirements for receiving universal service support under part 7812.0700.
Subp. 5. Filing and service.
A local service provider (LSP) filing a designation petition under subpart 1 shall file an original and 15 copies of the petition with the commission, unless otherwise directed by the executive secretary. A copy of the petition must also be served on the department, the Office of Attorney General-Residential Utilities Division (OAG-RUD), those persons on the applicable general service list, and on all other LSPs authorized to provide services in the area for which designation is sought.
Subp. 6. Challenges to form and completeness.
A person wishing to challenge the form or completeness of a designation petition shall do so within ten days of its filing. The filing local service provider shall reply to the challenge within five days of its filing.
Subp. 7. Rejection of filings.
The commission shall reject a designation petition found to be substantially out of compliance with this part. A filing under this part not rejected within 45 days of filing is considered accepted as in substantial compliance with applicable filing requirements.
Subp. 8. Initial comments.
A person wishing to comment on a designation petition under this part shall file initial comments within 20 days of the filing. Initial comments must include a recommendation on whether the filing requires a contested case proceeding, expedited proceeding, or some other procedure, together with reasons for the recommendation.
Subp. 9. Petition to intervene.
If a person who files initial comments is not entitled to intervene in a commission proceeding as of right and desires full party status, the person shall file a petition to intervene before the reply comment period expires. The intervention petition may be combined with comments on the filing.
Subp. 10. Reply comments.
Commenting parties have ten days from the expiration of the original comment period to file reply comments. Reply comments must be limited in scope to the issues raised in the initial comments.
Subp. 11. Nature of proceeding.
Unless all parties agree to the use of a different procedure or there are no unresolved issues of fact, the commission shall conduct an expedited proceeding under Minnesota Statutes, section 237.61, or refer the matter for a contested case proceeding.
Subp. 12. Time frame for disposition.
The commission shall take final action within 180 days of the filing of the petition.
Subp. 13. Unserved areas.
The commission may order an LSP to provide the services that are supported by a federal universal service support mechanism to an otherwise unserved area only as provided in section 102(a) of the act and consistent with Minnesota Statutes, sections 237.081 and 237.16.
Subp. 14. Relinquishment of universal service.
A local service provider may relinquish its ETC designation and accompanying universal service obligations as provided in items A to C.
A. A local service provider seeking to relinquish its ETC designation shall file a petition with the commission, specifying the service area for which it seeks to relinquish its designation, its proposed timetable for relinquishing its designation, and the identity of the other ETCs serving the service area. The petition to relinquish must be served on the department, the OAG-RUD, and all other local service providers serving the area for which the petitioner seeks to relinquish its ETC designation.
B. The commission shall permit a local service provider to relinquish its ETC designation if at least one other ETC serves the area for which the relinquishment is sought.
C. The petitioning ETC shall continue to meet its ETC obligations for the entire area for which it seeks to relinquish those obligations until the date specified in the commission's order approving the relinquishment. The commission shall specify the date upon which the local service provider may discontinue service based on the ability of other ETCs to serve the relinquishing provider's customers as provided in section 102(a) of the act.
Subp. 15. Revocation.
The commission shall revoke a local service provider's ETC designation upon finding that the LSP does not qualify as an ETC under part 7812.0100, subpart 15.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16; 237.71
- History: 22 SR 46; 22 SR 2079
Minn. R. 7812.1500 Intercarrier Negotiations Generally
Subpart 1. Definitions.
The following definitions apply to parts 7812.1500 to 7812.1900:
A. "Arbitration" means an alternative process for resolving disputes submitted to the commission pursuant to section 252 of the act, in which the commission, assisted by a neutral third party fact finder, makes a final determination on the issues presented.
B. "Arbitrator" means the person or persons designated by the commission to conduct arbitration proceedings as provided in part 7812.1700.
C. "Intervenor" means a person who is not a party to the negotiation but who is permitted to participate as a party in a proceeding under part 7812.1700 or 7812.1800.
D. "Mediation" means a voluntary alternative dispute resolution process in which a neutral third party helps parties reach a negotiated agreement as provided in part 7812.1600.
E. "Negotiating party" means a party to negotiations under section 252 of the act.
F. "Participant" means a person who files comments or otherwise participates in an arbitration or approval proceeding without becoming a party to the proceeding.
G. "Party" means a party to the negotiations under section 252 of the act, or a person permitted to intervene in the arbitration or approval proceeding under part 7812.1700 or 7812.1800.
H. "Petition for arbitration" means the petition requesting arbitration of open issues in a negotiation for interconnection or resale pursuant to section 252 of the act.
I. "Petitioner" means a party to a negotiation who files a petition for arbitration.
J. "Respondent" means a party to a negotiation against whom a petition for arbitration is filed.
Subp. 2. Establishing initial service list.
Persons desiring to receive notice of (1) requests for negotiation under section 252 of the act, (2) filings related to arbitrations under part 7812.1700, and (3) approval proceedings under part 7812.1800, shall file a written request with the incumbent local exchange carrier (LEC). The LEC shall maintain a list of all persons who have filed the requests and shall provide the list to any carrier requesting negotiations under section 252 of the act. The commission's rules of practice and procedure, part 7829.0600, subparts 2 to 5, apply to this list.
Subp. 3. Notice of interconnection request.
An incumbent LEC that receives a request for negotiation shall notify the commission in writing of the request. The notice must identify the party requesting negotiation and the date of the request. The notice must be filed and served on the other party to the negotiation, the department, the Office of Attorney General-Residential Utilities Division (OAG-RUD), and persons on the service list established under subpart 2 within ten days after receiving the request.
Subp. 4. Update on negotiation status.
Each party to a negotiation shall, between 90 and 125 days after the request for negotiation, notify the commission in writing of the status of the negotiations. The status report must identify any issues that have been settled, provide any timetable for completing the negotiations on which the parties have agreed, and indicate the date, if any, on which the party anticipates filing for arbitration. The parties may file a joint status report in lieu of a separate report from each party.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46
Minn. R. 7812.1600 Mediation of Intercarrier Negotiations
Subpart 1. Request for mediation.
A party may request mediation by the commission at any point during the negotiation. The parties to the negotiation may also file a joint request for mediation. The request must be in writing and must include the following information:
A. the identity of the parties to the negotiation, including the name, address, and telephone numbers and FAX numbers of the parties or their representatives;
B. the date on which the request for negotiation was made;
C. a brief summary of the parties negotiation history, including meeting dates and issues discussed;
D. a brief statement of the nature of the dispute, including a list of the issues in the negotiation that identifies which issues have already been resolved, which have not been resolved, and which unresolved issues should be mediated;
E. a statement of the parameters, if any, within which the requesting party expects the mediator to help resolve the disputed issues;
F. a proposed calendar for the mediation, including a date by which the mediation should be terminated if an agreement is not reached;
G. any recommendations regarding the choice of mediator, including preferences related to qualifications or individuals; and
H. any agreements between the parties as to how the mediation should be conducted.
Subp. 2. Notice of request.
The party requesting mediation shall serve the request on the other party or parties to the negotiation, the department, and the Office of Attorney General-Residential Utilities Division (OAG-RUD).
Subp. 3. Response to request.
The negotiating party that did not file a mediation request shall file with the commission a written response to the request within ten days after being served under subpart 2. The response must be served as provided in subpart 2. The response must indicate whether the party is willing to participate in a mediation and identify any disagreements with the text of the petition for mediation.
Subp. 4. Decision to initiate mediation.
The commission shall initiate a mediation upon request under subpart 2 unless another party to the negotiation indicates in writing that it will not participate in a mediation. The mediation shall be initiated by appointing a mediator under subpart 5.
Subp. 5. Appointment of mediator.
Within 15 days after receiving the mediation request, the commission or the commission's executive secretary shall appoint a person or persons to serve as mediator unless a party to the negotiation has submitted written notice that it will not participate in the mediation. Upon appointment, the mediator shall contact the parties promptly and establish a time to begin mediation. This subpart does not preclude the parties, by mutual agreement, from seeking private mediation from some other source in lieu of mediation under this part.
Subp. 6. Mediator qualifications.
The person appointed to mediate must be an administrative law judge assigned by the Office of Administrative Hearings, a member of the commission's staff, or a person retained by the commission on contract for the purpose of mediating under this part. The mediator assigned must have training or experience in mediation or expertise in the subject matter of the negotiations.
Subp. 7. Mediator neutrality and participation in subsequent proceedings.
The mediator must have no personal or financial interest in the outcome of the negotiations. The mediator shall not conduct or participate in any arbitration or approval proceedings regarding the matters submitted for mediation except as provided in subpart 15.
Subp. 8. Mediator role.
The mediator has no authority to compel a settlement, but shall attempt to encourage voluntary settlement by the parties. The mediator may make suggestions or, subject to the consent of the parties, take actions the mediator considers helpful in facilitating a settlement. The mediator's actions may include:
A. scheduling meetings;
B. directing the parties to provide and exchange information;
C. holding private caucuses with each party;
D. consulting other sources such as the department or commission staff; and
E. making oral or written recommendations for settlement.
Subp. 9. Representation of parties.
A party may be represented by counsel or others of the party's choice.
Subp. 10. Privacy.
Persons other than the parties' representatives may attend mediation sessions or otherwise participate in the mediation only upon agreement of the parties and the mediator.
Subp. 11. Confidentiality.
Records, reports, or other documents received by the mediator while serving in that capacity must not be divulged by the mediator in any subsequent proceeding. In any subsequent proceeding, the parties shall not rely on or introduce as evidence any of the following:
A. views expressed or suggestions made by another party with respect to a possible settlement of the dispute;
B. admissions made by another party in the course of the mediation;
C. proposals made or views expressed by the mediator; or
D. the fact that another party did or did not indicate a willingness to accept a proposal for settlement made by the mediator.
Subp. 12. Discovery.
Subpart 11 does not require the exclusion of evidence in subsequent proceedings that is otherwise discoverable.
Subp. 13. Record.
No stenographic record or electronic recording of the mediation process is permitted.
Subp. 14. Termination of mediation.
The mediator shall end the mediation under any of the following circumstances:
A. the parties execute an agreement on all the issues in dispute in the mediation;
B. at least one party submits to the mediator and serves on the parties a written declaration of the party's unwillingness to continue the mediation; or
C. the mediator determines that the mediation is unlikely to lead to a settlement, in which case the mediator shall serve on the commission and the parties a written statement terminating the mediation.
Subp. 15. Mediator serving as arbitrator.
The mediator shall not conduct or participate in the arbitration proceedings under part 7812.1700 unless all the parties to the negotiation agree in writing. If the parties and mediator agree to have the mediator conduct the arbitration proceedings under part 7812.1700, they shall notify the commission in writing of this agreement. The mediator is deemed to have been designated to conduct the arbitration effective upon commission receipt of the written notice.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46
Minn. R. 7812.1700 Arbitration of Intercarrier Negotiations
Subpart 1. Request to arbitrate.
During the period from the 135th day to the 160th day, inclusive, after the date on which an incumbent local exchange carrier (LEC) receives a request to negotiate under section 252, subsection (a), of the act, any party to the negotiation may petition the commission to arbitrate unresolved issues in the negotiation. The petition must include the following:
A. the name, address, and telephone number of the petitioner and its counsel;
B. the name, address, and telephone number of the other party to the negotiation and its counsel;
C. a brief summary of the negotiation history since the request for negotiation was made, including meeting dates;
D. the date of the initial request for negotiation and the dates 135 days, 160 days, and nine months after that date;
E. a list of the issues resolved by the parties, including a copy of any proposed contract language that reflects the resolution of those issues;
F. a list of the unresolved issues, if any, that are not being submitted for arbitration;
G. a list of the unresolved issues submitted for arbitration and the position of each of the parties with respect to those issues;
H. any proposed contract language reflecting the parties' positions;
I. a written narrative that explains the petitioner's position on each disputed issue and indicates how the petitioner's and respondent's positions meet or fail to meet the requirements of the act, applicable FCC regulations, applicable state statutes, and applicable rules, orders, or policies of the commission;
J. any terms and conditions the petitioner recommends imposing;
K. a proposed schedule for implementing the terms and conditions imposed in the arbitration;
L. a recommendation as to what information the other parties to the negotiation should provide, including a narrative explaining the relevance and importance of the information;
M. a proposed agreement reflecting the petitioner's recommended resolution of the disputed issues;
N. all documentation in the petitioner's possession or control that is relevant to the dispute, including:
O. any procedural recommendations regarding the conduct of the arbitration;
P. any request for a protective order;
Q. a list of all the witnesses and exhibits the petitioner intends to present at the arbitration hearing under subpart 17; and
R. any request for consolidation under subpart 12.
Subp. 2. Response to petition.
A nonpetitioning party or other interested person shall file with the commission any request to modify the procedures under this part or to consolidate the proceeding under subpart 11 within five days after the petition is filed. A nonpetitioning party shall file with the commission a complete response to the arbitration petition within 25 days after the petition is filed. The response must include the information required for petitions under subpart 1.
Subp. 3. Service and verification of petition and response.
The petition and response must be served on the other party to the negotiations, the department, the Office of Attorney General-Residential Utilities Division (OAG-RUD), and all persons on the service list established pursuant to part 7812.1500, subpart 2. Petitions and responses under subparts 1 and 2, and their accompanying documentation, must be verified.
Subp. 4. Assignment of arbitrator.
The commission shall meet and issue an order assigning an arbitrator within 25 days after the petition is filed. The commission may appoint a single arbitrator or a panel of arbitrators. The order may include procedural requirements or guidelines for the conduct of the arbitration in addition to those established in this part, and must include a decision on any request to consolidate proceedings under subpart 12. If the procedures set forth in the commission's order conflict with the procedures established in this part, the commission shall vary the requirements of this part as necessary under part 7829.3200.
Subp. 5. Mediation-arbitration hybrid.
The arbitration shall proceed without a commission order under subpart 4 if the arbitrator was designated under part 7812.1600, subpart 15, unless a party files a petition with the commission to decide procedural disputes regarding the conduct of the arbitration.
Subp. 6. Arbitrator qualifications.
The arbitrator must be, or the arbitration panel must include, an administrative law judge with the Office of Administrative Hearings or a person with arbitration or adjudicative experience retained by the commission on contract for the purpose of arbitrating under this part. If an arbitration panel is used, the administrative law judge or other experienced arbitrator under contract with the commission shall chair the panel.
Subp. 7. Arbitrator neutrality.
The person assigned to conduct the arbitration proceedings must have no personal or financial interest in the outcome of the proceeding. The arbitrator must not have participated or assisted materially in the negotiations leading up to the arbitration unless the arbitrator served as a mediator and was assigned under part 7812.1600, subpart 15, or the negotiating parties otherwise agree expressly in writing to waive the limitation in this subpart.
Subp. 8. Arbitrator role and authority.
The arbitrator shall conduct the arbitration proceedings and submit a recommended decision to the commission. The commission is the final arbiter and shall issue the final binding decision under section 252, subsection (b), paragraph (4), of the act. The arbitrator has those duties and powers necessary to conduct the arbitration, including the authority to:
A. conduct hearings and prehearing conferences;
B. direct parties to serve verified statements and exhibits;
C. supervise discovery procedure;
D. administer oaths and affirmations;
E. examine witnesses and allow parties to examine an adverse party or agent;
F. rule upon matters that do not result in the final determination of the proceeding;
G. direct any person to produce witnesses or information relevant to issues in the arbitration;
H. waive any of the requirements in this part upon agreement of the parties or for good cause;
I. issue protective orders as provided in subpart 9; and
J. issue proposed arbitration decisions as provided in subpart 19.
Subp. 9. Proprietary information.
Trade secret and proprietary information must be treated as provided under the commission's rules of practice and procedure, part 7829.0500. At any time during the proceeding, the arbitrator or commission may enter an order to protect the confidential, proprietary, or trade secret nature of data, information, or studies.
Subp. 10. Intervenors and participants.
The department and OAG-RUD may intervene in an arbitration proceeding by filing comments or a request to intervene within 25 days after the arbitration petition is filed. The comments or intervention request must be served on the negotiating parties and the persons on the service list established under part 7812.1500, subpart 2. No other intervention is permitted. Others wishing to participate may attend hearings as observers, file written comments and request the opportunity for oral argument to the arbitrator or the commission as provided in part 7829.0900.
Subp. 11. Staff involvement.
Commission staff may attend all prehearing conferences and hearings. Staff may question witnesses to the extent the arbitrator considers the questions relevant and helpful in developing a record for decision.
Subp. 12. Consolidation.
A party or other interested person may petition the commission to consolidate an arbitration with another arbitration or related proceeding. The petition must identify the issues common to the proceedings for which consolidation is sought, indicate the appropriate deadline for completing the consolidated proceeding, and explain why the request should be granted based on the criteria in items A to D. The commission may also take up the issue of consolidation on its own motion. The commission may consolidate an arbitration with another proceeding if the rights of the parties or the public interest will not be materially prejudiced by consolidation. The commission shall decide whether to consolidate based on:
A. the commonality of issues and interests in the proceedings;
B. the degree to which consolidation would reduce administrative burdens on the commission and the parties in the proceedings for which consolidation is being considered;
C. the administrative burdens and delay that may result from consolidation; and
D. the rights and preferences of the parties.
Subp. 13. Discovery request and response.
A party may serve requests for discovery on other parties at any time after the arbitration petition is filed, and may seek discovery by any means available under the Rules of Civil Procedure for the District Courts of Minnesota, subject to the discretion of the arbitrator under subpart 14. Initial requests for discovery must be served no later than 35 days after the arbitration petition is filed. The response to the request must explain any refusal to provide the information requested. The request and response must be served on the parties and filed with the arbitrator and the commission.
Subp. 14. Arbitrator discretion.
The arbitrator may establish a schedule for discovery and set any reasonable limits on the type, scope, or extent of discovery as needed to avoid delay or undue hardship on a party. The arbitrator's authority includes, but is not limited to, authority to set deadlines for responses to discovery requests and to limit the number of questions permitted in any written depositions or interrogatories.
Subp. 15. Inadequate response to discovery requests.
If a party believes another party has failed to respond adequately to a discovery request, the party shall file a written statement to that effect with the arbitrator before the hearing has closed. The statement must identify specifically the alleged inadequacies and provide the reasons for concluding that the discovery responses were inadequate. The party against whom the allegation is made may file a written statement responding to the allegation according to the timetable established by the arbitrator. The arbitrator or commission may do any of the following based on a party's failure to respond adequately to discovery requests or cooperate in the discovery process:
A. issue an order to compel discovery;
B. resolve the issue to which the discovery pertains in favor of the party making the discovery request; or
C. treat the failure as a failure to negotiate in good faith under the act.
Subp. 16. Prehearing conference.
The arbitrator shall hold at least one prehearing conference no later than ten days after the response to the arbitration petition is filed under subpart 2. The arbitrator shall ensure the parties receive notice of the prehearing conference at least 48 hours in advance. The notice may be provided in writing by mail, hand-delivery or facsimile, or orally by telephone. The arbitrator may hold as many prehearing conferences as necessary to ensure the fair and expeditious conduct of the arbitration. The prehearing conferences may be used to set the hearing schedule and guidelines, and to consider all other relevant procedural matters, including:
A. identification and narrowing of issues;
B. amendments to documents;
C. limitations on the number of witnesses; and
D. discovery.
Subp. 17. Hearing.
If material issues of fact are in dispute, the arbitrator must conduct a hearing with the opportunity for cross-examination. The arbitrator shall schedule the hearing to ensure the proceeding can be completed by the deadline under the act. The arbitrator shall conduct the hearing according to the following procedures:
A. The arbitrator shall serve notice of the hearing on all parties and participants at least five days before the hearing begins.
B. Oral testimony must be given under oath and witnesses are subject to cross-examination.
C. The arbitrator may, with or without timely objection, exclude evidence or limit testimony that is irrelevant or unduly repetitious.
D. The arbitrator shall ensure that a written transcript of the hearing is prepared.
Subp. 18. Posthearing argument and comment.
Parties shall file briefs and reply briefs as directed by the arbitrator. Participants may file comments and reply comments during the briefing period.
Subp. 19. Arbitrator's recommended decision.
The arbitrator shall issue a recommended decision on the issues submitted for arbitration no later than 35 days before the date nine months after the request for negotiation that gave rise to the arbitration. The decision must be in writing, setting forth the recommended resolution of each issue submitted for arbitration that has not been resolved through subsequent negotiations. The decision must also include a recommended schedule for implementation by the parties. The decision must be accompanied by a written memorandum that provides the rationale for each recommended resolution, including any necessary findings and relevant citations to law or the record.
Subp. 20. Exceptions.
The parties and participants may file exceptions to the recommended decision and requests for oral argument with the commission no later than ten days after the arbitrator issues the recommended decision under subpart 19.
Subp. 21. Commission decision.
The commission shall issue a final arbitration decision no later than 35 days after the arbitrator issues the recommended decision. The decision must include a resolution of each issue submitted for arbitration that has not been resolved through subsequent negotiations. The decision must also include a schedule for implementation by the parties and a deadline for submitting a final agreement to the commission for approval under part 7812.1800.
Subp. 22. Decision criteria.
Issues submitted for arbitration must be resolved consistent with the public interest, to ensure compliance with the requirements of sections 251 and 252(d) of the act, applicable FCC regulations, and applicable state law, including rules and orders of the commission.
Subp. 23. Burden of proof.
The burden of production and persuasion with respect to issues of material fact are on the incumbent LEC. The facts at issue must be proven by a preponderance of the evidence. The arbitrator may shift the burden of production as appropriate, based on which party has control of the critical information regarding the issue in dispute. The arbitrator may also shift the burden of proof as necessary to comply with applicable FCC regulations regarding burden of proof.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46
Minn. R. 7812.1800 Agreement Approval
Subpart 1. Filing of agreement.
The negotiating parties shall submit a complete agreement to the commission by the deadline established in the commission's final arbitration order under part 7812.1700, subpart 21, unless the agreement does not include any arbitrated terms, in which case the parties may file the agreement at a time of their own choosing. The agreement must contain all negotiated and arbitrated terms and must include a memorandum that:
A. identifies and explains inconsistencies between the arbitrated terms of the agreement and the commission's arbitration decision;
B. explains how the agreement is consistent with the public interest and nondiscriminatory as to other local service providers;
C. describes the likely impact, if any, on the rates or service of the end-use customers of both providers; and
D. provides the rationale for severance, if requested under subpart 3.
Subp. 2. Service.
The negotiating parties shall serve the agreement on the department, the Office of Attorney General-Residential Utilities Division (OAG-RUD), and persons on the service list established under part 7812.1500, subpart 2. The agreement must be served on the same day it is submitted to the commission.
Subp. 3. Severance of arbitrated and negotiated terms.
The commission shall consider arbitrated terms separate from negotiated terms with respect to a single negotiation request under the act only if the commission finds that the arbitrated matters are unrelated to the negotiated matters as, for example, wholesale rates for resale may be unrelated to interconnection issues. A request for severance under this subpart must be made in writing prior to or as part of the filing of the agreement under subpart 1.
Subp. 4. Comments.
Parties and participants may file written comments on the filing under subpart 1 no later than ten days after the agreement is filed.
Subp. 5. Decision criteria.
The commission shall reject an agreement if it finds that the agreement discriminates unreasonably against another telecommunications carrier as defined in United States Code, title 47, section 153, paragraph (44), is inconsistent with the public interest or, with respect to its arbitrated terms, fails to comply with the commission's arbitration decision under part 7812.1700, subpart 21, or meet the arbitration standards set forth in part 7812.1700, subpart 22.
Subp. 6. Commission decision.
The commission shall issue a written order accepting or rejecting the agreement. The commission shall issue its decision no later than 90 days after the agreement is filed unless:
A. the parties to the agreement agree to extend the deadline;
B. the agreement filed under subpart 1 contains no negotiated terms, in which case the commission shall issue its decision within 30 days; or
C. the commission considers the arbitrated terms separately as a separate agreement pursuant to a severance under subpart 3, in which case the commission shall issue its decision with respect to the arbitrated terms within 30 days.
Subp. 7. Rehearing.
If the commission rejects an agreement, the parties may file a petition for rehearing at any time, provided the parties have agreed to changes that they believe remedy the deficiencies identified by the commission. If the parties cannot agree on changes, they shall proceed with negotiations and, if necessary, arbitration according to section 252 of the act and parts 7812.1500 to 7812.1800.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16; 237.71
- History: 22 SR 46; 22 SR 2079
Minn. R. 7812.1900 Disputes Arising Under Existing Agreements
Disputes arising in the implementation of an agreement must be submitted to the commission for arbitration under part 7812.1700, unless:
A. the agreement provides a different mechanism for resolving those disputes; or
B. the dispute is filed under Minnesota Statutes, section 237.462, and the commission orders an expedited proceeding under subdivision 6 of that section.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46; 25 SR 1677
Minn. R. 7812.2000 Rural Exemption Claim; Notice, Proceedings
Subpart 1. Notice of claim to rural exemption.
A local exchange carrier (LEC) seeking to retain or establish a rural exemption under United States Code, title 47, section 251, subsection (f), paragraph (1), shall, no later than 20 days after receiving a competitive local exchange carrier's (CLEC's) bona fide request for interconnection, services, or network elements under United States Code, title 47, section 251, notify the requesting company, the commission, the department, and the Office of Attorney General-Residential Utilities Division (OAG-RUD), of its claim to the exemption. A LEC failing to assert its exemption claim as provided in this subpart is deemed to have waived any right it may have to the exemption for purposes of the specific bona fide request for which it has failed to assert the exemption. The notice must state the basis upon which the LEC considers itself to be a rural telephone company.
Subp. 2. CLEC response to exemption claim.
An affected competitive local exchange carrier (CLEC) shall file any challenge to a LEC's exemption claim under subpart 1, including a request to terminate the exemption, within 20 days after receiving the LEC's notice under subpart 1.
Subp. 3. Commission decision.
The commission shall determine a LEC's eligibility for an exemption asserted under subpart 1, including whether the exemption should be terminated, as provided in United States Code, title 47, section 251, subsection (f), paragraph (1), and applicable FCC regulations. A commission decision to deny or terminate an exemption must include a schedule for implementing the negotiation, arbitration, and agreement approval requirements of United States Code, title 47, section 252.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16; 237.71
- History: 22 SR 46; 22 SR 2079
Minn. R. 7812.2100 Suspending, Modifying Interconnection Duties
Subpart 1. Petition for suspension or modification.
A local exchange carrier (LEC) seeking suspension or modification of the requirements of United States Code, title 47, section 251, subsection (b) or (c), pursuant to United States Code, title 47, section 251, subsection (f), paragraph (2), shall file a petition with the commission. The petition must include:
A. the legal name, address, and telephone number of the LEC and its designated contact person;
B. the name, address, and telephone number of the attorney if the LEC will be represented by an attorney;
C. the date of the filing, which is the date the commission receives the LEC's filing or the date designated by the LEC, whichever is later;
D. the proposed effective date of the suspension or modification sought by the LEC;
E. the signature and title of the LEC officer or representative authorizing the petition;
F. a description of the obligations the LEC seeks to suspend or modify, including specific references to the relevant provisions of section 251, subsection (b) or (c), of the act;
G. a detailed description of the modifications or suspensions the LEC is seeking, including the proposed duration of each suspension or modification;
H. the number of subscriber lines the LEC has nationwide, at the holding company level, and the LEC's estimate of the total number of all LEC subscriber lines nationwide;
I. a statement supporting the petition, which must specify why each requested modification or suspension meets the conditions for modification or suspension specified in section 251, subsection (f), paragraph (2), subparagraphs (A) and (B), of the act and applicable FCC regulations; and
J. a statement as to whether the LEC requests the commission to grant a temporary stay under subpart 9 of the obligations the LEC seeks to modify or suspend.
Subp. 2. Filing and service.
The petition filed under subpart 1 must be served on the department, the Office of Attorney General-Residential Utilities Division (OAG-RUD), each competitive local exchange carrier (CLEC) to which the requested suspensions or modifications would likely apply, and those persons on an applicable general service list established by the commission.
Subp. 3. Challenges to form and completeness.
A challenge to the form or completeness of a petition filed under subpart 1 must be received by the commission and served on the LEC within ten days after the LEC's petition is filed. The LEC shall reply to the challenge within five days of the date it receives the filing challenging its petition.
Subp. 4. Rejection of filings.
The commission shall reject a modification or suspension petition it finds to be substantially out of compliance with subpart 1 or 2. A modification or suspension petition is considered to be in substantial compliance with subparts 1 and 2 if the commission does not issue an order rejecting the petition within 45 days after the petition is filed.
Subp. 5. Initial comments.
Comments on a modification or suspension petition must be filed with the commission within 20 days after the petition is filed. Initial comments must include a recommendation on the type of proceeding the commission applies to the petition and the reasons for the recommendation.
Subp. 6. Reply comments.
Reply comments must be filed with the commission within ten days after the deadline for filing initial comments under subpart 5. Reply comments must be limited in scope to the issues raised in the initial comments.
Subp. 7. Petition to intervene.
Petitions to intervene must be filed by the deadline for reply comments under subpart 6. An intervention petition may be combined with initial or reply comments filed under subpart 5 or 6.
Subp. 8. Nature of proceeding.
Unless all parties agree to use a different procedure or there are no material issues of fact in dispute, the commission shall conduct an expedited proceeding under Minnesota Statutes, section 237.61, or refer the matter for a contested case proceeding under Minnesota Statutes, chapter 14.
Subp. 9. Stay of LEC obligations pending final disposition of petition.
The commission may suspend enforcement of any of the obligations which the LEC's or SLEC's petition seeks to modify or suspend pending final disposition of the petition if, based on the standards applied by Minnesota courts for granting temporary injunctions, the commission determines that a suspension would be appropriate.
Subp. 10. Commission disposition.
The commission shall decide the petition according to the requirements in section 251, subsection (f), paragraph (2), subparagraphs (A) and (B), of the act and applicable FCC regulations.
Subp. 11. Time frame for disposition.
The commission shall take final action on a petition within 180 days after receiving a petition that substantially complies with the filing requirements of subparts 1 and 2.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16; 237.71
- History: 22 SR 46; 22 SR 2079
Minn. R. 7812.2200 [Repealed, 25 SR 1677]
[Repealed, 25 SR 1677]
Minn. R. 7812.2210 Competitive Local Exchange Carriers (clec's)
Subpart 1. General scope of regulation.
Competitive local exchange carriers (CLECs) are regulated as provided in this part.
A. The commission shall exercise its regulatory authority over the local services provided by CLECs only to the extent provided for in, or necessary to implement the requirements of, all applicable statutes or this chapter. Except as provided otherwise in this part or other commission rules, the commission shall exercise its authority over a CLEC's local services only upon complaint under subpart 17 and will not require prior approval of a CLEC's tariffs or service offerings.
B. This part applies to a CLEC affiliate of an incumbent local exchange carrier (LEC) only with respect to its operations in geographic areas outside the service area of the affiliated LEC. A CLEC's local service operations inside the service area of its affiliated LEC must be regulated in the same manner as the LEC's local service operations, unless Minnesota Statutes, chapter 237 specifies otherwise or the commission grants a variance in the public interest. For the purpose of this subpart, the definition of an "affiliated CLEC" or "affiliated LEC" follows the definition of an "affiliated company" in Minnesota Statutes, section 237.65, subdivision 1.
Subp. 2. Tariff filings.
For each local service offering, a CLEC shall file with the commission a tariff that contains the rules, rates, and classifications used by the CLEC in the conduct of its local service business, including limitations on liability. The tariff must be consistent with any terms and conditions in the CLEC's certificate of authority. The CLEC shall file six copies of its tariffs with the commission and shall serve one copy on the department and one copy on the Office of Attorney General - Residential Utilities Division (OAG-RUD). Amendments to the tariffs must be filed in the same manner. These filings are governed by the Minnesota Data Practices Act, Minnesota Statutes, chapter 13. Upon request, a CLEC shall provide a copy of its tariff or make its tariff available for review at a location convenient to the requesting person within five business days.
Subp. 3. Tariff changes.
A CLEC may offer new local services or change the prices, terms, or conditions of existing local services by filing amendments to its tariffs in accordance with subpart 2. These tariff filings take effect as follows:
A. A new service, price decrease, promotion, or insubstantial change in the terms or conditions of a service may take effect immediately upon filing. A price decrease may take effect without notice to customers.
B. Except as provided in item C, a price increase, a substantial change in a term or condition of a service, or a discontinuation of a service other than basic local service may take effect 20 days after filing and providing written notice to affected customers as provided in subitems (1) and (2):
C. Notwithstanding items A and B, the filing requirements for a CLEC must not be more stringent than the filing requirements governing any LEC with 50,000 or more subscribers in whose service area the CLEC is providing local service.
Subp. 4. Cost information.
The commission shall not require a CLEC to file cost information unless the commission determines that cost information is needed to resolve a complaint alleging that the CLEC is violating a standard set forth in subpart 5 or 8.
Subp. 5. Discrimination.
No CLEC may offer telecommunications service within the state on terms or rates that are unreasonably discriminatory. At a minimum, a CLEC must provide its telecommunications services in accordance with items A to D:
A. A CLEC shall charge uniform rates for local services within its service area. However, a CLEC may, upon a filing under subpart 2:
B. A tariff providing for prices unique to particular customers or groups of customers under item A, subitem (3), shall identify the service for which a unique price is available and the conditions under which the unique price is available.
C. In addition to the exceptions provided in item A, a CLEC may also charge different rates for local services within its service territory upon a prior finding by the commission that the CLEC has good cause to do so.
D. To the extent prohibited by federal law or the commission, a CLEC shall not give preference or discriminate in providing services, products, or facilities to an affiliate or to its own or an affiliate's retail department that sells to consumers.
Subp. 6. Promotions.
A CLEC may promote the use of a local service by offering a waiver of part or all of the recurring or nonrecurring charge, a redemption coupon, or a premium with the purchase of a service. The promotion may be aimed at certain customers or to certain geographic locations. The customer group to which the promotion is available must be based on reasonable and nondiscriminatory distinctions among customers. Any single promotion in a given area must not be effective for longer than 90 days at a time. A promotion may take effect upon a tariff filing in accordance with subpart 2. The promotional tariff should include the dates of the promotion, prices, and a brief description of who is eligible for the promotion and the benefits, restrictions, and commitments of the promotion.
Subp. 7. Packaging services.
A CLEC may offer local service as part of a package that may include goods and services other than telecommunications services. In addition to the tariff requirements that apply to the telecommunications elements of the package, the tariff must also contain a general description of the nontelecommunications components of the package. Nothing in this subpart is intended to give the commission or the department regulatory authority over the nontelecommunications services provided by a CLEC.
Subp. 8. Prices.
A CLEC's local services are not subject to any rate or price regulation except that the commission may, upon complaint, order a CLEC to change a price or pricing practice or take other appropriate action if the commission determines, after an investigation under subpart 17, that:
A. the price or pricing practice unreasonably restricts resale in violation of Minnesota Statutes, section 237.121, paragraph (a), clause (5);
B. the price or pricing practice is unreasonably discriminatory in violation of subpart 5;
C. the price or pricing practice is deceptive, misleading, fraudulent as those terms are defined in state or federal law, or is otherwise unlawful under state or federal law;
D. the price or pricing practice will impede the development of fair and reasonable competition or reflects the absence of an effectively competitive market as determined on the basis of factors such as:
E. the price or pricing practice has caused or will result in substantial customer harm.
Subp. 9. Prohibited practices.
A CLEC must comply with Minnesota Statutes, section 237.121, which proscribes certain conduct in the provision of telecommunications services.
Subp. 10. Interconnection.
A CLEC must allow physical connections to its network and pay appropriate compensation for interconnection with and access to the networks of other local service providers as determined by the commission consistent with the requirements of the federal act.
Subp. 11. Commission approval to discontinue service or physical connection to another carrier.
In accordance with Minnesota Statutes, section 237.74, subdivisions 6, paragraph (a), and 9, a CLEC must obtain prior commission approval before discontinuing a service or physical connection to a telephone company or a telecommunications carrier if end users would be deprived of service because of the discontinuance or disconnection.
Subp. 12. Public right-of-way.
To the extent that a CLEC owns or controls, or seeks to own or control, a facility in the public right-of-way that is used or is intended to be used for transporting telecommunications or other voice or data information, the CLEC shall comply with Minnesota Statutes, sections 237.162 and 237.163, which provide for the use and regulation of the public rights-of-way.
Subp. 13. 911/TAM/TAP.
Each CLEC is subject to Minnesota Statutes, sections 237.52 (Telecommunications Access Minnesota), 237.70 and 237.701 (Telephone Assistance Program), and 403.11 (911 Emergency Services). Amounts collected as surcharges under these sections must be remitted to the commissioner of public safety in the manner prescribed in Minnesota Statutes, section 403.11.
Subp. 14. Consumer protection laws on disclosure, antislamming, cramming.
A CLEC shall comply with the requirements of Minnesota Statutes, sections 237.66, 237.661, and 237.663.
Subp. 15. Regulatory expense assessment.
A CLEC is subject to assessment by the department for the regulatory expenses of the department and the commission, as provided by Minnesota Statutes, section 237.295.
Subp. 16. Mergers and acquisitions.
In accordance with Minnesota Statutes, section 237.74, subdivision 12, before acquiring ownership or control of any provider of local service in Minnesota, either directly or indirectly, a CLEC must demonstrate to the commission that the present or future public convenience and necessity require or will require the acquisition. To make this determination, a CLEC must show that the merger is consistent with the public interest, based on such factors as the potential impact of the merger on consumers, competition, rates, and service quality.
Subp. 17. Investigations and complaints; proceedings.
Investigations and complaints regarding CLEC compliance with this chapter are governed by items A to H.
A. After giving notice to the CLEC, the commission may investigate any matter brought forth under its own motion or raised in a complaint against a CLEC of a possible violation of this chapter. A complaint may be brought by a telephone company; by a telecommunications carrier; by the department; by the OAG-RUD; by the governing body of a political subdivision; or by no fewer than five percent or 100, whichever is the lesser number, of the subscribers or spouses of subscribers of the CLEC.
B. If, after an investigation, the commission finds that a significant factual issue has not been resolved to its satisfaction, the commission may order that a contested case hearing be conducted under Minnesota Statutes, chapter 14, unless the complainant, the CLEC, and the commission agree that an expedited hearing under Minnesota Statutes, section 237.61 is appropriate, or the commission orders an expedited proceeding under Minnesota Statutes, section 237.462, subdivision 6.
C. In any complaint proceeding authorized under this subpart, the CLEC bears the burden of proof, unless:
D. A full and complete record must be kept by the commission of all proceedings before it upon any formal investigation or hearing. All testimony received or offered must be taken down by a stenographer appointed by the commission and a transcribed copy of the record furnished to any party to the investigation upon paying the expense of furnishing the transcribed copy.
E. If the commission finds by a preponderance of the evidence presented during the complaint proceeding that existing rates, tariffs, charges, schedules, or practices violate an applicable provision of this chapter, the commission shall take appropriate action, which may include ordering the CLEC to:
F. A copy of an order issued under this subpart must be served upon the person against whom it is directed or the person's attorney, and notice of the order must be given to the other parties to the proceedings or their attorneys.
G. A party to a proceeding before the commission or the OAG-RUD may make and perfect an appeal from the order in accordance with Minnesota Statutes, chapter 14.
H. This subpart does not preclude the parties from pursuing voluntary mediation, arbitration, or other alternative dispute resolution. Upon the filing of a complaint, the commission may vary deadlines to allow for voluntary dispute resolution by the parties. However, in accordance with part 7829.1600, if the complainant desires formal action by the commission, the commission shall resolve the dispute.
Subp. 18. Enforcement; penalties and remedies.
A CLEC is subject to the penalties and remedies provided in Minnesota Statutes, sections 237.461, 237.462, and 237.74, subdivision 11.
Subp. 19. Annual reports.
On or before May 1 of each year, a CLEC shall complete and return to the department the annual report form prepared by the department.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 25 SR 1677; L 2003 1Sp1 art 2 s 104; L 2004 c 228 art 1 s 74
Minn. R. 7812.2300 Rule Review and Revision
The commission shall appoint a task force no later than January 2, 2002, to evaluate the provisions in this chapter and determine whether any provisions of this chapter should be revised or deleted. The task force shall make its recommendations to the commission within six months after the date it is appointed. As a result of the task force recommendations, the commission may propose revisions to this chapter or any other related rules.
History
- Statutory Authority: MS s 216A.05; 237.10; 237.16
- History: 22 SR 46
Chapter 7813 TELEPHONE CALL-TRACING SERVICES
Minn. R. 7813.0100 Definitions
Subpart 1. Scope.
Terms used in this chapter have the meanings given them in this part.
Subp. 2. Call tracing.
"Call tracing" means identifying and recording the numbers of the telephones originating some or all incoming calls to the telephone line of a customer who has complained of receiving harassing calls and has requested that those calls be traced.
Subp. 3. Customer.
"Customer" means a person, firm, partnership, limited liability company, corporation, municipality, cooperative association or organization, governmental agency, or other entity receiving telecommunications service.
Subp. 4. CLASS call-tracing service.
"CLASS call-tracing service" means a customer-activated, call-specific form of call-tracing service available in technologically upgraded exchanges as part of a set of services called Custom Local Area Signaling Services.
Subp. 5. Emergency.
"Emergency" means a situation that appears to present immediate danger to person or property.
Subp. 6. Harassing telephone calls.
"Harassing telephone calls" means telephone calls in which the caller:
A. threatens injury to person or property;
B. makes any comment, request, suggestion, or proposal that is obscene, lewd, or lascivious;
C. repeatedly makes telephone calls, whether or not conversation ensues, with intent to abuse, threaten, or harass; or
D. makes or causes the telephone of another person to ring repeatedly or continuously, with intent to harass a person at the called telephone number.
Subp. 7. Investigative or law enforcement officer.
"Investigative or law enforcement officer" means an officer of the United States, a state, or a political subdivision of the United States or a state, or a University of Minnesota peace officer, who is empowered by law to investigate or make arrests for crimes related to communications, or an attorney authorized by law to prosecute those crimes.
Subp. 8. Local exchange carrier.
"Local exchange carrier" means a telephone company furnishing local telephone service.
Subp. 9. Trap and trace device.
"Trap and trace device" means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted.
History
- Statutory Authority: MS s 237.069
- History: 19 SR 1518
Minn. R. 7813.0200 Scope
This chapter governs how local exchange carriers respond to requests for call tracing made by persons who state they are receiving harassing telephone calls. It does not govern how local exchange carriers respond to court orders requiring or involving call tracing.
History
- Statutory Authority: MS s 237.069
- History: 19 SR 1518
Minn. R. 7813.0300 When Call Tracing Must Be Provided
Subpart 1. Request by customer and officer.
Local exchange carriers must provide call-tracing services when requested by both a customer and an investigative or law enforcement officer and the customer has provided written consent.
Subp. 2. Emergency request.
In emergencies, local exchange carriers shall provide call-tracing services when requested by a customer and the customer has provided oral consent. In emergencies, local exchange carriers shall request written consent promptly and shall advise the customer to seek the assistance of an investigative or law enforcement officer.
History
- Statutory Authority: MS s 237.069
- History: 19 SR 1518
Minn. R. 7813.0400 Customer Requests for Call-Tracing Services
Subpart 1. When call-tracing services may be provided.
Local exchange carriers may provide call-tracing services without a request from an investigative or law enforcement officer when a customer alleges receiving harassing telephone calls and provides written consent.
Subp. 2. Standards for considering requests.
In deciding whether to grant or deny nonemergency requests for call-tracing services from customers who have not involved investigative or law enforcement officers, local exchange carriers shall weigh the following factors:
A. the likelihood that alternatives to call tracing will stop the calls;
B. the degree of harm caused by the calls;
C. the technical difficulty of tracing the calls;
D. the amount of call-tracing equipment available; and
E. the number of competing requests for call-tracing services.
Subp. 3. Customers referred to law enforcement.
Local exchange carriers shall tell customers who request call-tracing services and are denied them that call-tracing services will be provided upon the request of an investigative or law enforcement officer and receipt of the customer's written consent.
History
- Statutory Authority: MS s 237.069
- History: 19 SR 1518
Minn. R. 7813.0500 Alternatives to Call Tracing
Local exchange carriers shall explain alternatives to call tracing to customers who report receiving annoying calls but do not believe law enforcement assistance is necessary, and to customers whose requests for call-tracing services are denied. These alternatives may include hanging up on the caller, changing telephone numbers, or using an unlisted or unpublished telephone number.
History
- Statutory Authority: MS s 237.069
- History: 19 SR 1518
Minn. R. 7813.0600 Companies to Provide Consent Forms
Local exchange carriers shall prepare, and provide to customers upon request, forms for granting consent to having their incoming calls traced. Carriers shall not insert any agreements or obligations beyond such consent in those forms. Carriers shall accept as written consent any writing signed by the customer consenting to having incoming calls traced.
History
- Statutory Authority: MS s 237.069
- History: 19 SR 1518
Minn. R. 7813.0700 Time for Responding to Requests
Subpart 1. Answering time.
Local exchange carriers shall maintain adequate staffing levels to ensure that 90 percent of calls from customers requesting call tracing are answered within 20 seconds. "Answered" means that the operator or representative is ready to render assistance or accept the information necessary to handle the call. Acknowledging that the customer is waiting on the line and will be served in turn is not an adequate answer.
Subp. 2. Deadlines for activating tracing service.
In emergencies, local exchange carriers shall activate call-tracing services as soon as possible, but no later than four hours after receiving a request and oral consent from the customer. In other cases in which call tracing must be provided under part 7813.0300, local exchange carriers shall activate call-tracing services within 48 hours of receiving written consent of the customer or the request of an investigative or law enforcement officer, whichever is later.
History
- Statutory Authority: MS s 237.069
- History: 19 SR 1518
Minn. R. 7813.0800 Standards for Providing Call-Tracing Service
Subpart 1. Customer assistance required.
Local exchange carriers shall assist customers whose calls are being traced using trap and trace technology by providing logs to record the dates and times of harassing calls and by maintaining a log of the dates, times, and originating telephone numbers of calls which have been traced by the company and identified as harassing by the customer.
Subp. 2. Treatment of identified numbers.
Except as otherwise provided by law, local exchange carriers shall release the originating telephone numbers of calls identified as harassing only to investigative or law enforcement officers, not to customers receiving call-tracing services. Local exchange carriers shall work with investigative or law enforcement officers to develop time frames for transmitting those originating telephone numbers to them.
Subp. 3. Duration of call-tracing services.
Local exchange carriers shall work with investigative or law enforcement officers to determine how long call-tracing services should be provided, both in general and in particular cases.
History
- Statutory Authority: MS s 237.069
- History: 19 SR 1518
Minn. R. 7813.0900 Call-Tracing Tariffs Required
Local exchange carriers shall file and maintain tariffs explaining the provision of call-tracing services, their standards for determining whether to grant or deny call-tracing requests not accompanied by requests from investigative or law enforcement officers, and their standards for determining the duration of call-tracing services.
History
- Statutory Authority: MS s 237.069
- History: 19 SR 1518
Minn. R. 7813.1000 Information on Dealing with Harassing Calls
Local exchange carriers shall include in their directories an explanation of how to request call-tracing services and the telephone number of a company representative who can provide further information.
History
- Statutory Authority: MS s 237.069
- History: 19 SR 1518
Minn. R. 7813.1100 Class Call Tracing
Subpart 1. Alternative to traditional technologies.
Local exchange carriers may respond to call-tracing requests by providing CLASS call-tracing services where that service is available and approved by the commission and will function as accurately as installing a trap and trace device.
Subp. 2. Express consent unnecessary.
A customer's decision to use CLASS call-tracing service to trace a specific call constitutes consent under this chapter. Written consent of the customer is not necessary for the customer to use CLASS call-tracing service.
History
- Statutory Authority: MS s 237.069
- History: 19 SR 1518
Chapter 7815 COMMUNITY CALLING PLANS
Minn. R. 7815.0100 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7815.0200 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7815.0300 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7815.0400 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7815.0500 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7815.0600 [Repealed, L 2004 c 261 art 3 s 1]
[Repealed, L 2004 c 261 art 3 s 1]
Minn. R. 7815.0700 [Repealed, L 1994 c 534 art 1 s 13]
[Repealed, L 1994 c 534 art 1 s 13]
Minn. R. 7815.0800 [Repealed, L 1994 c 534 art 1 s 13]
[Repealed, L 1994 c 534 art 1 s 13]
Minn. R. 7815.0900 [Repealed, L 1994 c 534 art 1 s 13]
[Repealed, L 1994 c 534 art 1 s 13]
Minn. R. 7815.1000 [Repealed, L 1994 c 534 art 1 s 13]
[Repealed, L 1994 c 534 art 1 s 13]
Minn. R. 7815.1100 [Repealed, L 1994 c 534 art 1 s 13]
[Repealed, L 1994 c 534 art 1 s 13]
Minn. R. 7815.1200 [Repealed, L 1994 c 534 art 1 s 13]
[Repealed, L 1994 c 534 art 1 s 13]
Minn. R. 7815.1300 [Repealed, L 1994 c 534 art 1 s 13]
[Repealed, L 1994 c 534 art 1 s 13]
Minn. R. 7815.1400 [Repealed, L 1994 c 534 art 1 s 13]
[Repealed, L 1994 c 534 art 1 s 13]
Minn. R. 7815.1500 [Repealed, L 1994 c 534 art 1 s 13]
[Repealed, L 1994 c 534 art 1 s 13]
Chapter 7817 TELEPHONE ASSISTANCE PLANS
Minn. R. 7817.0100 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given them in this part.
Subp. 2. Access line.
"Access line" means facilities owned by a local service provider furnished to permit switched access to the telecommunications network that extend from a central office to the demarcation point on the property where the subscriber is served. The term includes access lines provided to residential and business subscribers and includes centrex access lines on a trunk equivalent basis, but does not include private nonswitched or wide area telephone service access lines.
Subp. 3. Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subp. 3a.
[Repealed, 34 SR 818]
Subp. 4. Commissioner of public safety.
"Commissioner of public safety" means the commissioner of the Minnesota Department of Public Safety.
Subp. 5. Department of Commerce.
"Department of Commerce" means the Minnesota Department of Commerce.
Subp. 5a.
[Repealed, 34 SR 818]
Subp. 6. Federal matching plan.
"Federal matching plan" means any telephone service discount plan of the Federal Communications Commission, including the federal plan in Code of Federal Regulations, title 47, part 54, that waives the federal interstate access charge for eligible local telephone subscribers. This federal plan provides matching federal assistance to eligible households receiving assistance through a state telephone assistance plan.
Subp. 7. Household.
"Household" means all persons who occupy a housing unit.
Subp. 8.
[Repealed, 34 SR 818]
Subp. 9.
[Repealed, 34 SR 818]
Subp. 10. Local exchange service.
"Local exchange service" means telephone service provided within local exchange service areas in accordance with local service provider tariffs. It includes the use of exchange facilities required to establish connections between stations within the exchange and between stations and the toll facilities serving the exchange. It also includes extended area service that is interexchange calling for which a message toll charge is not assessed.
Subp. 10a. Local service provider.
"Local service provider" means a service provider of local exchange service.
Subp. 11. Permanent changes.
"Permanent changes" means changes in eligibility that are expected to continue for 12 months or more. These changes include increased income, change of residence, or death of the subscriber.
Subp. 12.
[Repealed, 34 SR 818]
Subp. 12a. Service order record change charge.
"Service order record change charge" means the fee that a local service provider charges to a subscriber for making a change in the subscriber's billing record for local service.
Subp. 13. Subscriber.
"Subscriber" means a person in whose name local exchange service is provided by a local service provider.
Subp. 13a. TAP enrollment charge.
"TAP enrollment charge" means the administrative cost to a local service provider of enrolling each new participant in the telephone assistance program as determined under part 7817.0300, subpart 5.
Subp. 14. Telephone assistance credits.
"Telephone assistance credits" means the credits applied to reduce the local telephone rates of residential households that qualify under the telephone assistance plan.
Subp. 14a. Telephone assistance fund.
"Telephone assistance fund" means a statewide surcharge revenue pool created by Laws 1988, chapter 621, section 16.
Subp. 15. Telephone assistance plan or TAP.
"Telephone assistance plan" or "TAP" means the plan required by Minnesota Statutes, sections 237.69 to 237.711, and set out in this chapter.
Subp. 16.
[Repealed, 34 SR 818]
History
- Statutory Authority: MS s 237.10; 237.69 to 237.711
- History: 12 SR 1256; 13 SR 2283; L 1990 c 567 s 10; 15 SR 2734; L 2001 1Sp4 art 6 s 1; 34 SR 818
Minn. R. 7817.0200 Purpose and Construction
The purpose of this chapter is to develop and implement a statewide telephone assistance plan to provide telephone assistance credits to reduce the local telephone rates of eligible residential households, to be jointly administered by the commission, the Department of Commerce, and the local service providers. The purpose of this chapter is also to permit the implementation of federal matching plans so that the state's local exchange service telephone customers are afforded the opportunity to acquire the benefits of these federal matching plans.
This chapter is to be liberally construed to further these purposes.
History
- Statutory Authority: MS s 237.10; 237.69 to 237.711
- History: 12 SR 1256; 13 SR 2283; 34 SR 818
Minn. R. 7817.0300 Funding
Subpart 1. Uniform statewide monthly surcharge.
The telephone assistance plan must be funded through the assessment of a uniform recurring monthly surcharge, not to exceed ten cents per access line, applicable to all classes and grades of access lines provided by each local service provider in the state. Each local service provider or the provider's billing agent shall combine surcharges for the telephone assistance plan, Telephone Access Minnesota, and Emergency 911 Service into one amount on billing statements sent to subscribers. The commission shall determine the level of the surcharge on an annual basis. The recalculated surcharge shall be effective on a date established by the commission.
Subp. 2. Collection of surcharge revenues.
A local service provider shall bill the surcharge and collect the surcharge revenues. At the time of reporting under part 7817.0900, subpart 3, item H, a local service provider shall notify the commission if a subscriber does not pay the surcharge.
Subp. 3. Use of surcharge revenues and fund.
A local service provider shall remit, under Minnesota Statutes, section 403.11, surcharge revenues to the commissioner of public safety for deposit in the telephone assistance fund. The commission shall use the money in the telephone assistance fund to:
A. reimburse the telephone assistance credits extended by a local service provider within 60 days of the deadline for filing the local service provider's report under part 7817.0900 or the date the report is filed, whichever occurs later;
B. reimburse the administrative expenses of the commission not to exceed the amount specified in Minnesota Statutes, section 237.701; and
C. reimburse a local service provider's administrative expenses in accordance with subpart 4.
Subp. 4. Reimbursing local service provider expenses.
The commission shall reimburse local service provider expenses as provided in items A to E.
A. The commission shall reimburse only with money in the telephone assistance fund.
B. The commission shall not reimburse the expenses of collecting the surcharge.
C. The commission shall not reimburse expenses under this subpart unless the local service provider has filed a report that complies with part 7817.0900. The commission shall reimburse the local service provider within 60 days after the deadline for filing its report under part 7817.0900 or the date the report is filed, whichever occurs later.
D. A local service provider with five or more new TAP participants enrolled during the reporting period for which reimbursement is sought must be reimbursed for expenses actually incurred and claimed up to an amount no greater than the number of new participants enrolled during the reporting period times one of the following:
E. A local service provider with fewer than five new TAP participants enrolled during the reporting period for which reimbursement is sought must be reimbursed for expenses actually incurred and claimed up to an amount no greater than five times one of the following:
Subp. 5. TAP enrollment charge.
A local service provider may petition the commission to establish a TAP enrollment charge for the provider, which may differ from the provider's service order record change charge. The TAP enrollment charge must be determined according to items A and B.
A. A provider's petition to establish a TAP enrollment charge must include financial and cost-study information adequate to support the provider's proposed TAP enrollment charge. The commission may accept, modify, or reject the provider's petition.
B. A TAP enrollment charge must be based exclusively on the cost of one or more of the following provider activities directly related to administering TAP:
Subp. 6.
[Repealed, 34 SR 818]
History
- Statutory Authority: MS s 237.10; 237.69 to 237.711
- History: 12 SR 1256; 13 SR 2283; 15 SR 2734; L 2001 1Sp4 art 6 s 1; 34 SR 818
Minn. R. 7817.0400 Eligibility for Telephone Assistance Credits
Subpart 1. Information provided.
Each local service provider shall annually mail a notice of the availability of the telephone assistance plan to each residential subscriber in a regular billing. If a subscriber has chosen to receive the regular billing other than through U.S. mail, the local service provider shall send the notice in a regular billing using the delivery method chosen by the subscriber for delivery of the regular billing. The notice must state the following: YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE PROGRAMS OR MEET CERTAIN INCOME LIMITS. FOR MORE INFORMATION OR AN APPLICATION FORM PLEASE CONTACT ................ On request, the local service provider shall mail to a person an application form developed by the commission and the Department of Commerce, and a brochure that describes the telephone assistance plan's eligibility requirements and application process.
Subp. 2. Application process.
On completing and signing the application certifying under penalty of perjury that the information provided by the applicant is true and that the statutory criteria for eligibility are satisfied, the applicant must return it to the local service provider for enrollment in the telephone assistance plan. An application may be made by the subscriber, the subscriber's spouse, or a person authorized by the subscriber to act on the subscriber's behalf.
Subp. 3.
[Repealed, 34 SR 818]
Subp. 4. Eligibility criteria.
To be eligible for a telephone assistance credit the applicant must:
A. be a subscriber who resides in Minnesota or has moved to Minnesota and intends to remain; and
B. be eligible for the federal Lifeline telephone service discount.
Subp. 5.
[Repealed, 34 SR 818]
Subp. 6.
[Repealed, 34 SR 818]
Subp. 7. Applicant and recipient responsibilities.
Each applicant and each recipient shall provide current information to the local service provider about permanent changes that affect the applicant's or recipient's eligibility.
Subp. 8. Local service provider responsibilities.
A. A local service provider shall begin providing telephone assistance credits to an applicant in the earliest possible billing cycle but not later than the second billing cycle following the submission of a completed application demonstrating eligibility. If certified, the local service provider shall notify the applicant by, for example, placing telephone assistance credits on the bill.
B. If an applicant is denied eligibility, the local service provider shall notify the applicant in writing of the reasons for the denial, of the right to appeal, and of the right to reapply.
Subp. 9.
[Repealed, 34 SR 818]
History
- Statutory Authority: MS s 237.10; 237.69 to 237.711
- History: 12 SR 1256; 13 SR 2283; L 2003 1Sp14 art 1 s 106; 34 SR 818
Minn. R. 7817.0500 Calculation of Credits
The commission shall establish the level of telephone assistance plan credits for each local service provider on an annual basis. The recalculated credit shall be effective on a date established by the commission. The credits must be calculated based on the following criteria:
A. the credits must not exceed the amount of credit available under the federal matching plan;
B. the credits must not exceed 50 percent of the weighted average of the local exchange rate charged for local exchange service provided to the household by that household's local service provider;
C. the credits must not exceed the level of credits that can actually be funded in accordance with the surcharge limitations in part 7817.0300; and
D. the level of credits must be uniform for each provider statewide.
History
- Statutory Authority: MS s 237.69 to 237.711
- History: 12 SR 1256; 34 SR 818
Minn. R. 7817.0600 Verification and Termination of Credits
Subpart 1. Verification.
Each local service provider shall verify the continued eligibility of its TAP recipients by using the same verification procedures that are used to verify a recipient's continued eligibility for the federal Lifeline plan. A provider that participates in both Lifeline and TAP is not required to conduct a separate verification process for TAP, but may conduct a single verification process using the Lifeline verification procedures.
Subp. 2. Termination of credits.
When a local service provider determines that a recipient is no longer eligible to receive TAP credits, the provider must send written notification to the recipient stating the reasons for finding the recipient ineligible and advising the recipient of the right to appeal. A local service provider may terminate credits if:
A. the recipient does not submit an appeal within 60 days of the date of the notice; or
B. the recipient submits an appeal and the commission determines that the recipient is not eligible.
History
- Statutory Authority: MS s 237.10; 237.69 to 237.711
- History: 12 SR 1256; 13 SR 2283; 34 SR 818
Minn. R. 7817.0700 Adjustment to Level of Surcharge and Credits
When it appears to the commission that the revenue generated by the maximum level of surcharge permitted under part 7817.0300 will be inadequate to fund a particular level of telephone assistance credits, the commission by official order and on 30 days' notice to the local service providers, shall reduce the credits to a level that can be adequately funded by the maximum level of surcharge. Similarly, the commission by official order and on 30 days' notice to the local service providers, may increase the level of the telephone assistance credits that are available or reduce the surcharge to a level and for a period of time that will prevent an unreasonable overcollection of surcharge revenues.
History
- Statutory Authority: MS s 237.69 to 237.711
- History: 12 SR 1256; 34 SR 818
Minn. R. 7817.0800 Federal Matching Plans
The telephone assistance plan must be combined with the existing federal matching plan. Local service providers shall participate in both plans, except that a provider that is not a designated "eligible telecommunications carrier," as defined by Code of Federal Regulations, title 47, part 54, is not required to participate in the federal Lifeline plan. If and when other federal matching plans are developed, the commission shall seek outside comment on those plans and review each plan and the comments submitted by interested persons. After appropriate proceedings, the commission shall determine whether to incorporate those plans into the telephone assistance plan and require telephone companies to participate.
History
- Statutory Authority: MS s 237.69 to 237.711
- History: 12 SR 1256; 34 SR 818
Minn. R. 7817.0900 Provider Recording, Reporting Requirements
Subpart 1. Records to be maintained.
A local service provider shall maintain adequate records of surcharge revenues, expenses, and credits related to the telephone assistance plan.
Subp. 2. Reporting requirements.
A local service provider shall file at its option either quarterly or monthly reports with the commission and the Department of Commerce for review. A local service provider with 100 or fewer subscribers may file an annual report under subpart 4 rather than filing quarterly or monthly reports. Quarterly reports are due no later than 30 days after the end of each quarter of a calendar year. Monthly reports are due no later than 30 days after the end of each calendar month. The reports must be made on a form prescribed by the commission.
Subp. 3. Contents of report.
The quarterly or monthly reports must list the following items for that reporting period and cumulatively for the year:
A. the surcharge revenues collected by the local service provider;
B. the number of access lines billed the surcharge;
C. itemized telephone assistance plan expenses incurred by the provider;
D. the amount of reimbursement requested from the telephone assistance fund;
E. the amount of reimbursement from the federal matching plan applied for or received;
F. the number of subscribers that received credits under the telephone assistance plan and the number of subscribers that were given waivers under the federal matching plan;
G. the monetary amount of credits extended by the local service provider under the telephone assistance plan and the monetary amount of waivers given under the federal matching plan; and
H. a list of the subscribers who did not pay the surcharge. These reports must be made on forms prescribed by the commission.
Subp. 4. Annual report.
No later than 30 days after the end of a calendar year, a local service provider shall file a year-end report with the commission and the Department of Commerce. A local service provider with 100 or fewer subscribers that files only an annual report must include the information required by subpart 3 in its annual report. Depending on the reporting option chosen under subpart 2, a cumulative year-end monthly or quarterly report provided under subpart 3 may serve as the annual report. This report must be a financial report and accounting for the local service provider's experience under the telephone assistance plan. The report must also be adequate to satisfy the reporting requirements of the federal matching plan.
History
- Statutory Authority: MS s 237.10; 237.69 to 237.711
- History: 12 SR 1256; 13 SR 2283; L 2001 1Sp4 art 6 s 1; 34 SR 818
Minn. R. 7817.1000 Appeals and Complaints
Subpart 1. Appeal of decision to deny or terminate credits.
An applicant or recipient has the right to appeal a local service provider's decision to deny or terminate credits. The appeal must be in writing and must be received by the commission or the provider within 60 days following the date of the notice denying or terminating credits. A local service provider, upon notice of an appeal, must not terminate credits while the appeal is pending. Appeal hearings must be conducted at a reasonable time, date, and place by the commission. An applicant or recipient may introduce evidence relevant to the issues on appeal. The decision must be based on evidence introduced at the hearing.
Subp. 2. Complaint procedure.
Complaints against the local service providers regarding the telephone assistance plan may be referred to the commission. Complaints against local service providers regarding the telephone assistance plan must be investigated by the Department of Commerce. The Department of Commerce shall report the status of its investigation to the commission within 45 days of receipt of the complaint.
History
- Statutory Authority: MS s 237.69 to 237.711
- History: 12 SR 1256; L 2001 1Sp4 art 6 s 1; 34 SR 818
Chapter 7819 PUBLIC RIGHTS-OF-WAY STANDARDS
Minn. R. 7819.0050 Applicability
With the exception of part 7819.1100, subparts 1 and 2, and the associated plates at parts 7819.9900 to 7819.9950, part 7819.1200, part 7819.5000, and part 7819.5100, this chapter applies to all local government units that have elected, pursuant to Minnesota Statutes, section 237.163, subdivision 2, to exercise the authority to manage their public rights-of-way under Minnesota Statutes, sections 237.162 and 237.163. Part 7819.1100, subparts 1 and 2 and the associated plates at parts 7819.9900 to 7819.9950, part 7819.1200, part 7819.5000, and part 7819.5100 apply whether or not the local government unit has elected to manage its public right-of-way under Minnesota Statutes, sections 237.162 and 237.163. Part 7819.1200 is not applicable to a local government unit that has adopted an ordinance requiring a right-of-way user to obtain a permit or to provide a notice for certain types of work in lieu of a permit.
This chapter applies to all right-of-way users as defined in part 7819.0100, subpart 21.
For right-of-way users subject to the franchising authority of a local government unit, to the extent that rights, duties, and obligations regarding the use of the public right-of-way are addressed in the terms of any applicable franchise agreement, the terms of the franchise prevail over any conflicting provisions in this chapter.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.0100 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given in this part.
Subp. 2. Abandoned facility.
"Abandoned facility" means a facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user.
The definition of abandoned facility in this chapter is not meant to affect the treatment of the term abandoned facility under any other rules.
Subp. 3. City.
"City" means a statutory or home rule charter city.
Subp. 4. Commission.
"Commission" means the state Public Utilities Commission.
Subp. 5. Congested right-of-way.
"Congested right-of-way" means a crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes, section 216D.04, subdivision 3, over a continuous length in excess of 500 feet.
Subp. 6. Construction performance bond.
"Construction performance bond," as referenced in Minnesota Statutes, section 237.162, subdivision 8, clause (2), means any of the following forms of security provided at the permittee's option:
A. individual project bond;
B. cash deposit;
C. security of a form listed or approved under Minnesota Statutes, section 15.73, subdivision 3;
D. letter of credit, in a form acceptable to the local government unit;
E. self-insurance, in a form acceptable to the local government unit; and
F. a blanket bond for projects within the local government unit, or other form of construction bond, for a time specified and in a form acceptable to the local government unit.
Subp. 7. Degradation cost.
"Degradation cost" means the cost to achieve a level of restoration as determined by the local government unit at the time the permit is issued, not to exceed the maximum restoration shown in plates 1 to 13, which are set forth in parts 7819.9900 to 7819.9950.
Subp. 8. Degradation fee.
"Degradation fee" means the estimated fee established at the time of permitting by the local government unit to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost.
Subp. 9. Facility.
"Facility" means any tangible asset in the public right-of-way required to provide utility service.
Subp. 10. Five-year project plan.
"Five-year project plan" shows projects adopted by the local government unit for construction within the next five years.
Subp. 11. High-density corridor.
"High-density corridor" means a designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure.
Subp. 12. Hole.
"Hole" means an excavation in the pavement, with the excavation having a length less than the width of the pavement.
Subp. 13. Local government unit.
"Local government unit" has the meaning given it in Minnesota Statutes, section 237.162.
Subp. 14. Patch.
"Patch" means a method of pavement replacement that is temporary in nature. A patch consists of: (1) the compaction of the subbase and aggregate base, and (2) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the local government unit's five-year project plan.
Subp. 15. Pavement.
"Pavement" means any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel.
Subp. 16. Permit.
"Permit" has the meaning given "right-of-way permit" in Minnesota Statutes, section 237.162.
Subp. 17. Permittee.
"Permittee" means a person to whom a permit to excavate or obstruct a right-of-way has been granted by a local government unit under this chapter.
Subp. 18. Person.
"Person" means an individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. Examples include:
A. a business or commercial enterprise organized as any type or combination of corporation, limited liability company, partnership, limited liability partnership, proprietorship, association, cooperative, joint venture, carrier or utility, and any successor or assignee of any of them;
B. a social or charitable organization; and
C. any type or combination of political subdivision, which includes the executive, judicial, or legislative branch of the state, a local government unit, or a combination of any of them.
Subp. 19. Public right-of-way.
"Public right-of-way" has the meaning given it in Minnesota Statutes, section 237.162.
Subp. 20. Restoration.
"Restoration" means the process by which an excavated public right-of-way and surrounding area, including pavement and foundation, is returned to the same condition that existed before excavation.
Subp. 21. Right-of-way user.
"Right-of-way user" means: (1) a telecommunications right-of-way user as defined by Minnesota Statutes, section 237.162, subdivision 4; or (2) a person owning or controlling a facility in the public right-of-way that is used or is intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of-way.
Subp. 22. Temporary surface.
"Temporary surface" means the compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the local government unit's two-year project plan, in which case it is considered full restoration.
Subp. 23. Trench.
"Trench" means an excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement.
Subp. 24. Two-year project plan.
"Two-year project plan" shows projects adopted by the local government unit for construction within the next two years.
Subp. 25. Utility service.
"Utility service" includes: (1) services provided by a public utility as defined in Minnesota Statutes, section 216B.02, subdivisions 4 and 6; (2) services of a telecommunications right-of-way user, including the transporting of voice or data information; (3) services provided by a cable communications system as defined in Minnesota Statutes, chapter 238; (4) natural gas or electric energy or telecommunications services provided by a local government unit; (5) services provided by a cooperative electric association organized under Minnesota Statutes, chapter 308A; and (6) water, sewer, steam, cooling, or heating services.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.0200 High-Density Corridor
An ordinance establishing the procedure for installing a high-density corridor must conform to the following standards:
A. The ordinance must provide for competitive neutrality among telecommunications right-of-way users.
B. The local government unit's procedure to establish the high-density corridor must include the following elements:
C. Existing telecommunications facilities shall not be relocated to the high-density corridor, unless required pursuant to part 7819.3100.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.1000 Fees and Penalties
Subpart 1. Permit fee.
A local government unit that requires a permit for excavation in or obstruction of the public right-of-way shall make its permit fee schedule available to the public. The permit fee schedule must be established in advance and designed to recover the local government unit's actual costs incurred in managing the public right-of-way.
Subp. 2. Allocation of permit fees.
Permit fees must be based on an allocation among all users of the public right-of-way, which shall include the local government unit itself, so as to reflect the proportionate costs imposed on the local government unit by each of the various types of users of the public rights-of-way. Although the local government unit must be allocated its proportionate share of permit fees, the local government unit need not transfer funds to pay permit fees.
Permit fees must be allocated in a competitively neutral manner and must be imposed in a manner so that aboveground uses of public rights-of-way do not bear costs incurred by the local government unit to regulate underground uses of public rights-of-way.
Subp. 3. Delay penalty.
A local government unit may establish and impose a reasonable penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or restoration. The delay penalty must be established from time to time by resolution of the local government unit's governing body. A delay penalty must not be imposed if the delay in project completion is due to circumstances beyond the control of the applicant, including without limitation inclement weather, acts of God, or civil strife.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.1100 Restoration of Right-of-Way
Subpart 1. Restoration standards.
Restoration must return the right-of-way to the same condition that existed before excavation. Subject to this standard, plates 1 to 13, shown in parts 7819.9900 to 7819.9950, indicate maximum limits of restoration methods and area requirements the local government unit can impose when a right-of-way user excavates in the public right-of-way. The local government unit and right-of-way user may agree to a lesser requirement.
The right-of-way user is responsible for all of its work done in the public right-of-way, whether by employees, agents, or independent contractors.
Subp. 2. Levels of restoration.
All levels of restoration include compaction of the materials placed in the excavation of the subgrade and aggregate base, plus pavement replacement, in kind. If required by the local government unit, all work must be performed according to the local government unit's specifications and drawings.
Subp. 3. Degradation fee.
A right-of-way user may elect to pay a degradation fee in lieu of restoration. However, the right-of-way user shall remain responsible for replacing and compacting the subgrade and aggregate base material in the excavation and the degradation fee must not include the cost to accomplish these responsibilities.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.1200 Notice
Subpart 1. Requirement.
Except in the case of an emergency, before initiating excavation in a public right-of-way, obstruction of a public right-of-way for more than two hours, or obstruction of more than one lane of traffic, the right-of-way user shall notify the local government unit in writing. The information in the notice must include the name, address, and telephone number of the right-of-way user and any contractors involved in the excavation; the anticipated start and completion dates; the typical depth of the lines; and the general location of the work.
Subp. 2. Waiver.
The local government unit may waive all or any portion of the requirements of subpart 1. A waiver of the notice requirement must be renewed on an annual basis, unless a different waiver period is agreed to by the local government unit.
Subp. 3. Applicability.
This part is not applicable to a local government unit that has adopted an ordinance requiring a right-of-way user to obtain a permit or to provide a notice for certain types of work in lieu of a permit.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.1250 Indemnification
Subpart 1. Authority, generally.
As a condition for issuing a permit for work on a public right-of-way, a local government unit may require the permittee to indemnify the local government unit against liability claims. The local government unit may require indemnification when a permit authorizes a permittee to obstruct or excavate on or within a public right-of-way to install, maintain, or repair the permittee's facilities.
Subp. 2. Claims indemnified.
The local government unit may require the permittee to defend, indemnify, and hold harmless the local government unit from all liability or claims of liability for bodily injury or death to persons, or for property damage, in which the claim:
A. alleges a negligent or otherwise wrongful act or omission of the permittee or its employee, agent, or independent contractor in installing, maintaining, or repairing the permittee's facilities; and alleges that the local government unit is liable, without alleging any independent negligent, or otherwise wrongful, act or omission on the part of the local government unit; or
B. is based on the local government unit's negligent or otherwise wrongful act or omission in issuing the permit or in failing to properly or adequately inspect or enforce compliance with a term, condition, or purpose of the permit granted to the permittee.
Subp. 3. Claims not indemnified.
A permittee is not required to indemnify a local government unit for losses or claims occasioned by the negligent or otherwise wrongful act or omission of the local government unit, except:
A. to the extent authorized in subpart 2 regarding the issuance of a permit or the inspection or enforcement of compliance with the permit; or
B. when otherwise provided in an applicable franchise agreement.
Subp. 4. Remedy is additional; subrogation.
A defense or indemnification of a local government unit by a permittee is deemed not to be a waiver of any defense or immunity otherwise available to the local government unit.
A permittee, in defending any action on behalf of the local government unit, is entitled to assert every defense or immunity that the local government unit could assert in its own behalf.
Subp. 5. Local government unit's authorization to proceed.
A local government unit's authorization to proceed with excavation or obstruction in the right-of-way pursuant to notice under part 7819.1200 is deemed a permit for the purpose of this part.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.1300 Completion Certificate
Subpart 1. Requirement.
If required by the local government unit as part of its permit process, a person designated by the right-of-way user as a responsible employee shall sign a completion certificate showing the completion date for the work performed, identifying the installer and designer of record, and certifying that work was completed according to the requirements of the local government unit.
Subp. 2. "As built" drawings.
If required by the local government unit as part of its permit process and if necessary due to changes from the work as projected when the permit was applied for, the permittee shall submit "as built" drawings or maps within six months of completing the work, showing any deviations from the plan that are greater than plus or minus two feet.
Subp. 3. Response.
The local government unit shall respond within 30 days of receipt of the completion certificate. Failure to approve or disapprove the permittee's performance within 30 days is deemed to be approval by the local government unit.
Subp. 4. Obligation.
Construction triggers an obligation of the right-of-way user that the right-of-way restoration be completed according to the conditions in part 7819.1100. The right-of-way user also assumes responsibility for "as built" drawings and for repairing facilities or structures, including right-of-way that was damaged during facility installation. The obligation is limited to one year for plantings and turf establishment.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.3000 Construction Performance Bond
Subpart 1. Authority to require performance bond.
At the time of application for an excavation permit, the local government unit may require a right-of-way user who elects to restore the right-of-way to post a construction performance bond, as defined in part 7819.0100, subpart 6.
A local government unit does not need to provide a construction performance bond to ensure the restoration of streets following its own excavation.
Subp. 2. Amount.
The security provided by a construction performance bond must cover an amount reasonably estimated to restore the right-of-way to the condition that existed before the excavation, and may also include reasonable, directly related costs that the local government unit estimates will be incurred if the right-of-way user fails to perform under the bond. Litigation costs and attorney fees are not direct costs to be included in calculating the amount of the bond.
Subp. 3. Term.
If, 24 months after completion of the restoration of the right-of-way, the representative of the local government unit determines that the right-of-way has been properly restored, the surety on the construction performance bond must be released.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.3100 Relocation of Existing Facilities
Subpart 1. Requirement.
A right-of-way user shall promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the right-of-way when it is necessary to prevent interference, and not merely for convenience of the local government unit, in connection with: (1) a present or future local government use of the right-of-way for a public project; (2) the public health or safety; or (3) the safety and convenience of travel over the right-of-way.
Subp. 2. Exception.
Notwithstanding subpart 1, a right-of-way user is not required to remove or relocate its facilities from a right-of-way that has been vacated in favor of a nongovernmental entity unless and until the reasonable costs to do so are first paid to the right-of-way user.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.3200 Right-of-Way Vacation
Subpart 1. Reservation of right.
If the local government unit vacates a right-of-way that contains the facilities of a right-of-way user and the right-of-way vacation does not require the relocation of the right-of-way user's facilities, the local government unit shall, except when it would not be in the public interest, reserve to and for itself and all right-of-way users having facilities in the vacated right-of-way, the right to install, maintain, and operate facilities in the vacated right-of-way and to enter upon the right-of-way at any time to reconstruct, inspect, maintain, or repair the facilities.
Subp. 2. Relocation of facilities.
If the local government unit vacates a right-of-way that contains the facilities of a right-of-way user and the right-of-way vacation requires the relocation of the right-of-way user's facilities, payment of the relocation costs must be determined as follows: (1) if the vacation proceedings are initiated by the right-of-way user, the right-of-way user must pay the relocation costs; (2) if the vacation proceedings are initiated by the local government unit for a public project, the right-of-way user must pay the relocation costs unless otherwise agreed to by the local government unit and the right-of-way user; or (3) if the vacation proceedings are initiated for the purpose of benefiting a person other than the right-of-way user, the benefited person must pay the relocation costs.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.3300 Abandoned Facilities
A right-of-way user shall notify the local government unit when facilities are to be abandoned. A right-of-way user that has abandoned facilities in a right-of-way shall remove them from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless this requirement is waived by the local government unit.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.4000 Authority; Purpose
In managing the use of its public rights-of-way, a local government unit may establish, develop, and implement a right-of-way mapping system according to this part and part 7819.4100. The purpose of a mapping system is to:
A. allow flexibility in its use by the local government unit as an effective management tool;
B. enhance public safety and user facility safety;
C. provide for long-term cost savings;
D. improve public right-of-way design quality; and
E. allow for better information collection and cooperative usage among local government units, telecommunications companies, and other users of the public right-of-way.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.4100 Required Mapping Information
Subpart 1. Application required.
When a local government unit requires a permit for excavation in or obstruction of its public right-of-way, a person wishing to undertake a project within the public right-of-way shall submit a right-of-way permit application, which may require the filing of mapping information pursuant to subpart 2.
Subp. 2. Information.
The local government unit may require as part of its permit application the filing of all the following information:
A. location and approximate depth of applicant's mains, cables, conduits, switches, and related equipment and facilities, with the location based on:
B. the type and size of the utility facility;
C. a description showing aboveground appurtenances;
D. a legend explaining symbols, characters, abbreviations, scale, and other data shown on the map; and
E. any facilities to be abandoned, if applicable, in conformance with Minnesota Statutes, section 216D.04, subdivision 3.
Subp. 3. Changes and corrections.
The application must provide that the applicant agrees to submit "as built" drawings, reflecting any changes and variations from the information provided under subpart 2, items A to E.
Subp. 4. Additional construction information.
In addition, the right-of-way user shall submit to the local government unit at the time the project is completed a completion certificate according to part 7819.1300.
Subp. 5. Manner of conveying permit data.
A right-of-way user is not required to provide or convey mapping information or data in a format or manner that is different from what is currently utilized and maintained by that user. A permit application fee may include the cost to convert the data furnished by the right-of-way user to a format currently in use by the local unit of government. These data conversion costs, unlike other costs that make up permit fees, may be included in the permit fee after the permit application process.
Subp. 6. Data on existing facilities.
At the request of a local government unit, a right-of-way user shall provide existing data on its existing facilities within the public right-of-way in the form maintained by the user at the time the request was made, if available.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.5000 Installation of Telecommunications Facility
Subpart 1. Requirements.
The following requirements pertain to telecommunications facility installation in a public right-of-way.
A. During plowing or trenching of a facility, a warning tape must be placed at a depth of 12 to 18 inches above copper cables with over 200 pairs and above each fiber facility.
B. A directional bore facility within the limits of a city must be placed in conduit below a concrete- or bituminous-paved road surface or in conduit or armored cable in other locations. The conduit or armored cable must be of a type determined by the telecommunications right-of-way user. The city may waive this provision if the right-of-way user agrees to additional marking of the facility. This provision does not apply to residential connections.
C. A buried telecommunications facility must have a locating wire or conductive shield, except for dielectric cables.
D. Unless the local government unit directs that no location markers be placed, a location marker must be placed at least every 1,300 feet, as well as at road crossings and at culverts. For areas outside of cities, unless the local government unit directs that no location markers be placed, the markers must be placed at least every 1,300 feet or within line of sight whichever is less, as well as at road crossings and at culverts.
E. A buried fiber facility installed within the limits of a city must be placed in conduit of a type determined by the telecommunications right-of-way user, unless this requirement is specifically waived by the city. A buried fiber facility beyond city limits must be placed by the telecommunications right-of-way user, in its discretion, using industry-acceptable standards.
F. A buried fiber facility, conditions permitting, must be placed at a minimum depth of 36 inches below the surface and at a maximum depth of 48 inches, unless otherwise altered by the local government unit on a case-by-case basis.
G. In a city, urban town, urban county, or urban service area, conditions permitting, a copper facility buried below a concrete- or bituminous-paved road surface must be placed at a minimum depth of 36 inches below the road surface and a maximum of 48 inches, unless otherwise altered by the local government unit on a case-by-case basis. Any other copper facility in a city, urban town, urban county, or urban service area must be placed at a minimum depth of 30 inches below the surface and at a maximum depth of 48 inches, unless otherwise altered by the local government unit on a case-by-case basis.
H. A copper facility in a public right-of-way not covered in item G, conditions permitting, must be placed at a minimum depth of 30 inches below the surface and at a maximum depth of 48 inches, unless otherwise altered by the local government unit on a case-by-case basis.
I. The placing of any telecommunications facility must comply with the National Electric Safety Code, as incorporated by reference in Minnesota Statutes, section 326B.35.
J. For purposes of this part:
Subp. 2. Locating, marking, or exposing facility.
If a telecommunications facility owner is unable to locate its underground facility as required under Minnesota Statutes, section 216D.04, it must expose the facility so that it can be located.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004; L 2007 c 140 art 5 s 32; art 13 s 4
Minn. R. 7819.5100 Construction and Location Requirements
Subpart 1. Installation requirements for telecommunications facility.
The installation of a telecommunications facility in the right-of-way must be done in conformance with part 7819.5000.
Subp. 2. Installation requirements for gas or electric facility.
The installation requirements for an electric facility must comply with the construction standards established by the National Electrical Safety Code as directed by the Minnesota Electrical Act, Minnesota Statutes, sections 326.241 to 326.448, or any superseding authority. The installation requirements for a gas facility must comply with the construction standards established by Code of Federal Regulations, title 47, parts 191, 192, 193, and 199, as directed by Minnesota Statutes, section 299F.57, or any superseding legal authority.
Subp. 3. Location of facility.
Placement of a facility in a particular location within the right-of-way must take into account the current and anticipated uses of the right-of-way and the distinct engineering, construction, operation, and maintenance characteristics of each type of use.
Subp. 4. Access to nontraveled portion of right-of-way.
A local government unit shall not unreasonably prohibit the placement of a facility in the nontraveled portion of the right-of-way. The traveled portion of the right-of-way includes the shoulder of the road or highway.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.9900 Utility Trench Restoration; Plates 1 and 2
Subpart 1. Plate 1.
Subp. 2. Plate 2.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.9905 Utility Trench Restoration; Plates 3 and 4
Subpart 1. Plate 3.
Subp. 2. Plate 4.
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.9910 Utility Trench Restoration; Plate 5
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.9915 Utility Trench Restoration; Plate 6
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.9920 Utility Hole Restoration; Plate 7
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.9925 Utility Hole Restoration; Plate 8
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.9930 Utility Hole Restoration; Plate 9
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.9935 Utility Hole Restoration; Plate 10
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.9940 Typical Road Plan; Plate 11
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.9945 Typical Road Restoration; Plate 12
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Minn. R. 7819.9950 Typical Road Shoulder Restoration; Plate 13
History
- Statutory Authority: MS s 237.163
- History: 23 SR 2004
Chapter 7820 UTILITY CUSTOMER SERVICE
Minn. R. 7820.0200 Customer Information
The utility is responsible for informing its customers of the following information as prescribed by the following provisions:
A. A sign or notice, which shall be approved by the commission, posted prominently and conspicuously at all utility office locations open to the general public. The sign or notice shall state where, when, and to whom a compliant is to be directed, and the address of the Public Utilities Commission and its availability for mediation upon written request.
B. The utility shall, at its expense, publish customer information, that will be offered to each new customer, and upon request, to any existing customer. This customer information must be submitted to the commission for approval. This customer information must, at a minimum, include the following:
C. The utility's billing statements to its customers must contain this information:
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.0300 Complaint Procedures
The utility shall establish such procedures whereby qualified personnel shall be available during regular business hours to receive and, if possible, resolve all customer inquiries, requests, and complaints.
If any complaint cannot be promptly resolved, the utility shall contact the customer within five business days and at least once every 14 calendar days thereafter, and advise the customer regarding the status of its investigation until: the complaint is mutually resolved; or the utility advises the customer of the results of its investigation and final disposition of the matter; or the customer files a written complaint with the Public Utilities Commission or the courts.
When the Public Utilities Commission forwards a customer complaint to the utility, the utility shall notify the commission within ten business days regarding the status or disposition of the complaint.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.0400 Complaint Records
Each utility shall keep a record of complaints received by it from its customers which shall be classified as directed by the Public Utilities Commission. The record shall show the name and address of the complainant, the date and nature of the complaint, and its disposition and the date thereof. The utility shall keep records of customer complaints in such a manner that will enable it to review and analyze its procedures and actions.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.0500 Reporting Requirement
Each utility shall file an annual report on or before May 1 with the Public Utilities Commission containing the following information:
A. The total numbers of resolved and unresolved complaints by class of service and type of complaint.
B. The total number of customers in each class of service and the total number of customers who initiated service during the past year.
C. The names, addresses, and telephone numbers of personnel designated and authorized to receive and respond to the requests and directives of the Public Utilities Commission regarding customer inquiries, service requests, and complaints. The utility shall keep this information current and if changes occur, the utility must inform the commission immediately of these changes. This report will be an official document and all information must be verifiable and available for inspection and investigation by commission staff. The utility must provide, upon notice by the commission, an up-to-date report of this type prior to any hearing before the commission, or upon any official request of the commission. The commission shall initially mail copies of the type of form to be used for this report to all utilities regulated hereunder.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.0600 Inspection
The utility shall permit authorized Public Utilities Commission staff to inspect, during regular business hours, all of the utility's operations and records relating to customer service.
History
- Statutory Authority: MS s 216B.12
Minn. R. 7820.0700 Definitions
Subpart 1. Customer.
"Customer" means any person, firm, association or corporation, or any agency of the federal, state, or local government, being supplied with service by a utility, subject to the jurisdiction of this commission.
Subp. 2. Disconnection of service.
"Disconnection of service" means an involuntary cessation of utility service to a customer.
Subp. 3. Temporary disconnection.
"Temporary disconnection" means a voluntary cessation of utility service and applies specifically to part 7820.1200. This is not a permanent termination of service.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.0800 Extension of Service
No electric utility shall extend service beyond its service area to customers who require a connected load less than 2,000 kilowatts. Extension of service outside of a utility's service area shall in all cases be governed by Minnesota Statutes, sections 216B.39 to 216B.42, 216B.43, and 216B.44.
Extension of any electric service outside of a utility's service area, but which does not extend into another utility's service area, shall be as directed by the commission.
Each utility shall file a plan in its tariff application for the installation of extensions to main and service lines where such facilities are in excess of those included in the regular rates for service and for which the customer shall be required to pay all or part of the costs.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.0900 Temporary Service
A customer taking temporary service shall pay the regular rates applicable to the class of service rendered. The rates charged shall provide a reasonable rate of return for the utility.
When a utility renders a temporary service to a customer, it may require that the customer bear the cost of installing and removing the service in excess of any salvage realized.
The utility may require the customer to make an advance payment sufficient to cover the estimated cost of service as is used above.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.1000 Permissible Service Disconnection with Notice
With notice a utility may disconnect service to any customer for any reason stated below. Notice must comply with the requirements of part 7820.2400:
A. for failure of the customer to pay a bill for utility service, but only when the amount of the customer's outstanding bill equals or exceeds the amount of the customer's deposit;
B. for failure of the customer to meet the utility's deposit and credit requirements;
C. for failure of the customer to make proper application for service;
D. for customer's violation of any of the utility's rules on file with the commission;
E. for failure of the customer to provide the utility reasonable access to its equipment and property;
F. for customer's breach of the contract for service between the utility and the customer;
G. for failure of the customer to furnish such service, equipment, and/or rights-of-way necessary to serve the customer as shall have been specified by the utility as a condition of obtaining service;
H. when determined by the commission as prescribed by relevant state or other applicable standards or after individual hearing upon application of any person that customer is willfully wasting service through improper equipment; or
I. when necessary for the utility to comply with any order or request of any governmental authority having jurisdiction.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.1100 Permissible Service Disconnection Without Notice
Without notice a utility may disconnect service to any customer for any reason stated below:
A. in the event of an unauthorized use of or tampering with the utility's equipment; or
B. in the event of a condition determined to be hazardous to the customer, to other customers of the utility, to the utility's equipment, or to the public.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.1200 Temporary Disconnection of Service
A utility may temporarily disconnect service to a customer otherwise entitled to disconnect service, upon written request by said customer. Temporary disconnection of service for this reason does not require refund of deposit nor interruption of interest.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.1300 Nonpermissible Reasons to Disconnect Service
A utility may not disconnect service to any customer for any reason stated below:
A. delinquency in payment for services rendered to a previous customer who occupied the premises unless the customer continues to occupy the premises;
B. failure to pay for merchandise, appliances, or services not approved by the commission as an integral part of the utility service;
C. failure to pay for a different class of service;
D. failure to pay for a bill based on concurrent charges from another meter; or
E. failure to pay for a bill to correct a previous underbilling due to an inaccurate meter or billing error if the customer agrees to payment over a reasonable period of time.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.1400 Landlord-Tenant Rule
In situations where the service is rendered at an address different from the mailing address of the bill, or where the utility has reason to know that a landlord-tenant relationship exists and that the landlord is the customer of the utility; and where the landlord as customer would otherwise be subject to disconnection of service; the utility may not disconnect service until the following actions have been taken:
A. Where it is feasible to so provide service the utility, after providing notice as required in these rules, shall offer the occupant the opportunity to subscribe for service in the occupant's own name. If the occupant then declines to so subscribe, the utility may disconnect service pursuant to the rules.
B. A utility shall not attempt to recover from a tenant, or condition service to a tenant with the payment of any outstanding bills or other charges due upon the outstanding account of the landlord.
History
- Statutory Authority: MS s 216B.08; 216B.09
- History: 17 SR 1279
Minn. R. 7820.1500 [Repealed, L 2007 c 57 art 2 s 42]
[Repealed, L 2007 c 57 art 2 s 42]
Minn. R. 7820.1600 Repealed by subpart
Subpart 1.
[Repealed, L 2007 c 57 art 2 s 42]
Subp. 1a.
[Repealed, L 2007 c 57 art 2 s 42]
Subp. 2.
[Repealed, L 2007 c 57 art 2 s 42]
Subp. 2a.
[Repealed, 26 SR 668]
Subp. 2b.
[Renumbered Subp. 2f]
Subp. 2c.
[Renumbered Subp. 2g]
Subp. 2d.
[Renumbered Subp. 2h]
Subp. 2e.
[Repealed, L 2007 c 57 art 2 s 42]
Subp. 2f.
[Repealed, L 2007 c 57 art 2 s 42]
Subp. 2g.
[Repealed, L 2007 c 57 art 2 s 42]
Subp. 2h.
[Repealed, L 2007 c 57 art 2 s 42]
Subp. 3.
[Repealed, L 2007 c 57 art 2 s 42]
Subp. 3a.
[Repealed, 26 SR 668]
Subp. 4.
[Repealed, L 2007 c 57 art 2 s 42]
Subp. 4a.
[Repealed, L 2007 c 57 art 2 s 42]
Subp. 4b.
[Repealed, L 2007 c 57 art 2 s 42]
Subp. 5.
[Repealed, L 2007 c 57 art 2 s 42]
Subp. 5a.
[Repealed, L 2007 c 57 art 2 s 42]
Subp. 6.
[Repealed, L 2007 c 57 art 2 s 42]
Subp. 6a.
[Repealed, L 2007 c 57 art 2 s 42]
Subp. 7.
[Repealed, L 2007 c 57 art 2 s 42]
Minn. R. 7820.1700 [Repealed, L 2007 c 57 art 2 s 42]
[Repealed, L 2007 c 57 art 2 s 42]
Minn. R. 7820.1750 [Repealed, L 2007 c 57 art 2 s 42]
[Repealed, L 2007 c 57 art 2 s 42]
Minn. R. 7820.1800 [Repealed, L 2007 c 57 art 2 s 42]
[Repealed, L 2007 c 57 art 2 s 42]
Minn. R. 7820.1900 [Repealed, L 2007 c 57 art 2 s 42]
[Repealed, L 2007 c 57 art 2 s 42]
Minn. R. 7820.2000 [Repealed, L 2007 c 57 art 2 s 42]
[Repealed, L 2007 c 57 art 2 s 42]
Minn. R. 7820.2010 [Repealed, 26 SR 668]
[Repealed, 26 SR 668]
Minn. R. 7820.2100 [Repealed, L 2007 c 57 art 2 s 42]
[Repealed, L 2007 c 57 art 2 s 42]
Minn. R. 7820.2150 [Repealed, L 2007 c 57 art 2 s 42]
[Repealed, L 2007 c 57 art 2 s 42]
Minn. R. 7820.2200 [Repealed, L 2007 c 57 art 2 s 42]
[Repealed, L 2007 c 57 art 2 s 42]
Minn. R. 7820.2300 [Repealed, L 2007 c 57 art 2 s 42]
[Repealed, L 2007 c 57 art 2 s 42]
Minn. R. 7820.2400 Notice Requirements
Where required by this chapter, notice of impending action by the utility shall be by first class mail. Notice shall be sent to the address where service is rendered and to the address where the bill is sent if different from the address where service is rendered. A representative of the utility must make an affidavit under oath that the representative deposited in the mail the notice properly addressed to the customer. In lieu of mailing, notices may be delivered by a representative of the utility. Such notices must be in writing and receipt of them must be signed by the customer, if present, or some other member of the customer's family of a responsible age or the utility representative must make an affidavit under oath that the representative delivered the notice to the customer or the customer's residence. A record of all notices and all affidavits required by this chapter must be kept on file by the utility and must be made available to the commission. Disconnection notices shall contain the date on or after which disconnection will occur, reason for disconnection, and methods of avoiding disconnection in normal, easy-to-understand language.
All notice required by this chapter must precede the action to be taken by at least five days excluding Sundays and legal holidays. No notice may be given until the condition of which it informs, presently exists.
History
- Statutory Authority: MS s 216B.08; 216B.09
- History: 17 SR 1279
Minn. R. 7820.2500 Manner of Disconnection
Service may be disconnected only in conjunction with a personal visit by a representative of the utility to the address where the service is rendered and an attempt to make personal contact with the customer at the address. If the address is a building containing two or more dwelling units, the representative shall make a personal visit to the door of the customer's dwelling unit within the building. If security provisions in the building preclude free access on the part of the representative, the representative shall attempt to gain access to the building from the caretaker, for the purpose of attempting to make personal contact with the customer. The representative of the utility shall at all times be capable of receiving payment, if nonpayment is the cause of the disconnection of service, or the representative shall be able to certify that the cause of disconnection has been remedied by the customer.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.2600 Reconnection of Service
In the event service has been disconnected for valid cause by the utility, the utility may charge a reconnect fee based on the cost of reconnection as stated in the utility's tariff on file with the commission. Notwithstanding the above provision, the utility shall not charge a reconnect fee for disconnection of service pursuant to part 7820.1100, item B.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.2700 Disputes
Whenever the customer advises the utility's designated representative prior to the disconnection of service that any part of the billing as rendered or any part of the service is in dispute, the utility shall investigate the dispute promptly, advise customer of investigation and its result, attempt to resolve dispute, and withhold disconnection of service until the investigation is completed and the customer is informed of the findings in writing.
Upon the findings of the utility, the customer must submit payment in full of any bill which is due. If the dispute is not resolved to the satisfaction of the customer, the customer must submit the entire payment and may designate the disputed portion to be placed in escrow to the utility. Such payment shall be called an escrow payment.
History
- Statutory Authority: MS s 216B.08; 216B.09
- History: 17 SR 1279
Minn. R. 7820.2800 Escrow Payments for Disputes
To submit a payment in escrow, the customer shall make payment of the amount due as shown on the bill through an escrow payment form, clearly marked and provided by the utility.
The escrow payment form must provide space for the customer to explain why the utility's resolution of the dispute is unsatisfactory to the customer. The form must be in three copies, one of which will be retained by the customer. A copy of the escrow payment form must be forwarded by the customer to the Public Utilities Commission. Any escrow payment to the utility may be applied by the utility as any normal payment received by the utility. After escrow payment has been made, the customer and the utility may still resolve the dispute to their mutual satisfaction.
By submitting the escrow payment form to the commission, the customer is deemed to have filed an informal complaint against the utility, pursuant to the commission's rules of practice, parts 7829.0100 to 7829.3200. Upon settlement of the dispute, any sum to which the customer is found to be entitled must be refunded to the customer and must be supplemented by an eight percent per annum interest charge from the date of payment to the date of return by the utility.
History
- Statutory Authority: MS s 216B.08; 216B.09
- History: 26 SR 1438
Minn. R. 7820.2900 Waiving Right to Disconnect; Emergency Status
The customer may apply to the utility to waive its right to disconnect. If the utility refuses to waive its right to disconnect, the customer may apply to the commission for emergency status. If the commission determines the customer has a probable claim in the dispute and that hardship may result in the event of disconnection of service, it may declare an emergency status to exist and order the utility to continue service for a period not to exceed 30 days.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.3000 When No Duty to Restore Service
Notwithstanding anything herein to the contrary, the utility shall not be obligated to suspend discontinuance of service upon the filing for review with the commission, unless the customer shall pay, when due, all current bills rendered during the pendency. If, following the first filing for review with the commission, the same customer or any other person files for any subsequent review by the commission pertaining to the same account, such subsequent filings shall not relieve the customer from the obligations to pay for service rendered after the first filing. If subsequent requests for review are filed during the pendency of the first review, all designated disputed payment or portions thereof made after the first filing shall be considered to be made into escrow.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.3100 Uniform Access to Customer's Premises
Subpart 1. No entry.
A utility shall not enter a customer's premises if: the customer has not consented; or the utility has not obtained a court order authorizing entry; or an emergency situation involving imminent danger to life or property does not reasonably appear to exist.
Subp. 2. Consent by customer.
A customer shall be deemed to have consented to entry if:
A. The customer has agreed orally or in writing in advance of entry that the utility may enter the customer's premises on a particular occasion; or
B. The customer has agreed in writing that the utility may enter the customer's premises to read its meter or service utility equipment at reasonable times and occasions if the premises are unlocked, or if the customer has supplied a key. The form of agreement shall state in large, easy-to-read print: "YOU DO NOT NEED TO SIGN THIS AGREEMENT IN ORDER TO OBTAIN SERVICE. IF YOU DO SIGN THIS AGREEMENT, YOU MAY REVOKE IT AT ANY TIME BY WRITTEN NOTICE TO THE COMPANY." When consent has been given in accordance with this subpart, the utility shall notify the customer, on an annual basis by first class mail, that the consent previously given will continue in force for an additional year, unless the customer revokes the consent by written notice to the utility; or
C. The customer is on a nonresidential rate and the portion of that premises entered is open to the general public.
Subp. 3. Premises.
For the purpose of this part "premises" means buildings and structures and land surrounding the buildings which is not accessible except through a locked gate.
Subp. 4. Entering premises without consent; notice to law enforcement.
A utility shall notify the jurisdictional law enforcement agency before entering the customer's premises without the customer's consent unless it would be unreasonable under the facts and circumstances to do so.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.3200 Billing Basis
Bills for service will be based on meter readings or estimated usage and computed in accordance with applicable rate schedules on file with the commission. When a customer is eligible to take service under more than one rate, the utility shall advise the customer in the selection of rate or rates which in its judgment result in the lowest cost of projected consumption, based on 12 months' service and on the information at hand. Each utility shall, at the time of any change in the applicable rate schedule, deliver to each customer the schedule of rates applicable to the customer's type of service.
History
- Statutory Authority: MS s 216B.08; 216B.09
- History: 17 SR 1279
Minn. R. 7820.3300 Meter Reading and Billing Periods
Readings of all meters used for determining charges to customers shall be made each month unless otherwise authorized by the commission upon petition by the utility. The term "month" for meter reading and billing purposes is the period between successive meter reading dates which shall be as nearly as practicable to 30-day intervals. When a utility is unable to gain access to a meter, it shall leave a meter-reading form for the customer.
A utility may permit the customer to supply meter readings on a form supplied by the utility, providing a utility representative reads the meter at least once every 12 months or at an interval determined upon petition to the commission and when there is a change in customers and when requested by the customer. This form should advise the customer of the utility's responsibilities to read the meter.
If the billing period is longer or shorter than the normal billing period by more than five days, the bill shall be prorated on a daily basis.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.3400 Estimated Billing
When access to a meter cannot be gained and the customer fails to supply a meter-reading form in time for the billing operation, an estimated bill may be rendered. In cases of emergency, the utility may render estimated bills without reading meters or supplying meter-reading forms to customers. When a customer fails to return a meter-reading form under the customer meter-reading plan, an estimated bill may be rendered. Estimated bills shall be based on the customer's normal consumption for a corresponding period during the preceding months or any other method specifically authorized by the commission. Only in unusual cases or when approval is obtained from the customer shall more than two consecutive estimated bills be rendered, unless the customer fails to supply meter readings as provided in part 7820.3300.
If an estimated bill appears to be abnormal when a subsequent reading is obtained, the bill for the entire period shall be computed at a rate which contemplates the use of service during the entire period and the estimated bill shall be deducted. If there is reasonable evidence that the use occurred during only one billing period, the bill shall be so computed.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.3500 Billing Content
Bills rendered periodically to customers for electric and gas service shall include, but are not limited to, the following information:
A. the present and last preceding meter readings;
B. the date of the present reading;
C. identification of the applicable rate schedule;
D. the number and kinds of units metered;
E. a complete itemization of all charges incurred at each level of customer usage;
F. the amount of the bill;
G. the date on which the bill will become delinquent;
H. any late fee, if applicable;
I. if an estimated bill, clear and conspicuous language identifying the bill as an estimated bill;
J. the amount of state and local taxes separately itemized;
K. fuel or power adjustment clause separately itemized, if applicable; and
L. the information required by part 7820.0200, item C.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.3600 Inability to Comply with Required Billing Content
If a utility is unable to comply with any provisions of part 7820.3500 within 12 months of the effective date of the rule, the utility shall petition the commission for either a temporary exception or a permanent exemption. The petition shall include the justification for noncompliance, the duration of the desired exception, and the plan for compliance.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.3700 Inaccurate Electric Meters
Subpart 1. Meter too fast or too slow.
Whenever any meter is found upon test to have an average error of more than two percent fast, the utility shall refund to the customer the overcharge. Whenever any meter is found upon test to have an average error of more than two percent slow, the utility may charge for electricity consumed, but not included in the bills previously rendered. The refund or charge for both fast and slow meters shall be based on corrected meter readings for a period equal to one-half the time elapsed since the last previous test but not to exceed six months, unless it can be established that the error was due to some cause, the date of which can be fixed with reasonable certainty, in which case the refund or charge shall be computed to that date, but in no event for a period longer than one year.
Subp. 2. Meter fails to register or registers intermittently.
When the average error cannot be determined by test because the meter is not found to register or is found to register intermittently, the utility may charge for an estimated amount of electricity used, which shall be calculated by averaging the amounts registered over corresponding periods in previous years or in the absence of such information, over similar periods of known accurate measurement preceding or subsequent thereto, but in no event shall such charge be for a period longer than one year.
Subp. 3. Recalculation of bill.
If the recalculated bills indicate that more than $1 is due an existing customer or $2 is due a person no longer a customer of the utility, the full amount of the calculated difference between the amount paid and the recalculated amount shall be refunded to the customer. The refund to an existing customer may be in cash or as credit on a bill. Credits shall be shown separately and identified. If a refund is due a person no longer a customer of the utility, the utility shall mail to the customer's last known address either the refund or a notice that the customer has three months in which to request a refund from the utility. If the recalculated bills indicate that the amount due the utility exceeds $10, the utility may bill the customer for the amount due. The first billing rendered shall be separated from the regular bill and the charges explained in detail.
Subp. 4. Failure to check faulty meter.
If a customer has called to the utility's attention doubts as to the meter's accuracy and the utility has failed within a reasonable time to check it, there shall be no back billing for the period between the date of the customer's notification and the date the meter was checked.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 17 SR 1279; 33 SR 215
Minn. R. 7820.3800 Electric Utility Billing Errors
Subpart 1. Errors warranting remedy.
When a customer has been overcharged or undercharged as a result of incorrect reading of the meter, incorrect application of rate schedule, incorrect connection of the meter, application of an incorrect multiplier or constant or other similar reasons, the amount of the overcharge shall be refunded to the customer or the amount of the undercharge may be billed to the customer as detailed in subparts 2 through 4.
Subp. 2. Remedy for overcharge.
When a utility has overcharged a customer, the utility shall calculate the difference between the amount collected for service rendered and the amount the utility should have collected for service rendered, plus interest, for the period beginning three years before the date of discovery. Interest must be calculated as prescribed by Minnesota Statutes, section 325E.02, paragraph (b). If the recalculated bills indicate that more than $1 is due an existing customer or $2 is due a person no longer a customer of the utility, the full amount of the calculated difference between the amount paid and the recalculated amount shall be refunded to the customer. The refund to an existing customer may be in cash or credit on a bill. Credits shall be shown separately and identified. If a refund is due a person no longer a customer of the utility, the utility shall mail to the customer's last known address either the refund or a notice that the customer has three months in which to request a refund from the utility.
Subp. 3. Remedy for undercharge.
When a utility has undercharged a customer, the utility shall calculate the difference between the amount collected for service rendered and the amount the utility should have collected for service rendered, for the period beginning one year before the date of discovery. If the recalculated bills indicate that the amount due the utility exceeds $10, the utility may bill the customer for the amount due. But a utility must not bill for any undercharge incurred after the date of a customer inquiry or complaint if the utility failed to begin investigating the matter within a reasonable time and the inquiry or complaint ultimately resulted in the discovery of the undercharge. The first billing rendered shall be separated from the regular bill and the charges explained in detail.
Subp. 4. Exception if error date known.
If the date the error occurred can be fixed with reasonable certainty, the remedy shall be calculated on the basis of payments for service rendered after that date, but in no event for a period beginning more than three years before the discovery of an overcharge or one year before the discovery of an undercharge.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 33 SR 215
Minn. R. 7820.3900 Inaccurate Natural Gas Meters
Subpart 1. Meter too fast or too slow.
Whenever any meter is found upon test to have an average error of more than two percent fast, the utility shall refund to the customer the overcharge. Whenever any meter is found upon test to have an average error of more than two percent slow, the utility may charge for the gas consumed but not included in bills previously rendered. The refund or charge for both the fast and slow meter shall be based on the corrected meter reading for a period equal to one-half the time elapsed since the last previous test, but not to exceed six months, unless it can be established that the error was due to some cause, the date of which can be fixed with reasonable certainty, in which case the refund or charge shall be computed from that date, but in no event for a period longer than one year. The average error for a meter tested shall be defined as one-half the algebraic sum of the error at full-rated flow plus the error at check flow.
Subp. 2. Meter fails to register or registers intermittently.
When the average error cannot be determined by test because the meter is not found to register or is found to register intermittently, the utility may charge for an estimated amount of gas used, which shall be calculated by averaging the amounts registered over corresponding periods in previous years or in the absence of such information, over similar periods of known accurate measurement preceding or subsequent thereto, but in no event shall such charge be for a period longer than one year.
Subp. 3. Recalculation of bill.
If the recalculated bills indicate that more than $1 is due an existing customer or $2 is due a person no longer a customer of the utility, the full amount of the calculated difference between the amount paid and the recalculated amount shall be refunded to the customer. The refund to an existing customer may be in cash or as credit on a bill. Credits shall be shown separately and identified. If a refund is due a person no longer a customer of the utility, the utility shall mail to the customer's last known address either the refund or a notice that the customer has three months in which to request a refund from the utility. If the recalculated bills indicate that the amount due the utility exceeds $10, the utility may bill the customer for the amount due. The first billing rendered shall be separated from the regular bill and the charges explained in detail.
Subp. 4. Failure to check faulty meter.
If a customer has called to the utility's attention doubts as to the meter's accuracy and the utility has failed within a reasonable time to check it, there shall be no back billing for the period between the date of the customer's notification and the date the meter was checked.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 17 SR 1279; 33 SR 215
Minn. R. 7820.4000 Natural Gas Utility Billing Errors
Subpart 1. Errors warranting remedy.
When a customer has been overcharged or undercharged as a result of incorrect reading of the meter, incorrect application of rate schedule, incorrect connection of the meter, application of an incorrect multiplier or constant or other similar reasons, the amount of the overcharge shall be refunded to the customer or the amount of the undercharge may be billed to the customer as detailed in subparts 2 through 4.
Subp. 2. Remedy for overcharge.
When a utility has overcharged a customer, the utility shall calculate the difference between the amount collected for service rendered and the amount the utility should have collected for service rendered, plus interest, for the period beginning three years before the date of discovery. Interest must be calculated as prescribed by Minnesota Statutes, section 325E.02, paragraph (b). If the recalculated bills indicate that more than $1 is due an existing customer or $2 is due a person no longer a customer of the utility, the full amount of the calculated difference between the amount paid and the recalculated amount shall be refunded to the customer. The refund to an existing customer may be in cash or as credit on a bill. Credits shall be shown separately and identified. If a refund is due a person no longer a customer of the utility, the utility shall mail to the customer's last known address either the refund or a notice that the customer has three months in which to request a refund from the utility.
Subp. 3. Remedy for undercharge.
When a utility has undercharged a customer, the utility shall calculate the difference between the amount collected for service rendered and the amount the utility should have collected for service rendered, for the period beginning one year before the date of discovery. If the recalculated bills indicate that the amount due the utility exceeds $10, the utility may bill the customer for the amount due. But a utility must not bill for any undercharge incurred after the date of a customer inquiry or complaint if the utility failed to begin investigating the matter within a reasonable time and the inquiry or complaint ultimately resulted in the discovery of the undercharge. The first billing rendered shall be separated from the regular bill and the charges explained in detail.
Subp. 4. Exception if error date known.
If the date the error occurred can be fixed with reasonable certainty, the remedy shall be calculated on the basis of payments for service rendered after that date, but in no event for a period beginning more than three years before the discovery of an overcharge or one year before the discovery of an undercharge.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 33 SR 215
Minn. R. 7820.4100 Terms Defined by Commission Technical Standards
For the purposes of this chapter the following terms will be those as defined in the technical standards, Public Utilities Commission: average error, creeps and/or creeping, improper voltage, 100 percent accuracy, test, working test standard.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.4200 Guarantee of Payment
The utility shall not require deposit or guarantee of any customer or applicant for service who has established good credit. Deposit or guarantee of payment requirements as prescribed by the utility must be based upon standards which bear a reasonable relationship to the assurance of payment.
History
- Statutory Authority: MS s 216B.07; 216B.08; 216B.09
Minn. R. 7820.4300 New Service
"New service" means service extended to or requested by any customer who has not received service as a customer for the preceding six months. A utility shall not require a cash deposit or other guarantee of payment as a condition of obtaining new service unless a customer has an unsatisfactory credit or service standing with the utility due to any of the following:
A. the customer or applicant has outstanding a prior utility service account with the utility which at the time of request for service remains unpaid and not in dispute;
B. the service of a customer or applicant has previously been disconnected for any permissible reason which is not in dispute; or
C. the credit history as provided in this chapter demonstrates that payment cannot be assured. The determination of an adequate credit history must be determined by objective criteria which shall be filed with the commission in the utility's tariff. Such criteria must bear a reasonable relationship to the assurance of payment.
History
- Statutory Authority: MS s 216B.07; 216B.08; 216B.09
Minn. R. 7820.4400 Existing Service
"Existing service" means service presently being extended to a customer or which has been extended to a customer within the past six months. A utility shall not require a cash deposit or other guarantee of payment as condition of continuing existing service unless a customer has an unsatisfactory credit or service standing with the utility due to either of the following:
A. the service of the customer has been disconnected or has been liable for disconnect for nonpayment of a bill which is not in dispute; or
B. the service of a customer has been disconnected or has been liable for disconnect for any permissible reason which is not in dispute.
History
- Statutory Authority: MS s 216B.07; 216B.08; 216B.09
Minn. R. 7820.4500 When Payment Guarantee Permissible
Subpart 1. Deposit.
When required, a customer may assure payment by submitting a deposit. A deposit shall not exceed an estimated two months' gross bill or existing two months' bill where applicable. All deposits shall be in addition to payment of an outstanding bill or a part of such bill as has been resolved to the satisfaction of the utility except where such bill has been discharged in bankruptcy. Interest shall be paid on deposits in excess of $20 at the rate of six percent per year compounded annually. Interest on deposits shall be payable from the date of deposit to the date of refund or disconnection. The utility may, at its option, pay the interest at intervals it chooses but at least annually, by direct payment, or as a credit on bills. The deposit shall be refunded to the customer after 12 consecutive months of prompt payment of all utility bills. The utility may, at its option, refund the deposit by direct payment or as a credit on the bill. With notice any deposit of a customer may be applied by the utility to a bill when the bill has been determined by the utility to be delinquent. Upon termination of service, the deposit with accrued interest shall be credited to the final bill and the balance shall be returned within 45 days to the customer.
A utility shall not require a deposit of any customer without explaining in writing why that deposit or guarantee is being required and under what conditions, if any, the deposit will be diminished upon return. Each utility shall issue a receipt of deposit to each customer from whom a deposit is received and shall provide means whereby a depositor may establish claim if the receipt is unavailable.
Subp. 2. Guarantee of payment.
The utility may accept, in lieu of a deposit, a contract signed by a guarantor satisfactory to the utility whereby payment of a specified sum not exceeding the deposit requirement is guaranteed. The term of such contract shall be for no longer than 12 months, but shall automatically terminate after the customer has closed and paid the customer's account with the utility, or at the guarantor's request upon 60 days' written notice to the utility. Upon termination of a guarantee contract or whenever the utility deems same insufficient as to amount or surety, a cash deposit or a new or additional guarantee may be required for good cause upon reasonable written notice to the customer. The service of any customer who fails to comply with these requirements may be disconnected upon notice as prescribed in part 7820.2400. The utility shall mail the guarantor copies of all disconnect notices sent to the customer whose account the grantor has guaranteed unless the guarantor waives such notice in writing.
History
- Statutory Authority: MS s 216B.07; 216B.08; 216B.09
- History: 17 SR 1279
Minn. R. 7820.4600 Good Credit
The utility may determine whether a customer has established good credit with the utility, except as herein restricted: A customer, who within the last 12 months has not had service disconnected for nonpayment of a bill and has not been liable for disconnect for nonpayment of a bill which is not in dispute, shall be deemed to have established good credit.
History
- Statutory Authority: MS s 216B.07; 216B.08; 216B.09
- History: 17 SR 1279
Minn. R. 7820.4700 When Deposit or Payment Guarantee Impermissible
A utility shall not require a deposit or a guarantee of payment based upon income, home ownership, residential location, employment tenure, nature of occupation, race, color, creed, sex, marital status, age, national origin, or any other criterion which does not bear a reasonable relationship to the assurance of payment of which is not authorized by this chapter. No utility shall use any credit reports other than those reflecting the purchase of utility services to determine the adequacy of a customer's credit history without the permission in writing of a customer. Any credit history so used shall be mailed to the customer in order to provide the customer an opportunity to review the data. Refusal of a customer to permit use of a credit rating or credit service other than that of a utility shall not affect the determination of the utility as to that customer's credit history.
History
- Statutory Authority: MS s 216B.07; 216B.08; 216B.09
Minn. R. 7820.4800 Information Available to Customers and Public
The utility shall retain customer billing, complaint, payment, and deposit records for the length of time necessary to permit the utility to comply with the commission's rules; provided the utility shall retain these records for not less than three years. A customer's own billing, complaint, payment, and deposit records shall be available to that customer.
Each utility shall have available for existing customers and applicants for service such information as is needed to obtain and maintain adequate, timely, and efficient service.
Each utility shall furnish additional information as the customer may reasonably request.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.4900 Emergency Information
Each utility, for every municipality in which it serves, shall provide in the respective telephone directories a telephone listing by which the utility can be notified during a 24-hour day of any utility service deficiency or emergency which may exist.
History
- Statutory Authority: MS s 216B.08; 216B.09
Minn. R. 7820.5100 Definitions
Subpart 1. Scope.
The terms used in parts 7820.5100 to 7820.5600 have the meanings given them in this part.
Subp. 2. Delinquent amount.
"Delinquent amount" means the portion of a customer's account representing charges for utility service or services past due. In the case of a residential customer on either a budget billing plan or a payment schedule, "delinquent amount" means the lesser of the outstanding account balance or the outstanding scheduled payments.
Subp. 3. Late payment charge.
"Late payment charge" means the allowable charge a utility may impose upon a delinquent amount.
Subp. 4. Utility.
"Utility" means a public utility as defined in Minnesota Statutes, section 216B.02, as modified by Minnesota Statutes, sections 216B.025 and 216B.026.
Subp. 5. Residential customer.
"Residential customer" means a customer of a utility whose principal use of gas or electricity is for household purposes such as lighting, cooking, water heating, and space heating in space occupied as living quarters. Utility service is normally supplied through a single meter to a single family dwelling unit, but apartments or other subdivided dwelling units may be classified as residential even though several individual units take service through the same meter.
History
- Statutory Authority: MS s 216A.05; 216B.03; 216B.23
- History: 8 SR 2335
Minn. R. 7820.5200 Billing Terms
A utility shall designate any late payment charge imposed on a customer as a late payment charge on that customer's bill. Other terms, including "penalties," "discounts," or "net-gross rate differentials," must not be used to indicate any charge which results from delinquent payment.
History
- Statutory Authority: MS s 216A.05; 216B.03; 216B.23
- History: 8 SR 2335
Minn. R. 7820.5300 Determination of Delinquency
Subpart 1. Requirement.
A utility which chooses to impose a late payment charge on its customers shall use two measures for determining when a customer's bill is delinquent as follows in subparts 2 and 3.
Subp. 2. Residential customer.
If a residential customer's bill payment is not received by the utility by the next scheduled billing date, which must be not less than 25 days from the current billing date, a late payment charge may be imposed. The current billing date must be no more than three working days before the date of mailing of the bill by the utility. The utility may print a due date on the bill which is not more than five days before the next scheduled billing date.
Subp. 3. Nonresidential customer.
If a nonresidential customer's utility bill is not received by the utility within a grace period of not less than 15 days from the current billing date, a late payment charge may be imposed. The current billing date must be no more than three working days before the date of mailing of the bill by the utility.
History
- Statutory Authority: MS s 216A.05; 216B.03; 216B.23
- History: 8 SR 2335
Minn. R. 7820.5400 Requirements for Imposing Late Payment Charge
Subpart 1. Compliance.
Before a utility may impose a late payment charge, the utility shall comply with the requirements in subparts 2 to 5.
Subp. 2. Tariffs.
The utility shall file and have approved by the commission tariffs providing for the late payment charge and specifying the terms and conditions of the late payment charge. The filing must include substantiating documents and exhibits supporting the finance fee and grace periods proposed.
Subp. 3. Bill content.
The utility shall clearly indicate upon each bill the terms and conditions of the late payment charge, including the date after which the late payment charge is applied, the amount of the late payment charge after the charge is actually applied, and the monthly and the annual percentage rate of the late payment charge.
Subp. 4. Uniformity.
The utility shall administer its late payment charge in a nondiscriminatory manner.
Subp. 5. Implementation.
By August 7, 1984, the utility shall comply with the tariff, bill content, and uniformity requirements of subparts 2 to 4.
History
- Statutory Authority: MS s 216A.05; 216B.03; 216B.23
- History: 8 SR 2335
Minn. R. 7820.5500 Amount of Late Payment Charge
Subpart 1. Calculation.
A late payment charge imposed by a utility must be calculated as follows in subparts 2 to 4.
Subp. 2. Minimum delinquent amount.
The utility shall not assess a late payment charge until the delinquent amount exceeds $10.
Subp. 3. Finance fee.
The utility may impose a finance fee no greater than 1-1/2 percent per monthly billing period on the delinquent amount.
Subp. 4. Minimum finance fee.
The utility may impose a minimum finance fee no greater than $1.
History
- Statutory Authority: MS s 216A.05; 216B.03; 216B.23
- History: 8 SR 2335
Minn. R. 7820.5600 Crediting of Payments
The utility shall credit all payments received against the oldest outstanding account balance before the application of any late payment charge.
History
- Statutory Authority: MS s 216A.05; 216B.03; 216B.23
- History: 8 SR 2335
Chapter 7825 UTILITIES; FINANCIAL, REGULATORY MATTERS
Minn. R. 7825.0200 Definitions Applicable to Minnesota Uniform System of Accounts
Subpart 1. Scope.
For the purpose of parts 7825.0200 to 7825.0400, the following definitions shall apply.
Subp. 2. Appropriate.
"Appropriate" refers to those accounts which apply to a gas utility if the utility is a gas utility; or to those accounts which apply to an electric utility if the utility is an electric utility.
Subp. 3. FPC uniform system of accounts.
"FPC uniform system of accounts" means the Federal Power Commission uniform system of accounts for both gas and electric utilities and all Federal Power Commission orders, pronouncements, rules, and regulations changing or amending the FPC uniform system of accounts.
Subp. 4. Public utility.
"Public utility" is defined in Minnesota Statutes, section 216B.02, subdivision 4, and shall also include municipally owned utilities.
Subp. 5. REA.
"REA" means the Rural Electrification Administration of the United States Department of Agriculture.
History
- Statutory Authority: MS s 216B.08; 216B.10
Minn. R. 7825.0300 Procedure Applicable to Minnesota Uniform System of Accounts
Subpart 1. Criteria.
The following criteria shall apply to the Minnesota uniform system of accounts.
Subp. 2. Clarification of standards.
All public utilities shall conform to the appropriate FPC uniform system of accounts with the following clarifications:
A. When appearing in the original FPC text the following terms shall be interpreted as stated below for the purpose of regulation under the Minnesota Public Utilities Act: commission or Federal Power Commission shall be interpreted as the Minnesota Public Utilities Commission; utility shall be interpreted as a Minnesota public utility.
B. Minnesota cooperative electric associations shall conform to the FPC uniform system of accounts as modified by REA Bulletin 181-1.
C. A Minnesota public utility, for reporting purposes, shall be classified as an A, B, C, or D utility based upon gross revenues of Minnesota utility operations.
D. All FPC orders, pronouncements, or changes affecting the FPC uniform system of accounts and all REA orders, pronouncements, or changes affecting the REA modifications to the FPC uniform system of accounts after January 1, 1975, shall be effective for accounting and reporting purposes on the effective date of the orders, pronouncements, or changes. However, the commission reserves the right to suspend such orders, pronouncements, or changes for Minnesota reporting purposes.
Subp. 3. Utilities with annual gross operating revenues of less than $25,000.
Public utilities with annual gross operating revenues of less than $25,000, not required to conform to the FPC uniform system of accounts as modified by REA Bulletin 181-1, shall follow the appropriate FPC system of accounts for class C and D utilities.
Subp. 4. Petition for exception to standards.
A public utility may petition the commission for approval of an exception to a provision of the system of accounts. Such exception shall be granted to the public utility for good cause shown.
Subp. 5. Utilities with utility operations not in Minnesota.
Public utilities with utility operations not located in Minnesota shall maintain accounting records in such a manner that the accounting information for Minnesota utility operations can be separated from the accounting information of utility operations not located in Minnesota. Methods used in such separations of accounting information are subject to approval of the commission. The method of separation shall be submitted by petition to the commission for review and approval six months after the effective date of this part or in the first related proceeding of the public utility, whichever comes first. A utility or the department staff may petition for a change in an approved separation procedure for good cause shown.
Subp. 6. Utilities engaged in other business.
Public utilities engaged directly or indirectly in any other business than that of the production, transmission, or furnishing of natural gas or electric service shall maintain separate records in accordance with the appropriate FPC system of accounts or REA modifications to that system for such operations.
History
- Statutory Authority: MS s 216B.08; 216B.10
Minn. R. 7825.0400 Minnesota Uniform System of Accounts; Implementation
The following criteria apply to the implementation of the Minnesota uniform system of accounts.
Each public utility, not currently in compliance with the appropriate FPC uniform system of accounts, shall implement the appropriate FPC uniform system of accounts by January 1, 1977. If a municipal utility is unable to comply by January 1, 1977, with any of the provisions of this part, the municipal utility shall petition the commission within three months of the effective date of this part for an exception. The petition shall include the justification for noncompliance, the length of the desired extension of time, the plan for compliance, and any actions taken to date to implement the appropriate FPC uniform system of accounts.
Public utilities using account numbers which differ from the FPC account numbers shall submit to the Department of Commerce by November 1, 1976, three copies of such account numbers with the descriptive titles cross-referenced to the appropriate FPC account numbers. Such copies shall be accompanied by a statement from a responsible utility officer verifying that such accounts can be translated into the appropriate FPC accounts for reporting and auditing purposes. Subsequent changes to account numbers shall be submitted as they occur.
History
- Statutory Authority: MS s 216B.08; 216B.10; L 2001 1Sp4 art 6 s 1
Minn. R. 7825.0500 Definitions
Subpart 1. Accumulated provision for depreciation or depreciation reserve.
"Accumulated provision for depreciation" or "depreciation reserve" means the summation of charges for retirements, net salvage, and the annual provision for depreciation accrual(s) recorded by the utility under an approved method of depreciation accounting.
Subp. 2. Amortization.
"Amortization" means the gradual extinguishment of an amount in an account by distributing such amount over a fixed period, over the probable service life of an asset or liability to which it applies, or over a period during which it is anticipated the benefit will be realized.
Subp. 3. Annual provision for depreciation accrual.
"Annual provision for depreciation accrual" means the annual amount of depreciation charged to expenses and/or clearing accounts.
Subp. 4. Cost of removal.
"Cost of removal" means the cost of demolishing, dismantling, removing, tearing down, or abandoning of physical assets, including the cost of transportation and handling incidental thereto.
Subp. 5. Depletion.
"Depletion" means the reduction in available capacity incurred in connection with the exhaustion of natural resources in the course of their conversion into units of service.
Subp. 6. Depreciation.
"Depreciation," as applied to depreciable utility plant, means the loss in service value not restored by current maintenance, incurred in connection with the consumption or prospective retirement of utility plant in the course of service from causes which are known to be in current operation and against which the utility is not protected by insurance. Among the causes to be given consideration are wear and tear, decay, action of the elements, inadequacy, obsolescence, changes in the art, changes in demand and requirements of public authorities, and, in the case of natural gas companies, the exhaustion of natural resources. For purposes of this chapter, references to depreciation will include amortization and depletion, unless otherwise stated.
Subp. 7. Depreciation accounting.
"Depreciation accounting" means a system of accounting which aims to distribute cost or other basic value of tangible capital assets, less salvage, if any, over the estimated useful life of the unit, which may be a group of assets, in a systematic and rational manner. It is a process of allocation, not of valuation.
Subp. 8. Net salvage.
"Net salvage" means salvage of property retired less the cost of removal.
Subp. 9. Original cost.
"Original cost" means the cost of property to the person first devoting it to public service.
Subp. 10. Probable service life.
"Probable service life" of a unit means that period of time extending from the date of its installation to the forecasted date when it will probably be retired from service.
Subp. 11. Public utility.
"Public utility" means any electric or gas utility as defined in Minnesota Statutes, section 216B.02, subdivision 4, and also any municipally owned utility operating within the state of Minnesota and under the jurisdiction of the commission.
Subp. 12. Salvage.
"Salvage" means the amount received for assets retired, less any expenses incurred in connection with the sale or in preparing the assets for sale; or if retained, the amount at which the materials recoverable is chargeable to materials and supplies, or other appropriate accounts.
Subp. 13. Service value.
"Service value" means the difference between original cost and net salvage value of utility plant.
Subp. 14. Straight-line method.
"Straight-line method" means the plan under which the original cost of an asset adjusted for net salvage is charged to operating expenses and/or to clearing accounts and credited to the accumulated provision for depreciation through equal annual charges over its probable service life.
History
- Statutory Authority: MS s 216B.08; 216B.11
Minn. R. 7825.0600 Depreciation Certification
Subpart 1. Depreciation practices applicable to all utilities.
All electric and gas utilities shall maintain, and have available for inspection by the commission upon request, adequate accounts and records related to depreciation practices as defined herein. Each utility has the prime responsibility for proposing the depreciation rates and methods that will be used. The commission shall certify by order to the utility the depreciation rates and methods which it considers reasonable and proper. Any allocation or adjustment of the depreciation reserve will require specific justification and certification by the commission.
Either the utility may submit or the commission may request a petition for depreciation certification because of unusual circumstances or unique situations.
Subp. 2. Class A and B utilities.
Class A and B utilities, as defined by the system of accounts, shall:
A. maintain continuing property records;
B. record depreciation accruals and reserves by functional group of plant accounts (e.g., distribution plant) or on an optional basis, by primary plant account (e.g., meters) for corporate ledger and balance sheet supporting schedule purposes;
C. retain data in sufficient detail to conduct depreciation certification studies for the purpose of determining depreciation accruals and reserves by primary plant account; and
D. review their depreciation rates annually to determine if they are still generally appropriate. Depreciation certification studies shall be made so that all primary accounts shall have been analyzed at least every five years.
Subp. 3. Class C and D utilities.
Class C and D utilities shall:
A. record a composite depreciation accrual and a composite reserve for the utility plant for corporate ledger and balance sheet purposes;
B. retain data in sufficient detail to conduct depreciation certification studies for the purpose of determining depreciation accruals and reserves by functional group of plant accounts; and
C. review their depreciation rates annually to determine if they are still generally appropriate. Depreciation certification studies shall be made so that all functional groups of plant accounts have been analyzed at least every five years.
Subp. 4. Option of rules.
Any utility may at its option follow the depreciation rules prescribed herein for a larger class of utilities.
History
- Statutory Authority: MS s 216B.08; 216B.11
Minn. R. 7825.0700 Petition for Depreciation Certification
Subpart 1. Petition for depreciation certification.
Initially upon commission notification, and at least every five years thereafter, each public utility shall file a petition for depreciation certification and the following depreciation schedules (for each year since the last certification) in the form prescribed by the commission.
A. Plant in service (by primary account for classes A, B, C, and D): beginning and ending plant balances; additions and retirements; adjustments and transfers.
B. Analysis of depreciation reserve (based on depreciation studies by primary account for classes A and B; by functional group for classes C and D): beginning and ending reserve balances; depreciation accruals and plant retirements; cost of removal and gross salvage value; transfers, adjustments and other debits (credits).
C. Summary of annual depreciation accruals (based on depreciation studies by primary account for classes A and B; by functional group for classes C and D): plant balance; estimated net salvage; depreciation reserve; probable service life; depreciation accrual and rate.
Subp. 2. Additional information on certification petition.
In addition, all utilities shall provide with the petition for depreciation certification:
A. A list of accounts upon which the utility has made studies of the estimates of service life and salvage, the dollar effects and the results of these studies, and the utility-recommended depreciation rates for the accounts.
B. A list of any major future additions or retirements to the plant accounts that the utility believes may have a material effect on the current certification results.
C. All utilities shall furnish any additional documentation necessary to support findings of the study.
History
- Statutory Authority: MS s 216B.08; 216B.11
Minn. R. 7825.0800 Methods for Depreciation Certification Studies
The commission prescribes the straight-line method for calculating depreciation, excluding depletion, accruals. Depletion costs should be allocated on the basis of the unit-of-production method. Any exceptions to these methods will require specific justification and certification by the commission. No specific methods are prescribed by the commission in estimating service lives and salvage values. The methods selected by each utility will be reviewed for appropriateness by the department staff as part of the utility's certification filing.
History
- Statutory Authority: MS s 216B.08; 216B.11
Minn. R. 7825.0900 Petition for Certification Procedure
Utilities shall petition the commission for certification of depreciation rates and methods as prescribed by the commission's rules of practice for petitions. Prior to the initial certification of a utility's depreciation rates and methods, the depreciation rates and methods effective as of January 1, 1975, are to be used. Depreciation rates and methods, once certified by order, are binding on all future rate proceedings and will remain in effect until the next certification or until the commission shall determine otherwise. If a utility is unable to comply by January 1, 1977, with any of the provisions of parts 7825.0500 to 7825.0900, the utility shall petition the commission within three months of the effective date of parts 7825.0600 to 7825.0900 for a temporary exception. The petition shall include the justification for noncompliance, the duration of the desired exception, and the plan for compliance.
History
- Statutory Authority: MS s 216B.08; 216B.11
Minn. R. 7825.1000 Definitions for Capital Structure Approval
Subpart 1. Scope.
For the purpose of parts 7825.1000 to 7825.1500, the following definitions shall apply.
Subp. 2. Capital structure.
"Capital structure" means the total capitalization of the public utility as defined in the Minnesota Public Utilities Act and including short-term securities.
Subp. 3. Long-term security.
"Long-term security" is any security not meeting the definition of short-term security.
Subp. 4. Public utility.
"Public utility" is as defined in Minnesota Statutes, section 216B.02, subdivision 4, but not including cooperative electric associations.
Subp. 5. Security.
"Security" is as defined in Minnesota Statutes, section 216B.49, subdivision 1.
Subp. 6. Short-term security.
"Short-term security" means any unsecured security with a date of maturity of no more than one year from the date of issuance; and containing no provisions for automatic renewal or "roll over" at the option of either the obligee or obligor.
History
- Statutory Authority: MS s 216B.08; 216B.49
Minn. R. 7825.1100 General Procedure for Capital Structure Approval
The following shall apply to all petitions for capital structure approval. Prior to the issuance of any security or securities, a public utility shall petition for and receive from the commission approval of its capital structure. Such approval shall be by formal written order.
Commission orders approving capital structure shall be effective for at least one year, unless otherwise stated; or until the petitioner requests modification or revision; or until the commission deems conditions affecting capital structure have changed sufficiently to warrant further review.
History
- Statutory Authority: MS s 216B.08; 216B.49
Minn. R. 7825.1200 Capital Structure Approval; Long-Term Securities
The following procedure shall apply to the issuance of long-term securities. A petition may include multiple issuance of securities, where upon review, the commission may approve the change in capital structure caused by such issuance in part or in total. Petitions for approval of capital structure shall contain the information described in parts 7825.1400 and 7825.1500.
History
- Statutory Authority: MS s 216B.08; 216B.49
Minn. R. 7825.1300 Capital Structure Approval; Short-Term Securities
The following procedure shall apply to the issuance of short-term securities.
Public utilities which are required to obtain approval from the commission for changes in capital structure caused by such issuance shall petition no later than 60 days prior to the proposed first issuance, unless good cause shown.
Such petitions shall contain the following information:
A. items A to K of part 7825.1400;
B. a descriptive summary of the assumptions made in the development of such statement of cash flow;
C. a statement of cash flow, by month showing the most recent available 21 months actual data and forecasted data to the end of the period encompassed by the petition. Such data shall be filed on forms prescribed by the commission. Upon approval of capital structure, the petitioner may issue short-term securities at its discretion provided such petitioner remains within the limits and restrictions set forth in the commission's order.
History
- Statutory Authority: MS s 216B.08; 216B.49
Minn. R. 7825.1400 Filing Requirements for Capital Structure Approval
Petitions for approval of capital structure shall contain one original and three copies of the following data, either in the body of the petition or in exhibits attached thereto:
A. A descriptive title.
B. A table of contents.
C. The exact name of the petitioner and address of its principal business office.
D. Name, address, and telephone number of the person authorized to receive notices and communications with respect to the petition.
E. A verified statement by a responsible officer of the petitioner attesting to the accuracy and completeness of the enclosed information.
F. The purpose for which the securities are to be issued.
G. Copies of resolutions by the directors authorizing the petition for the issue or assumption of liability in respect to which the petition is made; and if approval of stockholders has been obtained, copies of the resolution of the stockholders shall be furnished.
H. A statement as to whether, at the time of filing of the petition, the petitioner knows of any person who is an "affiliated interest" within the meaning of Minnesota Statutes, section 216B.48, subdivision 1, who has received or is entitled to receive a fee for services in connection with the negotiations or consummation of the issuance of the securities, or for services in securing underwriters, sellers, or purchasers of the securities.
I. A signed copy of the opinion of counsel in respect to the legality of the issue or assumption of liability.
J. A balance sheet dated no earlier than six months prior to the date of the petition together with an income statement and statement of changes in financial position covering the 12 months then ended. When the petitions include long-term securities, such statements shall show the effects of the issuance on such balance sheet and income statement.
K. A description of the security or securities to be issued.
L. An estimate of the interest or dividend cost per $100 principal amount, except in the case of common stock, and a description of any anticipated terms or indenture provisions.
M. If the petitioner is a corporation, a copy of its current articles of incorporation certified by the secretary of state of incorporation. If the current articles have already been filed, the petitioner need only make specific reference to such filings.
N. The following information shall be attached as exhibits to the petition:
O. A statement of the manner in which such securities will be issued; and if invitations for sealed written proposals (competitive bidding) are not anticipated, an explanation of the decision not to invite such proposals shall be submitted.
P. A copy of each plan, offer, or agreement for the reorganization or readjustment of indebtedness or capitalization or for the retirement or exchange of securities.
Q. If any of the above filing requirements are provided in petitions or applications to other regulatory agencies, then such petitions or applications, properly cross-referenced in item B, may be submitted in lieu of the specific filing requirements.
R. Such additional information that the staff or commission may require in a particular case.
S. If a filing requirement does not apply, it shall be so stated with an explanation why it does not apply.
History
- Statutory Authority: MS s 216B.08; 216B.49
Minn. R. 7825.1500 Additional Information to Be Filed
Two copies of the following information shall be filed when or as available:
A. a copy of the final registration statement, if any, and financial exhibits made a part thereof, filed with the Securities and Exchange Commission in accordance with the Securities Act of 1933; and
B. if an invitation for sealed written public proposals for the purchase or underwriting of such securities has been made, a summary of the terms of the proposals received, including the name of each bidder or representative of a bidding group, the interest or dividend rate specified, where applicable, the price to be paid the issuer per unit or $100 principal amount, the cost of money to the issuer, except in the case of common stock, the name of the successful bidder, and the successful bidder's initial public offering price and the resulting yield to the public, except in the case of common stock.
History
- Statutory Authority: MS s 216B.08; 216B.49
Minn. R. 7825.1600 Definitions for Approval to Acquire Property
Subpart 1. Scope.
For the purpose of parts 7825.1600 to 7825.1800, the following definitions shall apply.
Subp. 2. Consolidation.
"Consolidation" means the combination of the assets and liabilities of a public utility with another public utility.
Subp. 3. Consideration.
"Consideration" means anything of value given as an equivalent or a return for the property acquired.
Subp. 4. Merger.
"Merger" means the acquisition of the assets or the assets and liabilities or the equity securities of a public utility by a public utility.
Subp. 5. Party.
"Party" means all persons, partnerships, corporations, or other business entities or their representatives whose approval is necessary to consummate the transaction.
Subp. 6. Public utility.
"Public utility" is as defined in Minnesota Statutes, section 216B.02, subdivision 4, but not including cooperative electric associations.
Subp. 7. Transaction.
"Transaction" means the consummation of a transfer of property, of a merger, or of a consolidation.
Subp. 8. Transfer of property.
"Transfer of property" means the sale or acquisition of an operating unit or system for a consideration valued at greater than $100,000; or if a rental or lease, for consideration greater than $100,000 over the life of the rental or lease.
History
- Statutory Authority: MS s 216B.08; 216B.50
Minn. R. 7825.1700 Procedure for Approval to Acquire Property
A public utility, prior to entering into a transaction, shall petition for and receive from the commission by formal written order approval for such transaction. A petition for approval of capital structure (parts 7825.1000 to 7825.1500) shall be filed concurrently with the petition for approval of transfer, merger, or consolidation if consideration for such a transaction is a security or securities as defined in part 7825.1000. The commission may require an independent valuation of the property involved in the transaction.
History
- Statutory Authority: MS s 216B.08; 216B.50
Minn. R. 7825.1800 Filing Requirements for Petitions to Acquire Property
Petitions for approval to acquire property shall contain one original and three copies of the following information, either in the petition or as exhibits attached thereto:
A. Petitions for approval of a merger or of a consolidation shall be accompanied by the following: the petition signed by all parties; all information, for each public utility, as required in parts 7825.1400 and 7825.1500; the detailed reasons of the petitions and each party for entering into the proposed transaction, and all facts warranting the same; the full terms and conditions of the proposed merger or consolidation.
B. Petitions for approval of a transfer of property shall be accompanied by the following: all information as required in part 7825.1400, items A to J; the agreed upon purchase price and the terms for payment and other considerations.
C. A description of the property involved in the transaction including any franchises, permits, or operative rights, and the original cost of such property, individually or by class, the depreciation and amortization reserves applicable to such property, individually or by class. If the original cost is unknown, an estimate shall be made of such cost. A detailed description of the method and all supporting documents used in such estimate shall be submitted.
D. Other pertinent facts or additional information that the commission may require.
History
- Statutory Authority: MS s 216B.08; 216B.50
Minn. R. 7825.1900 Definitions for Regulation of Affiliated Interests
Subpart 1. Scope.
For the purpose of parts 7825.1900 to 7825.2300, the following definitions shall apply.
Subp. 2. Affiliated interest.
"Affiliated interest" is as defined in Minnesota Statutes, section 216B.48, subdivision 1.
Subp. 3. Agreement.
"Agreement" means a contract duly executed and legally binding on the public utility and the affiliated interest.
Subp. 4. Contract, arrangement.
"Contract" or "arrangement" means a mutual obligation, written or unwritten, between a public utility and an affiliated interest.
Subp. 5. Consideration.
"Consideration" means the value of the contract or agreement expressed in dollars.
Subp. 6. Person.
"Person" means the beneficial owner of any voting securities or any person directly or indirectly in control of such voting securities. A person shall be considered to directly or indirectly in control of such voting securities including, but not limited to, voting securities owned or held by a relative or spouse or relative of the spouse residing in the home of such person; or voting securities owned or held by such person as a trustee, lessee, executor, or through any associate person controlling, controlled by, or under common control with such person in which such person owns five percent or more of the voting securities of a public utility.
Subp. 7. Public utility.
"Public utility" is as defined in Minnesota Statutes, section 216B.02, subdivision 4, but not including a cooperative electric association.
Subp. 8. Staff.
"Staff" means the staff of the Department of Commerce.
Subp. 9. Voting security.
"Voting security" means any equity security or similar security with the power, presently exercisable, to vote for the election of directors; or any security presently convertible into such a security; or a warrant, option, or right, presently exercisable, to obtain such a security.
History
- Statutory Authority: MS s 216B.08; 216B.48
- History: L 2001 1Sp4 art 6 s 1
Minn. R. 7825.2000 Procedure for Regulation of Affiliated Interest
A corporation or person shall be deemed to be an affiliated interest:
A. if such corporation or person owns or controls or has the right to acquire through the exercise of presently exercisable options, warrants, or rights; or through the conversion of securities or otherwise, five percent or more of the voting securities of the public utility; where
B. the securities subject to such options, warrants, rights, or conversion privileges held by such corporation or person shall be deemed to be outstanding for the purpose of computing the percentage of outstanding voting securities owned or controlled by such corporation or person but shall not be deemed to be outstanding for the purpose of computing the percentage owned by any other corporation or person.
History
- Statutory Authority: MS s 216B.08; 216B.48
Minn. R. 7825.2100 [Repealed, 24 SR 645]
[Repealed, 24 SR 645]
Minn. R. 7825.2200 Utilities with Affiliated Interests; Filing
Each public utility shall file with the commission:
A. By April 1 of each year:
B. Petitions for approval of affiliated interest contracts or agreements accompanied by the following:
C. Within 30 days of the effective date of this part, a list of all contracts and agreements between the reporting public utility and all affiliated interests which were in effect prior to January 1, 1975, and which have continued beyond that date. Such list shall contain:
History
- Statutory Authority: MS s 216B.08; 216B.48
Minn. R. 7825.2300 Records for Regulating Affiliated Interests
Each public utility with contracts or agreements outstanding with affiliated interests, regardless of the amount of the consideration, shall maintain and provide the following records for inspection by the staff:
A. a copy of all contracts or agreements between the public utility and affiliated interests;
B. an accounting ledger and appropriate supporting documents for each contract or agreement showing by month: the consideration received by the affiliated interest; the relevant costs incurred by the affiliated interest in fulfilling the contract or agreement, and verified as to their accuracy and completeness by such affiliated interest; and the estimated percent and the amount of the contract or of the agreement completed and the method of determining such estimate. Such records shall be available to the staff during normal business hours at the principal office of the public utility in this state.
History
- Statutory Authority: MS s 216B.08; 216B.48
Minn. R. 7825.2390 Purpose
The purpose of parts 7825.2390 to 7825.2920 is to enable regulated gas and electric utilities to adjust rates to reflect changes in the cost of energy delivered to customers from those costs authorized by the commission in the utility's most recent general rate case. Energy costs included in rate schedules are subject to evidentiary hearings in general rate cases filed by the utility. Proposed energy cost adjustments must be submitted to the Department of Commerce. Annual evaluations of energy cost adjustments are made by the Department of Commerce and others as provided for in parts 7825.2390 to 7825.2920.
When a utility proposes new or revised electric energy or purchased gas adjustment provisions, the proposal is considered a change in rates and must be reviewed according to commission rules and practices relating to utility rate changes.
History
- Statutory Authority: MS s 216B.03; 216B.05; 216B.08; 216B.16
- History: 9 SR 1204; 14 SR 977; L 2001 1Sp4 art 6 s 1
Minn. R. 7825.2400 Definitions
Subpart 1. Scope.
The terms used in parts 7825.2390 to 7825.2920 have the meanings given them in this part.
Subp. 2. Annual sales volume.
"Annual sales volume" is the sum of the Mcf, Ccf, or Btu of gas delivered during the most recent 12 months, for which actual data are available, preceding a change in the demand-delivered gas cost.
Subp. 3. Annual demand volume.
"Annual demand volume" is the annual sales volume adjusted by an average percentage change in sales computed over the preceding three-year period, normalized for weather. Annual demand volume includes interruptible sales to the extent that demand cost is incurred to service interruptible customers.
Subp. 4. Base electric cost.
"Base electric cost" is the cost of fuel consumed in the generation of electricity and the cost of purchased power in the base period expressed as a cost per kilowatt-hour sold.
Subp. 4a. Base gas cost.
"Base gas cost" is the cost of purchased gas established in the base period and expressed as a cost per Mcf, Ccf, or Btu sold.
Subp. 5. Base period.
"Base period" is the 12-month period during which the automatic adjustment of charges is set at zero.
Subp. 5a. Btu.
"Btu" means British thermal unit.
Subp. 6.
[Repealed, 14 SR 977]
Subp. 6a. Ccf.
"Ccf" means 100 cubic feet.
Subp. 6b. Commission.
"Commission" means the Public Utilities Commission.
Subp. 6c. Commodity.
"Commodity" means the volume of gas delivered.
Subp. 6d. Commodity-delivered gas cost.
"Commodity-delivered gas cost" is the portion of the cost of purchased gas charged a distributing gas utility for its gas supplies and supply-related services, as defined in subpart 12, that is a function of the volume of gas taken. It refers to the cost of purchased gas, including associated costs incurred to deliver the gas to the utility's distribution system.
Subp. 7. Cost of energy purchased.
"Cost of energy purchased" is the cost of purchased power and net interchange defined by the Minnesota uniform system of accounts, class A and B electric utilities, account 555 and purchased under federally regulated wholesale rates for energy delivered through interstate facilities. All electric public utilities shall use this definition regardless of class.
Subp. 8. Cost of fossil fuel.
"Cost of fossil fuel" is the current period withdrawals from account 151 as defined by the Minnesota uniform system of accounts, class A and B utilities. All electric public utilities shall use this definition regardless of class.
Subp. 9. Cost of fuel consumed in the generation of electricity.
"Cost of fuel consumed in the generation of electricity" is the cost of fossil and nuclear fuel.
Subp. 10. Cost of fuel consumed in manufacture of gas; peak shaving gas volumes.
"Cost of fuel consumed in the manufacture of gas" or "peak shaving gas volumes" is the withdrawals, during the heating season, from account 151 as defined by the Minnesota uniform system of accounts, class A and B gas utilities. All gas public utilities shall use this definition regardless of class.
Subp. 11. Cost of nuclear fuel.
"Cost of nuclear fuel" is the current period charges and credits to account 518, of the Minnesota uniform system of accounts, class A and B electric utilities excluding any expenses for the cost of fossil fuel. All electric public utilities shall use this definition regardless of class.
Subp. 12. Cost of purchased gas; incorporation by reference.
"Cost of purchased gas" is the cost of gas as defined by the Minnesota uniform system of accounts, class A and B gas utilities, including accounts 800, 801, 802, 803, 804, 804.1, 805, 805.1, 808.1, 809.1, 810, 854, and 858 for energy purchased, as provided by Code of Federal Regulations, title 18, part 201, as amended through April 1, 1988. These accounts are incorporated by reference. The cost of purchased gas also includes the normal and ordinary cost of injection and withdrawal of gas from storage at the time of withdrawal. All gas public utilities shall use this definition regardless of class.
Subp. 13. Current period.
"Current period" is the most recent two-month moving average used by electric utilities in computing an automatic adjustment of charges. Upon approval of the commission, a self-billing utility may use a longer period, not to exceed 12 months, provided that the provision contains a settlement procedure.
Subp. 13a. Demand.
"Demand" means the maximum daily volumes of gas that the utility has contracted with a supplier or transporter to receive.
Subp. 13b. Demand-delivered gas cost.
"Demand-delivered gas cost" is the portion of the cost of purchased gas charged a distributing gas utility for its gas supplies and supply-related services, as defined in subpart 12, other than the commodity-delivered gas cost. It refers to the cost of purchased gas, including associated costs incurred to deliver the gas to the utility's distribution system.
Subp. 13c. Department.
"Department" means the Department of Commerce.
Subp. 13d. Design day.
"Design day" means a 24-hour-day period of the greatest possible gas requirement to meet firm customer needs.
Subp. 14.
[Repealed, 14 SR 977]
Subp. 15. Kilowatt-hour sales.
"Kilowatt-hour sales" is the kilowatt-hour delivered during the current or base period less interchange sales. This is the divisor used to obtain current period cost and base period cost per Kwh in part 7825.2600.
Subp. 15a. Kwh.
"Kwh" means kilowatt-hour.
Subp. 15b. Mcf.
"Mcf" means 1,000 cubic feet.
Subp. 16. Prime interest rate.
"Prime interest rate" means the average of the daily prime lending rates offered to preferred customers at the largest bank in the ninth federal reserve district during the period. The largest bank is that bank with the greatest total outstanding deposits as of the end of the calendar year preceding the notice of change in rates.
Subp. 17. Public utilities.
"Public utilities" is as defined by Minnesota Statutes, section 216B.02, subdivision 4.
Subp. 18. Test year.
"Test year" is the period of 12 consecutive months used for evaluating a need for a change in rates.
Subp. 19. Test year demand volume.
"Test year demand volume" is the amount of demand approved by the commission and occurring during the test year.
History
- Statutory Authority: MS s 216B.03; 216B.05; 216B.08; 216B.16
- History: 9 SR 1204; 14 SR 977; L 2001 1Sp4 art 6 s 1
Minn. R. 7825.2500 Automatic Adjustment of Charges; Types
The commission shall permit the filing of rate schedules containing provisions for the automatic adjustment of charges provided the provisions conform to parts 7825.2600 to 7825.2920. Parts 7825.2390 to 7825.2920 are applicable to all classes of public utilities.
Provisions for automatic adjustment of charges must encompass:
A. Changes in cost resulting from changes in the federally regulated wholesale rate for energy purchased and changes in the cost of fuel consumed in the generation of electricity. This provision is entitled electric energy adjustment.
B. Changes in cost resulting from changes in the commodity-delivered gas cost and demand-delivered gas cost for purchased gas and changes in the cost of fuel consumed in the manufacture of gas or peak shaving gas volumes. This provision is entitled purchased gas adjustment.
History
- Statutory Authority: MS s 216B.03; 216B.05; 216B.08; 216B.16
- History: 9 SR 1204; 14 SR 977
Minn. R. 7825.2600 Electric Energy Adjustment
Subpart 1. Computation generally.
The computations of the automatic adjustment to charges must conform to the procedures set forth in this part.
The amount of the billing period adjustment to charges must be determined by extending kilowatt-hour sales in the billing period by an adjustment per Kwh. The adjustment per Kwh or the amount of the adjustment must be stated on the customer's bill to comply with parts 7820.3500 and 7820.3600.
Subp. 2. Adjustment per Kwh.
The adjustment per Kwh is the sum of the current period cost of energy purchased and cost of fuel consumed per Kwh less the base electric cost per Kwh. However, a utility that purchases at least 75 percent of its annual total Kwh sales may also separately add, upon commission approval, an additional adjustment per Kwh equal to the difference between the purchased demand cost and the base electric cost of purchased demand. This purchased demand cost adjustment is to be computed annually for the previous year less the demand base electric cost per Kwh.
Subp. 3. When adjustments calculated, applied.
The adjustment to charges must be made in the next complete billing period succeeding the determination of the adjustment per Kwh, provided the adjustment has been filed as defined by part 7825.2900. The adjustment factor must be calculated monthly. However, a self-billing utility may calculate the adjustment less frequently, upon commission approval but at least annually, and shall provide for a settlement procedure. The adjustment must be applied each month. The adjustment amount must be rounded such that the projected recovery is within two percent of the change in total cost.
History
- Statutory Authority: MS s 216B.03; 216B.05; 216B.08; 216B.16
- History: 9 SR 1204; 14 SR 977
Minn. R. 7825.2700 Purchase Gas Charges, Automatic Adjustment
Subpart 1. Computation generally.
The computation of the automatic adjustment of charges must conform to the procedures set forth in this part.
The amount of the billing period adjustment to charges must be determined by applying an adjustment per Mcf, Ccf, or Btu to Mcf, Ccf, or Btu sales in the billing period. The adjustment per Mcf, Ccf, or Btu or the amount of the adjustment must be stated on the customer's bill to comply with parts 7820.3500 and 7820.3600.
Subp. 2. New base gas cost.
A new base gas cost must be submitted as a miscellaneous rate change to coincide with the implementation of interim rates during a general rate proceeding. A new base gas cost must also be part of the rate design compliance filing submitted as a result of a general rate proceeding. The base gas cost must separately state the commodity base cost and the demand base cost components for each class. The base gas cost for each class is determined by dividing the estimated base period cost of purchased gas for each class by the estimated base period annual sales volume for each class.
Subp. 3. Adjustment per Mcf, Ccf, or Btu.
The adjustment per Mcf, Ccf, or Btu is the sum of the commodity adjustment, demand adjustment, peak shaving gas adjustment, manufactured gas adjustment, and true-up adjustment. The adjustment per Mcf, Ccf, or Btu must be applied to billings whenever the change in commodity-delivered gas cost and demand-delivered gas cost exceeds $0.03 per 1,000,000 Btu's. Subject to commission approval, a gas utility may include in its rate schedules a provision to apply an automatic adjustment of charges to billings on a more frequent basis to reflect changes in the commodity-delivered gas cost or in the demand-delivered gas cost. If there has been no automatic adjustment of charges for three months, the adjustment must be made three months from the date of the last adjustment. Adjustments must be filed under part 7825.2910.
Subp. 4. Commodity adjustment.
The commodity adjustment is the change in the commodity rate which results from a difference between the commodity-delivered gas cost and the commodity base cost. To properly reflect adjustment per Mcf, Ccf, or Btu billed, the divisor for a particular class of customer must include total sales volume forecasted to be delivered to that class of customer over a budgeted 12-month period.
Subp. 5. Demand adjustment.
The demand adjustment is the change in the annual demand rate which results from a difference between the demand-delivered gas cost and the demand base cost. In the event the demand-delivered gas cost does not change, the demand adjustment must be recalculated for each 12-month period from the date of the last change. The adjustment must be computed using test year demand volumes for three years after the end of the utility's most recent general rate case test year. After this time period, the demand adjustment must be computed on the basis of annual demand volume.
If a customer class is billed separately for demand, the demand adjustment must be computed on the basis of the demand component of the rate for that class and applied to the demand charge.
Subp. 6. Peak shaving and manufactured gas adjustment.
The peak shaving adjustment or the manufactured gas adjustment is the difference between the cost of propane or fuel consumed in the manufacture of gas during the heating season and the peak shaving or manufactured gas base cost. The peak shaving or manufactured gas adjustment must be computed annually on the basis of forecasted firm annual sales volume, adjusted to the extent peak shaving gas or manufactured gas is used to serve interruptible customers; and to that extent the cost of peak shaving gas or manufactured gas must be applied to interruptible customers. The adjustment must be applied to billings during the next 12-month period commencing on September 1 of each year provided the adjustment has been filed under part 7825.2910.
Subp. 7. True-up amount.
The true-up amount is the difference between the commodity and demand gas revenues by class collected by the utility and the actual commodity-delivered gas cost and demand-delivered gas cost by class incurred by the utility during the year. The true-up adjustment must be computed annually for each class by dividing the true-up amount by the forecasted sales volumes and applied to billings during the next 12-month period beginning on September 1 each year, provided that the adjustment has been filed under part 7825.2910, subpart 3.
Subp. 8. Refunds.
Refunds and interest on the refunds, that are received from the suppliers or transporters of purchased gas and attributable to the cost of gas previously sold, must be annually refunded by credits to bills, except that cumulative refund amounts equal to or greater than $5 per customer must be refunded within 90 days from the date the refund is received from a supplier or transporter. Refunds must be allocated to customer classes in proportion to previously charged costs of purchased gas. Within classes, the refund amount per unit must be applied to bills on the basis of individual 12-month usage. The utility shall add interest to the unrefunded balance at the prime interest rate.
History
- Statutory Authority: MS s 216B.03; 216B.05; 216B.08; 216B.16
- History: 9 SR 1204; 14 SR 977
Minn. R. 7825.2800 Annual Reports; Policies and Actions
All public utilities shall file annually on September 1 of each year the procurement policies for selecting sources of fuel and energy purchased, dispatching policies, if applicable, and a summary of actions taken to minimize cost including conservation actions for gas utilities.
History
- Statutory Authority: MS s 216B.03; 216B.05; 216B.08; 216B.16
- History: 9 SR 1204; 14 SR 977
Minn. R. 7825.2810 Annual Report; Automatic Adjustment Charges
Subpart 1. Gas and electric utilities.
By September 1 of each year, gas and electric utilities shall submit to the commission an annual reporting by month of automatic adjustment charges for each customer class for the previous year commencing July 1 and ending June 30. This report must include:
A. the commission-approved base cost of fuel or gas as defined by part 7825.2400, subpart 4 or 4a;
B. billing adjustment amounts, such as Kwh, Mcf, Ccf, or Btu, charged customers for each type of energy cost, such as nuclear, coal, purchased power, purchased gas by major component, peak shaving gas, or manufactured gas;
C. billing adjustment amounts, by gas supplier, that were used to bill the utility during the reporting period;
D. the total cost of fuel or gas delivered to customers including, for gas utilities, the cost of supply-related services;
E. the revenues collected from customers for energy delivered;
F. the amount of supplier refunds received as defined by part 7825.2700; and
G. the amount of refunds credited to customers.
Subp. 2. Additional information from gas utilities.
In addition to the requirements in subpart 1, gas utilities are required to report:
A. purchased gas adjustment rule variances in effect or requested during the 12-month reporting period and reasons why those variances were necessary;
B. changes in demand contracted for during the reporting period and reasons for those revisions;
C. the level of customer-owned gas volumes delivered through the utility's distribution system under retail transportation tariffs during the reporting period; and
D. a brief explanation of deviations between gas cost recovery and actual gas cost during the reporting period.
History
- Statutory Authority: MS s 216B.03; 216B.05; 216B.08; 216B.16
- History: 9 SR 1204; 14 SR 977
Minn. R. 7825.2820 Annual Auditor's Report
By September 1 of each year, all gas and electric utilities shall submit to the commission an independent auditor's report evaluating accounting for automatic adjustments for the prior year commencing July 1 and ending June 30 or any other year if requested by the utility and approved by the commission. The commission shall approve the request unless it finds that to do so would seriously affect the administration of the automatic adjustment reporting program.
History
- Statutory Authority: MS s 216B.03; 216B.05; 216B.08
- History: 9 SR 1204
Minn. R. 7825.2830 Annual Five-Year Projection
By September 1 of each year, electric utilities shall submit to the commission a five-year projection of fuel costs by energy source by month for the first two years and on an annual basis thereafter.
By September 1 of each year, each gas utility shall submit to the commission a brief statement of its opinion on the impact of market forces on gas costs for the coming year.
History
- Statutory Authority: MS s 216B.03; 216B.05; 216B.08; 216B.16
- History: 9 SR 1204; 14 SR 977
Minn. R. 7825.2840 Annual Notice of Reports Availability
By September 1 of each year, all gas and electric utilities shall provide notice of the availability of the reports defined in parts 7825.2800 to 7825.2830 to all intervenors in the previous two general rate cases.
History
- Statutory Authority: MS s 216B.03; 216B.05; 216B.08
- History: 9 SR 1204
Minn. R. 7825.2850 Annual Commission Meeting
The commission shall annually conduct a separate meeting to review the automatic adjustment of charges reported herein.
History
- Statutory Authority: MS s 216B.03; 216B.05; 216B.08
- History: 9 SR 1204
Minn. R. 7825.2900 Filing by Electric Utilities
Subpart 1. Filing required.
When an electric utility changes its automatic adjustment of charges, the utility, before the effective date of the change, shall file:
A. a summary of the computation of the adjustment;
B. an explanation of significant changes between the base cost and current cost quantified as to price, mix, thermal efficiency, and distribution loss; and
C. a computation of standard cost for the current reporting period, if available. The standard cost for this computation may be either the planned or budgeted cost of fuel or simulation of the cost of fuel under normal operating and purchasing limits for the adjustment period or current period.
Subp. 2.
[Repealed, 14 SR 977]
Subp. 3.
[Repealed, 14 SR 977]
Subp. 4.
[Repealed, 14 SR 977]
History
- Statutory Authority: MS s 216B.03; 216B.05; 216B.08; 216B.16
- History: 14 SR 977
Minn. R. 7825.2910 Filing by Gas Utilities
Subpart 1. Monthly reports.
Gas utilities shall submit monthly to the department purchased gas adjustment reports, which must include:
A. a summary of adjustments that were implemented in the previous month and the computation of each adjustment;
B. an explanation of significant changes between the base gas cost and current cost, quantified as to changes in price and source of gas;
C. the estimated previous month's and year-to-date commodity-delivered gas cost by supplier;
D. estimated gas volumes purchased from suppliers whose gas rates are not regulated by the Federal Energy Regulatory Commission; and
E. estimated costs of gas purchased in item D expressed as a percentage of all commodity-delivered gas costs and demand-delivered gas costs. The department shall summarize the monthly reports every three months and submit the summary to the commission for review.
Subp. 2. Filing upon change in demand.
Gas utilities shall file for a change in demand to increase or decrease demand, to redistribute demand percentages among classes, or to exchange one form of demand for another. A filing must contain:
A. a description of the factors contributing to the need for changing demand;
B. the utility's design-day demand by customer class and the change in design-day demand, if any, necessitating the demand revision;
C. a summary of the levels of winter versus summer usage for all customer classes; and
D. a description of design-day gas supply from all sources under the new level, allocation, or form of demand.
Subp. 3. Notice.
A gas utility shall provide notice to the intervenors in its previous two general rate cases of the availability of the change in demand filing when it submits the filing to the department.
Subp. 4. True-up filing.
Gas utilities shall file and implement on September 1 of each year the true-up adjustment computed under part 7825.2700, subpart 7, for the previous year commencing July 1 and ending June 30.
History
- Statutory Authority: MS s 216B.08; 216B.16
- History: 14 SR 977
Minn. R. 7825.2920 Approval for Automatic Adjustment of Charges
Subpart 1. Approval.
Automatic adjustment of charges filed under parts 7825.2900 and 7825.2910 are provisionally approved and may be placed into effect without commission action, but subject to the conditions in subparts 2 and 3.
Subp. 2. Errors.
Errors made in adjustment must be refunded by check or credits to bills to the consumer in an amount not to exceed the amount of the error plus interest computed at the prime rate upon the order of the commission if (1) the order is served within 90 days after the receipt of the filing defined in part 7825.2900 or 7825.2910 or at the end of the next major rate proceeding, whichever is later, and (2) the amount of the error is greater than five percent of the corrected adjustment charge.
Subp. 3. Commission action.
The commission, on complaint or on its own motion, and after appropriate investigation, notice, and hearing, may issue an order to fix at current levels, discontinue, or modify an automatic adjustment provision for an individual utility.
History
- Statutory Authority: MS s 216B.08; 216B.16
- History: 14 SR 977
Minn. R. 7825.3000 [Repealed, 14 SR 977]
[Repealed, 14 SR 977]
Minn. R. 7825.3100 Definitions for Changes in Rates
Subpart 1. Scope.
For the purposes of parts 7825.3100 to 7825.3600 and parts 7825.3800 to 7825.4500, the following definitions shall apply.
Subp. 2. Average.
"Average" means a 13-month average or a simple average of beginning and end of year data when data is not available to calculate a 13-month average.
Subp. 3. Average prime interest rate.
"Average prime interest rate" means the average of the daily prime lending rates offered to preferred customers at the largest bank in the Ninth Federal Reserve District during the period the utility's proposed rates are suspended. The largest bank is that bank with the greatest total outstanding deposits as of the end of the calendar year preceding the notice of change in rates.
Subp. 4. Capital structure.
"Capital structure" means the total capitalization of the public utility as defined in Minnesota Statutes, section 216B.49, subdivision 2, and including short-term securities.
Subp. 5. Embedded cost.
"Embedded cost" of long-term debt or preferred stock means the average cost for all outstanding issues of debt or preferred stock at a given date.
Subp. 6. General rate change.
"General rate change" means an overall change in rates for which the determination of the utility's gross revenue requirements is necessary in assessing the appropriateness of the change in rates.
Subp. 7. Gross revenue conversion factor.
"Gross revenue conversion factor" means the incremental amount of gross revenue required to generate an additional dollar of operating income.
Subp. 8. Jurisdictional.
"Jurisdictional" means the utility's total Minnesota operations.
Subp. 9. Miscellaneous rate change.
"Miscellaneous rate change" means a change in any compensation, charge, fare, toll, tariff, rental or classification, demanded, observed, charged, or collected for any service and any rules, regulations, practices, or contracts affecting any such compensation, charge, fare, toll, rental, tariff, or classification for which a determination of the utility's gross revenue requirements is not necessary in determining the reasonableness of a proposed change in rates. Miscellaneous rate changes as used herein shall not include changes in amounts charged which the utility has effectuated pursuant to an existing automatic adjustment clause in accordance with the provisions of parts 7825.2400 to 7825.2920.
Subp. 10. Most recent fiscal year.
"Most recent fiscal year" is the utility's prior fiscal year unless notice of a change in rates is filed with the commission within the last three months of the current fiscal year and at least nine months of historical data is available for presentation of current fiscal year financial information, in which case the most recent fiscal year is deemed to be the current fiscal year.
Subp. 11. Projected change.
"Projected change" means the change from the normalized most recent fiscal year reflecting growth and known changed operating conditions from those existing in the most recent year.
Subp. 12. Projected fiscal year.
"Projected fiscal year" is the fiscal year immediately following the most recent fiscal year.
Subp. 13. Proposed.
"Proposed" means utility-proposed.
Subp. 14. Rate.
"Rate" is as defined in Minnesota Statutes, section 216B.02, subdivision 5.
Subp. 15. Rate base.
"Rate base" for the most recent fiscal year and the projected fiscal year shall be an original cost rate base.
Subp. 16. Short-term debt.
"Short-term debt" means short-term security as defined in part 7825.1000.
Subp. 17. Test year.
"Test year" is the 12-month period selected by the utility for the purpose of expressing its need for a change in rates.
Subp. 18. Total utility.
"Total utility" when used to describe information requirements, means either: the combined jurisdictional and, if any, nonjurisdictional gas or electric operations of a utility, and excluding nonutility property; or the gas or electric operations of a utility's wholly owned subsidiary operating within Minnesota and excluding nonutility operations.
Subp. 19. Utility.
"Utility" is defined as in Minnesota Statutes, section 216B.02, subdivision 4, and shall include the controlling corporation of any Minnesota public utility.
Subp. 20. Weighted cost of capital.
"Weighted cost of capital" is the total cost of capital determined by weighting the cost of each component of the capital structure by the ratio of the capital represented by that component to total capital.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.16
Minn. R. 7825.3200 Notice of Change in Rates
A utility filing for a change in rates shall serve notice to the commission at least 90 days prior to the proposed effective date of the modified rates. Such notice shall include the items prescribed below for:
A. general rate changes:
B. miscellaneous rate changes:
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.16
Minn. R. 7825.3300 Methods and Procedures for Refunding
In the event that a hearing is ordered by the commission as a result of a change in rates and proposed rates are suspended, the commission shall allow the utility to place suspended rates into effect as to services to be rendered on or subsequent to the effective date of the change in rates, subject to refund of the increase in rates or part thereof determined to be unreasonable by the commission provided that the payment of refunds is insured under either of the following methods: file with the commission a bond, signed by an authorized official of the utility, in an amount and with sureties approved by the commission; or file with the commission an unqualified agreement, signed by an authorized official of the utility, to refund any portion of the increase in rates determined to be unreasonable together with interest thereon.
Any increase in rates or part thereof determined by the commission to be unreasonable shall be refunded to customers or credited to customers' accounts within 90 days from the effective date of the commission order and determined in a manner prescribed by the commission including interest at the average prime interest rate computed from the effective date of the proposed rates through the date of refund or credit.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.16
Minn. R. 7825.3400 Procedures Subsequent to Notice
Any amended notice must be served at least 90 days prior to the proposed effective date of modified rates. If a notice or an amended notice is complete in all material respects as prescribed by parts 7825.3100 to 7825.4400, the commission shall follow the procedures outlined in the rules of practice, parts 7829.0100 to 7829.3200. Upon acceptance of the notice and the determination that a hearing must be conducted, but before the proposed effective date of the modified rate schedules, the commission may, by written directive, explaining the reasons therefor, signed by the authority of the commission, and served upon the utility, suspend the operation of the utility's modified rate schedules but not for a longer period than 90 days beyond the time when the modified rates would otherwise go into effect unless the commission finds that a longer time will be required, in which case the commission may further extend the period for not to exceed a total of nine months. Such directive must include authority for the utility to place suspended rates into effect, subject to refund, provided that the bond and sureties or that the agreement to refund as specified in part 7825.3300 is approved by the commission.
History
- Statutory Authority: MS s 216B.08; 216B.09; 216B.16
- History: 26 SR 1438
Minn. R. 7825.3500 Proposal for Change in Rates
The utility's proposal for a change in rates shall summarize the notice of change in rates and shall include the following information:
A. name, address, and telephone number of the utility without abbreviation and the name and address and telephone number of the attorney for the utility, if there be one;
B. date of filing and date modified rates are effective;
C. description and purpose of the change in rates requested;
D. effect of the change in rates expressed in gross revenue dollars and as a percentage of test year gross revenue; and
E. signature and title of utility officer authorizing the proposal.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.16
Minn. R. 7825.3600 Modified Rates
All proposed changes in rates shall be shown by filing revised or new pages to the rate book previously filed with the commission and by identifying those pages which were not changed. Each revised or new page of the rate book shall contain the information required for each page of the rate book and shall be in a format consistent with the currently filed rate book. In addition, each revised page shall contain the revision number and the page number of the revised page.
History
- Statutory Authority: MS s 216B.16
Minn. R. 7825.3700 Expert Opinions and Supporting Exhibits
Expert opinions and supporting exhibits shall include written statements, in question and answer format, together with supporting exhibits of utility personnel and other expert witnesses as deemed appropriate by the utility in support of the proposal. At a minimum, expert opinions shall include a statement by the chief executive officer or other designated official in support of the proposal. Supporting exhibits may be the same as those prescribed by parts 7825.3800 to 7825.4400 or may make reference where appropriate to the information requirements prescribed by parts 7825.3800 to 7825.4400.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.16
Minn. R. 7825.3800 Scope
The following information shall be supplied as a part of the utility's notice of a change in rates. Information requirements parts 7825.3900, 7825.4000, item A; 7825.4100, item A; 7825.4200, item A; and 7825.4300, items A and B as defined herein shall be supplied by all gas and electric utilities and all other information requirements prescribed by parts 7825.3800 to 7825.4400 shall be supplied where applicable to the utility. Illustrative forms for filing this information shall be available from the Minnesota Department of Commerce.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.16
- History: L 2001 1Sp4 art 6 s 1
Minn. R. 7825.3900 Jurisdictional Financial Summary Schedule
A jurisdictional financial summary schedule as required by part 7825.3800 shall be filed showing:
A. the proposed rate base, operating income, overall rate of return, and the calculation of income requirements, income deficiency, and revenue requirements for the test year;
B. the actual unadjusted average rate base consisting of the same components as the proposed rate base, unadjusted operating income, overall rate of return, and the calculation of income requirements, income deficiency, and revenue requirements for the most recent fiscal year; and
C. the projected unadjusted average rate base consisting of the same components as the proposed rate base, unadjusted operating income under present rates, overall rate of return, and the calculation of income requirements, income deficiency, and revenue requirements for the projected fiscal year.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.16
Minn. R. 7825.4000 Rate Base Schedules
The following rate base schedules as required by part 7825.3800 shall be filed:
A. A rate base summary schedule by major rate base component (e.g. plant in service, construction work in progress, and plant held for future use) showing the proposed rate base, the unadjusted average rate base for the most recent fiscal year and unadjusted average rate base for the projected fiscal year. The totals for this schedule shall agree with the rate base amounts included in the financial summary.
B. A comparison of total utility and Minnesota jurisdictional rate base amounts by detailed rate base component showing:
C. Adjustment schedules, if any, showing the title, purpose, and description and the summary calculations of each adjustment used in determining the proposed jurisdictional rate base.
D. A summary by rate base component of the assumptions made and the approaches used in determining average unadjusted rate base for the projected fiscal year. Such assumptions and approaches shall be identified and quantified into two categories: known changes from the most recent fiscal year and projected changes.
E. For multijurisdictional utilities only, a summary by rate base component of the jurisdictional allocation factors used in allocating the total utility rate base amounts to the Minnesota jurisdiction. This summary shall be supported by a schedule showing for each allocation factor the total utility and jurisdictional statistics used in determining the proposed rate base and the Minnesota jurisdictional rate base for the most recent fiscal year and the projected fiscal year.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.16
Minn. R. 7825.4100 Operating Income Schedules
The following operating income schedules as required by part 7825.3800 shall be filed:
A. A summary schedule of jurisdictional operating income statements which reflect proposed test year operating income, and unadjusted jurisdictional operating income for the most recent fiscal year and the projected fiscal year calculated using present rates.
B. For multijurisdictional utilities only, a schedule showing the comparison of total utility and unadjusted jurisdictional operating income statement for the test year, for the most recent fiscal year and the projected fiscal year. In addition, the schedule shall provide the proposed adjustments, if any, to jurisdictional operating income for the test year together with the proposed operating income statement.
C. For investor-owned utilities only, a summary schedule showing the computation of total utility and allocated Minnesota jurisdictional federal and state income tax expense and deferred income taxes for the test year, the most recent fiscal year, and the projected fiscal year. This summary schedule shall be supported by a detailed schedule, showing the development of the combined federal and state income tax rates.
D. A summary schedule of adjustments, if any, to jurisdictional test year operating income and detailed schedules for each adjustment providing an adjustment title, purpose and description of the adjustment, and summary calculations.
E. A schedule summarizing the assumptions made and the approaches used in projecting each major element of operating income. Such assumptions and approaches shall be identified and quantified into two categories: known changes from the most recent fiscal year and projected changes.
F. For multijurisdictional utilities only, a schedule providing, by operating income element, the factor or factors used in allocating total utility operating income to Minnesota jurisdiction. This schedule shall be supported by a schedule which sets forth the statistics used in determining each jurisdictional allocation factor for the test year, the most recent fiscal year, and the projected fiscal year.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.16
Minn. R. 7825.4200 Rate of Return Cost of Capital Schedules
The following rate of return cost of capital schedules as required by part 7825.3800 shall be filed:
A. A rate of return cost of capital summary schedule showing the calculation of the weighted cost of capital using the proposed capital structure and the average capital structures for the most recent fiscal year and the projected fiscal year. This information shall be provided for the unconsolidated parent and subsidiary corporations, or for the consolidated parent corporation.
B. Supporting schedules showing the calculation of the embedded cost of long-term debt, if any, and the embedded cost of preferred stock, if any, at the end of the most recent fiscal year and the projected fiscal year.
C. Schedule showing average short-term securities for the proposed test year, most recent fiscal year, and the projected fiscal year.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.16
Minn. R. 7825.4300 Rate Structure and Design Information
The following rate structure and design information as required by part 7825.3800 shall be filed:
A. A summary comparison of test year operating revenue under present and proposed rates by customer class of service showing the difference in revenue and the percentage change.
B. A detailed comparison of test year operating revenue under present and proposed rates by type of charge including minimum, demand, energy by block, gross receipts, automatic adjustments, and other charge categories within each rate schedule and within each customer class of service.
C. A cost-of-service study by customer class of service, by geographic area, or other categorization as deemed appropriate for the change in rates requested, showing revenues, costs, and profitability for each class of service, geographic area, or other appropriate category, identifying the procedures and underlying rationale for cost and revenue allocations. Such study is appropriate whenever the utility proposes a change in rates which results in a material change in its rate structure.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.16
Minn. R. 7825.4400 Other Supplemental Information
The following supplemental information as required by part 7825.3800 shall be filed:
A. Annual report to stockholders or members including financial statements and statistical supplements for the most recent fiscal year. If a utility is not audited by an independent public accountant, unaudited financial statements will satisfy this filing requirement.
B. For investor-owned utilities only, a schedule showing the development of the gross revenue conversion factor.
C. For cooperatives only, REA Form 7, Financial and Statistical Report for the last month of the most recent fiscal year.
D. For cooperatives only, REA Form 7A, Annual Supplement to Financial and Statistical Report.
E. For REA cooperatives only, REA Form 325, Financial Forecast.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.16
Minn. R. 7825.4500 Additional Information Requests
Upon review of a utility's notice of a change in rates or subsequent thereto, the commission may request a utility to provide additional information to supplement the information prescribed by parts 7825.3800 to 7825.4400 within a reasonable time as determined by the commission.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.16
Minn. R. 7825.4600 Waiver
The commission may waive any requirement contained in parts 7825.3100 to 7825.4400, upon written application, for good cause shown.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.16
Minn. R. 7825.4700 Definitions
Subpart 1. Scope.
For the purpose of parts 7825.4700 to 7825.5400, the following definitions shall apply.
Subp. 2. Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subp. 3. Federally regulated.
"Federally regulated" means the utility, excluding a municipally owned utility, which files an annual report, prescribed by the federal agency having ratemaking authority.
Subp. 4. FPC.
"FPC" means the Federal Power Commission or its successor agency in the federal Department of Energy.
Subp. 5. Public utility.
"Public utility" is defined in Minnesota Statutes, section 216B.02, subdivision 4, as amended by Laws 1978, chapter 795.
Subp. 6. REA.
"REA" means the Rural Electrification Administration of the United States Department of Agriculture.
Subp. 7. Minnesota regulated electric cooperative.
"Minnesota regulated electric cooperative" means a cooperative utility association which elects to have its rates and practices regulated by the commission, as provided in Laws 1978, chapter 795.
History
- Statutory Authority: MS s 216B.08; 216B.10
Minn. R. 7825.4800 Scope
Any public utility regulated under Minnesota Statutes, chapter 216B and subject to the provision of parts 7825.0200 to 7825.0400, Minnesota uniform system of accounts, is covered under the provisions of parts 7825.4700 to 7825.5400.
Each public utility shall file with the commission a completed annual report as hereinafter prescribed in parts 7825.4700 to 7825.5400 on or before May 1 of each year covering its operation for the preceding calendar year. In the event that a public utility has ceased operation through a merger or sale of any of its plant during the calendar year, each of the involved public utilities shall be responsible for filing an annual report with the commission which reflects the operations of the properties which were subject to such sale or merger.
Notwithstanding parts 7825.4700 to 7825.5400, the commission may require special report(s) concerning any matter under the jurisdiction of the commission.
History
- Statutory Authority: MS s 216B.08; 216B.10
Minn. R. 7825.4900 Federally Regulated Electric Utility; Report
Each electric public utility subject to federal regulation shall file with the commission one copy of the prescribed federal agency or authority annual report form, FPC Annual Report Form No. 1 or 1F, certified by a company officer. Reports by an electric public utility which has multistate operations shall provide information concerning its Minnesota jurisdictional operations on the schedules listed below:
A. summary of utility plant in service and accumulated depreciation and amortization reserves by primary account;
B. summary of the depreciation accrual for the year;
C. materials and supplies;
D. accumulated deferred income taxes;
E. accumulated investment tax credit;
F. statement of income for the year;
G. operating revenues;
H. operating and maintenance expenses; and
I. taxes accrued, prepaid, and charged during year. Statements shall be included setting forth the method or basis used in making allocations between jurisdictions.
History
- Statutory Authority: MS s 216B.08; 216B.10
Minn. R. 7825.5000 Federally Regulated Gas Utility; Report
Each gas public utility subject to federal regulation shall file with the commission one copy of the prescribed federal agency or authority annual report form, FPC Annual Report Form No. 2 or 2A, certified by a company officer. Reports by a gas public utility which has multistate operations shall provide information concerning its Minnesota operations on the schedules listed below:
A. summary of utility plant in service and accumulated depreciation and amortization reserves by primary account;
B. summary of the depreciation accrual for the year;
C. materials and supplies;
D. accumulated deferred income taxes;
E. accumulated investment tax credit;
F. statement of income for the year;
G. operating revenues;
H. operating and maintenance expenses; and
I. taxes accrued, prepaid, and charged during year. Statements shall be included setting forth the method or basis used in making allocations between jurisdictions.
History
- Statutory Authority: MS s 216B.08; 216B.10
Minn. R. 7825.5100 State-Regulated Electric Cooperative, Rea Corporation or Association; Report
Each Minnesota-regulated electric cooperative subject to REA regulation shall file with the commission one copy of the prescribed REA annual report form, REA Form No. 7 and Form No. 7A, certified by a cooperative officer. Reports by an electric cooperative which has multistate operations shall provide information concerning its Minnesota operations on the schedules listed below:
A. summary of utility plant in service and accumulated depreciation and amortization reserves by primary account;
B. summary of the depreciation accrual for the year;
C. materials and supplies;
D. accumulated investment tax credits;
E. statement of income for the year;
F. operating revenues;
G. operating and maintenance expenses; and
H. taxes accrued, prepaid, and charged during year. Statements shall be included setting forth the method or basis used in making allocations between jurisdictions.
History
- Statutory Authority: MS s 216B.08; 216B.10
Minn. R. 7825.5200 State-Regulated Electric Cooperative, Non-Rea Corporation or Association; Report
Each Minnesota-regulated electric cooperative not subject to REA regulation shall file with the commission one copy of the prescribed REA annual report form or the prescribed Minnesota annual report certified by a cooperative officer. Reports by an electric cooperative which has multistate operations shall provide information concerning its Minnesota operations on the schedules listed below:
A. summary of utility plant in service and accumulated depreciation and amortization reserves by primary account;
B. summary of the depreciation accrual for the year;
C. materials and supplies;
D. accumulated deferred income taxes;
E. accumulated investment tax credit;
F. statement of income for the year;
G. operating revenues;
H. operating and maintenance expenses; and
I. taxes accrued, prepaid, and charged during year. Statements shall be included setting forth the method or basis used in making allocation between jurisdictions.
History
- Statutory Authority: MS s 216B.08; 216B.10
Minn. R. 7825.5300 Nonfederally Regulated Public Utility; Report
Each electric or gas public utility not subject to federal regulation shall file with the commission one copy of the prescribed federal agency or authority annual report or the prescribed Minnesota annual report certified by a company officer. Reports by an electric or gas utility which has multistate operations shall provide information concerning its Minnesota operations on the schedules listed below:
A. summary of utility plant in service and accumulated depreciation and amortization reserves by primary account;
B. summary of the depreciation accrual for the year;
C. materials and supplies;
D. accumulated deferred income taxes;
E. accumulated investment tax credit;
F. statement of income for the year;
G. operating revenues;
H. operating and maintenance expenses;
I. taxes accrued, prepaid, and charged during year; and
J. operating revenues, firm and interruptible gas sales. Statements shall be included setting forth the method or basis used in making allocations between jurisdictions.
History
- Statutory Authority: MS s 216B.08; 216B.10
Minn. R. 7825.5400 Additional Reports
In addition to the above mentioned reports, each public utility shall also include with its annual report filing, a copy of any financial, statistical, or operational reviews or reports which public utility would prepare for distribution to stockholders, bondholders, patrons, or the appropriate governing authority.
History
- Statutory Authority: MS s 216B.08; 216B.10
Minn. R. 7825.5500 Definitions Applicable to Lobbying Expenditures
Subpart 1. Scope.
For the purpose of parts 7825.5500 to 7825.5700, the following definitions shall apply.
Subp. 2. Commission.
"Commission" means the Public Utilities Commission.
Subp. 3. Lobbying expenditure.
"Lobbying expenditure" means a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made for the purpose of influencing legislation or administrative action or supporting the election of any candidate to office. Lobbying expenditures also include the pro rata portion of salaries of lobbyists which represents the portion of their duties related to lobbying. Lobbying expenditures do not include any expense properly allowable under FPC Account 928, regulatory commission expenses.
Subp. 4. Lobbyist.
"Lobbyist" means any individual or association engaged for pay or other consideration or authorized by a public utility to spend money who spends more than five hours in any month or more than $250, not including travel expenses and membership dues, in any year, for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials. "Lobbyist" does not include any person engaged in formal rate cases before a regulatory body.
Subp. 5. Public utility.
"Public utility" is defined in Minnesota Statutes, section 216B.02, subdivision 4 and shall also include municipally owned utilities.
Subp. 6. Utility nonoperating expense.
"Utility nonoperating expense" means expenditures associated with activities other than those resulting from the regular activity of supplying energy and service to the consumer.
Subp. 7. Utility operating expense.
"Utility operating expense" means expenditures associated with the direct or regular activity of supplying energy and service to the consumer.
History
- Statutory Authority: MS s 216B.08; 216B.10; 216B.12
Minn. R. 7825.5600 Scope
Parts 7825.5500 to 7825.5700 apply to each public utility regulated under Minnesota Statutes, chapter 216B including each municipally owned utility. Each public utility shall maintain accounts and records relating to lobbying expenditures and make them available for inspection by the commission upon request.
History
- Statutory Authority: MS s 216B.08; 216B.10; 216B.12
Minn. R. 7825.5700 Accounting Treatment of Lobbying Expenditures
Each public utility shall cause subaccounts to be established for the sole purpose of recording lobbying expenditures. Lobbying expenditures for utility operating expense shall be charged to a subaccount of miscellaneous general expenses.
Lobbying expenditures for utility nonoperating expense shall be charged to a subaccount of other income deductions.
The above accounts shall be effective the first day of January of the year following the year in which this part becomes effective for any expenditures subsequent to that date.
History
- Statutory Authority: MS s 216B.08; 216B.10
Chapter 7826 ELECTRIC UTILITY STANDARDS
Minn. R. 7826.0100 Applicability
This chapter applies to all persons, corporations, or other legal entities engaged in the retail distribution of electric service to the public, with the following exceptions:
A. cooperative electric associations;
B. municipal utilities;
C. persons distributing electricity only to tenants or cooperative or condominium owners in buildings owned, leased, or operated by those persons;
D. persons distributing electricity only to occupants of a manufactured home or trailer park owned, leased, or operated by those persons; and
E. persons distributing electricity to fewer than 25 persons.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.0200 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given them in this part.
Subp. 2. Bulk power supply facility.
"Bulk power supply facility" means the interconnected system that encompasses the electric generation resource, transmission lines, transmission substations, and associated equipment that, upon a total, simultaneous, and sustained interruption, disrupts service to all distribution feeders exiting that substation when those distribution feeders do not have service restoration interconnections with alternate sources.
Subp. 3. Cold weather rule.
"Cold weather rule" means the set of protections against disconnection during the heating season set forth in Minnesota Statutes, sections 216B.096 and 216B.097.
Subp. 4. Customer average interruption duration index or CAIDI.
"Customer average interruption duration index" or "CAIDI" means 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, using storm-normalized data.
Subp. 5. Customer complaint.
"Customer complaint" means any call center communication by a utility customer in which the customer states a grievance related to the utility's provision of service to that customer.
Subp. 6. Interruption.
"Interruption" means an interruption of service to a customer with a duration greater than five minutes.
Subp. 7. Major service interruption.
"Major service interruption" means an interruption of service at the feeder level or above and affecting 500 or more customers for one or more hours.
Subp. 8. Resolved.
"Resolved," used in regard to customer complaints, means that the utility has examined the complainant's claims, conducted any necessary investigation, and done one of the following:
A. taken the action the customer requests;
B. taken an action the customer and the utility agree is an acceptable compromise;
C. provided the customer with information that demonstrates that the situation complained of is not reasonably within the control of the utility; or
D. refused to take the action the customer requested and communicated that refusal to the customer.
Subp. 9. Storm-normalized data.
"Storm-normalized data" means data that has been adjusted to neutralize the effects of outages due to major storms.
Subp. 10. System average interruption duration index or SAIDI.
"System average interruption duration index" or "SAIDI" means 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, using storm-normalized data.
Subp. 11. System average interruption frequency index or SAIFI.
"System average interruption frequency index" or "SAIFI" means 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, using storm-normalized data.
Subp. 12. Utility.
"Utility" means any person, corporation, or other legal entity engaged in the retail distribution of electric service to the public, with the following exceptions:
A. cooperative electric associations;
B. municipal utilities;
C. persons distributing electricity only to tenants or cooperative or condominium owners in buildings owned, leased, or operated by those persons;
D. persons distributing electricity only to occupants of a manufactured home or trailer park owned, leased, or operated by those persons; and
E. persons distributing electricity to fewer than 25 persons.
Subp. 13. Work center.
"Work center" means a portion of a utility's assigned service area that it treats as an administrative subdivision for purposes of maintaining and repairing its distribution system.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174; L 2009 c 110 s 37
Minn. R. 7826.0300 Safety Standards
Subpart 1. National Electrical Safety Code.
When constructing new facilities or reinvesting capital in existing facilities, utilities shall comply with the requirements stated at the time the work is done in the then most recently published edition of the National Electrical Safety Code, as published by the Institute of Electrical and Electronics Engineers, Inc. and approved by the American National Standards Institute. This code is incorporated by reference, is not subject to frequent change, and is conveniently available to the public through the statewide interlibrary loan system.
Subp. 2. Standards and recommended practices of the Institute of Electrical and Electronics Engineers, Inc. and the American National Standards Institute.
Utilities are encouraged to follow the recommended practices of the Institute of Electrical and Electronics Engineers, Inc. and the American National Standards Institute on electricity metering and standard voltage ratings for electric power systems and equipment. Utility compliance with these recommended practices creates a rebuttable presumption that a practice is reasonable.
Subp. 3. Occupational Safety and Health Administration rules.
When constructing, installing, refurbishing, or maintaining facilities, utilities shall comply with all regulations promulgated by the United States Occupational Safety and Health Administration and by the Occupational Safety and Health Division of the Minnesota Department of Labor and Industry.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.0400 Annual Safety Report
On or before April 1 of each year, each utility shall file a report on its safety performance during the last calendar year. This report shall include at least the following information:
A. summaries of all reports filed with the United States Occupational Safety and Health Administration and the Occupational Safety and Health Division of the Minnesota Department of Labor and Industry during the calendar year; and
B. a description of all incidents during the calendar year in which an injury requiring medical attention or property damage resulting in compensation occurred as a result of downed wires or other electrical system failures and all remedial action taken as a result of any injuries or property damage described.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.0500 Reliability Reporting Requirements
Subpart 1. Annual reporting requirements.
On or before April 1 of each year, each utility shall file a report on its reliability performance during the last calendar year. This report shall include at least the following information:
A. the utility's SAIDI for the calendar year, by work center and for its assigned service area as a whole;
B. the utility's SAIFI for the calendar year, by work center and for its assigned service area as a whole;
C. the utility's CAIDI for the calendar year, by work center and for its assigned service area as a whole;
D. an explanation of how the utility normalizes its reliability data to account for major storms;
E. an action plan for remedying any failure to comply with the reliability standards set forth in part 7826.0600 or an explanation as to why noncompliance was unavoidable under the circumstances;
F. to the extent feasible, a report on each interruption of a bulk power supply facility during the calendar year, including the reasons for interruption, duration of interruption, and any remedial steps that have been taken or will be taken to prevent future interruption;
G. a copy of each report filed under part 7826.0700;
H. to the extent technically feasible, circuit interruption data, including identifying the worst performing circuit in each work center, stating the criteria the utility used to identify the worst performing circuit, stating the circuit's SAIDI, SAIFI, and CAIDI, explaining the reasons that the circuit's performance is in last place, and describing any operational changes the utility has made, is considering, or intends to make to improve its performance;
I. data on all known instances in which nominal electric service voltages on the utility's side of the meter did not meet the standards of the American National Standards Institute for nominal system voltages greater or less than voltage range B;
J. data on staffing levels at each work center, including the number of full-time equivalent positions held by field employees responsible for responding to trouble and for the operation and maintenance of distribution lines; and
K. any other information the utility considers relevant in evaluating its reliability performance over the calendar year.
Subp. 2. Initial reporting requirements.
By March 30, 2003, each utility shall file its SAIDI, SAIFI, and CAIDI for each of the past five calendar years, by work center and for its assigned service area as a whole. If this information is not available, the utility shall file an explanation of how it has been tracking reliability for the past five years, together with reliability data for that period of time. If the utility has implemented a new reliability tracking system that makes comparisons between historical data and current data unreliable, the utility shall explain this situation in its filing.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.0600 Reliability Standards
Subpart 1. Annually proposed individual reliability standards.
On or before April 1 of each year, each utility shall file proposed reliability performance standards in the form of proposed numerical values for the SAIDI, SAIFI, and CAIDI for each of its work centers. These filings shall be treated as "miscellaneous tariff filings" under the commission's rules of practice and procedure, part 7829.0100, subpart 11.
Subp. 2. Annually set, utility-specific, reliability standards.
The commission shall set reliability performance standards annually for each utility in the form of numerical values for the SAIDI, SAIFI, and CAIDI for each of its work centers. These standards remain in effect until the commission takes final action on a filing proposing new standards or changes them in another proceeding.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.0700 Reporting Major Service Interruptions
Subpart 1. Contemporaneous reporting.
A utility shall promptly inform the commission's Consumer Affairs Office of any major service interruption. At that time, the utility shall provide the following information, to the extent known:
A. the location and cause of the interruption;
B. the number of customers affected;
C. the expected duration of the interruption; and
D. the utility's best estimate of when service will be restored, by geographical area.
Subp. 2. Written report.
Within 30 days, a utility shall file a written report on any major service interruption in which ten percent or more of its Minnesota customers were out of service for 24 hours or more. This report must include at least a description of:
A. the steps the utility took to restore service; and
B. any operational changes the utility has made, is considering, or intends to make, to prevent similar interruptions in the future or to restore service more quickly in the future.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.0800 Customer Notice of Planned Service Interruptions
Utilities shall give customers the most effective actual notice possible of any planned service interruption expected to last longer than 20 minutes. For any planned interruption expected to exceed four hours, the utility shall provide, if feasible, mailed notice one week in advance and notice by telephone or door-to-door household visits 12 to 72 hours before the interruption. Planned service interruptions must be scheduled at times to minimize the inconvenience to customers. When planned service interruptions exceeding four hours are canceled, utilities shall notify, if feasible, the customers who received notice that service would be interrupted.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.0900 Meter Reading Frequency; Customer Accommodation
Subpart 1. Meter reading performance standard.
Utilities shall attempt to read all meters on a monthly basis unless otherwise authorized by the commission. Utilities are assumed to be in compliance with this standard if they read at least 90 percent of all meters during the months of April through November and at least 80 percent of all meters during the months of December through March. Utilities shall contact any customer whose bill has been estimated for two consecutive months and attempt to schedule a meter reading.
Subp. 2. Evening and weekend meter reading.
Utilities shall read meters during the evening or on Saturday or Sunday for customers whose meters are inaccessible and whose work or other schedule makes meter reading during regular business hours a hardship. When a utility contacts a customer on an individual basis to schedule a meter reading, the utility shall inform the customer of the available alternatives that the utility provides, such as the customer's option to provide a self-read. If alternative arrangements are not acceptable to the customer, the utility shall inform the customer that the utility provides evening and weekend meter reading for customers whose work schedule or other schedule makes meter reading during regular business hours a hardship.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.1000 Replacing Malfunctioning Meters
Utilities shall replace a malfunctioning meter within ten calendar days of receiving a report from a customer questioning its accuracy or within ten calendar days of learning in some other way that it may be inaccurate.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.1100 Keeping Service Calls
Utilities shall keep service call appointments and shall provide as much notice as possible when an appointment cannot be kept. A service call appointment is kept if the worker arrives within a four-hour period set by the utility and clearly communicated to the customer.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.1200 Call Center Response Time
Subpart 1. Calls to business office.
On an annual basis, utilities shall answer 80 percent of calls made to the business office during regular business hours within 20 seconds. "Answer" means that an operator or representative is ready to render assistance or accept the information to handle the call. Acknowledging that the customer is waiting on the line and will be served in turn is not an answer. If the utility uses an automated call-processing system, the 20-second period begins when the customer has selected a menu option to speak to a live operator or representative. Utilities using automatic call-processing systems must provide that option, and they must not delay connecting the caller to a live operator or representative for purposes of playing promotional announcements.
Subp. 2. Calls regarding service interruptions.
On an annual basis, utilities shall answer 80 percent of calls directed to the telephone number for reporting service interruptions within 20 seconds. "Answer" may mean connecting the caller to a recording providing, to the extent practicable, at least the following information:
A. the number of customers affected by the interruption;
B. the cause of the interruption;
C. the location of the interruption; and
D. the utility's best estimate of when service will be restored, by geographical area.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.1300 Annual Service Quality Report Filing
On or before April 1 of each year, each utility shall file a report on its service quality performance during the last calendar year. These filings must be treated as "miscellaneous tariff filings" under the commission's rules of practice and procedure, part 7829.0100, subpart 11. This report must include at least the information set forth in parts 7826.1400 to 7826.2000.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.1400 Reporting Meter-Reading Performance
The annual service quality report must include a detailed report on the utility's meter-reading performance, including, for each customer class and for each calendar month:
A. the number and percentage of customer meters read by utility personnel;
B. the number and percentage of customer meters self-read by customers;
C. the number and percentage of customer meters that have not been read by utility personnel for periods of six to 12 months and for periods of longer than 12 months, and an explanation as to why they have not been read; and
D. data on monthly meter-reading staffing levels, by work center or geographical area.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.1500 Reporting Involuntary Disconnections
The annual service quality report must include a detailed report on involuntary disconnections of service, including, for each customer class and each calendar month:
A. the number of customers who received disconnection notices;
B. the number of customers who sought cold weather rule protection under Minnesota Statutes, sections 216B.096 and 216B.097, and the number who were granted cold weather rule protection;
C. the total number of customers whose service was disconnected involuntarily and the number of these customers restored to service within 24 hours; and
D. the number of disconnected customers restored to service by entering into a payment plan.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174; L 2009 c 110 s 37
Minn. R. 7826.1600 Reporting Service Extension Request Response Times
The annual service quality report must include a report on service extension request response times, including, for each customer class and each calendar month:
A. the number of customers requesting service to a location not previously served by the utility and the intervals between the date service was installed and the later of the in-service date requested by the customer or the date the premises were ready for service; and
B. the number of customers requesting service to a location previously served by the utility, but not served at the time of the request, and the intervals between the date service was installed and the later of the in-service date requested by the customer or the date the premises were ready for service.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.1700 Reporting Call Center Response Times
The annual service quality report must include a detailed report on call center response times, including calls to the business office and calls regarding service interruptions. The report must include a month-by-month breakdown of this information.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.1800 Reporting Emergency Medical Account Status
The annual service quality report must include the number of customers who requested emergency medical account status under Minnesota Statutes, section 216B.098, subdivision 5, the number whose applications were granted, and the number whose applications were denied and the reasons for each denial.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.1900 Reporting Customer Deposits
The annual service quality report must include the number of customers who were required to make a deposit as a condition of receiving service.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Minn. R. 7826.2000 Reporting Customer Complaints
The annual service quality report must include a detailed report on complaints by customer class and calendar month, including at least the following information:
A. the number of complaints received;
B. the number and percentage of complaints alleging billing errors, inaccurate metering, wrongful disconnection, high bills, inadequate service, and the number involving service-extension intervals, service-restoration intervals, and any other identifiable subject matter involved in five percent or more of customer complaints;
C. the number and percentage of complaints resolved upon initial inquiry, within ten days, and longer than ten days;
D. the number and percentage of all complaints resolved by taking any of the following actions:
E. the number of complaints forwarded to the utility by the commission's Consumer Affairs Office for further investigation and action.
History
- Statutory Authority: MS s 216B.81
- History: 27 SR 1174
Chapter 7827 UTILITY RATE ADJUSTMENTS
Minn. R. 7827.0100 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7827.0200 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7827.0300 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7827.0400 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7827.0500 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7827.0600 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Chapter 7829 UTILITY PROCEEDING, PRACTICE, PROCEDURE
Minn. R. 7829.0100 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given them in this part.
Subp. 2. Classification petition.
"Classification petition" means a petition filed by a telephone company to classify a telephone service as subject to emerging or effective competition under Minnesota Statutes, section 237.59.
Subp. 3. Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subp. 4. Complainant.
"Complainant" means a person who complains formally or informally of an alleged violation of a statute or rule within the commission's jurisdiction, a utility tariff, or a commission order.
Subp. 5.
[Repealed, 40 SR 1329]
Subp. 6. Department.
"Department" means the Minnesota Department of Commerce.
Subp. 7. Expedited proceeding.
"Expedited proceeding" means an informal proceeding described in Minnesota Statutes, section 237.61, and subject to specific procedural requirements such as verification of pleadings.
Subp. 8. Informal proceeding.
"Informal proceeding" means a proceeding that addresses and resolves issues of public policy, fact, or law without a formal contested case proceeding before the Office of Administrative Hearings.
Subp. 9. Intervenor.
"Intervenor" means a person permitted to intervene as a party in a proceeding under this chapter.
Subp. 10.
[Repealed, 40 SR 1329]
Subp. 11. Miscellaneous filing.
"Miscellaneous filing" means a request or notice that does not require determination of a utility's revenue requirement.
A miscellaneous filing includes a filing involving a new service offering; a change in a utility's rates, services, terms, or conditions of service; a change in a utility's corporate structure, assigned service area, or capital structure, when conducted separately from a general rate proceeding; filings made under the rules governing automatic adjustment of charges in chapter 7825; or any related matter.
The inclusion of a particular type of filing in this list does not require a filing that would not otherwise be required or confer jurisdiction that would not otherwise be present.
Subp. 11a. Motion filing.
"Motion filing" means a written request for specific commission action by a party within the context of an existing commission docket. This does not include recommendations for action made in comments, or in motions made during a proceeding before an administrative law judge.
Subp. 12. Municipality.
"Municipality" includes a town, statutory city, and home rule charter city.
Subp. 13. Participant.
"Participant" means a person who files comments or appears in a proceeding, other than public hearings held in contested cases and other commission proceedings conducted to receive general public comments, to present views without becoming a party.
Subp. 14. Party.
"Party" means a person by or against whom a proceeding before the commission is commenced or a person permitted to intervene in a proceeding under this chapter. A party to a proceeding is styled a "petitioner," "complainant," "intervenor," or "respondent," according to the nature of the proceeding and the relationship of the party to the proceeding.
Subp. 15. Person.
"Person" means a natural person, corporation, municipal corporation, public corporation, utility, governmental entity, government agency, association, partnership, receiver, joint venture, trustee at common law or statutory trust guardian, or executor.
Subp. 16. Petitioner.
"Petitioner" means a person who requests the commission's permission, authorization, or approval or a person who notifies the commission of a proposed change in a rate, service, or term or condition of service.
Subp. 17.
[Repealed, 40 SR 1329]
Subp. 18. Proceeding.
"Proceeding" means a formal or informal undertaking of the commission, in which it seeks to resolve a question or issue taken up on its own motion or presented to it in a complaint, petition, or notice of a proposed change in a rate, service, or term or condition of service.
Subp. 19. Proof of service.
"Proof of service" means a certificate of service stating the facts of service, including the time and manner of service and the parties served.
Subp. 19a. Protected data.
"Protected data" means data filed with the commission that is either:
A. not public data or private data on individuals under the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13; or
B. data that is protected from disclosure pursuant to the rules of privilege recognized by law.
Subp. 20.
[Repealed, 40 SR 1329]
Subp. 20a. Qualified complainant.
"Qualified complainant" means a person authorized by law to make a formal complaint to the commission.
Subp. 21. Respondent.
"Respondent" means a person against whom a complaint is filed or against whom an investigation or other proceeding on commission motion is addressed.
Subp. 22. Suspend.
"Suspend" means to hold in abeyance or to delay the effective date of.
Subp. 23. Utility.
"Utility" means a gas or electric service provider, or a telephone utility under part 7810.0100, subpart 37.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; L 2001 1Sp4 art 6 s 1; 40 SR 1329
Minn. R. 7829.0200 Scope and Construction
Subpart 1. Construction.
This chapter must be construed to secure the just, speedy, and economical determination of issues before the commission. This chapter must be construed in light of the commission's statutory authority and responsibilities.
Subp. 2. Conflicting statutes and substantive rules to control.
This chapter governs practice and procedure in matters before the commission except when a statute or a rule on a specific topic contains procedural requirements in direct conflict with this chapter. Then, the statute or rule on a specific topic controls insofar as it is in direct conflict with this chapter.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116
Minn. R. 7829.0250 Representations to Commission
A person who signs a pleading, motion, or similar filing, or enters an appearance at a commission meeting, by doing so represents that the person is authorized to do so, has a good faith belief that statements of fact made are true and correct, and that legal assertions are warranted by existing law or by a nonfrivolous argument for the extension or reversal of existing law or the modification or establishment of rules.
History
- Statutory Authority: MS s 216A.05
- History: 40 SR 1329
Minn. R. 7829.0300 Computation of Time
In computing a period of time prescribed by this chapter, the commission shall exclude the first and include the last day of the designated period of time. When the last day of the time period falls on Saturday, Sunday, or a legal holiday, that day must be omitted from the computation.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116
Minn. R. 7829.0400 Service and Filing Requirements
Subpart 1. Filing.
Filings must be made in a manner consistent with the filing requirements of Minnesota Statutes, section 216.17, subdivision 3, and must be directed to the attention of the executive secretary. With the prior consent of the executive secretary, a person may file by facsimile transmission, mail, or personal delivery.
Subp. 2.
[Repealed, 40 SR 1329]
Subp. 3. Proof of service.
Filings must be accompanied by proof of service on the persons on the appropriate service list.
Subp. 4. Format.
Filings must identify the nature of the filing as briefly as possible, for example, "Replies to Exceptions to Report of Administrative Law Judge," and indicate that the matter is before the Minnesota Public Utilities Commission. Filings after the original filing must include the title and commission-assigned docket number of the matter. Paper filings must be on 8-1/2 by 11-inch paper, unless the executive secretary authorizes a nonconforming filing for good cause shown. Electronic filings must be submitted in a text-searchable format, and any scanned documents must include optical character recognition data. Filings made pursuant to parts 7810.8620, 7810.8685, and 7825.3900, as well as schedules provided pursuant to Minnesota Statutes, section 216B.16, subdivision 17, paragraph (a), shall also include the required data in an industry standard spreadsheet format supported by the electronic filing system.
Subp. 5. Service; method.
Service may be accomplished by first class mail, by delivery in person, or electronically upon recipients who have agreed to electronic service as provided in Minnesota Statutes, section 216.17, subdivision 4, unless otherwise provided by law or commission order.
Subp. 5a. Service and filing; completion.
A document filed with the commission must be served the same day on the persons listed on the appropriate service list, except when this chapter permits service of a summary of the filing. Unless the executive secretary directs otherwise for specific documents, electronic service is complete upon receipt of confirmation of submission of the document. If the electronic filing system administrator requires that a document be resubmitted, electronic service is complete only upon receipt of a subsequent confirmation of submission. Filings are filed with the commission when received during regular business hours. Service by mail is complete upon mailing, except service upon the department, which is complete upon receipt by the department. When a party or participant is represented by an attorney, service upon the attorney is considered service upon the party or participant.
Subp. 6. Proceeding before administrative law judge.
During the time that a matter is before an administrative law judge, service and filing requirements are controlled by the rules of the Office of Administrative Hearings and by any orders issued under those rules by the administrative law judge.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.0410 Motion Filings
Subpart 1. Form and content.
A party to a proceeding making a motion filing shall make it in writing, state the grounds for the motion, and set forth the requested commission action. A party shall file and serve a motion filing on the persons listed on the official service list. As a part of a motion filing, a party shall advise other parties that any opposition to the motion must be filed and served on the same list of persons within 14 days of service of the motion filing. The commission will consider only motion filings signed by a party or the party's attorney or authorized representative.
Subp. 2. Responses.
A party responding to a motion filing shall file and serve a response on the persons listed on the official service list within 14 days of service of the motion filing.
History
- Statutory Authority: MS s 216A.05
- History: 40 SR 1329
Minn. R. 7829.0420 Untimely Filings
Subpart 1. When filings may be excluded.
On its own motion or at the request of any party or participant, the commission may exclude a filing from the record:
A. when the filing was not made within a time period established by rule, notice, or commission order; and
B. upon a commission determination that the value of the document to the commission's deliberative process is outweighed by prejudice to a party, participant, or the public interest caused by the untimeliness. Documents in the agencies' electronic filing system excluded under this part shall remain in the agencies' electronic filing system, but shall be marked as "excluded from record by commission order" in search results.
Subp. 2. Required statement.
A person filing a document outside a time period established by rule, notice, order, or statute shall clearly mark the document as "late filed" and include a statement explaining why the filing was untimely and why it should not be excluded by the commission.
Subp. 3. Documents offered less than one day before consideration.
A party or participant offering a document less than one full business day prior to, or at, the commission meeting to consider issues relevant to the document, must provide ten paper copies to commission staff and sufficient paper copies for the offering party to distribute to all parties and to be available to members of the public in attendance. The offering party or participant must electronically file the document within one business day following the commission meeting if it was not electronically filed prior to the meeting.
History
- Statutory Authority: MS s 216A.05
- History: 40 SR 1329
Minn. R. 7829.0430 Withdrawal of Filings
Subpart 1. Uncontested withdrawal.
The commission delegates to the executive secretary authority to approve the withdrawal of a filing. Approval will be granted by the executive secretary if the following conditions are met:
A. the party that submitted the filing has requested that the filing be withdrawn and has served notice on the persons listed on the official service list;
B. no person has expressed opposition to withdrawal of the filing within 14 days of service of the notice; and
C. no commissioner or commission staff person has identified a reason that the matter should not be withdrawn.
Subp. 2. Contested withdrawal.
If any person opposes a withdrawal request within 14 days of service of the notice, the commission will allow a filing to be withdrawn at the request of the filing party if the commission determines that the proposed withdrawal:
A. does not contravene the public interest;
B. does not prejudice any party; and
C. does not concern a filing that raises issues requiring commission action. If the commission determines that withdrawal would contravene the public interest or would prejudice a party, the commission may permit withdrawal only subject to conditions that mitigate the harm identified.
History
- Statutory Authority: MS s 216A.05
- History: 40 SR 1329
Minn. R. 7829.0500 Protected Data
Subpart 1. Confidentiality protected.
Nothing in this chapter requires public disclosure of protected data or any disclosure of privileged data.
Subp. 2. Procedure for excision.
A person filing documents containing protected data or other privileged information shall file one copy of the document with the protected data redacted. The first page or cover page of a document from which protected data has been excised must be clearly captioned in bold print "PUBLIC DOCUMENT - NOT PUBLIC (OR PRIVILEGED) DATA HAS BEEN EXCISED." The beginning and end of the excised protected data must be identified. One copy of the document without redactions shall be filed, designated as required in subpart 4, and identified as a not public or trade secret document during the electronic submission process.
Subp. 3. Identification of excised material.
When a person classifies an entire document, or a substantial part of a document, as protected data, the person shall file a description of the excised material that includes at least the following information: the nature of the material, its authors, its general import, and the date on which it was prepared.
Subp. 4. Document containing protected data.
The first page or cover page of a document containing protected data must be clearly marked in bold print "NOT PUBLIC DOCUMENT -- NOT FOR PUBLIC DISCLOSURE" or with words of similar import. Every page on which protected data appears must be similarly marked and the protected data must be underlined, placed in brackets, or otherwise clearly identified as the data which is to be protected from disclosure.
Subp. 5. Statement required.
In all cases where a person or entity files data with the commission that is identified as protected data, an accompanying statement justifying the state agencies treating the data as protected data must also be filed. This justification must include an explanation of how the data is classified under the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13, or is privileged under a rule of privilege recognized by law.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.0600 General Service List
Subpart 1. Establishing list.
Persons desiring to receive notice of particular types of filings and who are qualified to intervene under part 7829.0800 shall file with the utility a written list of the types of filings they wish to receive, as well as the person's name, address, and an electronic address if they agree to electronic service. The utility shall maintain general service lists of persons who have filed these requests. The utility shall add to each list the persons who intervened in its last general rate case and persons on the official service list for its last filing of the same type.
Subp. 2. Annual updating.
The utility may delete from its general service list a person who fails to respond within 30 days to an annual mailing inquiring whether that person wishes to continue receiving the filings requested.
Subp. 3. Periodic addition.
A person may be added to the utility's general service list at any time by filing a request under subpart 1, even if the person failed to respond to an annual mailing as described in subpart 2.
Subp. 4. Jurisdiction unaffected.
The service lists established in this part are intended to provide the earliest possible notice to persons who may be interested in a particular filing. The requirements of this part do not displace or add to legal notice requirements, and a utility's failure to comply with this part does not deprive the commission of jurisdiction over a matter of which it would otherwise have jurisdiction, require dismissal of a filing, or invalidate any determination made by the commission in the matter.
Subp. 5. Party or participant status unaffected.
Inclusion on a general service list does not confer party or participant status on persons included on the list.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.0700 Official Service List
Subpart 1. Content.
The official service list for each proceeding consists of the names, addresses, and electronic addresses of the parties, and of the participants who have filed a written request for inclusion on the service list with the executive secretary.
Subp. 2. Establishment and updating.
The commission shall establish the official service list at the conclusion of the initial comment period, or immediately following an initial filing for which no initial comment period is required, and shall maintain and provide the list electronically. Upon request, the commission shall mail a copy of the list to the parties and to participants who have filed written requests for inclusion. A list established before commission action on a petition for intervention must include those persons whose intervention petitions are pending. Upon request, the commission shall mail an updated official service list to the parties and participants if the official service list is later expanded or reduced. The commission need not mail the official service list in proceedings when the only parties are the department and a petitioner, complainant, or respondent. The commission shall provide the official service list electronically rather than by mail to a party who has agreed to electronic service as provided in Minnesota Statutes, section 216.17, subdivision 4.
Subp. 3. Limiting service list.
On its own motion or at the request of a party, the commission shall limit the service list to parties to the proceeding if it finds that requiring service on participants is unduly burdensome.
Subp. 4. Name and address change.
A party or participant who wishes to change the name or address of a person receiving service on behalf of the party or participant shall provide written notice of the change to the executive secretary and to persons on the official service list. The commission shall remove a participant from the official service list after two attempts at service are returned as undeliverable.
Subp. 5. Proceeding before administrative law judge.
In proceedings before an administrative law judge in which the judge establishes a service list, the names on that service list must remain on the official service list for the remainder of the proceeding.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.0800 Petition to Intervene
Subpart 1. Filing and service.
A person who desires to become a party to a proceeding shall file a petition to intervene within the time set in this chapter. The petition must be served on known parties and those persons on the utility's general service list for the matter, if applicable. A petition to intervene must be signed by the person wishing to become a party, or by the person's attorney or authorized representative.
Subp. 2. Grounds for intervention.
The petition must allege the grounds for intervention and must be granted upon a showing that: the person is specifically considered by statute to be interested in the particular type of matter at issue; the person is specifically declared by statute to be an interested party; or the outcome of the proceeding will bind or affect the person with respect to an interest peculiar to that person, as distinguished from an interest common to the public or other ratepayers in general, or the person's interests are not adequately represented by one or more other parties participating in the case.
Subp. 3. Intervention as of right.
The department and the Office of the Attorney General may intervene as of right in any proceeding before the commission. They become parties upon filing comments under this chapter or upon written notice to the commission of an intent to intervene, and need not file petitions to intervene, except when the rules of the Office of Administrative Hearings require it.
Subp. 4. Objection to intervention.
An objection to intervention must be filed within ten days of service of the petition to intervene.
Subp. 5. Disposition of petition.
If there is no objection to intervention and a petition to intervene is not denied or suspended within 15 days of filing, the petition to intervene must be considered granted, unless the matter is referred to the Office of Administrative Hearings for contested case proceedings before the expiration of the 15-day period.
Subp. 6. Proceeding before administrative law judge.
During the time that a matter is before an administrative law judge, intervention procedures are governed by the rules of the Office of Administrative Hearings and by orders issued under those rules by the administrative law judge.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.0850 Withdrawal of a Party
A party wishing to withdraw must file a motion, which the commission will consider promptly in the course of the proceeding.
History
- Statutory Authority: MS s 216A.05
- History: 40 SR 1329
Minn. R. 7829.0900 Participant
A person may file comments in a proceeding before the commission without requesting or obtaining party status. A participant may also be granted an opportunity for oral presentations.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116
Minn. R. 7829.1000 Referral for Contested Case Proceeding
If a proceeding involves contested material facts and there is a right to a hearing under statute or rule, or if the commission finds that all significant issues have not been resolved to its satisfaction, the commission shall refer the matter to the Office of Administrative Hearings for contested case proceedings, unless:
A. all parties waive their rights to contested case proceedings and instead request informal or expedited proceedings, and the commission finds that informal or expedited proceedings would be in the public interest; or
B. a different procedural treatment is required by statute.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116
Minn. R. 7829.1050 Uncontested Proceeding Subcommittee
Subpart 1. Delegation of uncontested proceedings.
As authorized by Minnesota Statutes, section 216A.03, subdivision 8, the commission may establish by order a subcommittee to act on uncontested proceedings. The subcommittee will act on behalf of the commission only when:
A. commission staff determines a proceeding involves no disputed or novel issues; and
B. no party, participant, or commissioner has requested that the proceeding not be delegated to a subcommittee. The commission will maintain on its website a list of all proceedings delegated under this subpart, and will indicate the subcommittee's disposition for each proceeding. Service of an order reflecting disposition by the subcommittee constitutes receipt by the parties, participants, and commissioners for the purposes of Minnesota Statutes, section 216A.03, subdivision 8, paragraph (b).
Subp. 2. Other subcommittees.
This part does not limit the circumstances under which the commission may delegate other functions to a subcommittee.
History
- Statutory Authority: MS s 216A.05
- History: 40 SR 1329
Minn. R. 7829.1100 Public Hearing
When a public hearing is held in connection with a contested case proceeding, the commission shall, whenever possible, schedule the public hearing to be held before the evidentiary hearings.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116
Minn. R. 7829.1200 Informal or Expedited Proceeding
Subpart 1. When appropriate.
Informal or expedited proceedings may be used when contested case proceedings are not required, for example, when:
A. there are no material facts in dispute;
B. the parties and the commission have agreed to informal or expedited proceedings; or
C. informal or expedited proceedings are authorized or required by statute.
Subp. 2. Presentation of facts.
Written submissions are the preferred method of introducing facts. The commission shall allow oral presentation of facts when that can be done without compromising the rights of any person or the integrity of the proceeding. In informal proceedings, the commission shall require that factual allegations be made under oath or by affirmation when facts appear to be in dispute. In expedited proceedings, the commission shall require that factual allegations be made under oath or by affirmation and that documents filed in the proceeding be verified.
Subp. 3. Notice.
The commission shall notify the persons on the official service list at least ten days before a meeting at which it may act on the basis of informal or expedited proceedings. Under exigent circumstances the executive secretary shall reduce the ten-day notice period.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116
Minn. R. 7829.1250 Comment Procedure Variation
Subpart 1. When applied.
Unless otherwise provided in statute or rule, this part shall apply to all comment periods established in this chapter.
Subp. 2. Additional comments and comments on supplemental or corrected filings.
If further information is required to make a fully informed decision, the commission shall require additional comments and identify specific issues requiring further development. The commission shall provide opportunity for other parties to respond to additional comments, or to a supplemental or corrected filing, when the additional comment, supplement, or correction raises a new issue.
History
- Statutory Authority: MS s 216A.05
- History: 40 SR 1329
Minn. R. 7829.1275 Time Periods Varied
Except for time periods set by statute, the commission may vary the time periods established by this chapter on its own motion or at the request of a person for good cause shown. The commission may delegate the authority to vary time periods to the executive secretary.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.1300 Miscellaneous Filings
Subpart 1. Summary.
A miscellaneous filing must include, on a separate page, a one-paragraph summary of the filing, sufficient to apprise potentially interested parties of its nature and general content.
Subp. 2. Service.
The filing party shall serve copies of each miscellaneous filing on which commission action is required within 60 days of filing, on the persons on the applicable general service list, on the department, and on the Office of the Attorney General. For other filings, the filing party may serve the summary described in subpart 1 on persons on the applicable general service list. The filing party shall serve with the filing or the summary a copy of its general service list for the filing.
Subp. 3. Content of filing.
In addition to complying with specific requirements imposed by statute or rule, miscellaneous filings must contain at least the following information:
A. the name, address, and telephone number of the filing party, without abbreviation;
B. the name, address, electronic address, and telephone number of any attorney that represents the filing party in the matter, if so represented;
C. the date of the filing and the date the proposed rate or service change, if any, will go into effect;
D. the statute that the utility believes controls the time frame for processing the filing;
E. the signature, electronic address, and title of the utility employee responsible for the filing; and
F. if the contents of the filing are not established by statute or another commission rule, a description of the filing, its impact on rates and services, its impact on any affected person, and the reasons for the filing.
Subp. 4.
[Repealed, 40 SR 1329]
Subp. 5. Rejection of filing.
The commission shall reject a filing found to be substantially out of compliance with this chapter or applicable statutory requirements.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.1400 Commission Action on Miscellaneous Filing; Comments
Subpart 1. Initial comments.
In the absence of a commission order or notice establishing a different comment period, a person wishing to comment on a miscellaneous filing shall do so within 30 days of its filing with the commission. A person wishing to comment on a new telephone service, competitive or noncompetitive, shall do so within ten days of its filing with the commission. Comments must be served on the persons on the utility's general service list for the filing, as well as on the filing utility.
Subp. 2. Petition to intervene.
If a person who files initial or reply comments is not entitled to intervene in commission proceedings as of right and desires full party status, the person shall file a petition to intervene before the initial or reply comment period expires. The intervention petition may be combined with the comments on the filing.
Subp. 3. Comments to include procedural recommendation.
A person commenting on a miscellaneous filing and recommending its rejection, denial, or modification shall specify whether the person believes the filing requires a contested case proceeding, informal proceeding, expedited proceeding, or some other procedural treatment, together with the person's reasons for recommending a particular procedural treatment.
Subp. 4. Reply comments.
Unless otherwise directed by the commission, the utility and other persons have ten days from the expiration of the original comment period to file reply comments. Reply comments must be served on the utility and persons who have filed comments on the miscellaneous filing. Reply comments must be limited in scope to the issues raised in the initial comments.
Subp. 5.
[Repealed, 40 SR 1329]
Subp. 6.
[Repealed, 40 SR 1329]
Subp. 7.
[Repealed, 40 SR 1329]
Subp. 8. Comment periods extended at department's request.
At the request of the department, the commission shall extend the comment periods in parts 7829.1300 and 7829.1400 up to an additional 30 days, except for comment periods established by statute and except when the commission must act within 60 days to prevent proposed rate changes from going into effect.
Subp. 9. Requests for contested case proceedings.
Upon receipt of initial comments requesting a contested case proceeding on a miscellaneous filing, the commission shall immediately set the matter for consideration on a date after the time period for reply comments has run. If the commission finds a contested case proceeding is required, the commission shall refer the matter to the Office of Administrative Hearings pursuant to part 7829.1000, and the utility shall file its direct testimony in question and answer form within 20 days of the commission's notice and order for hearing, unless otherwise directed by the commission.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.1500 Informal Complaint
Persons engaged in disputes with utilities may submit informal complaints by letter or other writing, by telephone, electronically, or in person. Commission staff shall accept these complaints and shall prepare a memorandum setting forth the substance of each complaint and identifying the customer, the service address, and the utility.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.1600 Treatment of Informal Complaint
Commission staff shall try to help resolve informal complaints by correspondence, mediation, arbitration, and other informal means. If the complainant desires formal action by the commission, a formal complaint must be initiated by the commission, or filed by a qualified complainant.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116
Minn. R. 7829.1700 Formal Complaint
Subpart 1. Content.
A formal complaint must include the following information: the name and address of the complainant; the name and address of complainant's counsel, if any; the name and address of respondent; the name and address of respondent's counsel, if known; the statute, rule, tariff, or commission order alleged to have been violated; the facts constituting the alleged violation; and the relief sought by complainant.
Subp. 2. Mailing and filing.
A formal complaint must be mailed to the respondent, the department, and the Office of the Attorney General, as well as filed with the commission. Formal complaints may also be filed in a manner consistent with the electronic filing requirements of Minnesota Statutes, section 216.17, subdivision 3. If filed electronically, a formal complaint does not need to be mailed to the state agencies.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.1800 Initial Consideration of Formal Complaint
Subpart 1. Initial commission review.
The commission shall review a formal complaint as soon as practicable to determine whether the commission has jurisdiction over the matter and to determine whether there are reasonable grounds to investigate the allegation. On concluding that it lacks jurisdiction or that there is no reasonable basis to investigate the matter, the commission shall dismiss the complaint.
Subp. 2. Answer.
On concluding that it has jurisdiction over the matter and that investigation is warranted, the commission shall serve the complaint on the respondent, together with an order requiring the respondent to file an answer either stating that it has granted the relief the complainant requests, or responding to the allegations of the complaint. The answer must be filed with the commission and served on the complainant, department, and Office of the Attorney General within 20 days of service of the complaint and order.
Subp. 3. Reply.
Replies are not required unless the answer alleges that respondent has granted the relief sought by complainant. In that case, the complainant shall file a reply within 20 days admitting or denying that relief has been granted. If the complainant fails to file the reply, the commission shall dismiss the complaint. Copies of the reply must be served on the respondents, department, and Office of the Attorney General.
Subp. 4. Failure to answer.
If the respondent fails to answer a complaint served by the commission under subpart 2, the commission shall consider the allegations of the complaint denied.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.1900 Commission Action on Formal Complaint; Comments
Subpart 1. Nature of proceedings.
The commission shall deal with a formal complaint through a contested case proceeding, informal proceeding, or expedited proceeding.
Subp. 2. Initial comments.
A person wishing to comment on a formal complaint shall do so within 30 days of the date of a commission order requiring an answer to the complaint. Comments must be served on the complainant, respondent, department, Office of the Attorney General, and any other known parties.
Subp. 3. Reply comments.
A commenting party has ten days from the expiration of the original comment period to file reply comments. Reply comments must be limited in scope to the issues raised in the initial comments and must be served on the complainant, respondent, department, Office of the Attorney General, and any other known parties.
Subp. 4. Petition to intervene.
If a person who files initial or reply comments is not entitled to intervene in commission proceedings as of right and desires full party status, the person shall file a petition to intervene before the initial or reply comment period expires. The intervention petition may be combined with the comments on the complaint.
Subp. 5. Comments to include procedural recommendation.
A person commenting on a complaint shall specify whether the person believes the matter requires a contested case proceeding, informal proceeding, expedited proceeding, or some other procedural treatment, together with the reasons for recommending a particular procedural treatment.
Subp. 6.
[Repealed, 40 SR 1329]
Subp. 7.
[Repealed, 40 SR 1329]
Subp. 8.
[Repealed, 40 SR 1329]
Subp. 9. Comment periods extended at department's request.
At the request of the department, the commission shall extend the comment periods established in this part up to an additional 30 days, except for comment periods set by statute.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.2000 Electric Service Area Complaint
Subpart 1. Content.
A complaint alleging violation of an electric utility's assigned service area must include a map that the complainant reasonably believes to be a copy of the official service area map of an area at issue, with the area of the alleged violation clearly marked.
Subp. 2. Service and filing.
A service area complaint must be served on the respondent, department, and Office of the Attorney General, as well as filed with the commission.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.2100 Commission Action on Service Area Complaint; Comments
Subpart 1. Answer.
Within ten days of service of a service area complaint, a respondent shall file an answer with the commission and serve it on the complainant, department, and Office of the Attorney General.
Subp. 2. Initial comments.
A person wishing to comment on a service area complaint shall do so within ten days of the date the person was served. Comments must be served on the complainant, respondent, department, Office of the Attorney General, and any other known parties.
Subp. 3. Petition to intervene.
If a person who files comments is not entitled to intervene in a commission proceeding as of right and desires full party status, the person shall file a petition to intervene before the initial comment period expires. The intervention petition may be combined with the comments on the complaint and must be served on those persons entitled to service of the comments.
Subp. 4.
[Repealed, 40 SR 1329]
Subp. 5.
[Repealed, 40 SR 1329]
Subp. 6. Time for disposition.
Service area complaints must come before the commission within 15 days of filing. The commission shall issue its order within 30 days after the hearing.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.2200 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7829.2300 Classification Petition
Subpart 1. Summary.
A telephone utility filing a classification petition under Minnesota Statutes, section 237.59, shall include on a separate page a brief summary of the filing, sufficient to apprise potentially interested parties of its nature and general content.
Subp. 2. Service.
A utility filing a classification petition shall serve copies of the petition on the department and Office of the Attorney General. The utility shall serve the petition or the summary described in subpart 1 on those persons on the applicable general service list and on those persons who were parties to its last general rate case or incentive plan proceeding, if applicable.
Subp. 3. Challenges to form and completeness.
A person wishing to challenge the form or completeness of a classification petition shall do so within ten days of its filing. The filing utility shall reply to the challenge within five days of its filing. Challenges and responses must be served on the department, Office of the Attorney General, persons on the general service list for the filing, and any other known parties.
Subp. 4. Rejection of filings.
The commission shall reject a classification petition found to be substantially out of compliance with Minnesota Statutes, section 237.59, or with any other filing requirement imposed by rule or statute. A filing under this section not rejected within 45 days of filing is considered accepted as in substantial compliance with applicable filing requirements.
Subp. 5.
[Renumbered 7829.2350, subpart 1]
Subp. 6.
[Renumbered 7829.2350, subp 2]
Subp. 7.
[Renumbered 7829.2350, subp 3]
Subp. 8.
[Repealed, 40 SR 1329]
Subp. 9.
[Repealed, 40 SR 1329]
Subp. 10.
[Renumbered 7829.2350, subp 4]
Subp. 11.
[Renumbered 7829.2350, subp 5]
Subp. 12.
[Renumbered 7829.2350, subp 6]
Subp. 13.
[Renumbered 7829.2350, subp 7]
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.2350 Commission Action on Classification Petition; Comments
Subpart 1. Initial comments.
A person wishing to comment on a classification petition shall file initial comments within 20 days of the filing. Initial comments must include a recommendation on whether the filing requires a contested case proceeding, expedited proceeding, or some other procedural treatment, together with reasons for recommending a particular procedural treatment. Initial comments must be served on the utility, department, Office of the Attorney General, persons on the general service list for the filing, and any other known parties.
Subp. 2. Petition to intervene.
If a person who files initial comments is not entitled to intervene in a commission proceeding as of right and desires full party status, the person shall file a petition to intervene before the reply comment period expires. The intervention petition may be combined with comments on the filing and must be served on those persons entitled to receive service during the comment period when the intervention petition is filed.
Subp. 3. Reply comments.
Commenting parties have ten days from the expiration of the original comment period to file reply comments. Reply comments must be limited in scope to the issues raised in the initial comments. Reply comments must be served on the utility and on those persons who have filed initial comments.
Subp. 4. Nature of proceeding.
The commission shall deal with a classification petition by conducting an expedited proceeding under Minnesota Statutes, section 237.61, or by referring the matter for a contested case proceeding.
Subp. 5. Time frame for disposition; expedited proceeding.
When the filing utility requests an expedited proceeding on its classification petition, the commission shall take final action within 60 days of the date on which the utility provides the substantive information required by statute, unless the commission finds at least one issue of material fact in dispute and refers the matter for a contested case proceeding within the same 60-day period.
Subp. 6. Time frame for disposition; contested case proceeding.
When the commission conducts a contested case proceeding, it shall take final action within eight months of the utility's request for a contested case proceeding or the commission's order that contested case proceedings be held, whichever occurs earlier.
Subp. 7. Extending disposition period.
The commission may extend the eight-month time frame in subpart 12 with the agreement of all parties or upon a finding that the case cannot be completed within the required time and that there is a substantial probability that the public interest would be harmed by enforcing the eight-month time frame.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.2400 Filing Requiring Determination of Gross Revenue
Subpart 1. Summary.
A utility filing a general rate case or other filing that requires determination of its gross revenue requirement shall include, on a separate page, a brief summary of the filing, sufficient to apprise potentially interested parties of its nature and general content.
Subp. 2. Service.
A utility filing a general rate change request shall serve copies of the filing on the department and Office of the Attorney General. The utility shall serve the filing or the summary described in subpart 1 on the persons on the applicable general service list and persons who were parties to its last general rate case or incentive plan proceeding.
Subp. 3. Notice to public and governing bodies.
A utility seeking a general rate change shall give notice of the proposed change to the governing body of each municipality and county in its service area and to its ratepayers. The utility shall also publish notice of the proposed change in newspapers of general circulation in all county seats in its service area.
Subp. 4. Challenge to form and completeness.
A party wishing to challenge the form or completeness of a general rate case filing shall do so within ten days of its filing. The filing utility shall reply to the challenge within five days of its filing. Challenges and responses must be served on the department, Office of the Attorney General, persons on the general service list for the filing, and any other known parties.
Subp. 5. Rejection of filing.
The commission shall reject a filing under this part found to be substantially out of compliance with Minnesota Statutes, section 216B.16 or 237.075, or other requirement imposed by rule, statute, or previous commission order. A filing under this part not rejected within 60 days of filing is considered accepted as in substantial compliance with applicable filing requirements.
Subp. 6. Petition to intervene.
The commission shall entertain a petition to intervene until the matter is referred to the Office of Administrative Hearings for a contested case proceeding or until the commission issues a notice under part 7829.1200, subpart 3, stating its intention to decide the matter on the basis of an informal or expedited proceeding.
Subp. 7. Notice of hearing.
The utility shall notify its ratepayers of hearings held in connection with its rate change request in the manner directed by the commission. The utility shall publish notice of hearings on its rate change request in newspapers of general circulation in all county seats in its service area, as directed by the commission.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.2500 Certificate of Need Filing
Subpart 1. Compliance.
Certificate of need applications must comply with the requirements of Minnesota Statutes, sections 216B.2421 and 216B.243; Minnesota Rules, chapters 7849, 7851, 7853, and 7855; and any other requirements imposed by rule or statute.
Subp. 2. Summary.
A person filing a certificate of need application shall include, on a separate page, a brief summary of the filing, sufficient to apprise potentially interested parties of its nature and general content.
Subp. 3. Service.
A certificate of need applicant shall serve copies of the filing on the department and Office of the Attorney General. The applicant shall serve the filing or the summary described in subpart 2 on those persons on an applicable general service list and on those persons who were parties to its last general rate case or incentive plan proceeding, if applicable.
Subp. 4.
[Repealed, 40 SR 1329]
Subp. 5. Publication in newspapers.
The applicant shall publish notice of the filing in newspapers of general circulation throughout the state.
Subp. 6. Solicitation of comments on filing compliance.
The commission shall request comments on the filing's compliance with Minnesota Statutes, sections 216B.2421 to 216B.243, and Minnesota Rules, chapters 7851, 7853, and 7855, when it determines that comments would be helpful in evaluating the filing's substantial compliance with the requirements of those statutes and rules. The commission may delegate the authority to request these comments to the executive secretary.
Subp. 7. Rejection of filing.
The commission shall reject a filing under this part that is found to be substantially out of compliance with Minnesota Statutes, sections 216B.2421 to 216B.243; Minnesota Rules, chapters 7849, 7851, 7853, and 7855; and any other requirements imposed by rule or statute. A filing under this section not rejected within 15 days of filing must be considered accepted as in substantial compliance with applicable filing requirements.
Subp. 8. Petition to intervene.
The commission shall entertain a petition to intervene until the matter is referred to the Office of Administrative Hearings for a contested case proceeding or until the commission issues a notice under part 7829.1200, subpart 3, stating its intention to decide the matter on the basis of an informal or expedited proceeding.
Subp. 9. Public hearing.
If the commission decides to act on the application through an informal proceeding, the commission shall hold a public hearing designed to encourage members of the public to express their views on the application, as required under Minnesota Statutes, section 216B.243, subdivision 4. If the commission refers the application to the Office of Administrative Hearings for a contested case proceeding, the commission shall ensure that at least one public hearing is held.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.2550 Notice Plans When Seeking Certification of High-Voltage Transmission Lines
Subpart 1. Filings required, service requirements.
Three months before filing a certificate of need application for a high-voltage transmission line as defined by Minnesota Statutes, section 216B.2421, the applicant shall file a proposed plan for providing notice to all persons reasonably likely to be affected by the proposed line. Applicants shall serve their proposed plans on the following persons:
A. the department;
B. the Residential and Small Business Utilities Division of the Office of the Attorney General; and
C. all persons on the "General List of Persons Interested in Power Plants and Transmission Lines" maintained under part 7850.2100, subpart 1, item A.
Subp. 2. Procedural schedule, notice of procedural schedule.
Initial comments on proposed notice plans must be filed within 20 days of the date of filing. Reply comments must be filed within 20 days of the expiration of the initial comment period. Applicants shall include with the proposed notice plan a clear and conspicuous notice of these comment periods.
Subp. 3. Types of notice.
Proposed notice plans must include notice to the following persons by the method specified:
A. direct mail notice, based on county tax assessment rolls, to landowners reasonably likely to be affected by the proposed transmission line;
B. direct mail notice to all mailing addresses within the area reasonably likely to be affected by the proposed transmission line;
C. direct mail notice to tribal governments and to the governments of towns, statutory cities, home rule charter cities, and counties whose jurisdictions are reasonably likely to be affected by the proposed transmission line; and
D. newspaper notice to members of the public in areas reasonably likely to be affected by the proposed transmission line.
Subp. 4. Notice content.
Proposed notice plans must provide notice recipients with the following information:
A. a map showing the end points of the line and existing transmission facilities in the area;
B. a description of general right-of-way requirements for a line of the size and voltage proposed and a statement that the applicant intends to acquire property rights for the right-of-way that the proposed line will require;
C. a notice that the line cannot be constructed unless the commission certifies that it is needed;
D. the commission's mailing address, telephone number, and website;
E. if the applicant is a utility subject to chapter 7848, the address of the website on which the utility applicant will post or has posted its biennial transmission projects report required under that chapter;
F. a statement that the Environmental Quality Board will be preparing an environmental report on each high-voltage transmission line for which certification is requested;
G. a brief explanation of how to get on the mailing list for the Environmental Quality Board's proceeding; and
H. a statement that requests for certification of high-voltage transmission lines are governed by Minnesota law, including specifically chapter 4410, parts 7849.0010 to 7849.0400, and 7849.1000 to 7849.2100, and Minnesota Statutes, section 216B.243.
Subp. 5. Supplementary notice.
The commission shall require supplementary notice to persons reasonably likely to be affected by system alternatives developed in the course of certification proceedings if it appears that those system alternatives are as likely to be certified as the proposed high-voltage transmission line.
Subp. 6. Notice time frames.
The applicant shall implement the proposed notice plan within 30 days of its approval by the commission.
Subp. 7. Good faith sufficient.
The commission shall not deny a request for certification of a high-voltage transmission line on grounds of defective notice if the applicant acted in good faith, in substantial compliance with the notice requirements of this part, and in substantial compliance with any commission orders issued under this part.
History
- Statutory Authority: MS s 14.06; 216A.05; 216B.08; 216B.243
- History: 29 SR 5; L 2005 c 97 art 3 s 19
Minn. R. 7829.2560 Notice Plans When Seeking Certification of Pipelines
Subpart 1. Filings required, service requirements.
At least three months before filing a certificate of need application for any pipeline under chapter 7849, 7851, 7853, or 7855, the applicant shall file a proposed plan for providing notice to all persons reasonably likely to be affected by the proposed pipeline. Applicants shall serve their proposed plans on the following persons:
A. the Office of Energy Security of the Department of Commerce;
B. the Office of the Attorney General; and
C. the Army Corps of Engineers.
Subp. 2. Procedural schedule, notice of procedural schedule.
Initial comments on proposed notice plans must be filed within 20 days of the date of filing. Reply comments must be filed within 20 days of the expiration of the initial comment period. Applicants shall include with the proposed notice plan a clear and conspicuous notice of these comment periods.
Subp. 3. Types of notice.
Proposed notice plans must include notice to the following persons by the method specified:
A. direct mail notice, based on county tax assessment rolls, to landowners reasonably likely to be affected by the proposed pipeline;
B. direct mail notice to all mailing addresses within the area reasonably likely to be affected by the proposed pipeline;
C. direct mail notice to tribal governments and to the governments of towns, statutory cities, home rule charter cities, and counties whose jurisdictions are reasonably likely to be affected by the proposed pipeline; and
D. newspaper notice to members of the public in areas reasonably likely to be affected by the proposed pipeline.
Subp. 4. Notice content.
Proposed notice plans must provide notice recipients with the following information:
A. a map showing the end points of the pipeline and existing related pipelines and related facilities in the area;
B. a description of general right-of-way requirements for a pipeline of the size and type proposed and a statement that the applicant intends to acquire property rights for the right-of-way that the proposed pipeline will require;
C. a notice that the pipeline cannot be constructed unless the commission certifies that it is needed;
D. the commission's mailing address, telephone number, and website;
E. a brief explanation of how to get on the mailing list for the commission's proceeding; and
F. a statement that requests for certification of pipelines are governed by Minnesota law, including specifically chapters 7851, 7853, and 7855 and Minnesota Statutes, section 216B.243.
Subp. 5. Supplementary notice.
The commission shall require supplementary notice to persons reasonably likely to be affected by route alternatives developed in the course of certification proceedings if it appears that those route alternatives are as likely to be certified as the proposed pipeline.
Subp. 6. Notice time frames.
The applicant shall implement the proposed notice plan within 30 days of its approval by the commission.
Subp. 7. Good faith sufficient.
The commission shall not deny a request for certification of a pipeline on grounds of defective notice if the applicant acted in good faith, in substantial compliance with the notice requirements of this part, and in substantial compliance with any commission orders issued under this part.
Subp. 8. Compliance filing.
The applicant shall submit a compliance filing within 60 days from the date of implementation of the approved notice plan. The filing must include a copy of the notice and a service list that includes the names and addresses of those persons to whom the notice was sent.
History
- Statutory Authority: MS s 216A.05; 216A.08
- History: 35 SR 1530; 40 SR 1329
Minn. R. 7829.2600 Staff Comments
Written comments on a filing by commission staff must be made available to those persons on the service list at the same time they are provided to the commission. If commission staff recommend action not advocated by any party, all parties must be granted oral comment at the request of any party.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116
Minn. R. 7829.2700 Procedure After Administrative Law Judge Report
Subpart 1. Exceptions to administrative law judge's report.
Except in cases subject to statutory deadlines or as otherwise specified by the commission, parties shall file and serve on the other parties any exceptions to an administrative law judge's report within 20 days of its filing. In cases subject to statutory deadlines, exceptions must be filed and served within 15 days of the filing of the report.
Subp. 2. Replies to exceptions.
Except in cases subject to statutory deadlines, a party shall file and serve on all other parties any replies to exceptions within ten days of the due date for exceptions. In cases subject to statutory deadlines, replies are not permitted.
Subp. 3. Oral argument.
Parties will be granted an opportunity for oral argument before the commission prior to its decision.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.2800 General Notice Requirement
Matters may come before the commission only on ten days notice to the parties and those persons on the official service list. Under exigent circumstances the executive secretary shall reduce the ten-day notice period.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116
Minn. R. 7829.2900 Decision and Order
Subpart 1. Service.
The executive secretary shall serve a decision and order of the commission on all parties and participants in the proceeding who are on the official service list.
Subp. 2. Compliance filings.
Unless otherwise ordered by the commission, utilities shall file a compliance filing within ten days of the effective date of a commission order requiring it.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.3000 Petition After Commission Decision
Subpart 1. Time for request.
A party or a person aggrieved and directly affected by a commission decision or order may file a petition for rehearing, amendment, vacation, reconsideration, or reargument within 20 days of the date the decision or order is served by the executive secretary. This subpart does not affect any statutory limit on the time allowed for a petition for judicial review that may run concurrently.
Subp. 2. Content of request.
A petition for rehearing, amendment, vacation, reconsideration, or reargument must set forth specifically the grounds relied upon or errors claimed. A request for amendment must set forth the specific amendments desired and the reasons for the amendments.
Subp. 3. Service.
A petition for rehearing, amendment, vacation, reconsideration, or reargument, and an answer, reply, or comment, must be served on the parties and participants in the proceeding.
Subp. 4. Answers.
Other parties to the proceeding shall file answers to a petition for rehearing, amendment, vacation, reconsideration, or reargument within ten days of service of the petition.
Subp. 5. Replies.
Replies are not permitted unless specifically authorized by the commission.
Subp. 6. Commission action.
The commission shall decide a petition for rehearing, amendment, vacation, reconsideration, or reargument with or without a hearing or oral argument. The commission may vacate or stay the order, or part of the order, that is the subject of the petition, pending action on the petition.
Subp. 7. Second petition not entertained.
A second petition for rehearing, amendment, vacation, reconsideration, or reargument of a commission decision or order by the same party or parties and upon the same grounds as a former petition that has been considered and denied, will not be entertained.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116; 40 SR 1329
Minn. R. 7829.3100 [Renumbered 7829.1275]
[Renumbered 7829.1275]
Minn. R. 7829.3200 Other Variances
Subpart 1. When granted.
The commission shall grant a variance to its rules when it determines that the following requirements are met:
A. enforcement of the rule would impose an excessive burden upon the applicant or others affected by the rule;
B. granting the variance would not adversely affect the public interest; and
C. granting the variance would not conflict with standards imposed by law.
Subp. 2. Conditions.
A variance may be granted contingent upon compliance with conditions imposed by the commission.
Subp. 3. Duration.
Unless the commission orders otherwise, variances automatically expire in one year. They may be revoked sooner due to changes in circumstances or due to failure to comply with requirements imposed as a condition of receiving a variance.
History
- Statutory Authority: MS s 216A.05
- History: 19 SR 116
Minn. R. 7829.4000 Emergency Circumstances
Subpart 1. Declared emergency or pandemic.
If the executive secretary determines that an in-person meeting of the commission is not practical or prudent because of a health pandemic or an emergency declared under Minnesota Statutes, chapter 12, commissioners may participate by telephone or other electronic means. If at least one commissioner intends to participate remotely, the commission shall provide the public notice required by Minnesota Statutes, section 13D.021, subdivision 4.
Subp. 2. Remote participation.
If the required public notice has been given, the commission shall afford any absent commissioner or commissioners an opportunity to participate in a commission meeting by telephone or other electronic means in a manner consistent with Minnesota Statutes, section 13D.021. The commission shall ensure that all commissioners, regardless of their location, can hear all discussion, testimony, and votes. Unless the meeting is closed for reasons authorized by statute, the commission shall ensure that members of the public who are present at the regular meeting location or monitoring remotely can hear all discussion, testimony, and votes. Commission votes shall be conducted via roll call.
History
- Statutory Authority: MS s 216A.05
- History: 40 SR 1329
Chapter 7830 PRACTICE AND PROCEDURE
Minn. R. 7830.0100 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.0200 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.0300 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.0400 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.0500 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.0600 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.0700 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.0800 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.0900 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.1000 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.1100 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.1200 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.1300 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.1400 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.1500 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.1600 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.1700 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.1800 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.1900 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.2000 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.2100 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.2200 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.2300 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.2400 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.2500 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.2600 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.2700 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.2800 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.2900 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.3000 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.3100 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.3200 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.3300 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.3400 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.3500 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.3600 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.3700 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.3800 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.3900 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.4000 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.4100 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.4200 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.4300 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7830.4400 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Chapter 7831 TELECOMMUNICATIONS; INTERVENOR COMPENSATION
Minn. R. 7831.0100 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given them in this part.
Subp. 2. Attorney fees.
"Attorney fees" means the reasonable, itemized billings and costs incurred by an intervenor for the services of an attorney in a proceeding before the commission. The costs for services of the attorney are reasonable when computed at the rate normally charged by that attorney for comparable services, or at the prevailing market rate or fair market value to obtain comparable and available services of an attorney of comparable training and experience, whichever rate is lower.
Subp. 3. Attorney general.
"Attorney general" means the Minnesota Residential and Small Business Utilities Division of the Office of the Attorney General.
Subp. 4. Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subp. 5. Compensation.
"Compensation" means reimbursement or payment to an eligible intervenor for all or part of the intervenor costs, as determined by the commission under this chapter, for participation in a proceeding.
Subp. 6. Department.
"Department" means the Minnesota Department of Commerce.
Subp. 7. Expert witness fees.
"Expert witness fees" means the reasonable, itemized billings and costs incurred by an intervenor for the services of an expert witness in a proceeding before the commission. The costs for services of the expert witness are reasonable when computed at the rate normally charged by that witness for comparable services, or at the prevailing market rate or fair market value to obtain comparable and available services of an expert witness of comparable training and experience, whichever rate is lower.
Subp. 8. Final determination.
"Final determination" has the meaning given it in Minnesota Statutes, section 237.075, subdivision 2, paragraph (c).
Subp. 9. Insufficient financial resources.
"Insufficient financial resources" means that but for the reimbursement of all or part of its intervenor costs, the intervenor is financially unable to afford intervenor costs incurred to participate effectively in the proceeding as determined by the commission under part 7831.0800, subpart 3.
Subp. 10. Intervenor.
"Intervenor" means a person who is entitled or permitted by law, or permitted under rule of the commission or by order of the presiding officer, to intervene in a proceeding. For purposes of awarding compensation for intervenor costs under this chapter, intervenor does not include (1) a provider of telephone services of any kind, or its representative, agent, or affiliate, nor (2) an agency, representative, employee, authority, or political subdivision of a federal, state, county, home rule charter or statutory city, or town government or combination of them.
Subp. 11. Intervenor costs.
"Intervenor costs" means attorney fees, expert witness fees, and other reasonable costs incurred in a proceeding. Intervenor costs do not include costs, fees, or charges incurred for judicial appeal or judicial review.
Subp. 12. Issue.
"Issue" means a question, dispute, or controversy to be resolved in a proceeding held under Minnesota Statutes, section 237.075.
Subp. 13. Materially assisted.
"Materially assisted" means that the intervenor's participation and presentation was useful and seriously considered, or otherwise substantially contributed to the commission's deliberations in the proceeding, following consideration by the commission of the factors listed in part 7831.0800, subpart 2.
Subp. 14. Other reasonable costs.
"Other reasonable costs" means reasonable fees and charges actually incurred by an intervenor in a proceeding before the commission, such as the costs for:
A. the services of a consultant or an employee of the intervenor computed at the rate normally charged by that person for comparable services, or at the prevailing market rate or fair market value to obtain comparable, available services of persons of comparable training and experience, whichever is lower; and
B. out-of-pocket expenses directly related to and necessary for participation in the proceeding, for example, costs of filing, copying, travel, travel-related expenses, and preparation of studies, displays, or exhibits.
Subp. 15. Position.
"Position" means a factual contention, legal contention, or specific policy or procedural recommendation made by an intervenor relating to an issue addressed and decided in a proceeding.
Subp. 16. Proceeding.
"Proceeding" means a general rate case conducted under Minnesota Statutes, section 237.075. For purposes of this chapter, a procedural or supplemental matter is considered part of the main proceeding under Minnesota Statutes, section 237.075, if it is decided or conducted by the commission or an administrative law judge on an issue or position considered in, related to, or supplemental to the main proceeding, or on the issue of intervenor compensation awarded. Procedural or supplemental matters include, for example: motions; orders; settlements; stipulations; prehearing conferences, determinations, or procedures; contested case hearings; reconsiderations or rehearings; and remanded hearings. Proceeding does not include matters considered during judicial appeal or review.
Subp. 17. Telephone company.
"Telephone company" has the meaning given it in Minnesota Statutes, sections 237.01, subdivision 3, if the company is subject to general rate regulation by the commission; 237.01, subdivision 7; and 237.075, subdivision 9, if the company has made the election provided in that subdivision.
Subp. 18.
[Repealed, 33 SR 712]
History
- Statutory Authority: MS s 14.388; 237.075; Laws 2007 c 57 art 3 s 40
- History: 15 SR 1599; L 2001 1Sp4 art 6 s 1; 33 SR 712
Minn. R. 7831.0200 Purpose
The purpose of this chapter is to establish procedural and substantive criteria for reimbursing an intervenor for its intervenor costs incurred in a general rate case under Minnesota Statutes, section 237.075, subdivision 10, when the intervenor has insufficient financial resources to afford its intervenor costs and has materially assisted the commission in its deliberations in the proceeding.
History
- Statutory Authority: MS s 14.388; 237.075; Laws 2007 c 57 art 3 s 40
- History: 15 SR 1599; 33 SR 712
Minn. R. 7831.0300 Request for Compensation
Subpart 1. Request filing and notice.
An applicant for an award of compensation shall file with the commission a request for compensation. The applicant shall also serve a copy of the request on each known party to the proceeding and shall file with the commission an affidavit of service. The request must be filed as soon after notice of a filing, proceeding, or prehearing conference as is reasonably possible, but at least 75 days after the notice or 30 days before the beginning of evidentiary hearings in the proceeding, whichever occurs later. The request must satisfy the requirements of subparts 2 to 5.
Subp. 2. General information.
The request for compensation must contain the following information, as applicable:
A. the name and address of the applicant or representative of an organization;
B. for an organization, the names, addresses, and titles of the members of its governing body, a description of the organization's general purposes, size, and structure, and whether it is a nonprofit organization incorporated under Minnesota Statutes, chapter 317; and
C. the proceeding for which the compensation is requested.
Subp. 3. Insufficient financial resources.
The applicant shall show as part of the request that, but for an award of compensation for its intervenor costs under this chapter, the applicant has insufficient financial resources to intervene and participate effectively in the proceeding. The request must address the factors set forth in part 7831.0800, subpart 3. The applicant shall provide a summary description of finances, distinguishing between grant funds committed to specific projects, if applicable, and discretionary funds, showing the financial status of the applicant, including at least:
A. a listing of actual annual revenues and expenses for the previous year, projected revenues and expenses for the current year, and principal revenue sources;
B. a listing of actual assets and liabilities or balance sheet for the previous year and projected assets and liabilities or balance sheet for the current year;
C. the amount of assets and revenues that are firmly committed to other expenditures and how intervention, but for an award, may constrain programs of public benefit;
D. the amount of its own funds the applicant will spend on its participation;
E. an explanation of why the applicant cannot use the excess of assets over liabilities, if any, to cover its intervenor costs; and
F. if the applicant is an organization, the scope or amount of benefit in comparison to the organization's estimated intervenor costs. If available, the applicant shall file a copy of its audited financial statements. The applicant may reference its audited financial statements to satisfy items A to F. If the commission has determined within the previous year before receiving the request that the applicant has met its burden of showing insufficient financial resources and if the applicant can attest that there has been no substantial change in available discretionary resources, the applicant may refer to that decision to satisfy the requirement of this subpart.
Subp. 4. Budget.
The applicant shall file as part of the request an estimate of its intervenor costs, the basis for the estimate, the extent of financial commitment to participation, and a specific budget showing the total compensation, not to exceed the maximum amount allowed by Minnesota Statutes, section 237.075, subdivision 10, to which the applicant believes it may be entitled.
Subp. 5. Statement of participation.
The applicant shall file as part of the request a statement of the nature and extent of planned participation in the proceeding as far as it is possible to set it out when the request is filed. The statement must include a list of positions and issues that the applicant intends to present, raise, or respond to in the proceeding, an explanation of how an issue affects the applicant's interest in the proceeding, and a clear indication of which viewpoints or ideas the applicant believes are substantive, novel, or significant and why their presentation would contribute to a fair determination of an issue in the proceeding.
History
- Statutory Authority: MS s 14.388; 237.075; Laws 2007 c 57 art 3 s 40
- History: 15 SR 1599; 33 SR 712
Minn. R. 7831.0400 Statement in Response
The department, attorney general, or other party to the proceeding, within 15 days after an applicant has filed a request under part 7831.0300, may file with the commission a statement commenting on any part of the request and on duplications of positions, issues, or presentations, and make recommendations to the commission. The statement must be served on the applicant and known parties to the proceeding. Filings under this part must be accompanied by an affidavit of service on the applicant and known parties.
History
- Statutory Authority: MS s 237.075; Laws 2007 c 57 art 3 s 40
- History: 15 SR 1599
Minn. R. 7831.0500 Preliminary Determination on Eligibility
Subpart 1. Required determinations.
Within 45 days of receiving a request under part 7831.0300, the commission shall issue a preliminary determination addressing whether the applicant is eligible for an award of compensation of intervenor costs. The determination must address:
A. whether the commission considers the applicant to be an intervenor as defined in part 7831.0100, subpart 9; and
B. whether the applicant has made a sufficient showing that, but for an award of compensation for all or part of its intervenor costs, it has insufficient financial resources to intervene and participate fully and effectively in the proceeding, assuming all information in the request filing is true and accurate pending an audit that may be required under part 7831.0700, and pending a decision awarding or denying compensation under part 7831.0800.
Subp. 2. Discretionary determinations.
The determination on eligibility may also, but is not required to:
A. address whether the applicant has demonstrated its ability to materially assist the commission in its proposed statement of participation, assuming its accuracy, under part 7831.0300, subpart 5;
B. address whether the application lists duplicate positions taken or presentations made by intervenors, or whether they may be more economically or efficiently presented under common representation;
C. recommend use of common legal representation or expert witnesses in cooperation with other applicants or participants;
D. provide a listing of other known applicants and participants advocating or proposing substantially similar positions or presentations;
E. point out any unrealistic expectations for compensation; or
F. address any other information that may affect an applicant's claim for an award of compensation for intervenor costs.
Subp. 3. Effect of preliminary determination on eligibility.
A preliminary determination on eligibility does not guarantee either a grant or a denial of an award of compensation for intervenor costs. If a preliminary determination is not made on a discretionary factor in subpart 2, items A to F, no presumption arises regarding that factor.
A. After a preliminary determination granting compensation for intervenor costs, the commission must overcome in an applicant's claim for compensation a presumption, for the reasons stated in the preliminary determination, that the applicant should be granted an award of compensation for intervenor costs.
B. After a preliminary determination denying compensation, an applicant may elect to intervene and may intervene if granted permission by the commission or presiding officer. If, however, the applicant does intervene, the applicant must overcome in the claim for compensation a presumption, for the reasons stated in the preliminary determination, that the applicant should be denied an award of compensation for intervenor costs.
History
- Statutory Authority: MS s 237.075; Laws 2007 c 57 art 3 s 40
- History: 15 SR 1599
Minn. R. 7831.0600 Claim for Compensation
Subpart 1. Filing claim.
An intervenor shall file a claim for an award of compensation of its intervenor costs within 90 days after the later of:
A. the date the commission issues its final determination and the time for petitioning for reconsideration or rehearing has elapsed; or
B. the date the commission issues its order following reconsideration or rehearing.
Subp. 2. Required information.
The claim must include, at a minimum:
A. adoption or amendment by the intervenor of the information submitted in the request filed under part 7831.0300;
B. a detailed, itemized description of services and intervenor costs related to specific issues addressed in the proceeding, for which an award of compensation is sought; and
C. a description of how the intervenor's contribution to the proceeding may have materially assisted the commission in its deliberations. A copy of the claim must be served on all parties to the proceeding and the claim must have attached to it an affidavit of service on all parties.
Subp. 3. Response.
Within 30 days after service of the claim, a party may file a response to the claim with the commission. A copy of the statement must be served on the claiming intervenor and other parties to the proceeding. Filings under this part must be accompanied by an affidavit of service on the applicant and known parties.
Subp. 4. Reply.
The claiming intervenor may file with the commission a reply to a response under subpart 3 within 15 days after the response is filed. A copy of the statement must be served on other parties to the proceeding. Filings under this part must be accompanied by an affidavit of service on known parties.
Subp. 5. Amended claim.
When additional costs are incurred as a result of a remanded hearing, the intervenor may file an amended claim within 30 days after the commission issues its order following remand. Subparts 1 to 4 apply also to an amended claim.
History
- Statutory Authority: MS s 237.075; Laws 2007 c 57 art 3 s 40
- History: 15 SR 1599
Minn. R. 7831.0700 Financial Review
At any time after a request for compensation is filed, the commission or its staff may request additional financial information from the intervenor to clarify or substantiate the claim. The requested information may include, among other things, records, receipts, invoices, and other documents showing the intervenor's expenses incurred and financial condition.
If considered necessary by the commission, an applicant for compensation shall grant the staff of the commission and the department access to audit and examine pertinent books, documents, papers, and records, to the extent necessary to verify that the intervenor has insufficient financial resources to afford its intervenor costs and to verify the basis for the amount claimed.
Approved applicants shall retain the records relevant to supporting a claim for three years after receiving compensation.
History
- Statutory Authority: MS s 237.075; Laws 2007 c 57 art 3 s 40
- History: 15 SR 1599
Minn. R. 7831.0800 Award of Compensation
Subpart 1. Decision.
Within 120 days of the filing of a claim or amended claim for an award of compensation for intervenor costs, or within 45 days of the filing of an audit or additional information, whichever is later, the commission shall issue a decision awarding or denying compensation.
Subp. 2. Materially assisted.
To be granted an award of compensation, in whole or in part, for intervenor costs, the intervenor must have materially assisted the commission in its deliberations. The commission shall consider the following factors, no single one of which is dispositive, in making its decision awarding or denying compensation:
A. whether the intervenor represented an interest that would not otherwise have been adequately represented in the proceeding;
B. whether the intervenor's position or presentation on an issue was relevant or important for a fair decision in the proceeding;
C. the intervenor's ability to clarify complex information, to simplify complex issues, to make timely and appropriate procedural recommendations, or to otherwise contribute to the efficiency or progress of the proceeding;
D. whether the intervenor's position or presentation promoted a public purpose or policy;
E. whether the intervenor raised new or different arguments in support of a position, provided materially useful information not of common knowledge, raised a different issue, presented or elicited new or different facts or evidence, or took a different position from that of another party; and
F. whether the commission adopted, in whole or in part, a position advocated by the intervenor.
Subp. 3. Insufficient financial resources.
To be granted an award of compensation for intervenor costs, the intervenor must show that it has insufficient financial resources, but for the award, to afford all or part of its intervenor costs necessarily incurred to participate effectively in a proceeding. The commission shall consider the following factors, as applicable, in making its decision awarding or denying compensation, in whole or in part, for intervenor costs:
A. whether the intervenor's financial status, following examination of the financial information provided in the intervenor's request and claim, and additional financial information requested or obtained through audit, if any, indicate the intervenor can afford, in whole or in part, its intervenor costs;
B. whether the intervenor made use of common legal representation, or otherwise consolidated positions or presentations, when appropriate;
C. whether the intervenor costs alleged in the intervenor's claim reflect reasonable attorney fees, expert witness fees, and other reasonable costs, as defined in part 7831.0100; and
D. whether a partial award of compensation may be appropriate.
Subp. 4. Bases for commission decision.
For each issue addressed by the intervenor and decided in the proceeding:
A. On finding that an intervenor materially assisted the commission and has insufficient financial resources to afford its intervenor costs, the commission shall issue its decision awarding compensation. The decision must describe the bases for assistance found and for the amount of compensation awarded.
B. On finding that an intervenor either did not materially assist the commission or has sufficient financial resources to afford all of its intervenor costs, the commission shall issue its decision denying compensation. The decision must describe the bases for denying compensation.
Subp. 5. Maximum amount awarded.
The total amount of the award for a proceeding may be all or part of the amount claimed, but must not exceed the maximum allowed under Minnesota Statutes, section 237.075, subdivision 10.
Subp. 6. Payment.
The telephone company that was the subject of the proceeding shall pay the award of compensation to the intervenor within 30 days after the commission issues its decision awarding compensation. The telephone company shall file with the commission proof that it paid the amount of compensation awarded to the intervenor.
History
- Statutory Authority: MS s 14.388; 237.075; Laws 2007 c 57 art 3 s 40
- History: 15 SR 1599; 33 SR 712
Chapter 7835 COGENERATION AND SMALL POWER PRODUCTION
Minn. R. 7835.0100 Definitions
Subpart 1. Applicability.
For purposes of this chapter, the following terms have the meanings given them in this part.
Subp. 2. Average annual fuel savings.
"Average annual fuel savings" means the annualized difference between the system fuel costs that the utility would have incurred without the additional generation facility and the system fuel costs the utility is expected to incur with the additional generation facility.
Subp. 2a. Average retail utility energy rate.
"Average retail utility energy rate" means, for any class of utility customer, the quotient of the total annual class revenue from sales of electricity minus the annual revenue resulting from fixed charges, divided by the annual class kilowatt-hour sales. Data from the most recent 12-month period available before each filing required by parts 7835.0300 to 7835.1200 must be used in the computation.
Subp. 3. Backup power.
"Backup power" means electric energy or capacity supplied by the utility to replace energy ordinarily generated by a qualifying facility's own generation equipment during an unscheduled outage of the facility.
Subp. 4. Capacity.
"Capacity" means the capability to produce, transmit, or deliver electric energy, and is measured by the number of megawatts alternating current at the point of common coupling between a qualifying facility and a utility's electric system.
Subp. 5. Capacity costs.
"Capacity costs" means the costs associated with providing the capability to deliver energy. The utility capital costs consist of the costs of facilities used to generate, transmit, and distribute electricity and the fixed operating and maintenance costs of these facilities.
Subp. 6. Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subp. 6a. Customer.
"Customer" means the person named on the utility electric bill for the premises.
Subp. 7. Energy.
"Energy" means electric energy, measured in kilowatt-hours.
Subp. 8. Energy costs.
"Energy costs" means the variable costs associated with the production of electric energy. They consist of fuel costs and variable operating and maintenance expenses.
Subp. 9. Firm power.
"Firm power" means energy delivered by the qualifying facility to the utility with at least a 65 percent on-peak capacity factor in the month. The capacity factor is based upon the qualifying facility's maximum on-peak metered capacity delivered to the utility during the month.
Subp. 10. Generating utility.
"Generating utility" means a utility which regularly meets all or a portion of its electric load through the scheduled dispatch of its own generating facilities.
Subp. 11. Incremental cost of capital.
"Incremental cost of capital" means the current weighted cost of the components of a utility's capital structure, each cost weighted by its proportion of the total capitalization.
Subp. 12. Interconnection costs.
"Interconnection costs" means the reasonable costs of connection, switching, metering, transmission, distribution, safety provisions, and administrative costs incurred by the utility that are directly related to installing and maintaining the physical facilities necessary to permit interconnected operations with a qualifying facility. Costs are considered interconnection costs only to the extent that they exceed the corresponding costs which the utility would have incurred if it had not engaged in interconnected operations, but instead generated from its own facilities or purchased from other sources an equivalent amount of electric energy or capacity. Costs are considered interconnection costs only to the extent that they exceed the costs the utility would incur in selling electricity to the qualifying facility as a nongenerating customer.
Subp. 13. Interruptible power.
"Interruptible power" means electric energy or capacity supplied by the utility to a qualifying facility subject to interruption under the provisions of the utility's tariff applicable to the retail class of customers to which the qualifying facility would belong irrespective of its ability to generate electricity.
Subp. 14. Maintenance power.
"Maintenance power" means electric energy or capacity supplied by a utility during scheduled outages of the qualifying facility.
Subp. 15. Marginal capital carrying charge rate in the first year of investment.
"Marginal capital carrying charge rate in the first year of investment" means the percentage factor by which the amount of a new capital investment in a generating unit would have to be multiplied to obtain an amount equal to the total additional first year amounts for the cost of equity and debt capital, income taxes, property and other taxes, tax credits (amortized over the useful life of the generating unit), depreciation, and insurance which would be associated with the new capital investment and would account for the likely inflationary or deflationary changes in the investment cost due to the one-year delay in building the unit.
Subp. 15a. Net metered facility.
"Net metered facility" means an electric generation facility constructed for the purpose of offsetting energy use through the use of renewable energy or high-efficiency distributed generation sources.
Subp. 16. Nongenerating utility.
"Nongenerating utility" means a utility which has no electric generating facilities, or a utility whose electric generating facilities are used only during emergencies or readiness tests, or a utility whose electric generating facilities are ordinarily dispatched by another entity.
Subp. 17. On-peak hours.
"On-peak hours" means, for utilities whose rates are regulated by the commission, those hours which are defined as on-peak for retail ratemaking. For any other utility, on-peak hours are either those hours formally designated by the utility as on-peak for ratemaking purposes or those hours for which its typical loads are at least 85 percent of its average maximum monthly loads.
Subp. 17a. Point of common coupling.
"Point of common coupling" means the point where the qualifying facility's generation system, including the point of generator output, is connected to the utility's electric power grid.
Subp. 17b. Public utility.
"Public utility" has the meaning given in Minnesota Statutes, section 216B.02, subdivision 4.
Subp. 18. Purchase.
"Purchase" means the purchase of electric energy or capacity or both from a qualifying facility by a utility.
Subp. 19. Qualifying facility.
"Qualifying facility" means a cogeneration or small power production facility which satisfies the conditions established in Code of Federal Regulations, title 18, part 292. The initial operation date or initial installation date of a cogeneration or small power production facility must not prevent the facility from being considered a qualifying facility for the purposes of this chapter if it otherwise satisfies all stated conditions.
Subp. 20. Sale.
"Sale" means the sale of electric energy or capacity or both by an electric utility to a qualifying facility.
Subp. 20a. Standby charge.
"Standby charge" means the rate or fee a utility charges for the recovery of costs for the provision of standby service or standby power.
Subp. 20b. Standby service.
"Standby service" means:
A. for public utilities, service or power that includes backup or maintenance services, as described in the public utility's commission-approved standby tariff, necessary to make electricity service available to the distributed generation facility; and
B. for a utility not subject to the commission's rate authority, the service associated with the applicable tariff in effect under Minnesota Statutes, section 216B.1611, subdivision 3, clause (2).
Subp. 21. Supplementary power.
"Supplementary power" means electric energy or capacity supplied by the utility which is regularly used by a qualifying facility in addition to that which the facility generates itself.
Subp. 22. System emergency.
"System emergency" means a condition on a utility's system which is imminently likely to result in significant disruption of service to customers or to endanger life or property.
Subp. 23. System incremental energy costs.
"System incremental energy costs" means amounts representing the hourly energy costs associated with the utility generating the next kilowatt-hour of load during each hour.
Subp. 24. Utility.
"Utility" means:
A. for the purposes of parts 7835.1300 to 7835.1800 and 7835.4500 to 7835.4550, any public utility, including municipally owned electric utilities or cooperative electric associations, that sells electricity at retail in Minnesota; or
B. for the purposes of parts 7835.0200 to 7835.1200, 7835.1900 to 7835.4400, 7835.4600 to 7835.6100, 7835.9910, and 7835.9920, any public utility, including municipally owned electric utilities and cooperative electric associations, that sells electricity at retail in Minnesota, except those municipally owned electric utilities that have adopted and have in effect rules consistent with this chapter.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993; 40 SR 348
Minn. R. 7835.0200 Scope and Purpose
The purpose of this chapter is to implement certain provisions of Minnesota Statutes, section 216B.164; the Public Utility Regulatory Policies Act of 1978, United States Code, title 16, section 824a-3; and the Federal Energy Regulatory Commission regulations, Code of Federal Regulations, title 18, part 292. Nothing in this chapter excuses any utility from carrying out its responsibilities under these provisions of state and federal law. This chapter must at all times be applied in accordance with its intent to give the maximum possible encouragement to cogeneration and small power production consistent with protection of the ratepayers and the public.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993; 40 SR 348
Minn. R. 7835.0300 Filing Dates
Within 60 days after the effective date of this chapter, on January 1, 1985, and every 12 months thereafter, each utility must file with the commission, for its review and approval, a cogeneration and small power production tariff. The tariff for generating utilities must contain schedules A to G, except that generating utilities with less than 500,000,000 kilowatt-hour sales in the calendar year preceding the filing may substitute their retail rate schedules for schedules A and B. The tariff for nongenerating utilities must contain schedules C, D, E, F, and H, and may, at the option of the utility, contain schedules A and B, using data from the utility's wholesale supplier.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.0400 Filing Option
If, after the January 1, 2015, filing, schedule C is the only change in the cogeneration and small power production tariff to be filed in a subsequent year, the utility may notify the commission in writing, by the date the tariff is due, that there is no other change in the tariff. This notification and new schedule C will serve as a substitute for the refiling of the complete tariff in that year.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993; 40 SR 348
Minn. R. 7835.0500 Schedule a
Schedule A must contain the estimated system average incremental energy costs by seasonal peak and off-peak periods for each of the next five years. For each seasonal period, system incremental energy costs must be averaged during system daily peak hours, system daily off-peak hours, and all hours in the season. The energy costs must be increased by a factor equal to 50 percent of the line losses shown in schedule B. Schedule A must describe in detail the method used to determine the on-peak and off-peak hours and seasonal periods and must show the resulting on-peak and off-peak and seasonal hours selected.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.0600 Schedule B
Subpart 1. Information required.
Schedule B must contain the information listed in subparts 2 to 6.
Subp. 2. Planned utility generating facility additions.
Schedule B must contain a description of all planned utility generating facility additions anticipated during the next ten years, including:
A. name of unit;
B. nameplate rating;
C. fuel type;
D. in-service date;
E. completed cost in dollars per kilowatt in the year in which the plant is expected to be put in service, including allowance for funds used during construction;
F. anticipated average annual fixed operating and maintenance costs in dollars per kilowatt;
G. energy costs associated with the unit, including fuel costs and variable operating and maintenance costs;
H. projected average number of kilowatt-hours per year the plant will generate during its useful life; and
I. average annual fuel savings resulting from the addition of this generating facility, stated in dollars per kilowatt.
Subp. 3. Planned firm capacity purchases.
Schedule B must contain a description of all planned firm capacity purchases, other than from qualifying facilities, during the next ten years, including:
A. year of the purchase;
B. name of the seller;
C. number of kilowatts of capacity to be purchased;
D. capacity cost in dollars per kilowatt; and
E. associated energy cost in cents per kilowatt-hour.
Subp. 4. Percentage of line losses.
Schedule B must contain the utility's overall average percentage of line losses due to the distribution, transmission, and transformation of electric energy.
Subp. 5. Net annual avoided capacity cost.
Schedule B must contain the utility's net annual avoided capacity cost stated in dollars per kilowatt-hour averaged over the on-peak hours and the utility's net annual avoided capacity cost stated in dollars per kilowatt-hour averaged over all hours. These figures must be calculated as follows in items A to I:
A. The completed cost per kilowatt of the utility's next major generating facility addition, as reported in schedule B, must be multiplied by the utility's marginal capital carrying charge rate in the first year of investment. If the utility is unable to determine this carrying charge rate as specified, the rate of 15 percent must be used.
B. The dollar amount resulting from the calculation set forth in item A must be discounted to present value, as of the midpoint of the reporting year, from the in-service date of the generating unit. The discount rate used must be the incremental cost of capital.
C. The figure for average annual fuel savings per kilowatt described in subpart 2, item I must be discounted to present value using the procedure of item B.
D. The number resulting from the calculation in item C must be subtracted from the number resulting from the calculation in item B. This is the net annual avoided capacity cost stated in dollars per kilowatt at present value.
E. The net annual avoided capacity cost calculated in item D must be multiplied by 1.15 to recognize a reserve margin.
F. The figure determined from the calculation of item E must be increased by the present value of the anticipated average annual fixed operating and maintenance costs as reported in subpart 2, item F. The present value must be determined using the procedure of item B.
G. The figure determined from the calculation of item F must be increased by one-half of the percentage amount of the average system line losses as shown on schedule B.
H. The annual dollar per kilowatt figure, as calculated in accordance with item G, must be divided by the annual number of hours in the on-peak period as specified in schedule A. The resulting figure is the utility's net annual on-peak avoided capacity cost in dollars per kilowatt-hour.
I. The annual dollar per kilowatt figure resulting from the calculation specified in item G must be divided by the total number of hours in the year. The resulting figure is the utility's net annual avoided capacity cost in dollars per kilowatt-hour averaged over all hours.
Subp. 6. Net annual avoided capacity cost.
If the utility has no planned generating facility additions for the ensuing ten years, but has planned additional capacity purchases, other than from qualifying facilities, during the ensuing ten years, schedule B must contain its net annual avoided capacity cost stated in dollars per kilowatt-hour averaged over the on-peak hours and the utility's net annual avoided capacity costs stated in dollars per kilowatt-hour averaged over all hours. These must be calculated as follows in items A and B:
A. The annual capacity purchase amount, in dollars per kilowatt, for the utility's next planned capacity purchase, other than from a qualifying facility, must be discounted to present value as of the midpoint of the reporting year, from the year of the planned capacity purchase. The discount rate used must be the incremental cost of capital.
B. The net annual avoided capacity cost must be computed by applying the figure determined in item A to the steps enumerated in subpart 5, items D to I, excluding item F.
Subp. 7. Avoidable capacity costs.
If the utility has neither planned generating facility additions nor planned additional capacity purchases, other than from qualifying facilities, during the ensuing ten years, the utility must be deemed to have no avoidable capacity costs.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.0650 Schedule C
Schedule C must contain the calculation of the average retail utility energy rates.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.0700 Schedule D
Schedule D must contain all standard contracts to be used with qualifying facilities, containing applicable terms and conditions.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.0800 Schedule E
Schedule E must contain the utility's safety standards, required operating procedures for interconnected operations, and the functions to be performed by any control and protective apparatus. These standards and procedures must not be more restrictive than the standards contained in the electrical code under part 7835.2100 or the interconnection standards distributed to customers under part 7835.4750. The utility may include in schedule E suggested types of equipment to perform the specified functions. No standard or procedure may be established to discourage cogeneration or small power production.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993; 40 SR 348
Minn. R. 7835.0900 Schedule F
Schedule F must contain procedures for notifying affected qualifying facilities of any periods of time when the utility will not purchase electric energy or capacity because of extraordinary operational circumstances which would make the costs of purchases during those periods greater than the costs of internal generation.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.1000 Schedule G
Schedule G must contain and describe all computations made by the utility in determining schedules A and B.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.1100 Schedule H; Special Rule for Nongenerating Utilities
Schedule H must list the rates at which a nongenerating utility purchases energy and capacity. If the nongenerating utility has more than one wholesale supplier, schedule H must list the rates of that supplier from which purchases may first be avoided. If the nongenerating utility with more than one wholesale supplier also chooses to file schedules A and B, the data on schedules A and B must be obtained from that supplier from which purchases may first be avoided.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.1200 Availability of Filings
All filings required by parts 7835.0300 to 7835.1100 must be filed in the commission's electronic filing system and be maintained at the utility's general office and any other offices of the utility where rate case filings are kept. These filings must be available for public inspection at the commission and at the utility offices during normal business hours.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993; 40 SR 348
Minn. R. 7835.1300 General Reporting Requirements
Each utility interconnected with a qualifying facility must provide the commission with the information in parts 7835.1400 to 7835.1800 annually on or before March 1, and in such form as the commission may require.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993; 40 SR 348
Minn. R. 7835.1400 Average Retail Utility Energy Billed Qualifying Facilities
For qualifying facilities under average retail utility energy billing, the utility must provide the commission with the following information:
A. a summary of the total number of interconnected qualifying facilities, the type of interconnected qualifying facilities by energy source, and the name plate ratings of such units;
B. for each qualifying facility type, the total kilowatt-hours delivered per month to the utility by all average retail utility energy rate qualifying facilities;
C. for each qualifying facility type, the total kilowatt-hours delivered per month by the utility to all average retail utility energy rate qualifying facilities; and
D. for each qualifying facility type, the total net energy delivered per month to the utility by average retail utility energy rate qualifying facilities.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993; 40 SR 348
Minn. R. 7835.1500 Other Qualifying Facilities
For all qualifying facilities not under average retail utility energy billing, the utility must provide the commission with the following information:
A. a summary of the total number of interconnected qualifying facilities, the type of interconnected qualifying facilities, and the nameplate ratings of such units; and
B. for each qualifying facility type, the total kilowatt-hours delivered per month to the utility, reported by on-peak and off-peak periods to the extent that data is available.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993; 40 SR 348
Minn. R. 7835.1600 Wheeling
The utility must provide a summary of all wheeling activities undertaken with respect to qualifying facilities.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.1700 Major Impacts
The utility may provide a statement of any major impacts that cogeneration or small power production has had on the utility's system.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.1800 Effectiveness
The utility may provide a statement of the effectiveness of Minnesota Statutes, section 216B.164 and this chapter in encouraging cogeneration and small power production, as observed by the utility.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.1900 Requirement to Purchase
The utility must purchase energy and capacity from any qualifying facility which offers to sell energy to the utility and agrees to the conditions in this chapter.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.2000 Written Contract
A written contract must be executed between the qualifying facility and the utility.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.2100 Electrical Code Compliance
Subpart 1. Compliance; standards.
The interconnection between the qualifying facility and the utility must comply with the requirements in the most recently published edition of the National Electrical Safety Code issued by the Institute of Electrical and Electronics Engineers. The interconnection is subject to subparts 2 and 3.
Subp. 2. Interconnection.
The qualifying facility is responsible for complying with all applicable local, state, and federal codes, including building codes, the National Electrical Code (NEC), the National Electrical Safety Code (NESC), and noise and emissions standards. The utility must require proof that the qualifying facility is in compliance with the NEC before the interconnection is made. The qualifying facility must obtain installation approval from an electrical inspector recognized by the Minnesota State Board of Electricity.
Subp. 3. Generation system.
The qualifying facility's generation system and installation must comply with the American National Standards Institute/Institute of Electrical and Electronics Engineers (ANSI/IEEE) standards applicable to the installation.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993; 40 SR 348
Minn. R. 7835.2200 Responsibility for Apparatus
The qualifying facility, without cost to the utility, must furnish, install, operate, and maintain in good order and repair any apparatus the qualifying facility needs in order to operate in accordance with schedule E.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.2300 [Repealed, 40 SR 348]
[Repealed, 40 SR 348]
Minn. R. 7835.2400 Legal Status Not Affected
Nothing in this chapter affects the responsibility, liability, or legal rights of any party under applicable law or statutes. No party may require the execution of an indemnity clause or hold harmless clause in the written contract as a condition of service.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.2500 [Repealed, 40 SR 348]
[Repealed, 40 SR 348]
Minn. R. 7835.2600 Types of Power to Be Offered; Standby Service
Subpart 1. Service to be offered.
The utility must offer maintenance, interruptible, supplementary, and backup power to the qualifying facility upon request.
Subp. 2. Standby service; public utility.
A public utility may not impose a standby charge for standby service on a qualifying facility having 100 kilowatt capacity or less. A utility imposing rates on a qualifying facility having more than 100 kilowatt capacity must comply with an order of the commission establishing allowable costs.
Subp. 3. Standby service; cooperative or municipality.
A cooperative electric association or municipal utility must offer a qualifying facility standby power or service consistent with its applicable tariff for such service adopted under Minnesota Statutes, section 216B.1611, subdivision 3, clause (2).
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993; 40 SR 348
Minn. R. 7835.2700 [Repealed, 40 SR 348]
[Repealed, 40 SR 348]
Minn. R. 7835.2800 Discontinuing Sales During Emergency
The utility may discontinue sales to the qualifying facility during a system emergency, if the discontinuance and recommencement of service is not discriminatory.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.2900 [Repealed, 40 SR 348]
[Repealed, 40 SR 348]
Minn. R. 7835.3000 Rates for Utility Sales to a Qualifying Facility to Be Governed by Tariff
Except as otherwise provided in part 7835.3100, rates for sales to a qualifying facility must be governed by the applicable tariff for the class of electric utility customers to which the qualifying facility belongs or would belong were it not a qualifying facility.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993; 40 SR 348
Minn. R. 7835.3100 Petition for Specific Sales Rates
Any qualifying facility or utility may petition the commission for establishment of specific rates for supplementary, maintenance, backup, or interruptible power.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.3150 Interconnection with Cooperative Electric Association or Municipal Utility
Parts 7835.3200 to 7835.4000 apply to interconnections between a qualifying facility and a cooperative electric association or municipal utility.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.3200 Standard Rates for Purchases by Cooperative Electric Associations and Municipal Utilities from Qualifying Facilities
Subpart 1. Qualifying facilities with 100 kilowatt capacity or less.
For qualifying facilities with capacity of 100 kilowatts or less, standard purchase rates apply. The utility must make available three types of standard rates, described in parts 7835.3300, 7835.3400, and 7835.3500. The qualifying facility with a capacity of 100 kilowatts or less must choose interconnection under one of these rates, and must specify its choice in the written contract required in part 7835.2000. Any net credit to the qualifying facility must, at its option, be credited to its account with the utility or returned by check within 15 days of the billing date. The option chosen must be specified in the written contract required in part 7835.2000. Qualifying facilities remain responsible for any monthly service charges and demand charges specified in the tariff under which they consume electricity from the utility.
Subp. 2. Qualifying facilities over 100 kilowatt capacity.
A qualifying facility with more than 100 kilowatt capacity has the option to negotiate a contract with a utility or, if it commits to provide firm power, be compensated under standard rates.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993; 40 SR 348
Minn. R. 7835.3300 Average Retail Utility Energy Rate
Subpart 1. Applicability.
The average retail utility energy rate is available only to qualifying facilities with capacity of less than 40 kilowatts which choose not to offer electric power for sale on either a time-of-day basis or a simultaneous purchase and sale basis.
Subp. 2. Method of billing.
The utility must bill the qualifying facility for the excess of energy supplied by the utility above energy supplied by the qualifying facility during each billing period according to the utility's applicable retail rate schedule.
Subp. 3. Additional calculations for billing.
When the energy generated by the qualifying facility exceeds that supplied by the utility during a billing period, the utility must compensate the qualifying facility for the excess energy at the average retail utility energy rate.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993; 40 SR 348
Minn. R. 7835.3400 Simultaneous Purchase and Sale Billing Rate
Subpart 1. Scope.
The simultaneous purchase and sale rate is available only to qualifying facilities with capacity of less than 40 kilowatts which choose not to offer electric power for sale on a time-of-day basis.
Subp. 2. Method of billing.
The qualifying facility must be billed for all energy and capacity it consumes during a billing period according to the utility's applicable retail rate schedule.
Subp. 3. Compensation to qualifying facility.
The utility must purchase all energy and capacity which is made available to it by the qualifying facility. At the option of the qualifying facility, its entire generation must be deemed to be made available to the utility. Compensation to the qualifying facility must be the sum of items A and B.
A. The energy component must be the appropriate system average incremental energy costs shown on schedule A; or if the generating utility has not filed schedule A, the energy component must be the energy rate of the retail rate schedule, applicable to the qualifying facility, filed in lieu of schedules A and B; or if the nongenerating utility has not filed schedule A, the energy component must be the energy rate shown on schedule H.
B. If the qualifying facility provides firm power to the utility, the capacity component must be the utility's net annual avoided capacity cost per kilowatt-hour averaged over all hours shown on schedule B; or if the generating utility has not filed schedule B, the capacity component must be the demand charge per kilowatt, if any, of the retail rate schedule, applicable to the qualifying facility, filed in lieu of schedules A and B, divided by the number of hours in the billing period; or if the nongenerating utility has not filed schedule B, the capacity component must be the capacity cost per kilowatt shown on schedule H, divided by the number of hours in the billing period. If the qualifying facility does not provide firm power to the utility, no capacity component may be included in the compensation paid to the qualifying facility.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.3500 Time-of-Day Purchase Rates
Subpart 1. Applicability.
Time-of-day rates are required for qualifying facilities with capacity of 40 kilowatts or more and less than or equal to 100 kilowatts, and they are optional for qualifying facilities with capacity less than 40 kilowatts. Time-of-day rates are also optional for qualifying facilities with capacity greater than 100 kilowatts if these qualifying facilities provide firm power.
Subp. 2. Method of billing.
The qualifying facility must be billed for all energy and capacity it consumes during each billing period according to the utility's applicable retail rate schedule. Any utility rate-regulated by the commission may propose time-of-day retail rate tariffs which require qualifying facilities that choose to sell power on a time-of-day basis to also purchase power on a time-of-day basis.
Subp. 3. Compensation to qualifying facility.
The utility must purchase all energy and capacity which is made available to it by the qualifying facility. Compensation to the qualifying facility must be the sum of items A and B.
A. The energy component must be the appropriate on-peak and off-peak system incremental costs shown on schedule A; or if the generating utility has not filed schedule A, the energy component must be the energy rate of the retail rate schedule, applicable to the qualifying facility, filed in lieu of schedules A and B; or if the nongenerating utility has not filed schedule A, the energy component must be the energy rate shown on schedule H.
B. If the qualifying facility provides firm power to the utility, the capacity component must be the utility's net annual avoided capacity cost per kilowatt-hour averaged over the on-peak hours as shown on schedule B; or if the generating utility has not filed schedule B, the capacity component must be the demand charge per kilowatt, if any, of the retail rate schedule, applicable to the qualifying facility, filed in lieu of schedules A and B, divided by the number of on-peak hours in the billing period; or if the nongenerating utility has not filed schedule B, the capacity component must be the capacity cost per kilowatt shown on schedule H, divided by the number of on-peak hours in the billing period. The capacity component applies only to deliveries during on-peak hours. If the qualifying facility does not provide firm power to the utility, no capacity component may be included in the compensation paid to the qualifying facility.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.3600 Contracts Negotiated by Customer
Except as provided in part 7835.3900, a qualifying facility with capacity greater than 100 kilowatts must negotiate a contract with the utility setting the applicable rates for payments to the customer of avoided capacity and energy costs.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.3700 Amount of Capacity Payments; Considerations
The qualifying facility which negotiates a contract under part 7835.3600 must be entitled to the full avoided capacity costs of the utility. The amount of capacity payments must be determined through consideration of:
A. the capacity factor of the qualifying facility;
B. the cost of the utility's avoidable capacity;
C. the length of the contract term;
D. reasonable scheduling of maintenance;
E. the willingness and ability of the qualifying facility to provide firm power during system emergencies;
F. the willingness and ability of the qualifying facility to allow the utility to dispatch its generated energy;
G. the willingness and ability of the qualifying facility to provide firm capacity during system peaks;
H. the sanctions for noncompliance with any contract term; and
I. the smaller capacity increments and the shorter lead times available when capacity is added from qualifying facilities.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.3800 Full Avoided Energy Costs
The qualifying facility which negotiates a contract under part 7835.3600 must be entitled to the full avoided energy costs of the utility. The costs must be adjusted as appropriate to reflect line losses.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.3900 Qualifying Facilities of Greater Than 100 Kilowatts
Nothing in parts 7835.3600 to 7835.3800 prevents a utility from connecting qualifying facilities of greater than 100 kilowatts under its standard rates.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.4000 Utility Treatment of Costs
All purchases from qualifying facilities with capacity of 100 kilowatts or less, and purchases of energy from qualifying facilities with capacity of over 100 kilowatts must be considered an energy cost in calculating an electric utility's fuel adjustment clause.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.4010 Interconnection with Public Utility
Parts 7835.4011 to 7835.4023 apply to interconnections between a qualifying facility and a public utility.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.4011 Standard Rates for Purchases by Public Utilities from Qualifying Facilities
Subpart 1. Standard rates.
For qualifying facilities with less than 1,000 kilowatt capacity, standard rates apply. The utility must make available the types of standard rates described in parts 7835.4012 to 7835.4015. Qualifying facilities remain responsible for any monthly service charges and demand charges specified in the tariff under which they consume electricity from the utility.
Subp. 2. Negotiated rates.
A qualifying facility with 1,000 kilowatt capacity or more has the option to negotiate a contract with a utility or, if it commits to provide firm power, be compensated under standard rates.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.4012 Compensation
Subpart 1. Facilities with less than 40 kilowatt capacity.
A qualifying facility with less than 40 kilowatt capacity has the option to be compensated at the average retail utility energy rate, the simultaneous purchase and sale billing rate, or the time-of-day billing rate.
Subp. 2. Facilities with at least 40 kilowatt capacity but less than 1,000 kilowatt capacity.
A qualifying facility with at least 40 kilowatt capacity but less than 1,000 kilowatt capacity has the option to be billed at the simultaneous purchase and sale billing rate, or at the time-of-day billing rate.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.4013 Average Retail Energy Rate
Subpart 1. Method of billing.
The utility must bill the qualifying facility for the energy supplied by the utility that exceeds the amount of energy supplied by the qualifying facility during each billing period according to the utility's applicable retail rate schedule.
Subp. 2. Additional calculations for billing.
When the energy generated by the qualifying facility exceeds that supplied by the utility during a billing period, the utility must compensate the qualifying facility for the excess energy at the average retail utility energy rate.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.4014 Simultaneous Purchase and Sale Billing Rate
Subpart 1. Method of billing.
The qualifying facility must be billed for all energy and capacity it consumes during a billing period according to the utility's applicable retail rate schedule.
Subp. 2. Compensation to qualifying facility.
The utility must purchase all energy and capacity which is made available to it by the qualifying facility. At the option of the qualifying facility, its entire generation must be deemed to be made available to the utility. Compensation to the qualifying facility must be the sum of items A and B.
A. The energy component must be the appropriate system average incremental energy costs shown on schedule A; or if the generating utility has not filed schedule A, the energy component must be the energy rate of the retail rate schedule applicable to the qualifying facility, filed in lieu of schedules A and B; or if the nongenerating utility has not filed schedule A, the energy component must be the energy rate shown on schedule H.
B. If the qualifying facility provides firm power to the utility, the capacity component must be the utility's net annual avoided capacity cost per kilowatt-hour averaged over all hours shown on schedule B; or if the generating utility has not filed schedule B, the capacity component must be the demand charge per kilowatt, if any, of the retail rate schedule applicable to the qualifying facility, filed in lieu of schedules A and B, divided by the number of hours in the billing period; or if the nongenerating utility has not filed schedule B, the capacity component must be the capacity cost per kilowatt shown on schedule H, divided by the number of hours in the billing period. If the qualifying facility does not provide firm power to the utility, no capacity component may be included in the compensation paid to the qualifying facility.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.4015 Time-of-Day Purchase Rates
Subpart 1. Method of billing.
The qualifying facility must be billed for all energy and capacity it consumes during each billing period according to the utility's applicable retail rate schedule. Any utility rate-regulated by the commission may propose time-of-day retail rate tariffs which require qualifying facilities that choose to sell power on a time-of-day basis to also purchase power on a time-of-day basis.
Subp. 2. Compensation to qualifying facility.
The utility must purchase all energy and capacity which is made available to it by the qualifying facility. Compensation to the qualifying facility must be the sum of items A and B.
A. The energy component must be the appropriate on-peak and off-peak system incremental costs shown on schedule A; or if the generating utility has not filed schedule A, the energy component must be the energy rate of the retail rate schedule applicable to the qualifying facility, filed in lieu of schedules A and B; or if the nongenerating utility has not filed schedule A, the energy component must be the energy rate shown on schedule H.
B. If the qualifying facility provides firm power to the utility, the capacity component must be the utility's net annual avoided capacity cost per kilowatt-hour averaged over the on-peak hours as shown on schedule B; or if the generating utility has not filed schedule B, the capacity component must be the demand charge per kilowatt, if any, of the retail rate schedule applicable to the qualifying facility, filed in lieu of schedules A and B, divided by the number of on-peak hours in the billing period; or if the nongenerating utility has not filed schedule B, the capacity component must be the capacity cost per kilowatt shown on schedule H, divided by the number of on-peak hours in the billing period. The capacity component applies only to deliveries during on-peak hours. If the qualifying facility does not provide firm power to the utility, no capacity component may be included in the compensation paid to the qualifying facility.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.4016 Individual System Capacity Limits
Subpart 1. Applicability.
Individual system capacity limits are subject to the requirements in Minnesota Statutes, section 216B.164, subdivision 4c.
Subp. 2. Usage history.
A facility subject to capacity limits with less than 12 calendar months of actual electric usage or no demand metering available is subject to limits based on data for similarly situated customers combined with any actual data for the facility.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.4017 Net Metered Facility; Bill Credits
Subpart 1. Kilowatt-hour credit.
A customer with a net metered facility can elect to be compensated for net input into the utility's system in the form of a kilowatt-hour credit on the customer's bill, subject to Minnesota Statutes, section 216B.164, subdivision 3a, and the following conditions:
A. the customer is not receiving a value of solar rate under Minnesota Statutes, section 216B.164, subdivision 10;
B. the customer is interconnected with a public utility; and
C. the net metered facility has a capacity of at least 40 kilowatt capacity but less than 1,000 kilowatt capacity.
Subp. 2. Notification to customer.
A public utility must notify the customer of the option to be compensated for net input in the form of a kilowatt-hour credit under subpart 1. The public utility must inform the customer that if the customer does not elect to be compensated for net input in the form of a kilowatt-hour credit on the bill, the customer will be compensated for the net input at the utility's avoided cost rate, as described in the utility's tariff for that customer class.
Subp. 3. End-of-year net input.
A public utility must compensate the customer, in the form of a payment, for any net input remaining at the end of the calendar year at the utility's avoided cost rate, as described in the utility's tariff for that class of customer.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.4018 Aggregation of Meters
A public utility must aggregate meters at the request of a customer as described in Minnesota Statutes, section 216B.164, subdivision 4a.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.4019 Qualifying Facilities of 1,000 Kilowatt Capacity or More
A qualifying facility with capacity of 1,000 kilowatt capacity or more must negotiate a contract with the public utility to set the applicable rates for payments to the customer of avoided capacity and energy costs. Nothing in parts 7835.4010 to 7835.4015 prevents a utility from connecting qualifying facilities of greater than 1,000 kilowatt capacity under its avoided cost rates.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.4020 Amount of Capacity Payments; Considerations
The qualifying facility which negotiates a contract under part 7835.4019 must be entitled to the full avoided capacity costs of the utility. The amount of capacity payments must be determined through consideration of:
A. the capacity factor of the qualifying facility;
B. the cost of the utility's avoidable capacity;
C. the length of the contract term;
D. reasonable scheduling of maintenance;
E. the willingness and ability of the qualifying facility to provide firm power during system emergencies;
F. the willingness and ability of the qualifying facility to allow the utility to dispatch its generated energy;
G. the willingness and ability of the qualifying facility to provide firm capacity during system peaks;
H. the sanctions for noncompliance with any contract term; and
I. the smaller capacity increments and the shorter lead times available when capacity is added from qualifying facilities.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.4021 Utility Treatment of Costs
All purchases from qualifying facilities with capacity of less than 40 kilowatts and purchases of energy from qualifying facilities with capacity of 40 kilowatts or more must be considered an energy cost in calculating a utility's fuel adjustment clause.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.4022 Limiting Cumulative Generation
A public utility requesting that the commission limit cumulative generation of net metered facilities under Minnesota Statutes, section 216B.164, subdivision 4b, must file its request with the commission under chapter 7829.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.4023 Alternative Tariff for Value of Solar
If a public utility has received commission approval of an alternative tariff for the value of solar under Minnesota Statutes, section 216B.164, subdivision 10, the tariff applies to new solar photovoltaic interconnections effective after the tariff approval date.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.4100 When Required
For all qualifying facilities with capacity of 30 kilowatts or greater, the utility, at the qualifying facility's request or with its consent, must provide wheeling or exchange agreements whenever practicable to sell the qualifying facility's output to any other Minnesota utility that anticipates or plans generation expansion in the ensuing ten years. Parts 7835.4200 to 7835.4400 apply unless the qualifying facility and the utility to which it is interconnected agree otherwise.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.4200 Interutility Payment; Wheeling
The utility to which the qualifying facility is interconnected must pay any reasonable wheeling charges from other utilities arising from the sale of the qualifying facility's output.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.4300 Interutility Payment; Energy and Capacity
Within 30 days of receipt, the utility ultimately receiving the qualifying facility's output must pay its resulting full avoided capacity and energy costs by remittance to the utility with which the qualifying facility is interconnected.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.4400 Payment to Qualifying Facility
Within 15 days of receiving payment under part 7835.4300, the utility with which the qualifying facility is interconnected must send the qualifying facility the payment it has received less the total charges it has incurred under part 7835.4200 and its own reasonable wheeling costs.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.4500 Commission Determination
In case of a dispute between a utility and a qualifying facility or an impasse in the negotiations between them, either party may request the commission to determine the issue. When the commission makes the determination, the burden of proof must be on the utility.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.4550 Fees and Costs
In the order resolving the dispute, the commission shall require the prevailing party's reasonable costs, disbursements, and attorney's fees to be paid by the party against whom the issue or issues were adversely decided, except that a qualifying facility will be required to pay the costs, disbursements, and attorney's fees of the utility only if the commission finds that the claims of the qualifying facility have been made in bad faith or are a sham or frivolous.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.4600 Contents of Written Notice
Within 60 days following each annual filing required by parts 7835.0300 to 7835.1200, every utility must furnish written notice to each of its customers that the utility is obligated to interconnect with and purchase electricity from cogenerators and small power producers; that the utility is obligated to provide information to all interested persons free of charge upon request; and that any disputes over interconnection, sales, and purchases are subject to resolution by the commission upon complaint.
The notice must be in language and form approved by the commission.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.4700 Availability of Information
Each utility must publish information that must be available to all interested persons free of charge upon request. Such information must include at least the following:
A. a statement of rates, terms, and conditions of interconnections;
B. a statement of technical requirements;
C. a sample contract containing the applicable terms and conditions;
D. pertinent rate schedules;
E. the title, address, and telephone number of the department of the utility to which inquiries should be directed; and
F. the statement: "The Minnesota Public Utilities Commission is available to resolve disputes upon written request," and the address and telephone number of the commission.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.4750 Interconnection Standards
Before a customer signs the uniform statewide contract, a utility must distribute to that customer a copy of, or electronic link to, the commission's order establishing interconnection standards dated September 28, 2004, in docket number E-999/CI-01-1023, or to currently effective interconnection standards established by subsequent commission order.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.4800 [Repealed, 40 SR 348]
[Repealed, 40 SR 348]
Minn. R. 7835.4900 [Repealed, 40 SR 348]
[Repealed, 40 SR 348]
Minn. R. 7835.5000 [Repealed, 40 SR 348]
[Repealed, 40 SR 348]
Minn. R. 7835.5100 [Repealed, 40 SR 348]
[Repealed, 40 SR 348]
Minn. R. 7835.5200 [Repealed, 40 SR 348]
[Repealed, 40 SR 348]
Minn. R. 7835.5300 [Repealed, 40 SR 348]
[Repealed, 40 SR 348]
Minn. R. 7835.5400 [Repealed, 40 SR 348]
[Repealed, 40 SR 348]
Minn. R. 7835.5500 [Repealed, 40 SR 348]
[Repealed, 40 SR 348]
Minn. R. 7835.5600 [Repealed, 40 SR 348]
[Repealed, 40 SR 348]
Minn. R. 7835.5700 [Repealed, 40 SR 348]
[Repealed, 40 SR 348]
Minn. R. 7835.5800 [Repealed, 40 SR 348]
[Repealed, 40 SR 348]
Minn. R. 7835.5900 Existing Contracts
Any existing interconnection contract executed between a utility and a qualifying facility with capacity of less than 40 kilowatts remains in force until terminated by mutual agreement of the parties or as otherwise specified in the contract.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993; 40 SR 348
Minn. R. 7835.5950 Renewable Energy Credit; Ownership
Generators own all renewable energy credits unless:
A. other ownership is expressly provided for by a contract between a generator and a utility;
B. state law specifies a different outcome; or
C. specific commission orders or rules specify a different outcome.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Minn. R. 7835.6000 Contract Language Flexibility
Electric utilities organized as cooperatives may substitute "Cooperative" wherever "Utility" appears in the uniform statewide contract in part 7835.9910.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.6100 Uniform Statewide Contract
The form of the uniform statewide contract for use between a utility and a qualifying facility having less than 40 kilowatts of capacity must be as shown in part 7835.9910.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993
Minn. R. 7835.9910 Uniform Statewide Contract; Form
The form for the uniform statewide contract must be applied to all new and existing interconnections between a utility and cogeneration and small power production facilities having less than 1,000 kilowatts of capacity, except as described in part 7835.5900.
UNIFORM STATEWIDE CONTRACT FOR COGENERATION AND SMALL POWER PRODUCTION FACILITIES
THIS CONTRACT is entered into ___________________, ____, by _______________________________________ (hereafter called "Utility") and __________________________________________________ ____________________ (hereafter called "QF").
RECITALS
The QF has installed electric generating facilities, consisting of ___________________________________________________ _________________________________________________________________ __________________________________ (Description of facilities), rated at ____ kilowatts of electricity, on property located at ______________________________________________________ ___________________________.
The QF is prepared to generate electricity in parallel with the Utility.
The QF's electric generating facilities meet the requirements of the Minnesota Public Utilities Commission (hereafter called "Commission") rules on Cogeneration and Small Power Production and any technical standards for interconnection the Utility has established that are authorized by those rules.
The Utility is obligated under federal and Minnesota law to interconnect with the QF and to purchase electricity offered for sale by the QF.
A contract between the QF and the Utility is required by the Commission's rules.
AGREEMENTS
The QF and the Utility agree:
-
The Utility will sell electricity to the QF under the rate schedule in force for the class of customer to which the QF belongs.
-
The Cooperative Electric Association or Municipally Owned Electric Utility will buy electricity from the QF under the current rate schedule filed with the Commission. The QF elects the rate schedule category hereinafter indicated:
____ a. Average retail utility energy rate under part 7835.3300.
____ b. Simultaneous purchase and sale billing rate under part 7835.3400.
____ c. Time-of-day purchase rates under part 7835.3500.
A copy of the presently filed rate schedule is attached to this contract.
- The Public Utility will buy electricity from the QF under the current rate schedule filed with the Commission. If the QF has less than 40 kilowatts capacity, the QF elects the rate schedule category hereinafter indicated:
____ a. Average retail utility energy rate under part 7835.4013.
____ b. Simultaneous purchase and sale billing rate under part 7835.4014.
____ c. Time-of-day purchase rates under part 7835.4015.
A copy of the presently filed rate schedule is attached to this contract.
- The Public Utility will buy electricity from the QF under the current rate schedule filed with the Commission. If the QF is not a net metered facility and has at least 40 kilowatts capacity but less than 1,000 kilowatt capacity, the QF elects the rate schedule category hereinafter indicated:
____ a. Simultaneous purchase and sale billing rate under part 7835.4014.
____ b. Time-of-day purchase rates under part 7835.4015.
A copy of the presently filed rate schedule is attached to this contract.
- The Public Utility will buy electricity from a net metered facility under the current rate schedule filed with the Commission or will compensate the facility in the form of a kilowatt-hour credit on the facility's energy bill. If the net metered facility has at least 40 kilowatts capacity but less than 1,000 kilowatts capacity, the QF elects the rate schedule category hereinafter indicated:
____ a. Kilowatt-hour energy credit on the customer's energy bill, carried forward and applied to subsequent energy bills, with an annual true-up under part 7835.4017.
____ b. Simultaneous purchase and sale billing rate under part 7835.4014.
____ c. Time-of-day purchase rates under part 7835.4015.
A copy of the presently filed rate schedule is attached to this contract.
-
The rates for sales and purchases of electricity may change over the time this contract is in force, due to actions of the Utility or of the Commission, and the QF and the Utility agree that sales and purchases will be made under the rates in effect each month during the time this contract is in force.
-
The Public Utility, Cooperative Electric Association, or Municipally Owned Electric Utility will compute the charges and payments for purchases and sales for each billing period. Any net credit to the QF, other than kilowatt-hour credits under clause 5, will be made under one of the following options as chosen by the QF:
____ a. Credit to the QF's account with the Utility.
____ b. Paid by check to the QF within 15 days of the billing date.
- Renewable energy credits associated with generation from the facility are owned by:
_
-
The QF must operate its electric generating facilities within any rules, regulations, and policies adopted by the Utility not prohibited by the Commission's rules on Cogeneration and Small Power Production which provide reasonable technical connection and operating specifications for the QF. This agreement does not waive the QF's right to bring a dispute before the Commission as authorized by Minnesota Rules, part 7835.4500, and any other provision of the Commission's rules on Cogeneration and Small Power Production authorizing Commission resolution of a dispute.
-
The Utility's rules, regulations, and policies must conform to the Commission's rules on Cogeneration and Small Power Production.
-
The QF will operate its electric generating facilities so that they conform to the national, state, and local electric and safety codes, and will be responsible for the costs of conformance.
-
The QF is responsible for the actual, reasonable costs of interconnection which are estimated to be $_____________. The QF will pay the Utility in this way: ___________________________________________________________ ________________________________________________________________.
-
The QF will give the Utility reasonable access to its property and electric generating facilities if the configuration of those facilities does not permit disconnection or testing from the Utility's side of the interconnection. If the Utility enters the QF's property, the Utility will remain responsible for its personnel.
-
The Utility may stop providing electricity to the QF during a system emergency. The Utility will not discriminate against the QF when it stops providing electricity or when it resumes providing electricity.
-
The Utility may stop purchasing electricity from the QF when necessary for the Utility to construct, install, maintain, repair, replace, remove, investigate, or inspect any equipment or facilities within its electric system. The Utility will notify the QF before it stops purchasing electricity in this way: ___________________________________________________________ ________________________________________________________________.
-
The QF will keep in force liability insurance against personal or property damage due to the installation, interconnection, and operation of its electric generating facilities. The amount of insurance coverage will be $______________ (The amount must be consistent with the Commission's interconnection standards under Minnesota Rules, part 7835.4750).
-
This contract becomes effective as soon as it is signed by the QF and the Utility. This contract will remain in force until either the QF or the Utility gives written notice to the other that the contract is canceled. This contract will be canceled 30 days after notice is given.
-
This contract contains all the agreements made between the QF and the Utility except that this contract shall at all times be subject to all rules and orders issued by the Public Utilities Commission or other government agency having jurisdiction over the subject matter of this contract. The QF and the Utility are not responsible for any agreements other than those stated in this contract.
THE QF AND THE UTILITY HAVE READ THIS CONTRACT AND AGREE TO BE BOUND BY ITS TERMS. AS EVIDENCE OF THEIR AGREEMENT, THEY HAVE EACH SIGNED THIS CONTRACT BELOW ON THE DATE WRITTEN AT THE BEGINNING OF THIS CONTRACT.
_
QF
By:________________________________
_
_
UTILITY
By:________________________________
_
(Title)
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 9 SR 993; L 1998 c 254 art 1 s 107; 40 SR 348
Minn. R. 7835.9920 Nonstandard Provisions
A utility intending to implement provisions other than those included in the uniform statewide form of contract must file a request for authorization with the commission. The filing must conform with chapter 7829 and must identify all provisions the utility intends to use in the contract with a qualifying facility.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.164
- History: 40 SR 348
Chapter 7836 WIND SITING
Minn. R. 7836.0100 [Renumbered 7854.0100]
[Renumbered 7854.0100]
Minn. R. 7836.0200 [Renumbered 7854.0200]
[Renumbered 7854.0200]
Minn. R. 7836.0300 [Renumbered 7854.0300]
[Renumbered 7854.0300]
Minn. R. 7836.0400 [Renumbered 7854.0400]
[Renumbered 7854.0400]
Minn. R. 7836.0500 [Renumbered 7854.0500]
[Renumbered 7854.0500]
Minn. R. 7836.0600 [Renumbered 7854.0600]
[Renumbered 7854.0600]
Minn. R. 7836.0700 [Renumbered 7854.0700]
[Renumbered 7854.0700]
Minn. R. 7836.0800 [Renumbered 7854.0800]
[Renumbered 7854.0800]
Minn. R. 7836.0900 [Renumbered 7854.0900]
[Renumbered 7854.0900]
Minn. R. 7836.1000 [Renumbered 7854.1000]
[Renumbered 7854.1000]
Minn. R. 7836.1100 [Renumbered 7854.1100]
[Renumbered 7854.1100]
Minn. R. 7836.1200 [Renumbered 7854.1200]
[Renumbered 7854.1200]
Minn. R. 7836.1300 [Renumbered 7854.1300]
[Renumbered 7854.1300]
Minn. R. 7836.1400 [Renumbered 7854.1400]
[Renumbered 7854.1400]
Minn. R. 7836.1500 [Renumbered 7854.1500]
[Renumbered 7854.1500]
Chapter 7840 ENERGY CONSERVATION IMPROVEMENT APPEALS
Minn. R. 7840.0200 [Renumbered 7690.0200]
[Renumbered 7690.0200]
Minn. R. 7840.0300 [Renumbered 7690.0300]
[Renumbered 7690.0300]
Minn. R. 7840.0400 [Renumbered 7690.0400]
[Renumbered 7690.0400]
Minn. R. 7840.0500 [Renumbered 7690.0500]
[Renumbered 7690.0500]
Minn. R. 7840.0600 [Renumbered 7690.0600]
[Renumbered 7690.0600]
Minn. R. 7840.0700 [Renumbered 7690.0700]
[Renumbered 7690.0700]
Minn. R. 7840.0800 [Renumbered 7690.0800]
[Renumbered 7690.0800]
Minn. R. 7840.0900 [Renumbered 7690.0900]
[Renumbered 7690.0900]
Minn. R. 7840.1000 [Repealed, 14 SR 2193]
[Repealed, 14 SR 2193]
Minn. R. 7840.1100 [Renumbered 7690.1100]
[Renumbered 7690.1100]
Minn. R. 7840.1150 [Renumbered 7690.1200]
[Renumbered 7690.1200]
Minn. R. 7840.1200 [Renumbered 7690.1300]
[Renumbered 7690.1300]
Minn. R. 7840.1300 [Renumbered 7690.1400]
[Renumbered 7690.1400]
Minn. R. 7840.1400 [Repealed, 14 SR 2193]
[Repealed, 14 SR 2193]
Minn. R. 7840.1500 Right of Appeal
A utility, a political subdivision, or a nonprofit or community organization that has proposed, or filed comments on, a conservation improvement program under part 7690.0500 or 7690.0900, or the attorney general acting on behalf of consumers and small business interests, may petition the Public Utilities Commission to modify or reject a Department of Commerce decision under part 7690.1300 or 7690.1400 regarding a conservation improvement program.
History
- Statutory Authority: MS s 216B.08; 216B.241
- History: 15 SR 1123; L 2001 1Sp4 art 6 s 1
Minn. R. 7840.1600 Timeliness of Appeal
A petition challenging a department decision under part 7690.1300 or 7690.1400 must be filed with the Public Utilities Commission within 20 days after the department's decision. A petition is considered filed when received at the commission offices during normal business hours.
History
- Statutory Authority: MS s 216B.08; 216B.241
- History: 15 SR 1123
Minn. R. 7840.1700 Contents of Petition and Supporting Documentation
A petition filed under part 7840.1500 must comply with part 7830.2100, except that the petitioner shall provide the Public Utilities Commission with 15 copies of the petition. The petition must include as attachments a copy of the Department of Commerce's written decision being challenged and the relevant written materials not already provided to the commission. The petition may incorporate by reference the relevant documents that have already been provided to the commission.
History
- Statutory Authority: MS s 216B.08; 216B.241
- History: 15 SR 1123; L 2001 1Sp4 art 6 s 1
Minn. R. 7840.1800 Service of Petition
The petition and accompanying documents must be served on the Department of Commerce and the persons who were served with the department's proposed decision under part 7690.1000, subpart 2. Service may be in person or by mail and must be simultaneous with the filing of the petition.
History
- Statutory Authority: MS s 216B.08; 216B.241
- History: 15 SR 1123; L 2001 1Sp4 art 6 s 1
Minn. R. 7840.1900 Comments in Response to Petition
A person may submit written comments replying to the petition filed under part 7840.1500. These comments must be filed with the Public Utilities Commission within 15 days after the deadline for filing under part 7840.1600.
History
- Statutory Authority: MS s 216B.08; 216B.241
- History: 15 SR 1123
Minn. R. 7840.2000 Commission Decision
Subpart 1. Burden of proof and decision criteria.
The petitioner has the burden of proving that the decision of the Department of Commerce will result in a conservation improvement program that is ineffective, does not adequately address the needs of renters and low-income persons, or is otherwise not in the public interest. The Public Utilities Commission shall sustain the department's decision if the petitioner fails to meet this burden.
Subp. 2. Insufficient information.
On determining that more information is needed before issuing a decision on the merits of the petition, the commission shall issue an order requiring supplemental filings. The supplemental information must be filed with the commission and served on the department, the utility, and other parties who filed comments replying to the petition. The supplemental information must be filed and served within 15 days after the commission issues its order under this subpart unless otherwise ordered by the commission. The responses, if any, to the supplemental filings must be filed with the commission and served on the department, the utility, and the persons who filed supplemental information within 15 days after the deadline for supplemental filings.
Subp. 3. Final disposition.
After review of the petition and comments, the commission shall issue an order that accepts, rejects, or modifies the department's decision, or that orders a contested case under Minnesota Statutes, chapter 14.
History
- Statutory Authority: MS s 216B.08; 216B.241
- History: 15 SR 1123; L 2001 1Sp4 art 6 s 1
Chapter 7843 UTILITY RESOURCE PLANNING PROCESS
Minn. R. 7843.0100 Definitions
Subpart 1. Scope.
The terms used in parts 7843.0100 to 7843.0600 have the meanings given them in this part.
Subp. 2. Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subp. 3. Construction.
"Construction" means significant physical alteration of a site to install or enlarge a major utility facility, but does not include activities incident to preliminary engineering or environmental studies.
Subp. 4. Contested case proceeding.
"Contested case proceeding" means a resource plan proceeding that has been referred to the Office of Administrative Hearings for proceedings under Minnesota Statutes, sections 14.57 to 14.62.
Subp. 5. Electric utility.
"Electric utility" means a person, corporation, or other legal entity engaged in generating, transmitting, and selling at retail electricity in Minnesota and whose retail rates are regulated by the commission.
Subp. 6. Forecast period.
"Forecast period" means the first 15 calendar years following the year the proposed resource plan is filed.
Subp. 7. Major utility facility.
"Major utility facility" has the meaning given the term in Minnesota Statutes, section 216B.24, subdivision 1.
Subp. 8. Party.
"Party" means the utility that submitted a specific proposed resource plan or an entity permitted to intervene in the proceeding to evaluate that plan.
Subp. 9. Resource plan.
"Resource plan" means a set of resource options that a utility could use to meet the service needs of its customers over the forecast period, including an explanation of the supply and demand circumstances under which, and the extent to which, each resource option would be used to meet those service needs. These resource options include using, modifying, and constructing utility plant and equipment; buying power generated by other entities; controlling customer loads; and implementing customer energy conservation.
Subp. 10. Socioeconomic effects.
"Socioeconomic effects" means changes in the social and economic environments, including, for example, job creation, effects on local economies, geographical concentration of persons and structures, concentration of investment capital, and the ability of low-income and rental households to receive conservation services.
Subp. 11. Utility.
"Utility" means electric utility.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.09; 216B.13; 216B.16; 216B.24; 216B.33; 216C.05
- History: 15 SR 336
Minn. R. 7843.0200 Purpose and Scope
Subpart 1. Purpose.
The purpose of parts 7843.0100 to 7843.0600 is to prescribe the contents of and procedures for regulatory review of resource plan filings.
Subp. 2. Scope.
Parts 7843.0100 to 7843.0600 apply to an electric utility with more than 1,000 retail customers in Minnesota. If the electric utility is part of an entity that also sells or transports gas, parts 7843.0100 to 7843.0600 apply only to the entity's electric operations.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.09; 216B.13; 216B.16; 216B.24; 216B.33; 216C.05
- History: 15 SR 336
Minn. R. 7843.0300 Filing Requirements and Procedures
Subpart 1. Procedural rules.
Except as otherwise shown in parts 7843.0100 to 7843.0600, the procedures prescribed by parts 7830.0100 to 7830.4400 apply to resource plan filings.
Subp. 2. Filing date.
Beginning July 1, 1991, and July 1, 1992, and every two years afterward, an electric utility shall submit a proposed resource plan covering the forecast period. The commission shall designate by order those utilities who shall make their initial filings in 1991 and those who shall make their initial filings in 1992. In deciding between the years for a given utility, the commission shall consider the size of the utility and its likely need for additional resources, including large energy facilities, defined in Minnesota Statutes, section 216B.2421, subdivision 2, and major utility facilities.
Subp. 3. Completeness of filing.
The resource plan filing must contain the information required by part 7843.0400, unless an exemption has been granted under subpart 4. If the commission determines before September 1 of the filing year that the filed information is incomplete or unclear, it may order the utility to augment or clarify the filing.
This subpart does not limit the right of process participants to submit information requests under subpart 8.
Subp. 4. Exemptions from data requirements.
Before submitting a proposed resource plan, the utility may be exempted from a data requirement of parts 7843.0100 to 7843.0600 if the utility (1) submits a written request for an exemption from specified rules and (2) shows that the data requirement is unnecessary or may be satisfied by submitting another document. A request for exemption must be filed at least 90 days before the resource plan is due. Interested persons or parties may submit comments on the request within 30 days of the date the request is filed. As soon as practicable, the commission shall provide a written response to the request and include the reasons for its decision.
Subp. 5. Copies of filings.
A covered utility shall submit 15 copies of its resource plan filing to the commission. The commission may request up to ten additional copies of combined and common filings. A utility shall also provide copies to the Minnesota Department of Commerce, the Residential and Small Business Utilities Division of the Office of the Attorney General, the Minnesota Environmental Quality Board and member agencies, and other interested persons or parties who request copies. A utility shall maintain a distribution list. The list must include the names and addresses of the persons or organizations receiving copies and the number of copies provided. A utility is not required to distribute more than 100 copies. However, a utility shall honor reasonable requests for copies of the nontechnical summary identified in part 7843.0400, subpart 4.
Subp. 6. Changes to filings.
After the resource plan filing is submitted, each page of a change or correction to a previously filed page must be marked with the word "REVISED" and with the date the revision was made. The utility shall send to persons receiving copies of the resource plan filing a like number of copies of changed or corrected pages.
Subp. 7. Intervention.
Interested persons may become, or may petition to become, parties under parts 7830.0100 to 7830.4400. The Minnesota Department of Commerce, the Residential and Small Business Utilities Division of the Office of the Attorney General, and the Minnesota Environmental Quality Board may petition as of right in a resource plan proceeding.
"Petition as of right" means a petition for intervention that confers party status upon the petitioner without formal approval from either the commission or an administrative law judge.
The deadline for intervention is November 1 of the year the utility's proposed resource plan is filed. The commission may allow late intervention, upon good cause.
Subp. 8. Information requests.
The parties shall comply with reasonable requests for information by the commission, other parties, and other interested persons. A copy of an information request must be provided to the commission and to known parties. Parties shall reply to information requests within ten days of receipt, unless this would place an extreme hardship upon the replying party. At least one copy of information provided to a party or other interested person must be filed with the commission. The replying party must also provide a copy of the information to any other party or interested person upon request. Disputes regarding information requests may be taken to the commission or, if a contested case proceeding has been ordered, to the assigned administrative law judge.
Subp. 9. Uncontested proceeding.
The commission shall conduct the resource planning process as an uncontested proceeding, unless a contested case proceeding is required by statute or constitutional right.
"Uncontested proceeding" means a proceeding before the commission that has not been referred to the Office of Administrative Hearings for proceedings under Minnesota Statutes, sections 14.57 to 14.62.
Subp. 10. Written comments.
Parties and other interested persons have until November 1 of the filing year to review and comment upon the resource plan filings. The comments may include proposed alternative resource plans described in subpart 11.
Subp. 11. Proposed alternative resource plans.
Parties and other interested persons may express support for the proposed resource plan filed by a utility. Alternatively, parties and other interested persons may file proposed resource plans different from the plan proposed by the utility. When a plan differs from that submitted by the utility, the plan must be accompanied by a narrative and quantitative discussion of why the proposed changes would be in the public interest, considering the factors listed in part 7843.0500, subpart 3.
Subp. 12. Response comment period.
Parties and other interested persons may file responses to the comments and to the proposed alternative resource plans of other parties or interested persons from November 1 to December 31 of the filing year.
Subp. 13. Official service list.
The commission shall maintain an official service list for a resource plan proceeding. The preparer of a filing shall serve copies on persons on the official service list at the time of service, except as provided in subpart 8.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.09; 216B.13; 216B.16; 216B.24; 216B.33; 216C.05
- History: 15 SR 336; L 2001 1Sp4 art 6 s 1
Minn. R. 7843.0400 Contents of Resource Plan Filings
Subpart 1. Advance forecasts.
A utility shall include in the filing identified in subpart 2 its most recent annual submission to the Minnesota Department of Commerce and the Minnesota Environmental Quality Board under Minnesota Statutes, sections 216B.2422, subdivision 2a, and 216C.17, and parts 7610.0100 to 7610.0600.
Subp. 2. Resource plan.
A utility shall file a proposed plan for meeting the service needs of its customers over the forecast period. The plan must show the resource options the utility believes it might use to meet those needs. The plan must also specify how the implementation and use of those resource options would vary with changes in supply and demand circumstances. The utility is only required to identify a resource option generically, unless a commitment to a specific resource exists at the time of the filing. The utility shall also discuss plans to reduce existing resources through sales, leases, deratings, or retirements.
"Derating" means a temporary or permanent reduction in the expected power output of a generating facility.
Subp. 3. Supporting information.
A utility shall include in its resource plan filing information supporting selection of the proposed resource plan.
A. When a utility's existing resources are inadequate to meet the projected level of service needs, the supporting information must contain a complete list of resource options considered for addition to the existing resources. At a minimum, the list must include new generating facilities of various types and sizes and with various fuel types, cogeneration, new transmission facilities of various types and sizes, upgrading of existing generation and transmission equipment, life extensions of existing generation and transmission equipment, load-control equipment, utility-sponsored conservation programs, purchases from nonutilities, and purchases from other utilities. The utility may seek additional input from the commission regarding the resource options to be included in the list. For a resource option that could meet a significant part of the need identified by the forecast, the supporting information must include a general evaluation of the option, including its availability, reliability, cost, socioeconomic effects, and environmental effects.
B. The supporting information must include descriptions of the overall process and of the analytical techniques used by the utility to create its proposed resource plan from the available options.
C. The supporting information must include an action plan, a description of the activities the utility intends to undertake to develop or obtain noncurrent resources identified in its proposed plan. The action plan must cover a five-year period beginning with the filing date. The action plan must include a schedule of key activities, including construction and regulatory filings.
D. For the proposed resource plan as a whole, the supporting information must include a narrative and quantitative discussion of why the plan would be in the public interest, considering the factors listed in part 7843.0500, subpart 3.
Subp. 4. Nontechnical summary.
A utility shall include in its resource plan filing a nontechnical summary, not exceeding 25 pages in length and describing the utility's resource needs, the resource plan created by the utility to meet those needs, the process and analytical techniques used to create the plan, activities required over the next five years to implement the plan, and the likely effect of plan implementation on electric rates and bills.
Subp. 5. Combined and common filings.
Utilities may combine their individual filings into a single larger filing, as long as the action does not lead to a loss of information. Information common to two or more of the utilities need only be submitted once, as long as the filing clearly shows the utilities to which the information applies.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.09; 216B.13; 216B.16; 216B.24; 216B.33; 216C.05
- History: 15 SR 336; L 2001 1Sp4 art 6 s 1
Minn. R. 7843.0500 Commission Review of Resource Plans
Subpart 1. Decision.
Based upon the record, which is the information filed with the commission in the resource plan proceeding of a utility, including responses to information requests, the commission shall issue a decision consisting of findings of fact and conclusions on the utility's proposed resource plan and the alternative resource plans. If the commission determines there is insufficient information upon which to issue findings and conclusions, it may delay issuing its decision to permit production of the desired type and level of information.
Subp. 2. Preferred plan.
If the commission concludes that a set of resource options would be optimal, considering the desirable attributes listed in subpart 3, it may identify that set of resource options as a preferred resource plan. A preferred resource plan need not have been specifically proposed or advocated by the utility, an intervening party, or other interested person.
Subp. 3. Factors to consider.
In issuing its findings of fact and conclusions, the commission shall consider the characteristics of the available resource options and of the proposed plan as a whole. Resource options and resource plans must be evaluated on their ability to:
A. maintain or improve the adequacy and reliability of utility service;
B. keep the customers' bills and the utility's rates as low as practicable, given regulatory and other constraints;
C. minimize adverse socioeconomic effects and adverse effects upon the environment;
D. enhance the utility's ability to respond to changes in the financial, social, and technological factors affecting its operations; and
E. limit the risk of adverse effects on the utility and its customers from financial, social, and technological factors that the utility cannot control.
Subp. 4. Issues requiring further consideration.
In its decision, the commission may direct the utility to provide in its next resource plan filing a discussion of specified issues. The issues may include those not totally resolved in the current proceeding and those for which the state of knowledge is changing substantially between resource plan filings.
Subp. 5. Changed circumstances affecting resource plans.
The utility shall inform the commission and other parties to the last resource plan proceeding of changed circumstances that may significantly influence the selection of resource plans. Upon receiving notice of changed circumstances, the commission shall consider whether additional administrative proceedings are necessary before the utility's next regularly scheduled resource plan proceeding.
Subp. 6. Authority of other agencies.
Issuance of a resource plan decision by the commission does not limit the statutory authority of other agencies in their regulatory responsibilities.
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.09; 216B.13; 216B.16; 216B.24; 216B.33; 216C.05
- History: 15 SR 336
Minn. R. 7843.0600 Relationship to Other Commission Processes
Subpart 1. Other proceedings begun before plan proceeding completed.
The commission shall not use the resource planning process as a reason to delay unduly the completion of a proceeding begun under other law.
Subp. 2. Resource plan findings of fact and conclusions.
The findings of fact and conclusions from the commission's decision in a resource plan proceeding may be officially noticed or introduced into evidence in related commission proceedings, including, for example, rate reviews, conservation improvement program appeals, depreciation certifications, security issuances, property transfer requests, cogeneration and small power production filings, and certificate of need cases. In those proceedings, the commission's resource plan decision constitutes prima facie evidence of the facts stated in the decision. This subpart does not prevent an interested person from submitting substantial evidence to rebut the findings and conclusions in another proceeding.
Subp. 3. Construction of major utility facilities.
A utility submitting a proposed resource plan is exempt from the requirements of other rules covering construction of major utility facilities and adopted under Minnesota Statutes, section 216B.24. The exemption does not constitute a waiver of the commission's right to review the prudence of the construction or planning in later resource plan and general rate case proceedings.
Subp. 4. Exemption from filing when certificate of need proceeding initiated.
The commission shall grant an exemption from the filing requirements of parts 7843.0100 to 7843.0600 if the conditions in items A to E are met:
A. The utility plans to submit a certificate of need application under Minnesota Statutes, section 216B.243.
B. The utility submits a written request for an exemption that indicates the utility's intent to apply for a certificate of need, the size and type of facility for which certification will be sought, the projected application date, and the utility's willingness to submit all the information required by part 7843.0400, subparts 1 to 4, with the certificate of need application. The request must be filed by April 1 of the filing year and at least 90 days before the projected filing date for the certificate of need application.
C. The utility agrees that, if the exemption is granted and it fails to submit the certificate of need application by the projected application date, it will submit either the certificate of need application or a resource plan filing within 60 days of the projected application date or by July 1, whichever is later.
D. The commission determines that the utility's filings in the anticipated certificate of need proceeding will provide the information needed to issue a decision and select a preferred resource plan under part 7843.0500. In deciding whether the certificate of need filings will provide the necessary information, the commission shall consider factors such as the size and type of facility for which the certificate of need is sought.
E. The commission determines that the exemption will foster administrative efficiency, considering:
History
- Statutory Authority: MS s 216B.03; 216B.08; 216B.09; 216B.13; 216B.16; 216B.24; 216B.33; 216C.05
- History: 15 SR 336
Chapter 7845 COMMISSION CONDUCT; COMMUNICATION
Minn. R. 7845.0100 Definitions
Subpart 1. Code.
"Code" refers to the code of conduct required by Minnesota Statutes, section 216A.037, subdivision 3, and set out in this chapter.
Subp. 2. Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subp. 3. Commissioner.
"Commissioner" means a member of the commission.
Subp. 4. Employee.
"Employee" means the executive secretary of the commission, or a member of the commission's professional, secretarial, or clerical staff.
Subp. 5.
[Renumbered Subp. 10]
Subp. 6.
[Renumbered Subp. 12]
Subp. 7. Party.
"Party" means a person by or against whom a proceeding before the commission is commenced or a person permitted to intervene in a proceeding before the commission. A party includes a petitioner, complainant, intervenor, applicant, and respondent, and their attorneys, agents, or representatives.
Subp. 8. Proceeding.
"Proceeding" means a formal or informal undertaking of the commission, on its own motion or otherwise, in which it seeks to resolve questions or issues raised in a complaint, in a petition, or during rulemaking.
Subp. 9.
[Renumbered Subp. 11]
Subp. 10. Public utility.
"Public utility" has the meaning given it in Minnesota Statutes, section 216B.02, subdivision 4, except that for the purposes of this chapter it also includes a municipal utility or a cooperative electric association that produces or furnishes natural, manufactured, or mixed gas or electric service and its agents, officers, and representatives.
Subp. 11. Rate-regulated entity.
"Rate-regulated entity" means an entity subject to rate regulation by the commission and includes all of the following:
A. a public utility as defined in Minnesota Statutes, section 216B.02, subdivision 4;
B. a cooperative electric association that has elected to become subject to regulation by the commission under Minnesota Statutes, section 216B.026;
C. a municipality that has elected to become subject to regulation by the commission under Minnesota Statutes, section 216B.025;
D. a telephone company as defined in Minnesota Statutes, section 237.01, subdivision 7;
E. an independent telephone company as defined in Minnesota Statutes, section 237.01, subdivision 3;
F. a telecommunications carrier as defined in Minnesota Statutes, section 237.01, subdivision 6; and
G. a small telephone company as defined in Minnesota Statutes, section 237.773, subdivision 1.
Subp. 12. Telephone company.
"Telephone company" has the meaning given it in Minnesota Statutes, section 237.01, except that for the purposes of this chapter it also includes an independent telephone company as defined in Minnesota Statutes, section 237.01, subdivision 3; a radio common carrier as defined in Minnesota Statutes, section 237.01, subdivision 4; a telecommunications carrier as defined in Minnesota Statutes, section 237.01, subdivision 6; a small telephone company as defined in Minnesota Statutes, section 237.773, subdivision 1; and their agents, officers, and representatives.
History
- Statutory Authority: MS s 216A.037
- History: 12 SR 458; 34 SR 902
Minn. R. 7845.0200 Authority
This code is prescribed by the commission under Minnesota Statutes, sections 216A.05 and 216A.037, subdivision 3.
History
- Statutory Authority: MS s 216A.037
- History: 12 SR 458
Minn. R. 7845.0300 Purpose and Construction
The purpose of this code is to preserve the integrity and independence of commission decision making and to promote public confidence in the objectivity of commission decisions. Commissioners and employees should maintain high standards of conduct to prevent a conflict or the appearance of a conflict between private interests and official duties. This code must be construed to secure these objectives in keeping with the quasi-judicial function of the commission.
History
- Statutory Authority: MS s 216A.037
- History: 12 SR 458
Minn. R. 7845.0400 Conflict of Interest; Impropriety
Subpart 1. General behavior.
A commissioner or employee shall respect and comply with the law and shall behave in a manner that promotes public confidence in the integrity and impartiality of the commission's decision making process.
Subp. 2. Actions prohibited.
Commissioners and employees shall avoid any action that might result in or create a conflict of interest or the appearance of impropriety, including:
A. using public office for private gain;
B. giving preferential treatment to an interested person or entity;
C. impeding the efficiency or economy of commission decision making;
D. losing independence or impartiality of action;
E. making a commission decision outside official channels; and
F. affecting adversely the confidence of the public in the integrity of the commission.
History
- Statutory Authority: MS s 216A.037
- History: 12 SR 458
Minn. R. 7845.0500 Quasi-Judicial Responsibilities
Subpart 1. Inappropriate influences.
Commissioners shall not be swayed by partisan interests, public clamor, or fear of criticism.
Subp. 2. Orderly proceedings, behavior.
Commissioners shall maintain order and decorum in proceedings before the commission. In their official capacity, commissioners must be patient, dignified, and courteous to litigants, witnesses, lawyers, commission staff, and others appearing before them. Commissioners shall require similar conduct from persons appearing before them.
History
- Statutory Authority: MS s 216A.037
- History: 12 SR 458
Minn. R. 7845.0600 Disqualification
Subpart 1. Disqualifying factors.
Commissioners and employees shall disqualify themselves if they:
A. have a personal bias or prejudice concerning a party;
B. before employment with the commission, served or participated as a lawyer or material witness in the pending proceeding; or
C. have an interest, other than that of the general public, that could be substantially affected by the outcome of the proceeding.
Subp. 2. Written disclosure; withdrawal.
The commissioner or employee shall disclose in writing within 48 hours to the commission the disqualifying interest and withdraw, taking no part in the pending proceeding.
History
- Statutory Authority: MS s 216A.037
- History: 12 SR 458
Minn. R. 7845.0700 Prohibited Activities
Subpart 1. In general; exceptions.
A commissioner or employee shall not directly or indirectly solicit or accept for the commissioner or employee, or for another person, any compensation, gift, gratuity, favor, entertainment, meal, beverage, loan, or other thing of monetary value from a public utility, telephone company, or party, that exceeds nominal value. This prohibition does not apply to:
A. books or printed materials that are relevant to the official responsibilities of the commission; or
B. an educational program devoted to improving the regulatory process or the administration of the commission that is open to other interested groups or state agencies under the same terms and conditions. Meals associated with the program must be paid for by a commissioner or employee who attends the program.
Subp. 2. Outside income.
A commissioner or professional employee shall not receive personal income, directly or indirectly, from a public utility or telephone company subject to regulation by the commission. A commissioner or professional employee may receive dividends or other earnings from a mutual fund or trust so long as the mutual fund or trust does not hold a significant portion of its investments in public utilities or telephone companies subject to regulation by the commission.
Subp. 3. Interests in utilities.
A commissioner or professional employee shall not invest in a public utility or telephone company, acquire a legal or equitable interest in it, however small, become its director or advisor, or actively participate in its affairs. This prohibition does not apply to:
A. ownership in a mutual fund or trust that holds securities in a telephone company or public utility unless the commissioner or professional employee participates in the management of the fund;
B. holding office or title in an educational, religious, charitable, fraternal, or civic organization that owns securities in a telephone company or public utility;
C. purchasing services from a telephone company or public utility on the same terms and conditions as a member of the general public; or
D. holding membership in a cooperative association under the same terms and conditions as other members of the cooperative.
Subp. 4. Outside employment.
A commissioner or employee shall not negotiate for or accept outside employment or other involvement in a business or activity that will impair the person's independence of judgment in the exercise of official duties.
Subp. 5. Insider information.
A commissioner or employee shall not directly or indirectly use, or permit others to use, information not made available to the general public, to advance a private interest.
History
- Statutory Authority: MS s 216A.037
- History: 12 SR 458
Minn. R. 7845.0800 Future Employment
Subpart 1. One-year restriction.
While employed with the commission or within one year after leaving it, a commissioner shall not accept employment with, receive compensation directly or indirectly from, or enter into a contractual relationship with a rate-regulated entity.
Subp. 2. Commissioner communication with parties.
A commissioner shall not communicate, directly or indirectly, with a party to a pending proceeding before the commission regarding past or future benefits or compensation to be received from that party. The commissioner shall disclose in writing to the commission any communication regarding past or future benefits or compensation within 48 hours after the communication is made. The commission may dismiss a proceeding if an applicant, petitioner, or complainant violates this subpart.
Subp. 3. Employee communication with parties.
A professional employee shall disclose in writing to the commission any communication regarding future benefits, compensation, or employment with a party to a pending proceeding before the commission within 48 hours after the communication is made. Reprisals must not be taken against a professional employee who complies with this subpart.
History
- Statutory Authority: MS s 216A.037
- History: 12 SR 458; 34 SR 902
Minn. R. 7845.0900 Postemployment Representation
Subpart 1. By commissioner.
A commissioner shall not represent a rate-regulated entity, formally or informally, before the commission for one year after leaving the commission. At no time shall a commissioner represent a party on a proceeding that was pending before the commission during that commissioner's term in office.
Subp. 2. By employee.
For one year after leaving the commission, an employee shall not represent a rate-regulated entity before the commission on a proceeding that the employee participated in during that employment with the commission.
History
- Statutory Authority: MS s 216A.037
- History: 12 SR 458; 34 SR 902
Minn. R. 7845.1000 Sanctions
Subpart 1. Against commissioner.
A commissioner who intentionally fails to comply with this code is subject to disciplinary action under Minnesota Statutes, sections 15.0575 and 216A.036, and in accordance with Minnesota Statutes, section 43A.33.
Subp. 2. Against employee.
An employee who intentionally fails to comply with this code is subject to disciplinary action under the applicable collective bargaining agreement, commissioner's or manager's plan, or in accordance with Minnesota Statutes, section 43A.33.
History
- Statutory Authority: MS s 216A.037
- History: 12 SR 458
Minn. R. 7845.7000 Definitions
Subpart 1. Scope.
The terms used in parts 7845.7000 to 7845.7600 have the meanings given them in this part.
Subp. 2. Decision-making personnel.
"Decision-making personnel" means the commission's executive secretary and professional staff, and consultants to the commission.
Subp. 3. Disputed formal petition.
A "disputed formal petition" refers to a formal petition (1) filed with the commission, (2) for which a hearing is not automatically required, (3) for which the commission has received a written statement disputing the action or relief sought in the petition, and (4) on which the commission has ordered comments, written responses to comments, oral argument, negotiations, settlement conferences, a formal hearing, or other procedures it considers necessary or helpful to enable it to decide the petition. A petition ceases to be a "disputed formal petition" when the notice of dispute is withdrawn in writing or when the commission resolves the dispute by written order.
Subp. 4. Ex parte communication.
"Ex parte communication" means an oral or written, off-the-record communication made to or by commissioners or commission decision-making personnel, without notice to parties or participants, that is directed to the merits or outcome of an on-the-record proceeding. This term does not include procedural, scheduling, and status inquiries or other inquiries or requests for information that have no bearing on the merits or the outcome of the proceeding.
Subp. 5. Material issue.
"Material issue" means an issue that may affect the merits or outcome of an on-the-record proceeding.
Subp. 6.
[Renumbered Subp. 8]
Subp. 7. Participant.
"Participant" means a person who files comments or appears in a proceeding, other than public hearings held in contested cases and other commission proceedings conducted to receive general public comments, to present views without becoming a party.
Subp. 8. Party.
"Party" means a person by or against whom a proceeding before the commission is commenced or a person permitted to intervene in a proceeding before the commission. A party includes a petitioner, complainant, intervenor, applicant, and respondent, and their attorneys, agents, or representatives.
History
- Statutory Authority: MS s 216A.037
- History: 11 SR 1743; 34 SR 902
Minn. R. 7845.7100 Permissible Ex Parte Communications
An ex parte communication is permissible except as prohibited in part 7845.7200.
History
- Statutory Authority: MS s 216A.037
- History: 11 SR 1743
Minn. R. 7845.7200 Prohibited Ex Parte Communications
Subpart 1. Communications with commissioners.
An ex parte communication, either direct or indirect, must not be made or attempted to be made between a commissioner and a party or a participant concerning:
A. a material issue during a pending contested case proceeding, from the date the matter is referred to the Office of Administrative Hearings until the commission issues its final order and the time to petition for reconsideration expires, or until the commission issues a final order responding to the petition for reconsideration, whichever is later;
B. a material issue in a rulemaking proceeding after the beginning of commission deliberations, from the date the commission posts notice of its deliberations for adoption of rules on the open meeting calendar until the order adopting the rules is issued; or
C. a material issue in a disputed formal petition.
Subp. 2. Communications with staff.
Ex parte communications with decision-making personnel are not prohibited under Minnesota Statutes, section 216A.037.
History
- Statutory Authority: MS s 216A.037
- History: 11 SR 1743; 34 SR 902
Minn. R. 7845.7300 Handling Prohibited Ex Parte Communications
Subpart 1. Written communication.
When possible, a commissioner who receives a prohibited written ex parte communication shall forward the communication, without reading it, to the commission's executive secretary.
A commissioner who receives and reads a prohibited written ex parte communication shall forward the communication to the commission's executive secretary within 48 hours, along with a signed statement of the source of and circumstances under which the communication was received and read.
Subp. 2. Oral communication.
If a party or participant makes or attempts to make a prohibited oral ex parte communication to a commissioner, the commissioner shall advise the party or participant who makes or attempts to make the communication that the communication is prohibited and shall immediately terminate the communication. If a prohibited oral ex parte communication takes place, the commissioner who receives the communication shall forward to the commission's executive secretary, within 48 hours, a signed and dated statement that includes the following information:
A. the name and docket number of the proceeding;
B. to the extent known, the name and address of the person making the communication and the relationship, if any, to the parties to or the participants in the proceeding;
C. the date and time of the communication, its duration, and the means by and circumstances under which it was made;
D. a summary of the matters discussed; and
E. whether the party or participant making the prohibited communication persisted after being advised that the communication was prohibited.
Subp. 3. Notice to parties and participants.
The commission's executive secretary shall place the statement in the commission's public file within 48 hours, but shall not make the statement part of the record of the pending proceeding. The executive secretary shall serve a copy of the statement on the parties and participants on the commission's official service list. If the statement is voluminous, the executive secretary may serve notice to the parties and participants on the official service list that the statement is available for public inspection at the commission's offices during regular business hours.
History
- Statutory Authority: MS s 216A.037
- History: 11 SR 1743; 34 SR 902
Minn. R. 7845.7400 Handling Permissible Ex Parte Communications
Subpart 1. Documentation.
Documentation is not needed for permissible ex parte communications with commissioners and decision-making personnel except as provided in subparts 2 to 4.
Subp. 2. Written communications with staff.
Decision-making personnel who receive or generate a permissible written ex parte communication that is prohibited for commissioners under part 7845.7200 shall file a copy of the communication in the commission's public file with a notation of the sender and recipient within 48 hours after the communication is received or generated.
Subp. 3. Oral communications with staff.
Decision-making personnel who receive or generate a permissible oral ex parte communication that is prohibited for commissioners under part 7845.7200 shall ensure that the substance of the communication and the name of the maker or recipient of the communication is recorded in a signed memorandum to the commission's public file within 48 hours. If a proceeding has been assigned to an administrative law judge, a copy of the memorandum must be sent to the judge.
Subp. 4. Interim rate proceedings; compliance filings.
Commissioners and decision-making personnel may receive or generate written or oral ex parte communications with a party or participant in the setting of interim rates or the review of compliance filings following the issuance of a final order or order after reconsideration. Commissioners and decision-making personnel who receive or generate written or oral ex parte communications in these situations shall place a signed note in the commission's public file containing the name of the party or participant, date, docket number of proceeding, and topic as soon as practicable, but no later than the issuance of the interim rate order or the compliance filing order.
Subp. 5. Informing the public.
The commission shall make information regarding ex parte communications that occur in these situations available to the public upon reasonable request at its office during regular business hours.
History
- Statutory Authority: MS s 216A.037
- History: 11 SR 1743; 34 SR 902
Minn. R. 7845.7500 Sanctions
Subject to notice and hearing, a party who makes a prohibited ex parte communication to a commissioner or who encourages or solicits others to make a prohibited ex parte communication to a commissioner is subject to the sanctions listed in part 7845.7800.
History
- Statutory Authority: MS s 216A.037
- History: 11 SR 1743; 34 SR 902
Minn. R. 7845.7600 Violations by Commission and Staff
A commissioner who intentionally violates parts 7845.7000 to 7845.7500 shall recuse himself or herself and shall not participate, offer advice, or vote in the commission's decision-making process in the pending on-the-record proceeding.
Decision-making personnel who intentionally violate parts 7845.7000 to 7845.7500 must be removed from participating in a staff support capacity or prohibited from offering advice on the affected case if the violation has substantially interfered with due process in the proceeding.
History
- Statutory Authority: MS s 216A.037
- History: 11 SR 1743
Minn. R. 7845.7700 Ex Parte Communications; Complaints Seeking Sanctions
Subpart 1. Complaint.
A person seeking sanctions for alleged ex parte violations may file a complaint with the commission.
Subp. 2. Contents.
The contents of the complaint must include all of the following information:
A. name and address of the complainant;
B. name and address of the complainant's counsel, if any;
C. name and address of each person alleged to have violated the ex parte prohibition (respondents);
D. name and address of each respondent's counsel, if any;
E. facts constituting the allegation; and
F. sanctions sought.
Subp. 3. Service.
Complaints filed under this part must be filed with the commission and mailed to or served on all of the following:
A. each respondent;
B. the department;
C. the Residential Utilities Division of the Office of the Attorney General; and
D. all persons on the commission's official service list for the proceeding.
Subp. 4. Answer.
Within seven days of service of the complaint, each respondent shall file an answer with the commission and serve it on all of the following:
A. each complainant;
B. the department;
C. the Residential Utilities Division of the Office of the Attorney General; and
D. all persons on the commission's official service list for the proceeding.
History
- Statutory Authority: MS s 216A.037
- History: 34 SR 902
Minn. R. 7845.7800 Complaint Proceeding
Subpart 1. Office of Administrative Hearings.
The commission shall refer the complaint and answer to the Office of Administrative Hearings.
Subp. 2. Investigation.
The administrative law judge assigned to the ex parte complaint proceeding by the Office of Administrative Hearings shall conduct a hearing investigation and shall issue a report within 30 days after the matter is referred. If the administrative law judge determines that the report cannot be properly completed within that time period, the judge shall report that fact to the commission within the 30-day period and shall file a final report within a reasonable time thereafter, no later than 60 days after the referral to the Office of Administrative Hearings.
Subp. 3. Decision.
The report of the administrative law judge shall describe the relevant facts of the case and shall set forth the judge's findings as to whether ex parte violations occurred. The findings and decisions of the judge as to whether ex parte violations occurred are binding on the commission.
Subp. 4. Sanctions.
In the report, the administrative law judge shall discuss and make recommendations regarding sanctions, including the recusal of any commissioner or the removal of decision-making personnel from an affected case. The administrative law judge may only recommend that the commission impose one of the following sanctions if the judge finds that the condition specified for the sanction is met:
A. dismiss the proceeding if the prohibited ex parte communication has so prejudiced the proceeding that the commission cannot consider it impartially;
B. issue an adverse ruling on a pending issue that is the subject of the prohibited ex parte communication, when other parties or participants are prejudiced by the prohibited ex parte communication;
C. strike evidence or pleadings when the evidence or pleadings are tainted by the prohibited ex parte communication;
D. issue a public statement of censure by the commission, when the prohibited ex parte communication is determined to be part of a continuing pattern of improper ex parte communication;
E. issue a public statement of censure by the commission when a single prohibited communication takes place and mitigating circumstances exist that:
F. if the administrative law judge finds the complainant's allegation of an ex parte violation was interposed for any improper purpose, such as to harass or cause unnecessary delay or needless increase in the cost of the proceeding, the judge may recommend that the commission issue an appropriate sanction against the complainant.
History
- Statutory Authority: MS s 216A.037
- History: 34 SR 902
Minn. R. 7845.7900 Comment Period; Commission Decision
Subpart 1. Notice.
After receiving the administrative law judge's report, the commission shall provide notice of the report to all persons on the commission's official service list for the affected proceeding.
Subp. 2. Comment period.
Any person wishing to comment on the judge's report regarding the recommendation of sanctions must do so within ten days of the commission's notice of the report. The commission may extend the notice period for reasonable cause.
Subp. 3. Decision.
Following the comment period, and with notice, the commission shall hold a hearing and render its decision regarding the imposition of sanctions. Notice of the hearing must be sent to those on the commission's official service list for the affected proceeding.
History
- Statutory Authority: MS s 216A.037
- History: 34 SR 902
Chapter 7847 LARGE ENERGY FACILITIES
Minn. R. 7847.0010 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0020 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0100 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0110 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0120 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0130 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0140 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0150 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0200 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0210 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0220 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0230 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0240 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0250 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0260 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0270 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0280 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0290 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0300 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0310 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Minn. R. 7847.0320 [Repealed, 19 SR 116]
[Repealed, 19 SR 116]
Chapter 7848 BIENNIAL TRANSMISSION PROJECTS REPORTS
Minn. R. 7848.0100 Definitions
Subpart 1. Scope.
The terms used in this chapter have the meanings given them in this part.
Subp. 2. Board.
"Board" means the Minnesota Environmental Quality Board.
Subp. 3. Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subp. 4. Department.
"Department" means the Minnesota Department of Commerce.
Subp. 5. High-voltage transmission line.
"High-voltage transmission line" means (1) any transmission line that has capacity of 200 kilovolts or more or (2) any transmission line that has capacity of 100 kilovolts or more with more than ten miles of its length in Minnesota or that crosses a state line.
Subp. 6. Local government.
"Local government" includes town, statutory city, home rule charter city, and county governments.
Subp. 7. Person.
"Person" means a natural person, corporation, municipal corporation, public corporation, utility, state and local government or other governmental entity, government agency, association, tribal government, partnership, receiver, joint venture, trustee at common law or statutory trust guardian, or executor.
Subp. 8. Reliability administrator.
"Reliability administrator" means the person occupying the position established in Minnesota Statutes, section 216C.052.
Subp. 9. Utility.
"Utility" means any entity required to file a biennial transmission projects report under part 7848.0400 or its delegatee under part 7848.0500.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.0200 Applicability
This chapter applies to:
A. public utilities, as that term is defined in Minnesota Statutes, section 216B.02, subdivision 4, that own or operate electric transmission lines in Minnesota;
B. municipal utilities that own or operate electric transmission lines in Minnesota;
C. cooperative electric associations that own or operate electric transmission lines in Minnesota;
D. generation and transmission organizations that own or operate electric transmission lines in Minnesota; and
E. generation and transmission organizations filing transmission projects reports on behalf of public utilities, municipal utilities, or cooperative electric associations that own or operate transmission lines in Minnesota.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.0300 Rules of Practice and Procedure Apply
Proceedings under this chapter must be conducted according to the commission's rules of practice and procedure, chapter 7829, to the extent that those rules are consistent with the requirements of this chapter.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.0400 Biennial Transmission Projects Reports Required
By November 1 of each odd-numbered year, the following entities shall jointly or individually file transmission projects reports:
A. any public utility, as that term is defined in Minnesota Statutes, section 216B.02, subdivision 4, that owns or operates electric transmission lines in Minnesota;
B. any municipal utility that owns or operates electric transmission lines in Minnesota;
C. any cooperative electric association that owns or operates electric transmission lines in Minnesota; and
D. any generation and transmission organization that owns or operates electric transmission lines in Minnesota.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.0500 Delegating Filing Responsibilities
Any person required to make filings under part 7848.0400 may, by agreement with the generation and transmission organization that serves it, delegate its filing responsibilities under this chapter to that organization. If the generation and transmission organization to which the utility has delegated its filing responsibilities fails to make the filing, the utility remains responsible for making the filing.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.0600 Cooperation with Department
Utilities shall participate in any public outreach or transmission planning program that has been developed or is sponsored by the department or the reliability administrator and in which the department or the reliability administrator invites their participation.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.0700 Transmission Planning Zones
To facilitate meaningful public participation in transmission planning, the state is hereby divided into six transmission planning zones: northwest, northeast, southwest, southeast, west central, and Twin Cities metropolitan. The boundaries of these transmission planning zones are shown in the map at part 7848.9900.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.0800 Transmission Planning Mailing Lists
Each utility shall maintain a mailing list, called the transmission planning mailing list, of persons who ask to be notified of transmission planning meetings and related matters. Each utility shall post on its website a telephone number and email address that members of the public may use to place their names on this list.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.0900 Transmission Planning Meetings
Subpart 1. Securing input of the public and local and tribal governments.
Jointly or individually, utilities shall seek the assistance and input of local government officials, tribal government officials, and interested members of the public in identifying transmission inadequacies and alternative means of addressing them. To help secure this assistance and input, each utility shall hold transmission planning meetings as follows:
A. at least one transmission planning meeting each year in each transmission planning zone in which the utility intends to propose a high-voltage transmission line within the next five years; and
B. at least two transmission planning meetings in each affected transmission planning zone in the year in which it files for certification of a proposed high-voltage transmission line. Utilities may fulfill this obligation by holding joint transmission planning meetings. Transmission planning meetings must be open to the public.
Subp. 2. Issues to address in transmission planning meetings.
At transmission planning meetings the utilities shall:
A. answer questions;
B. seek information on local transmission needs and related energy needs;
C. seek input on transmission inadequacies they have identified and input on different ways to address these identified transmission inadequacies;
D. present an overview of:
E. provide a description of any high-voltage transmission line under serious consideration for construction within the transmission zone in the next five years;
F. provide a general description of each line's probable social, environmental, and economic effects and an account of all alternatives considered;
G. present information on the best routing information available;
H. provide a description of general right-of-way requirements for a line of the size and voltage proposed and a statement that the utility intends to acquire property rights for the right-of-way that the proposed line will require; and
I. present a brief description of the regulatory approval processes to which each line is subject.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.1000 Outreach Efforts for Transmission Planning Meetings
Subpart 1. Notice to interested persons.
Utilities shall conduct outreach efforts to inform local government officials, tribal government officials, and members of the public about the transmission planning meetings required in this part. At a minimum, utilities shall take the following actions:
A. mail to each county government within the transmission planning zone written materials briefly summarizing the transmission planning process; inviting local government input; giving the date, time, and place of the transmission planning meeting; and inviting the county to designate someone to serve as a liaison between the county and the utility on transmission issues;
B. mail to each tribal government within the transmission planning zone written materials briefly summarizing the transmission planning process; inviting tribal government input; giving the date, time, and place of the transmission planning meeting; and inviting the tribal government to designate someone to serve as a liaison between the tribal government and the utility on transmission issues;
C. mail to the League of Minnesota Cities written materials briefly summarizing the transmission planning process; inviting input from the league and municipalities within the transmission planning zone; giving the date, time, and place of the transmission planning meeting; and inviting the league to designate someone to serve as a liaison between the league and the utility on transmission issues;
D. mail to the Association of Minnesota Counties written materials briefly summarizing the transmission planning process; inviting input from the association; giving the date, time, and place of the transmission planning meeting; and inviting the association to designate someone to serve as a liaison between the association and the utility on transmission issues;
E. mail to the Minnesota Association of Townships written materials briefly summarizing the transmission planning process; inviting input from the association; giving the date, time, and place of the transmission planning meeting; and inviting the association to designate someone to serve as a liaison between the association and the utility on transmission issues;
F. mail to the board, the department, the Minnesota Pollution Control Agency, the Minnesota Department of Agriculture, the Minnesota Department of Natural Resources, the United States Fish and Wildlife Service, and the United States Park Service written materials briefly summarizing the transmission planning process; inviting input from these agencies; giving the date, time, and place of the transmission planning meeting; and inviting each of these agencies to designate a person to serve as its liaison between the agency and the utility on transmission issues;
G. publish display advertisements in at least one newspaper of general circulation in the county seat of each county within the transmission planning zone briefly summarizing the transmission planning process; inviting public input; and giving the date, time, and place of the transmission planning meeting;
H. mail to all persons who have asked to be on the utility's transmission planning mailing list and to all persons on the official service list for the previous biennial transmission projects report a notice of the date, time, and place of the transmission planning meeting; and
I. post on the utility's website information about transmission planning meetings briefly summarizing the transmission planning process; identifying utility representatives who can provide further information; inviting public input; providing addresses, telephone numbers, and email addresses for public input; and giving the date, time, and place of upcoming transmission planning meetings.
Subp. 2. Timing of mailings.
The written materials required under subpart 1, items A through F, must be mailed no later than 15 days before the transmission planning meeting to which they relate. The written materials required under subpart 1, item H, must be mailed no sooner than 30 days or later than ten days before the transmission planning meeting to which they relate. The newspaper advertisements required under subpart 1, item G, must appear no sooner than 30 days and no later than ten days before the transmission planning meeting to which they relate.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.1100 Follow-Up on Transmission Planning Meetings
Utilities shall encourage but not require persons attending transmission planning meetings to sign an attendance register and to list mailing and email addresses to which the utility can send transmission planning updates. Following each transmission planning meeting the utility shall prepare a synopsis of its presentation, public input received, and how the public input has influenced its decision-making process. The utility shall mail or email this synopsis to all persons who signed the attendance register and listed a mailing or email address, all persons who have asked to be on the utility's transmission planning mailing list, and each transmission liaison designated under part 7848.1000, subpart 1. The utility shall also post the synopsis on its website.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.1200 Keeping Records Related to Transmission Planning Meetings
Utilities shall retain the following materials for ten years:
A. attendance registers from transmission planning meetings;
B. copies of written materials mailed or published under part 7848.1000, subpart 1;
C. copies of written materials distributed at, after, or otherwise in connection with transmission planning meetings;
D. mailing and publication lists for materials mailed or published under part 7848.1000, subpart 1, or otherwise in connection with transmission planning meetings;
E. copies of all written and email comments on transmission planning issues received from members of the public, local government officials, and tribal government officials; and
F. copies of notes on telephone comments on transmission planning issues received from members of the public, local government officials, and tribal government officials.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.1300 Content of Biennial Transmission Projects Report
Each biennial transmission projects report, whether or not it seeks certification of a high-voltage transmission line, must contain at least the following information:
A. a contact person for each utility covered by the filing, including the person's address, telephone number, and email address;
B. a copy of the most recent regional load and capability report of the Mid-Continent Area Power Pool or other appropriate regional reliability council;
C. a copy of the most recent regional transmission plan produced by the appropriate regional transmission organization;
D. a list of inadequacies in the transmission system currently affecting reliability within the utility's assigned service area and a list of reasonably foreseeable future inadequacies expected to affect reliability within the utility's assigned service area over the next ten years;
E. a list of all alternative means of addressing each inadequacy identified, including nontransmission alternatives;
F. a list of studies that have been completed, are in progress, or are planned that are relevant to each of the inadequacies identified in item D;
G. a general description of the economic, environmental, and social issues raised by each alternative means identified in item E;
H. an account of the measures the utility took to gather public input and to involve local government officials, tribal government officials, and other interested persons in identifying transmission inadequacies and analyzing alternative means of addressing them;
I. a report on the number of members of the public who provided input and the substance of that input;
J. a report on the number of local and tribal government officials who provided input, the elective or appointive positions they held, and the substance of their input;
K. a list and description of every transmission project the utility considers necessary now or in the next ten years to remedy any transmission inadequacies identified in its biennial report;
L. a list and description of every nontransmission project the utility considers necessary now or in the next ten years to remedy any transmission inadequacies identified in its biennial report;
M. a statement as to whether the utility seeks certification in this proceeding of any transmission project identified in item K or the approximate time frame within which it plans to file a certificate of need application for any project requiring a certificate of need; and
N. the approximate time frame within which the utility plans to file a certificate of need application for any nontransmission project identified as necessary in the filing, for which a certificate of need would be required.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.1400 Required Information for Certification of High-Voltage Transmission Lines
Subpart 1. Highly complex or controversial lines.
Any biennial transmission projects report must comply with both the filing requirements of this chapter and the filing requirements of the certificate of need rules, parts 7849.0010 to 7849.0400, for certification of each high-voltage transmission line that (1) has the capability of transmitting at least 300 kilovolts and has at least 25 miles of its length in Minnesota, (2) has the capability of transmitting at least 200 kilovolts and has at least 50 miles of its length in Minnesota, or (3) crosses the Minnesota border into another state or Canada.
Subp. 2. Filing requirements.
Any biennial transmission projects report that seeks certification of a high-voltage transmission line in the course of the biennial transmission report proceeding must include the information listed below for each high-voltage transmission line proposed:
A. the transmission inadequacies the line is designed to address and every service area the line would benefit;
B. a detailed description of the line, including its length, supporting structures, number of phases, types of conductors, maximum power-carrying capacity for each line segment, projected load during peak-load conditions, projected line losses during peak-load conditions and during average conditions, and induced voltages during operation;
C. a map showing the end points of the line and existing transmission facilities in the area;
D. a narrative description of the major features of the region between the end points, emphasizing the area within three miles of the end points;
E. the estimated cost of constructing the line and the effect of those costs on rates;
F. the estimated annual cost of operating and maintaining the line and the effect of those costs on rates;
G. a summary of the input the utility has gathered from local government officials, tribal government officials, and members of the public on the proposed line;
H. the expected depreciation and service lives of the line;
I. an analysis of the effect of the line on service reliability, both within the utility's assigned service area and throughout the state;
J. an analysis of the economic, environmental, and social consequences of the line;
K. a description of measures generally available to mitigate any adverse environmental impacts from the construction, operation, and maintenance of a transmission line of the size and voltage proposed and a description of any additional mitigation measures likely to be required for the proposed line;
L. a description of right-of-way requirements for the line at the voltage proposed, a description of land use patterns between the end points, a discussion of routing considerations that may influence subsequent routing proceedings, and the best routing information available;
M. an analysis of the feasibility and cost-effectiveness of remedying, in whole or in part, the transmission inadequacies the line is designed to address, through any combination of conservation, energy conservation improvements, and load management measures;
N. the likely consequences of not building the line;
O. the energy forecasts or other modeling upon which the need for the line is based and a description of the methodology underlying each forecast or model;
P. an account of all promotional activities that may have contributed to the need for the line;
Q. a list of all other state agencies, federal agencies, local governments, and tribal governments whose approval of the proposed line must be obtained for it to proceed, and an analysis of the line's compliance with their policies, rules, and regulations;
R. an analysis of the likely effects of present or future energy conservation programs authorized under Minnesota Statutes, sections 216C.05 and 216C.30, or other state and federal laws, on long-term energy demand and the long-term need for the line;
S. an analysis of the relationship between the line and overall state energy needs, as described in the most recent state energy policy and conservation report prepared under Minnesota Statutes, section 216C.18;
T. a list and analysis of all feasible transmission and nontransmission alternatives to the line, including, but not necessarily limited to, increasing the efficiency of existing facilities, upgrading existing facilities, adding new lines of different voltages or locations, double-circuiting existing lines, rebuilding existing lines, using distributed generation, using small-scale generation near the load center, utilizing load management programs, and implementing energy efficiency programs;
U. a list of all transmission and nontransmission alternatives to the line that were considered and rejected as not feasible and the grounds on which they were determined to be not feasible; and
V. a discussion of the factors listed in Minnesota Statutes, section 216B.243, subdivision 3, to the extent that they are not addressed in response to items A through U.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.1500 Required Information on Alternatives to Proposed High-Voltage Transmission Lines
Any biennial transmission projects report that seeks certification of a high-voltage transmission line in the course of the biennial transmission report proceeding must include the following information for each feasible alternative to each high-voltage transmission line proposed:
A. a detailed description of the alternative;
B. an analysis of the economic, environmental, and social consequences of the alternative;
C. the probable location of the alternative and a list of all locations under serious consideration;
D. the estimated cost of constructing the alternative and the effect of those costs on rates;
E. the estimated annual cost of operating and maintaining the alternative and the effect of those costs on rates;
F. a summary of the input the utility has gathered from local government officials, tribal government officials, and members of the public on the alternative;
G. the expected depreciation and service lives of the alternative;
H. an analysis of the effect of the alternative on service reliability, both within the utility's assigned service area and throughout the state;
I. a description of measures the utility could take to mitigate any adverse environmental impacts from construction, operation, or maintenance of the alternative;
J. the amount of land required for construction of the alternative and for its operation and maintenance, and a description of the uses to which the land is currently devoted; and
K. a list of all other state agencies, federal agencies, local governments, and tribal governments whose approval of the alternative must be obtained for it to proceed, and an analysis of the alternative's compliance with their policies, rules, and regulations.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.1600 Environmental Review
The board, in accordance with its own rules, shall prepare and distribute an environmental report on each high-voltage transmission line for which a utility seeks certification.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.1700 Requests for Exemptions from Filing Requirements
Subpart 1. Exemption requests.
Utilities shall file any request for an exemption from any of the filing requirements of this chapter no later than August 1 of the year in which the biennial transmission projects report will be filed. Utilities shall include the reasons for the request and suggest alternative filing requirements that would address the purposes of any filing requirements from which they seek exemption.
Subp. 2. Procedural schedule, notice of procedural schedule.
Initial comments on exemption requests must be filed within 20 days of the date of filing. Reply comments must be filed within 20 days of the expiration of the initial comment period. Utilities shall include with any exemption request a clear and conspicuous notice of these comment periods.
Subp. 3. Service requirements.
Utilities shall serve their exemption requests on the following persons:
A. the Department of Commerce;
B. the Residential and Small Business Utilities Division of the Office of the Attorney General;
C. each member of the board;
D. the general service list for biennial transmission projects reports established under part 7829.0600;
E. every county government in the state; and
F. every tribal government in the state.
Subp. 4. Granting exemptions.
The commission shall grant an exemption if it finds that the data requirement is unnecessary to determine need for a proposed facility, that the data requirement is unnecessary for it to evaluate and act on a biennial transmission projects report, or that the data requirement may be satisfied by submitting a document other than the one specified in the rules.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.1800 Procedural Treatment of Biennial Transmission Projects Reports Not Seeking Certification of High-Voltage Transmission Line
Subpart 1. Service requirements.
Utilities shall serve their biennial transmission projects reports on the following persons:
A. the Department of Commerce;
B. the Residential and Small Business Utilities Division of the Office of the Attorney General;
C. the general service list for biennial transmission projects reports established under part 7829.0600;
D. every county government in the state;
E. every tribal government in the state;
F. each member of the Environmental Quality Board;
G. the United States Army Corps of Engineers;
H. the United States Environmental Protection Agency;
I. the United States Fish and Wildlife Service;
J. the State Historical Society;
K. the Minnesota Environmental Conservation Library;
L. the Legislative Reference Library; and
M. every regional development commission in the state and every regional development library in the state.
Subp. 2. Website posting.
Each utility shall post its biennial transmission projects report on its website within five days of filing.
Subp. 3. Challenges to compliance with filing requirements.
Any person or party wishing to challenge the compliance of a biennial transmission projects report with filing requirements set by rule or statute shall do so within 20 days of the date of filing. The commission shall set an expedited procedural schedule for resolving the challenge, taking into consideration the number and complexity of the issues on which noncompliance is claimed. The commission shall require utilities to promptly amend or supplement biennial transmission projects reports that it finds do not comply with filing requirements.
Subp. 4. Petition to intervene.
A person who desires to become a party to a biennial transmission projects report proceeding and is not a party as of right shall file an intervention petition under part 7829.0800 by January 15. The person may combine the intervention petition with initial comments.
Subp. 5. Initial comments.
Initial comments must be filed by January 15, unless the commission has found the report incomplete. If the commission has found the report incomplete, the commission shall set an initial comment deadline, taking into consideration the degree to which the filing was incomplete, the complexity of the issues, and the statutory deadline for commission action on the filing.
Subp. 6. Comments to include procedural recommendation.
Initial comments must include a recommendation on what procedural framework the commission should use to examine and act on the filing. Commenting persons shall specifically identify any issues which they believe require a contested case proceeding.
Subp. 7. Reply comments.
Reply comments must be filed by March 1, unless the commission has found the report incomplete. If the commission has found the report incomplete, the commission shall set a reply comment deadline, taking into consideration the number and complexity of the issues and the statutory deadline for commission action on the filing.
Subp. 8. Additional comments.
If additional information is required to make a fully informed decision, the commission shall require or permit additional comments.
Subp. 9. Discovery procedures.
Parties shall respond to information requests served upon them by other parties within ten days of receipt.
Subp. 10. Commission action.
The commission shall accept, reject, modify, or require further action in regard to biennial transmission projects reports. Further action may include, but is not limited to, requiring additional filings, requiring periodic reporting on specific issues, requiring collaboration between specific utilities, and ordering infrastructure investments or preventative maintenance under Minnesota Statutes, section 216B.79.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.1900 Notice Plans When Seeking Certification
Subpart 1. Filings required, service requirements.
On or before June 1 of the year in which biennial transmission projects reports will be filed, utilities shall file proposed plans for providing notice to all persons reasonably likely to be affected by any transmission line proposed for certification in those reports. Utilities shall serve their proposed plans on the following persons:
A. the Department of Commerce;
B. the Residential and Small Business Utilities Division of the Office of the Attorney General; and
C. the general service list for biennial transmission projects reports established under part 7829.0600.
Subp. 2. Procedural schedule, notice of procedural schedule.
Initial comments on proposed notice plans must be filed within 20 days of the date of filing. Reply comments must be filed within 20 days of the expiration of the initial comment period. Utilities shall include with the proposed notice plan a clear and conspicuous notice of these comment periods.
Subp. 3. Types of notice.
Proposed notice plans must include notice to the following persons by the method specified:
A. direct mail notice, based on county tax assessment rolls, to landowners reasonably likely to be affected by the proposed transmission line;
B. direct mail notice to all mailing addresses within the area reasonably likely to be affected by the proposed transmission line;
C. direct mail notice to local and tribal governments whose jurisdictions are reasonably likely to be affected by the proposed transmission line; and
D. newspaper notice to members of the public in areas reasonably likely to be affected by the proposed transmission line.
Subp. 4. Notice content.
Proposed notice plans must provide notice recipients with the following information:
A. a map showing the end points of the line and existing transmission facilities in the area;
B. a description of general right-of-way requirements for a line of the size and voltage proposed and a statement that the utility intends to acquire property rights for the right-of-way that the proposed line will require;
C. a notice that the line cannot be constructed unless the commission certifies that it is needed;
D. the commission's mailing address, telephone number, and website;
E. the address of the website on which the utility or utilities proposing the line will post their biennial transmission projects reports;
F. a statement that the board will be preparing an environmental assessment of each high-voltage transmission line for which certification is requested;
G. a brief explanation of how to get on the mailing list for the board's proceeding; and
H. a statement that requests for certification of high-voltage transmission lines are governed by Minnesota law, including specifically this chapter, chapter 4410, and parts 7849.1000 to 7849.2100, and Minnesota Statutes, section 216B.2425.
Subp. 5. Supplementary notice.
The commission shall require supplementary notice to persons reasonably likely to be affected by system alternatives developed in the course of certification proceedings if it appears that those system alternatives are as likely to be certified as the proposed high-voltage transmission line.
Subp. 6. Notice time frames.
The utility shall implement the proposed notice plan within 30 days of its approval by the commission.
Subp. 7. Good faith sufficient.
The commission shall not deny a request for certification of a high-voltage transmission line on grounds of defective notice if the utility acted in good faith, in substantial compliance with the notice requirements of this subpart, and in substantial compliance with any commission orders issued under this subpart.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.2000 Procedural Treatment of Biennial Transmission Projects Reports Seeking Certification of High-Voltage Transmission Line
Subpart 1. Service requirements.
Utilities shall serve biennial transmission projects reports in which they seek certification of high-voltage transmission lines on the following persons:
A. the department;
B. the Residential and Small Business Utilities Division of the Office of the Attorney General;
C. the general service list for biennial transmission projects reports established under part 7829.0600;
D. every county government in the state;
E. every local government required to receive notice under any notice plan approved under part 7848.1900;
F. every tribal government in the state;
G. each member of the board;
H. the United States Army Corps of Engineers;
I. the United States Environmental Protection Agency;
J. the United States Fish and Wildlife Service;
K. the State Historical Society;
L. the Environmental Conservation Library;
M. the Legislative Reference Library; and
N. every regional development commission in the state and every regional development library in the state.
Subp. 2. Website posting.
Each utility shall post its biennial transmission projects report on its website within five days of filing.
Subp. 3. Challenges to compliance with filing requirements.
Any person or party wishing to challenge the compliance of a biennial transmission projects report with filing requirements set by rule or statute shall do so within 20 days of the date of filing. The commission shall set an expedited procedural schedule for resolving the challenge, taking into consideration the number and complexity of the issues on which noncompliance is claimed. The commission shall require utilities to promptly amend or supplement biennial transmission projects reports that do not comply with filing requirements, with the exception of requests for certification of high-voltage transmission lines.
Subp. 4. Certification requests not substantially complying with filing requirements.
If a request for certification of a high-voltage transmission line does not comply with filing requirements set by statute or rule, the commission shall determine whether the request can be supplemented or amended to comply within a time frame that will permit adequate development and consideration of the issues. If the commission determines that adequate development and consideration of the issues would be compromised by permitting the utility to amend or supplement the request, the commission shall reject the request and advise the utility that it should file an application for a certificate of need when it has compiled the information necessary to comply with certificate of need filing requirements.
Subp. 5. Procedural comments.
Within 20 days of the date the biennial transmission projects report is filed, interested persons and parties shall file comments on what procedural framework the commission should use to examine and act on the filing. Commenting persons shall specifically state whether each request for certification of a high-voltage transmission line requires a contested case proceeding.
Subp. 6. Petition to intervene.
A person who desires to become a party to a biennial transmission projects report proceeding and is not a party as of right shall file an intervention petition under part 7829.0800 by February 15. The person may combine the intervention petition with initial comments.
Subp. 7. Comment periods on nonreferred issues.
Initial comments on issues not referred for contested case proceedings must be filed by February 15. Reply comments on nonreferred issues must be filed by March 15.
Subp. 8. Additional comments.
If additional information is required to make a fully informed decision, the commission shall require or permit additional comments.
Subp. 9. Discovery procedures.
Parties shall respond to information requests served upon them by other parties within ten days of receipt. On issues referred for contested case proceedings, the discovery rules of the Office of Administrative Hearings apply.
Subp. 10. Public liaison.
The commission shall designate a staff member to act as its liaison with the public for each request for certification of a high-voltage transmission line.
Subp. 11. Public hearing.
The commission shall hold at least one public hearing on each request for certification of a high-voltage transmission line. The purpose of the public hearing must be to hear the views of members of the public on the proposed line. The hearing must be scheduled for a time, date, and place reasonably convenient for members of the public.
Subp. 12. Commission action on report.
The commission shall accept, reject, modify, or require further action in regard to biennial transmission projects reports. Further action may include, but is not limited to, requiring additional filings, requiring periodic reporting on specific issues, requiring collaboration between specific utilities, and ordering infrastructure investments or preventative maintenance under Minnesota Statutes, section 216B.79.
Subp. 13. Commission action on certification requests.
The commission shall certify, certify as modified, or deny certification for each high-voltage transmission line for which certification is sought in a biennial transmission projects report. The commission shall certify a line only if it finds that the line is:
A. necessary to maintain or enhance the reliability of electric service to Minnesota consumers;
B. needed, applying the criteria in Minnesota Statutes, section 216B.243, subdivision 3; and
C. in the public interest, taking into account electric energy system needs and economic, environmental, and social interests affected by the project.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.2100 Time Periods Varied
Except for time periods set by statute, the commission may vary the time periods established by this chapter on its own motion or at the request of a person for good cause shown. The commission may delegate the authority to set time periods and to vary time periods to the executive secretary.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Minn. R. 7848.9900 Transmission Planning Zones
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.09
- History: 27 SR 1820
Chapter 7849 CERTIFICATE OF NEED; POWER PLANT OR LINE
Minn. R. 7849.0010 Definitions
Subpart 1. Scope.
For purposes of parts 7849.0010 to 7849.0400, the following definitions shall apply.
Subp. 2. Adjusted net capability.
"Adjusted net capability" means net generating capacity, minus participation sales, plus participation purchases.
Subp. 3. Adjusted net demand.
"Adjusted net demand" means system demand, minus firm purchases, plus firm sales.
Subp. 4. Annual adjusted net demand.
"Annual adjusted net demand" means annual system demand, minus firm purchases, plus firm sales.
Subp. 5. Annual electrical consumption.
"Annual electrical consumption" means sales of kilowatt hours of electricity to ultimate consumers over a 12-month period beginning January 1 and ending December 31 of the forecast year.
Subp. 6. Annual system demand.
"Annual system demand" means the highest system demand of a utility occurring during the 12-month period ending with a given month.
Subp. 7. Capacity factor.
"Capacity factor" means the ratio of the actual amount of electrical energy generated during a designated period by a particular generating facility to the maximum amount of electrical energy that could have been generated during the period by the facility had it been operated continuously at its rated capacity.
Subp. 8. Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subp. 9. Construction.
"Construction" means significant physical alteration of a site to install or enlarge a large energy facility, but not including an activity incident to preliminary engineering or environmental studies.
Subp. 10. Firm purchases; firm sales.
"Firm purchases" and "firm sales" mean the amount of power to be purchased or sold which is intended to have assured availability.
Subp. 11. Forecast years.
"Forecast years" means the 26 calendar years consisting of the calendar year the application is filed with the commission, the ten previous calendar years, and the 15 subsequent calendar years.
Subp. 12. Heat rate.
"Heat rate" means a measure of average thermal efficiency of an electric generating facility expressed as the ratio of input energy per net kilowatt hour produced, computed by dividing the total energy content of fuel burned for electricity generation by the resulting net kilowatt hour generation.
Subp. 13. Large electric generating facility; LEGF.
"Large electric generating facility" or "LEGF" means an electric power generating unit or combination of units as defined by Minnesota Statutes, section 216B.2421, subdivision 2, clause (1).
Subp. 14. Large high voltage transmission line; LHVTL.
"Large high voltage transmission line" or "LHVTL" means a conductor of electrical energy as defined by Minnesota Statutes, section 216B.2421, subdivision 2, clause (2), and associated facilities necessary for normal operation of the conductor, such as insulators, towers, substations, and terminals.
Subp. 15. Load center.
"Load center" means that portion or those portions of a utility's system where electrical energy demand is concentrated.
Subp. 16. Load factor.
"Load factor" means the ratio of the average load in kilowatts supplied during a designated period to the maximum load in kilowatts that was supplied during that designated period.
Subp. 17. Minnesota service area.
"Minnesota service area" means that portion of a utility's system lying within Minnesota.
Subp. 18. Net generating capacity.
"Net generating capacity" means the total number of kilowatts, less station use, that all the generating facilities of a system could supply at the time of its maximum system demand. The capability of the generating units that are temporarily out of service for maintenance or repair shall be included in the net generating capacity.
Subp. 19. Net reserve capacity obligation.
"Net reserve capacity obligation" means the annual adjusted net demand multiplied by the percent reserve capacity requirement.
Subp. 20. Nominal generating capability.
"Nominal generating capability" means the average output power level, net of in-plant use, that a proposed LEGF is expected to be capable of maintaining over a period of four continuous hours of operation.
Subp. 21. Participation power.
"Participation power" means power and energy that are sold from a specific generating unit or units for a period of six or more months on a continuously available basis (except when such unit or units are temporarily out of service for maintenance, during which time the delivery of energy from other generating units is at the seller's option).
Subp. 22. Participation purchases; participation sales.
"Participation purchases" and "participation sales" mean purchases and sales under a participation power agreement or a seasonal participation power agreement.
Subp. 23. Peak demand.
"Peak demand" means the highest system demand occurring within any designated period of time.
Subp. 24. Promotional practices.
"Promotional practices" means any action or policies by an applicant, except those actions or policies that are permitted or mandated by statute or rule, which directly or indirectly give rise to the demand for the facility, including but not limited to advertising, billing practices, promotion of increased use of electrical energy, and other marketing activities.
Subp. 25. Seasonal adjusted net demand.
"Seasonal adjusted net demand" means seasonal system demand, minus firm purchases, plus firm sales.
Subp. 26. Seasonal participation power.
"Seasonal participation power" means participation power sold and bought on a seasonal (summer or winter) basis.
Subp. 27. Seasonal system demand.
"Seasonal system demand" means the maximum system demand on the applicant's system that occurs or is expected to occur in any summer season or winter season.
Subp. 28. Summer season.
"Summer season" means the period from May 1 through October 31.
Subp. 29. System.
"System" means the service area where the utility's ultimate consumers are located and that combination of generating, transmission, and distribution facilities that makes up the operating physical plant of the utility, whether owned or nonowned, for the delivery of electrical energy to ultimate consumers.
Subp. 30. System demand.
"System demand" means the number of kilowatts that is equal to the kilowatt hours required in any clock hour, attributable to energy required by the system during such hour for supply of firm energy to ultimate consumers, including system losses, and also including any transmission losses occurring on other systems and supplied by the system for transmission of firm energy, but excluding generating station uses and excluding transmission losses charged to another system.
Subp. 31. Ultimate consumers.
"Ultimate consumers" means consumers purchasing electricity for their own use and not for resale.
Subp. 32. Utility.
"Utility" means any entity engaged in the generation, transmission, or distribution of electrical energy, including but not limited to a private investor-owned utility or a public or municipally owned utility.
Subp. 33. Winter season.
"Winter season" means the period from November 1 through April 30.
History
- Statutory Authority: MS s 216B.08; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624; 26 SR 1438
Minn. R. 7849.0020 Purpose
The purpose of parts 7849.0010 to 7849.0400 is to specify the content of applications for certificates of need and to specify criteria for the assessment of need for large electric generating facilities and large high voltage transmission lines.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0030 Scope
Subpart 1. Facilities covered.
A person applying for a certificate of need for an LEGF or an LHVTL shall provide the information required by parts 7849.0010 to 7849.0400. A certificate of need is required for a new LEGF, a new LHVTL, and for expansion of either facility when the expansion is itself of sufficient size to come within the definition of "large electric generating facility" or "large high voltage transmission line" in part 7849.0010. The nominal generating capability of an LEGF is considered its size. If the nominal generating capability of an LEGF varies by season, the higher of the two seasonal figures is considered its size.
Subp. 2. Exemption.
Notwithstanding subpart 1, a certificate of need is not required for a facility exempted by Minnesota Statutes, section 216B.243, subdivision 8.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0100 Purpose of Criteria
The criteria for assessment of need must be used by the commission to determine the need for a proposed large energy facility under Minnesota Statutes, sections 216B.2421, subdivision 2, and 216B.243. The factors listed under each of the criteria set forth in part 7849.0120 must be evaluated to the extent that the commission considers them applicable and pertinent to a facility proposed under parts 7849.0010 to 7849.0400. The commission shall make a specific written finding with respect to each of the criteria.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0110 Alternatives Consideration
The commission shall consider only those alternatives proposed before the close of the public hearing and for which there exists substantial evidence on the record with respect to each of the criteria listed in part 7849.0120.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0120 Criteria
A certificate of need must be granted to the applicant on determining that:
A. the probable result of denial would be an adverse effect upon the future adequacy, reliability, or efficiency of energy supply to the applicant, to the applicant's customers, or to the people of Minnesota and neighboring states, considering:
B. a more reasonable and prudent alternative to the proposed facility has not been demonstrated by a preponderance of the evidence on the record, considering:
C. by a preponderance of the evidence on the record, the proposed facility, or a suitable modification of the facility, will provide benefits to society in a manner compatible with protecting the natural and socioeconomic environments, including human health, considering:
D. the record does not demonstrate that the design, construction, or operation of the proposed facility, or a suitable modification of the facility, will fail to comply with relevant policies, rules, and regulations of other state and federal agencies and local governments.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0200 Application Procedures and Timing
Subpart 1. Form and manner.
An applicant for a certificate of need shall apply in a form and manner prescribed by parts 7849.0010 to 7849.0400.
Subp. 2. Copies, title, table of contents.
The original and 13 copies of the application must be filed with the commission. The applicant shall provide copies of the application to other state agencies with regulatory responsibilities in connection with the proposed facility and to other interested persons who request copies. The applicant shall maintain a distribution list of the copies. Documents, forms, and schedules filed with the application must be typed on 8-1/2 inch by 11 inch paper except for drawings, maps, and similar materials. An application must contain a title page and a complete table of contents that includes the applicable rule by the titles and numbers given in parts 7849.0010 to 7849.0400. The date of preparation and the applicant's name must appear on the title page, as well as on each document filed with the application.
Subp. 3. Changes to application.
After an application is filed, changes or corrections to the application must comply with subpart 2 as to the number of copies and size of documents. In addition, each page of a change or correction to a previously filed page must be marked with the word "REVISED" and with the date the revision was made. The original copy of the changes or corrections must be filed with the administrative law judge, and the remaining copies must be submitted to the commission. The applicant shall send to persons receiving copies of the application a like number of copies of changed or corrected pages.
Subp. 4. Cover letter.
An application for a certificate of need must be accompanied by a cover letter signed by an authorized officer or agent of the applicant. The cover letter must specify the type of facility for which a certificate of need is requested.
Subp. 5. Complete applications.
The commission must notify the applicant within 30 days of the receipt of an application if the application is not substantially complete. On notification, the applicant may correct any deficiency and may resubmit the application. If the revised application is substantially complete, the date of its submission is considered the application date.
Subp. 6. Exemptions.
Before submitting an application, a person is exempted from any data requirement of parts 7849.0010 to 7849.0400 if the person (1) requests an exemption from specified rules, in writing to the commission, and (2) shows that the data requirement is unnecessary to determine the need for the proposed facility or may be satisfied by submitting another document. A request for exemption must be filed at least 45 days before submitting an application. The commission shall respond in writing to a request for exemption within 30 days of receipt and include the reasons for the decision. The commission shall file a statement of exemptions granted and reasons for granting them before beginning the hearing.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0210 Filing Fees and Payment Schedule
Subpart 1. Fees.
The fee for processing an application shall be: $10,000 plus $50 for each megawatt of plant capacity for LEGFs; or $10,000 plus $40 per kilovolt of design voltage for LHVTLs; plus such additional fees as are reasonably necessary for completion of the evaluation of need for the proposed facility.
Subp. 2. Payment schedule.
Twenty-five percent of the fee set according to subpart 1 must accompany the application, and the balance must be paid in three equal installments within 45, 90, and 135 days after submission of the application. The applicant must be notified of and billed for costs not covered by the fee described in subpart 1. The additional fees must be paid within 30 days of notification. The billing of additional fees must be accompanied by an itemized document showing the necessity for the additional assessment.
Subp. 3. Payment required.
The commission shall not issue its decision on the application until the outstanding set fee payments and additional billings under subparts 1 and 2 are paid by the applicant.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0220 Application Contents
Subpart 1. Large electric generating facilities (LEGF).
Each application for a certificate of need for an LEGF shall include all of the information required by parts 7849.0240, 7849.0250, and 7849.0270 to 7849.0340.
Subp. 2. Large high voltage transmission lines (LHVTL).
Each application for a certificate of need for an LHVTL shall include all of the information required by parts 7849.0240 and 7849.0260 to 7849.0340. If, however, a proposed LHVTL is designed to deliver electric power to a particular load center within the applicant's system, the application shall contain the information required by part 7849.0270 for that load center rather than for the system as a whole.
Subp. 3. Joint ownership and multiparty use.
If the proposed LEGF or LHVTL is to be owned jointly by two or more utilities or by a pool, the information required by parts 7849.0010 to 7849.0400 must be provided by each joint owner for its system. If the facility is designed to meet the long term needs, in excess of 80 megawatts, of a particular utility that is not to be an owner, that utility must also provide the information required by parts 7849.0010 to 7849.0400. Joint applicants may use a common submission to satisfy the requirements of any part for which the appropriate response does not vary by utility.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0230 Environmental Report
Subpart 1. Draft report.
If the application is for an LHVTL, the information submitted under parts 7849.0240, 7849.0260, and 7849.0290 to 7849.0340 must be designated by the applicant as its "draft environmental report" and distributed in accordance with part 4410.7100, subpart 5.
Subp. 2. Written responses.
The applicant shall submit written responses to the substantive comments entered into the record of the proceeding before the close of the public hearing on the application. The written responses must be entered into the record and be available to the administrative law judge in preparing the recommendation on the application.
Subp. 3. Final report.
The draft environmental report, written comments, and the applicant's written responses to comments comprise the "final environmental report," which must be distributed in accordance with part 4410.7100, subpart 5.
Subp. 4. Notice of final report.
On completing the final environmental report, the commission shall have published in the EQB Monitor, published by the Minnesota Environmental Quality Board, a notice indicating completion.
Subp. 5. Supplements.
The applicant must prepare a supplement to the final environmental report if the tests described in part 4410.3000, subparts 1 and 2, are met and a certificate of need proceeding on the proposed facility is pending.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0240 Need Summary and Additional Considerations
Subpart 1. Need summary.
An application must contain a summary of the major factors that justify the need for the proposed facility. This summary must not exceed, without the approval of the commission, 15 pages in length, including text, tables, graphs, and figures.
Subp. 2. Additional considerations.
Each application shall contain an explanation of the relationship of the proposed facility to each of the following socioeconomic considerations:
A. socially beneficial uses of the output of the facility, including its uses to protect or enhance environmental quality;
B. promotional activities that may have given rise to the demand for the facility; and
C. the effects of the facility in inducing future development.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0250 Proposed Legf and Alternatives Application
An application for a proposed LEGF must include:
A. a description of the facility, including:
B. a discussion of the availability of alternatives to the facility, including but not limited to:
C. for the proposed facility and for each of the alternatives provided in response to item B that could provide electric power at the asserted level of need, a discussion of:
D. a map (of appropriate scale) showing the applicant's system; and
E. such other information about the proposed facility and each alternative as may be relevant to determination of need.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0260 Proposed Lhvtl and Alternatives Application
Each application for a proposed LHVTL must include:
A. a description of the type and general location of the proposed line, including:
B. a discussion of the availability of alternatives to the facility, including but not limited to:
C. for the proposed facility and for each of the alternatives provided in response to item B that could provide electric power at the asserted level of need, a discussion of:
D. a map (of appropriate scale) showing the applicant's system or load center to be served by the proposed LHVTL; and
E. such other information about the proposed facility and each alternative as may be relevant to determination of need.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0270 Peak Demand and Annual Consumption Forecast
Subpart 1. Scope.
Each application shall contain pertinent data concerning peak demand and annual electrical consumption within the applicant's service area and system, as provided in part 7849.0220, including but not limited to the data requested in subpart 2, item B. When recorded data is not available, or when the applicant does not use the required data in preparing its own forecast, the applicant shall use an estimate and indicate in the forecast justification section in subparts 3 to 6 the procedures used in deriving the estimate. The application shall clearly indicate which data are historical and which are projected. It is expected that data provided by the applicant should be reasonable and internally consistent.
Subp. 2. Content of forecast.
For each forecast year, the following data must be provided:
A. when the applicant's service area includes areas other than Minnesota, annual electrical consumption by ultimate consumers within the applicant's Minnesota service area;
B. for each of the following categories, estimates of the number of ultimate consumers within the applicant's system and annual electrical consumption by those consumers:
C. an estimate of the demand for power in the applicant's system at the time of annual system peak demand, including an estimated breakdown of the demand into the consumer categories listed in item B;
D. the applicant's system peak demand by month;
E. the estimated annual revenue requirement per kilowatt hour for the system in current dollars; and
F. the applicant's estimated average system weekday load factor by month; in other words, for each month, the estimated average of the individual load factors for each weekday in the month.
Subp. 3. Forecast methodology.
An applicant may use a forecast methodology of its own choosing, with due consideration given to cost, staffing requirements, and data availability. However, forecast data provided by the applicant is subject to tests of accuracy, reasonableness, and consistency. The applicant shall detail the forecast methodology employed to obtain the forecasts provided under subpart 2, including:
A. the overall methodological framework that is used;
B. the specific analytical techniques which are used, their purpose, and the components of the forecast to which they have been applied;
C. the manner in which these specific techniques are related in producing the forecast;
D. where statistical techniques have been used:
E. forecast confidence levels or ranges of accuracy for annual peak demand and annual electrical consumption, as well as a description of their derivation;
F. a brief analysis of the methodology used, including:
G. an explanation of discrepancies that appear between the forecasts presented in the application and the forecasts submitted under chapter 7610 or in the applicant's previous certificate of need proceedings.
Subp. 4. Data base for forecasts.
The applicant shall discuss the data base used in arriving at the forecast presented in its application, including:
A. a complete list of all data sets used in making the forecast, including a brief description of each data set and an explanation of how each was obtained, (e.g., monthly observations, billing data, consumer survey, etc.) or a citation to the source (e.g., population projection from the state demographer's office);
B. a clear identification of any adjustments made to raw data in order to adapt them for use in forecasts, including:
Subp. 5. Assumptions and special information.
The applicant shall discuss each essential assumption made in preparing the forecast, including the need for the assumption, the nature of the assumption, and the sensitivity of forecast results to variations in the essential assumptions.
The applicant shall discuss the assumptions made regarding:
A. the availability of alternate sources of energy;
B. the expected conversion from other fuels to electricity or vice versa;
C. future prices of electricity for customers in the applicant's system and the effect that such price changes will likely have on the applicant's system demand;
D. the data requested in subpart 2 that is not available historically or not generated by the applicant in preparing its own internal forecast;
E. the effect of energy conservation programs on long-term electrical demand; and
F. any other factor considered by the applicant in preparing the forecast.
Subp. 6. Coordination of forecasts with other systems.
The applicant shall provide:
A. a description of the extent to which the applicant coordinates its load forecasts with those of other systems, such as neighboring systems and associate systems in a power pool or coordinating organization; and
B. a description of the manner in which such forecasts are coordinated, and any problems experienced in efforts to coordinate load forecasts.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; L 1987 c 312 art 1 s 10; 12 SR 2624; 17 SR 1279
Minn. R. 7849.0280 System Capacity
The applicant shall describe the ability of its existing system to meet the demand for electrical energy forecast in response to part 7849.0270 and the extent to which the proposed facility will increase this capability. In preparing this description, the applicant shall present the following information:
A. a brief discussion of power planning programs, including criteria, applied to the applicant's system and to the power pool or area within which the applicant's planning studies are based;
B. the applicant's seasonal firm purchases and seasonal firm sales for each utility involved in each transaction for each of the forecast years;
C. the applicant's seasonal participation purchases and seasonal participation sales for each utility involved in each transaction for each of the forecast years;
D. for the summer season and for the winter season corresponding to each forecast year, the load and generation capacity data requested in subitems (1) to (13), including the anticipated purchases, sales, capacity retirements, and capacity additions, except those that depend on certificates of need not yet issued by the commission:
E. for the summer season and for the winter season corresponding to each forecast year subsequent to the year of application, the load and generation capacity data requested in item D, subitems (1) to (13), including purchases, sales, and generating capability contingent on the proposed facility;
F. for the summer season and for the winter season corresponding to each forecast year subsequent to the year of application, the load and generation capacity data requested in item D, subitems (1) to (13), including all projected purchases, sales, and generating capability;
G. for each of the forecast years subsequent to the year of application, a list of proposed additions and retirements in net generating capability, including the probable date of application for any addition that is expected to require a certificate of need;
H. for the previous calendar year, the current year, the first full calendar year before the proposed facility is expected to be in operation and the first full calendar year of operation of the proposed facility, a graph of monthly adjusted net demand and monthly adjusted net capability, as well as a plot on the same graph of the difference between the adjusted net capability and actual, planned, or estimated maintenance outages of generation and transmission facilities; and
I. a discussion of the appropriateness of and the method of determining system reserve margins, considering the probability of forced outages of generating units, deviation from load forecasts, scheduled maintenance outages of generation and transmission facilities, power exchange arrangements as they affect reserve requirements, and transfer capabilities.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0290 Conservation Programs, Application
An application must include:
A. the name of the committee, department, or individual responsible for the applicant's energy conservation and efficiency programs, including load management;
B. a list of the applicant's energy conservation and efficiency goals and objectives;
C. a description of the specific energy conservation and efficiency programs the applicant has considered, a list of those that have been implemented, and the reasons why the other programs have not been implemented;
D. a description of the major accomplishments that have been made by the applicant with respect to energy conservation and efficiency;
E. a description of the applicant's future plans through the forecast years with respect to energy conservation and efficiency; and
F. a quantification of the manner by which these programs affect or help determine the forecast provided in response to part 7849.0270, subpart 2, a list of their total costs by program, and a discussion of their expected effects in reducing the need for new generation and transmission facilities.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0300 Consequences of Delay
The applicant shall present a discussion of anticipated consequences to its system, neighboring systems, and the power pool should the proposed facility be delayed one, two, and three years, or postponed indefinitely. This information must be provided for the following three levels of demand: the expected demand provided in response to part 7849.0270, subpart 2, and the upper and lower confidence levels provided in response to part 7849.0270, subpart 3, item E.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0310 Environmental Information Required
Each applicant shall provide environmental data for the proposed facility and for each alternative considered in detail in response to part 7849.0250, item C or 7849.0260, item C. Information relating to construction and operation of each of these alternatives shall be provided as indicated in parts 7849.0320 to 7849.0340, to the extent that such information is reasonably available to the applicant and applicable to the particular alternative. Where appropriate, the applicant shall submit data for a range of possible facility designs. Major assumptions should be stated, and references should be cited where appropriate.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7849.0320 Generating Facilities
The applicant shall provide the following information for each alternative that would involve construction of an LEGF:
A. the estimated range of land requirements for the facility with a discussion of assumptions on land requirements for water storage, cooling systems, and solid waste storage;
B. the estimated amount of vehicular, rail, and barge traffic generated by construction and operation of the facility;
C. for fossil-fueled facilities:
D. for fossil fueled facilities:
E. water use by the facility for alternate cooling systems, including:
F. the potential sources and types of discharges to water attributable to operation of the facility;
G. radioactive releases, including:
H. the potential types and quantities of solid wastes produced by the facility in tons per year at the expected capacity factor;
I. the potential sources and types of audible noise attributable to operation of the facility;
J. the estimated work force required for construction and operation of the facility; and
K. the minimum number and size of transmission facilities required to provide a reliable outlet for the generating facility.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7849.0330 Transmission Facilities
The applicant shall provide data for each alternative that would involve construction of an LHVTL. The following information must be included:
A. for overhead transmission facilities:
B. for underground transmission facilities:
C. the estimated width of the right-of-way required for the transmission facility;
D. a description of construction practices for the transmission facility;
E. a description of operation and maintenance practices for the transmission facility;
F. the estimated work force required for construction and for operation and maintenance of the transmission facility; and
G. a narrative description of the major features of the region between the endpoints of the transmission facility. The region shall encompass the likely area for routes between the endpoints. The description should emphasize the area within three miles of the endpoints. The following information shall be described where applicable:
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0340 No-Facility Alternative
For each of the three levels of demand specified in part 7849.0300, the applicant shall provide the following information for the alternative of no facility:
A. a description of the expected operation of existing and committed generating and transmission facilities;
B. a description of the changes in resource requirements and wastes produced by facilities discussed in response to item A, including:
C. a description of equipment and measures that may be used to reduce the environmental impact of the alternative of no facility.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.0400 Certificate of Need Conditions and Changes
Subpart 1. Authority of commission.
Issuance of a certificate of need may be made contingent upon modifications required by the commission. When an application is denied, the commission shall state the reasons for the denial.
Subp. 2. Proposed changes in size, type, and timing.
Changes proposed by an applicant to the certified size, type, or timing of a proposed facility before the facility is placed in service must conform to the following provisions:
A. A delay of one year or less in the in-service date of a large generation or transmission facility previously certified by the commission is not subject to review by the commission.
B. A power plant capacity addition or subtraction smaller than the lesser of 80 megawatts or 20 percent of the capacity approved in a certificate of need issued by the commission does not require recertification.
C. A change in power plant ownership smaller than the lesser of 80 megawatts or 20 percent of the capacity approved in a certificate of need issued by the commission does not require recertification.
D. The applicant shall notify the commission as soon as it determines that a change described in item A, B, or C is imminent, detailing the reasons for the change.
E. A large transmission line length addition or subtraction made as a result of the route length approved by the Minnesota Environmental Quality Board for projects previously certified does not require recertification.
F. A design change required by another state agency in its permitting process for certified facilities is not subject to review by the commission, unless the change contradicts the basic type determination specified by the certificate of need.
G. If a utility applies to the Minnesota Environmental Quality Board for a transmission line route that is not expected to meet the definition of LHVTL in part 7849.0010, but at some time in the routing process it becomes apparent that the board may approve a route that meets the definition, the utility may apply for a certificate of need as soon as possible after that time. The length of a route is determined by measuring the length of its center line.
H. If an applicant determines that a change in size, type, timing, or ownership other than specified in this subpart is necessary for a large generation or transmission facility previously certified by the commission, the applicant must inform the commission of the desired change and detail the reasons for the change. A copy of the applicant's submission to the commission must be sent to each intervenor in the certificate of need hearing proceeding on the facility. Intervenors may comment on the proposed change within 15 days of being notified of the change. The commission shall evaluate the reasons for and against the proposed change and, within 45 days of receipt of the request, notify the applicant whether the change is acceptable without recertification. The commission shall order further hearings if and only if it determines that the change, if known at the time of the need decision on the facility, could reasonably have resulted in a different decision under the criteria specified in part 7849.0120.
History
- Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 12 SR 2624
Minn. R. 7849.1000 Applicability and Scope
Subpart 1. Applicability.
Parts 7849.1000 to 7849.2100 apply to any high voltage transmission line project or large electric power generating plant project for which a certificate of need or other need determination is required by the Public Utilities Commission under Minnesota Statutes, section 216B.243 or 216B.2425, and applicable rules.
Subp. 2. Scope.
Parts 7849.1000 to 7849.2100 establish the requirements for the conduct of environmental review of proposed projects before the Public Utilities Commission for consideration of need pursuant to Minnesota Statutes, section 216B.243 or 216B.2425, and applicable rules. Additional review at the permitting stage is required under parts 7850.1000 to 7850.5600.
History
- Statutory Authority: MS s 116D.04
- History: 28 SR 951; L 2005 c 97 art 3 s 19
Minn. R. 7849.1100 Definitions
Subpart 1. Scope.
For the purposes of parts 7849.1000 to 7849.2100, the following terms and abbreviations have the meanings given them.
Subp. 2. Associated facilities.
"Associated facilities" means buildings, equipment, and other physical structures that are necessary to the operation of a large electric power generating plant or a high voltage transmission line.
Subp. 3. Commissioner.
"Commissioner" means the person who is the commissioner of the Department of Commerce.
Subp. 4. Environmental report.
"Environmental report" means a written document that describes the human and environmental impacts of a proposed large electric power generating plant or high voltage transmission line and alternatives to the project and methods to mitigate anticipated adverse impacts.
Subp. 5. High voltage transmission line or HVTL.
"High voltage transmission line" or "HVTL" means any high voltage transmission line with a capacity of 200 kilovolts or more and 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.
Subp. 6. Large electric power generating plant or LEPGP.
"Large electric power generating plant" or "LEPGP" means 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.
Subp. 7. Mail.
"Mail" means either the United States mail or electronic mail by email.
Subp. 8. Public Utilities Commission or PUC.
"Public Utilities Commission" or "PUC" means the Minnesota Public Utilities Commission.
History
- Statutory Authority: MS s 116D.04
- History: 28 SR 951; L 2005 c 97 art 3 s 19
Minn. R. 7849.1200 Environmental Report
The commissioner of the Department of Commerce shall prepare an environmental report on a proposed high voltage transmission line or a proposed large electric power generating plant at the need stage. The environmental report must contain information on the human and environmental impacts of the proposed project associated with the size, type, and timing of the project, system configurations, and voltage. The environmental report must also contain information on alternatives to the proposed project and shall address mitigating measures for anticipated adverse impacts. The commissioner shall be responsible for the completeness and accuracy of all information in the environmental report.
History
- Statutory Authority: MS s 116D.04
- History: 28 SR 951; L 2005 c 97 art 3 s 19
Minn. R. 7849.1300 Information Required for Environmental Review
Subpart 1. Certificate of need application.
A person who submits an application to the Public Utilities Commission for a certificate of need for a LEPGP or a HVTL pursuant to Minnesota Statutes, section 216B.243, shall at the same time submit a copy of the application and all accompanying materials required by the PUC to the commissioner of the Department of Commerce. The person shall provide the commissioner with an electronic version of the application suitable for posting on the commissioner's web page.
Subp. 2. Transmission projects report.
A person who submits a transmission projects report to the Public Utilities Commission with a request for certification of a high voltage transmission line pursuant to Minnesota Statutes, section 216B.2425, shall at the same time submit a copy of the report and all accompanying materials required by the PUC to the commissioner of the Department of Commerce. The person shall provide the commissioner with an electronic version of the report suitable for posting on the commissioner's web page.
History
- Statutory Authority: MS s 116D.04
- History: 28 SR 951; L 2005 c 97 art 3 s 19
Minn. R. 7849.1400 Process for Environmental Report Preparation
Subpart 1. Notice to interested persons.
Upon receipt of an application for a certificate of need or receipt of a transmission projects report seeking certification of a high voltage transmission line, the commissioner of the Department of Commerce shall provide notice to interested persons of the pending project. Notice must be mailed to the following persons:
A. those persons on the commissioner's list maintained pursuant to part 7850.2100;
B. those persons on the general service list maintained by the applicant pursuant to part 7829.0600;
C. those persons on any service list maintained by the Public Utilities Commission for the proceeding;
D. those persons who are required to be given notice of the certificate of need application or the transmission projects report under rules of the Public Utilities Commission;
E. local governmental officials in the area of the proposed project; and
F. those persons who own property adjacent to any site or within any route identified by the applicant as a preferred location for the project or as a site or route under serious consideration by the applicant if such sites or routes are known to the applicant.
Subp. 2. Content of notice.
The notice required by subpart 1 must contain the following information:
A. a description of the proposed project, including possible sites or routes if known;
B. a statement that authorization from the Public Utilities Commission to construct the facility has been applied for and a description of the PUC process, including a statement that the PUC proceeding is the only proceeding in which the no-build alternative and the size, type, timing, system configuration, and voltage will be considered;
C. a statement that the commissioner of the Department of Commerce will prepare an environmental report on the project and a description of the process for preparation of the report;
D. a statement that a public meeting will be held by the commissioner and the date and place of the meeting, a statement that the public will have an opportunity to ask questions about the project and to suggest alternatives and impacts to address in the environmental report, and a statement explaining the purpose of the public meeting;
E. a statement informing the public of where copies of the pertinent information may be reviewed and copies obtained;
F. a statement indicating whether the project proposer may exercise the power of eminent domain to acquire the land necessary for the project and the basis for such authority; and
G. a statement describing the manner in which an interested person can add the person's name to the mailing list for future notices.
Subp. 3. Public meeting.
The commissioner of the Department of Commerce shall hold a public meeting within 40 days after receipt of an application for a certificate of need or receipt of a transmission projects report seeking certification of a high voltage transmission line. At least 15 days prior to the meeting, the commissioner shall mail notice of the meeting to those persons listed in subpart 1. The commissioner shall also publish notice of the meeting in a newspaper of local circulation in the area at least ten days before the meeting. The commissioner shall also publish notice of the meeting in the EQB Monitor and shall post the notice on the commissioner's web page. The public meeting must be held in a location that is convenient for persons who live near a proposed project.
Subp. 4. Conduct of public meeting.
The commissioner shall make available at the public meeting a copy of the certificate of need application or transmission projects report. The commissioner's staff shall explain the process for preparation of the environmental report. At the public meeting, the public must be afforded an opportunity to ask questions and present comments and to suggest alternatives and possible impacts to be evaluated in the environmental report. The commissioner shall keep an audio recording of the meeting. The commissioner shall provide at least 20 days from the day of the public meeting for the public to submit written comments regarding the proposed project.
Subp. 5. Applicant role.
The applicant shall provide representatives at the public meeting who can respond to questions about the proposed project.
Subp. 6. Alternatives and impacts.
A person desiring that a particular alternative to the proposed project or a possible adverse impact of the project be considered in the environmental report shall identify the alternative or impact to be included, provide an explanation of why the alternative or impact should be included in the environmental report, and submit all supporting information the person wants the commissioner to consider. The commissioner shall provide the applicant with an opportunity to respond to each request that is filed. The commissioner shall include in the environmental report any alternative or impact identified by the PUC for inclusion. The commissioner may exclude from analysis any alternative that does not meet the underlying need for or purpose of the project or that is not likely to have any significant environmental benefit compared to the project as proposed, or if another alternative that will be analyzed is likely to have similar environmental benefits with substantially less adverse economic, employment, or sociological impacts than the suggested alternative.
Subp. 7. Commissioner decision.
Within ten days after close of the public comment period, the commissioner shall issue an order determining the following:
A. the alternatives to be addressed in the environmental report, including the alternatives required by part 7849.1500, subpart 1, item B;
B. the specific potential impacts to be addressed;
C. the schedule for completion of the environmental report; and
D. other matters to be included in the environmental report. Once the commissioner has issued an order establishing the matters to be evaluated in the environmental report, the order must not be changed except upon a decision by the commissioner that substantial changes have been made in the project or substantial new information has arisen significantly affecting the potential environmental effects of the project or the availability of reasonable alternatives. The commissioner may elect to bring any decisions regarding what should be included in the environmental report to the next regularly scheduled meeting or a special meeting.
Subp. 8. Notice of decision.
At the time of the commissioner's decision, the commissioner shall mail the order to those persons who have requested to be notified. Any person may request to bring the matter of what alternatives or impacts to include in the environmental report to the commissioner in accordance with part 4405.0600, subpart 5. Such request shall be filed in writing with the commissioner within ten days of the commissioner's decision. A request to bring the matter to the commissioner shall not preclude the commissioner from beginning preparation of the environmental report in accordance with the commissioner's decision.
Subp. 9. Time frame for completion of environmental report.
The commissioner shall complete the environmental report in accordance with the schedule determined by the commissioner. In establishing the schedule for completion of the environmental report, the commissioner shall take into account any applicable statutory deadlines, the number and complexity of the alternatives and impacts to be addressed, and the interests of the public, the applicant, the PUC, the commissioner, and other state agencies. The commissioner shall complete the environmental report within four months of submission of the information required by part 7849.1300. If the PUC should determine that an initial certificate of need application or transmission projects report is incomplete, the commissioner's schedule shall be extended accordingly.
Subp. 10. Notification of availability of environmental report.
Upon completion of the environmental report, the commissioner shall publish notice in the EQB Monitor of the availability of the environmental report and mail notice of the availability of the document to those persons who have requested to be notified. The commissioner shall provide a copy of the document to the PUC and to any other public agency with authority to permit or approve the proposed project. The commissioner shall post the environmental report on the agency's web page.
History
- Statutory Authority: MS s 116D.04
- History: 28 SR 951; L 2005 c 97 art 3 s 19
Minn. R. 7849.1500 Environmental Report Content
Subpart 1. Content of environmental report.
The environmental report must include the items described in items A to H.
A. A general description of the proposed project and associated facilities.
B. A general description of the alternatives to the proposed project that are addressed. Alternatives shall include the no-build alternative, demand side management, purchased power, facilities of a different size or using a different energy source than the source proposed by the applicant, upgrading of existing facilities, generation rather than transmission if a high voltage transmission line is proposed, transmission rather than generation if a large electric power generating plant is proposed, use of renewable energy sources, and those alternatives identified by the commissioner of the Department of Commerce.
C. An analysis of the human and environmental impacts of a project of the type proposed and of the alternatives identified.
D. An analysis of the potential impacts that are project specific.
E. An analysis of mitigative measures that could reasonably be implemented to eliminate or minimize any adverse impacts identified for the proposed project and each alternative analyzed.
F. An analysis of the feasibility and availability of each alternative considered.
G. A list of permits required for the project.
H. A discussion of other matters identified by the commissioner.
Subp. 2. Impacts of power plants.
At a minimum, the commissioner shall address in the environmental report the following impacts for any large electric power generating plant and associated facilities:
A. the anticipated emissions of the following pollutants expressed as an annual amount at the maximum rated capacity of the project and as an amount produced per kilowatt hour and the calculations performed to determine the emissions: sulfur dioxide, nitrogen oxides, carbon dioxide, mercury, and particulate matter, including particulate matter under 2.5 microns in diameter;
B. the anticipated emissions of any hazardous air pollutants and volatile organic compounds;
C. the anticipated contribution of the project to impairment of visibility within a 50-mile radius of the plant;
D. the anticipated contribution of the project to the formation of ozone expressed as reactive organic gases. Reactive organic gases are chemicals that are precursors necessary to the formation of ground-level ozone;
E. the availability of the source of fuel for the project, the amount required annually, and the method of transportation to get the fuel to the plant;
F. associated facilities required to transmit the electricity to customers;
G. the anticipated amount of water that will be appropriated to operate the plant and the source of the water if known;
H. the potential wastewater streams and the types of discharges associated with such a project including potential impacts of a thermal discharge;
I. the types and amounts of solid and hazardous wastes generated by such a project, including an analysis of what contaminants may be found in the ash and where the ash might be sent for disposal or reuse; and
J. the anticipated noise impacts of a project, including the distance to the closest receptor where state noise standards can still be met.
Subp. 3. Impacts of high voltage transmission lines.
At a minimum, the commissioner shall address in the environmental report the following impacts for any high voltage transmission line and associated facilities:
A. the typical right-of-way required for construction of a transmission line;
B. the anticipated size and type of structures required for a line;
C. the electric and magnetic fields usually associated with a line;
D. the anticipated noise impacts of the transmission line; and
E. the anticipated visual impacts of the transmission line.
Subp. 4. Incorporation of information.
In preparing an environmental report, the commissioner may incorporate information and data from other documents in accordance with part 4410.2400.
History
- Statutory Authority: MS s 116D.04
- History: 28 SR 951; L 2005 c 97 art 3 s 19
Minn. R. 7849.1600 Agency Assistance
The commissioner of the Department of Commerce may request another state agency to assist in the preparation of an environmental report. Upon request, another state agency shall provide in a timely manner any unprivileged data or information to which it has reasonable access concerning the matters to be addressed in the environmental report and shall assist in the preparation of the environmental report when the agency has special expertise or access to information.
History
- Statutory Authority: MS s 116D.04
- History: 28 SR 951; L 2005 c 97 art 3 s 19
Minn. R. 7849.1700 Applicant Assistance
The commissioner of the Department of Commerce may request the applicant for a certificate of need or for certification of a HVTL to assist in the preparation of an environmental report. Upon request, the applicant shall provide in a timely manner any unprivileged data or information to which it has reasonable access and which will aid in the expeditious completion of the environmental report.
History
- Statutory Authority: MS s 116D.04
- History: 28 SR 951; L 2005 c 97 art 3 s 19
Minn. R. 7849.1800 Environmental Report to Accompany Project
Subpart 1. PUC decision.
The environmental report, or environmental assessment or EIS prepared pursuant to part 7849.1900, must be completed and copies provided to the Public Utilities Commission before the PUC can hold any public hearing or render a final decision on an application for a certificate of need or for certification of a HVTL. However, the PUC can commence the public hearing process by conducting prehearing matters. The commissioner's staff shall participate in the PUC proceeding and be available to answer questions about the environmental report or environmental assessment or EIS and to respond to comments about the document. The environmental report or environmental assessment or EIS must be considered by the PUC in making a final decision on a certificate of need or HVTL certification request.
Subp. 2. Completeness of environmental report.
At the time the PUC makes a final decision on a certificate of need application or a request for certification of a HVTL, the PUC shall determine whether the environmental report and the record created in the matter address the issues identified by the commissioner in the decision made pursuant to part 7849.1400, subpart 7. The PUC may direct the commissioner to prepare a supplement to the environmental report, or the environmental assessment or EIS if one is prepared pursuant to part 7849.1900, if the PUC determines that an additional alternative or impact should be addressed or supplemental information should be provided.
History
- Statutory Authority: MS s 116D.04
- History: 28 SR 951; L 2005 c 97 art 3 s 19
Minn. R. 7849.1900 Joint Proceeding
Subpart 1. Environmental assessment.
In the event an applicant for a certificate of need for a LEPGP or a HVTL applies to the commissioner of the Department of Commerce for a site permit or route permit prior to the time the commissioner completes the environmental report, and the project qualifies for alternative review by the commissioner under part 7850.2800, the commissioner may elect to prepare an environmental assessment in accordance with part 7850.3700 in lieu of the environmental report required under part 7849.1200. If combining the processes would delay completion of environmental review under parts 7849.1000 to 7849.2100, the commissioner can combine the processes only if the applicant and the Public Utilities Commission agree to the combination. If the processes are combined, the commissioner shall include in the environmental assessment the analysis of alternatives required by part 7849.1500, but is not required to prepare an environmental report under parts 7849.1000 to 7849.2100.
Subp. 2. Environmental impact statement.
In the event an applicant for a certificate of need for a LEPGP or a HVTL applies to the commissioner for a site permit or route permit prior to the time the commissioner completes the environmental report, and the project does not qualify for alternative review by the commissioner under part 7850.2800, the commissioner may elect to prepare an environmental impact statement in lieu of the environmental report required under part 7849.1200 if the applicant and the Public Utilities Commission agree to the additional time that will be required to prepare the environmental impact statement. In this event, the commissioner shall include in the EIS the analysis of alternatives required by part 7849.1500, but is not required to prepare an environmental report under part 7849.1200.
Subp. 3. Procedures.
In the event the commissioner combines the two processes pursuant to subpart 1 or 2, the procedures of parts 7850.1000 to 7850.5600 shall be followed in conducting the environmental review.
Subp. 4. Joint hearing.
If the commissioner determines that a joint hearing with the Public Utilities Commission to consider both permitting and need issues is feasible, more efficient, and may further the public interest, the commissioner may decide to hold a joint hearing with the approval of the commission.
History
- Statutory Authority: MS s 116D.04
- History: 28 SR 951; L 2005 c 97 art 3 s 19
Minn. R. 7849.2000 Alternative Form of Review
The requirements under parts 7849.1000 to 7849.2100 for preparation of an environmental report on a LEPGP or HVTL for which a determination of need by the Public Utilities Commission has been requested is approved as an alternative form of review.
History
- Statutory Authority: MS s 116D.04
- History: 28 SR 951
Minn. R. 7849.2100 Costs to Prepare Environmental Report
Subpart 1. Applicant required to pay costs.
The applicant for a certificate of need for a large electric power generating plant or a high voltage transmission line or for a certification of a high voltage transmission line as part of a transmission projects report shall pay the commissioner of the Department of Commerce the reasonable costs incurred by the commissioner in preparing the environmental report.
Subp. 2. Payment schedule.
The applicant shall submit a minimum payment of $5,000 to the commissioner at the time the application or request is filed with the Public Utilities Commission. Additional payments shall be made within 30 days of notification by the agency that additional fees are necessary for completion of the environmental review. After preparation of the environmental report, the commissioner shall provide the applicant with a final accounting. The applicant shall make the final payment within 30 days of notification, or the agency shall refund any excess payments within 30 days of the final accounting.
History
- Statutory Authority: MS s 116D.04
- History: 28 SR 951; L 2005 c 97 art 3 s 19
Minn. R. 7849.5010 [Renumbered 7850.1000]
[Renumbered 7850.1000]
Minn. R. 7849.5020 [Renumbered 7850.1100]
[Renumbered 7850.1100]
Minn. R. 7849.5030 [Renumbered 7850.1200]
[Renumbered 7850.1200]
Minn. R. 7849.5040 [Renumbered 7850.1300]
[Renumbered 7850.1300]
Minn. R. 7849.5050 [Renumbered 7850.1400]
[Renumbered 7850.1400]
Minn. R. 7849.5060 [Renumbered 7850.1500]
[Renumbered 7850.1500]
Minn. R. 7849.5070 [Renumbered 7850.1600]
[Renumbered 7850.1600]
Minn. R. 7849.5200 [Renumbered 7850.1700]
[Renumbered 7850.1700]
Minn. R. 7849.5210 [Renumbered 7850.1800]
[Renumbered 7850.1800]
Minn. R. 7849.5220 [Renumbered 7850.1900]
[Renumbered 7850.1900]
Minn. R. 7849.5230 [Renumbered 7850.2000]
[Renumbered 7850.2000]
Minn. R. 7849.5240 [Renumbered 7850.2100]
[Renumbered 7850.2100]
Minn. R. 7849.5250 [Renumbered 7850.2200]
[Renumbered 7850.2200]
Minn. R. 7849.5260 [Renumbered 7850.2300]
[Renumbered 7850.2300]
Minn. R. 7849.5270 [Renumbered 7850.2400]
[Renumbered 7850.2400]
Minn. R. 7849.5300 [Renumbered 7850.2500]
[Renumbered 7850.2500]
Minn. R. 7849.5330 [Renumbered 7850.2600]
[Renumbered 7850.2600]
Minn. R. 7849.5340 [Renumbered 7850.2700]
[Renumbered 7850.2700]
Minn. R. 7849.5500 [Renumbered 7850.2800]
[Renumbered 7850.2800]
Minn. R. 7849.5510 [Renumbered 7850.2900]
[Renumbered 7850.2900]
Minn. R. 7849.5520 [Renumbered 7850.3000]
[Renumbered 7850.3000]
Minn. R. 7849.5530 [Renumbered 7850.3100]
[Renumbered 7850.3100]
Minn. R. 7849.5540 [Renumbered 7850.3200]
[Renumbered 7850.3200]
Minn. R. 7849.5550 [Renumbered 7850.3300]
[Renumbered 7850.3300]
Minn. R. 7849.5560 [Renumbered 7850.3400]
[Renumbered 7850.3400]
Minn. R. 7849.5570 [Renumbered 7850.3500]
[Renumbered 7850.3500]
Minn. R. 7849.5580 [Renumbered 7850.3600]
[Renumbered 7850.3600]
Minn. R. 7849.5700 [Renumbered 7850.3700]
[Renumbered 7850.3700]
Minn. R. 7849.5710 [Renumbered 7850.3800]
[Renumbered 7850.3800]
Minn. R. 7849.5720 [Renumbered 7850.3900]
[Renumbered 7850.3900]
Minn. R. 7849.5900 [Renumbered 7850.4000]
[Renumbered 7850.4000]
Minn. R. 7849.5910 [Renumbered 7850.4100]
[Renumbered 7850.4100]
Minn. R. 7849.5920 [Renumbered 7850.4200]
[Renumbered 7850.4200]
Minn. R. 7849.5930 [Renumbered 7850.4300]
[Renumbered 7850.4300]
Minn. R. 7849.5940 [Renumbered 7850.4400]
[Renumbered 7850.4400]
Minn. R. 7849.5950 [Renumbered 7850.4500]
[Renumbered 7850.4500]
Minn. R. 7849.5960 [Renumbered 7850.4600]
[Renumbered 7850.4600]
Minn. R. 7849.5970 [Renumbered 7850.4700]
[Renumbered 7850.4700]
Minn. R. 7849.5980 [Renumbered 7850.4800]
[Renumbered 7850.4800]
Minn. R. 7849.5990 [Renumbered 7850.4900]
[Renumbered 7850.4900]
Minn. R. 7849.6000 [Renumbered 7850.5000]
[Renumbered 7850.5000]
Minn. R. 7849.6010 [Renumbered 7850.5100]
[Renumbered 7850.5100]
Minn. R. 7849.6100 [Renumbered 7850.5200]
[Renumbered 7850.5200]
Minn. R. 7849.6200 [Renumbered 7850.5300]
[Renumbered 7850.5300]
Minn. R. 7849.6300 [Renumbered 7850.5400]
[Renumbered 7850.5400]
Minn. R. 7849.6400 [Renumbered 7850.5500]
[Renumbered 7850.5500]
Minn. R. 7849.6500 [Renumbered 7850.5600]
[Renumbered 7850.5600]
Minn. R. 7849.7010 [Renumbered 7849.1000]
[Renumbered 7849.1000]
Minn. R. 7849.7020 [Renumbered 7849.1100]
[Renumbered 7849.1100]
Minn. R. 7849.7030 [Renumbered 7849.1200]
[Renumbered 7849.1200]
Minn. R. 7849.7040 [Renumbered 7849.1300]
[Renumbered 7849.1300]
Minn. R. 7849.7050 [Renumbered 7849.1400]
[Renumbered 7849.1400]
Minn. R. 7849.7060 [Renumbered 7849.1500]
[Renumbered 7849.1500]
Minn. R. 7849.7070 [Renumbered 7849.1600]
[Renumbered 7849.1600]
Minn. R. 7849.7080 [Renumbered 7849.1700]
[Renumbered 7849.1700]
Minn. R. 7849.7090 [Renumbered 7849.1800]
[Renumbered 7849.1800]
Minn. R. 7849.7100 [Renumbered 7849.1900]
[Renumbered 7849.1900]
Minn. R. 7849.7105 [Renumbered 7849.2000]
[Renumbered 7849.2000]
Minn. R. 7849.7110 [Renumbered 7849.2100]
[Renumbered 7849.2100]
Chapter 7850 SITE OR ROUTE PERMIT; POWER PLANT OR LINE
Minn. R. 7850.0100 [Renumbered 4410.7000]
[Renumbered 4410.7000]
Minn. R. 7850.0200 [Renumbered 4410.7100]
[Renumbered 4410.7100]
Minn. R. 7850.0300 [Renumbered 4410.7200]
[Renumbered 4410.7200]
Minn. R. 7850.0400 [Renumbered 4410.7300]
[Renumbered 4410.7300]
Minn. R. 7850.0500 [Renumbered 4410.7400]
[Renumbered 4410.7400]
Minn. R. 7850.0600 [Renumbered 4410.7500]
[Renumbered 4410.7500]
Minn. R. 7850.0700 [Renumbered 4410.7600]
[Renumbered 4410.7600]
Minn. R. 7850.0800 [Renumbered 4410.7700]
[Renumbered 4410.7700]
Minn. R. 7850.0900 [Renumbered 4410.7800]
[Renumbered 4410.7800]
Minn. R. 7850.1000 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.1100 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.1200 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.1300 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.1400 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.1500 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.1600 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.1700 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.1800 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.1900 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.2000 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.2100 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.2200 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.2300 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.2400 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.2500 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.2600 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.2700 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.2800 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.2900 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.3000 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.3100 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.3200 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.3300 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.3400 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.3500 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.3600 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.3700 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.3800 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.3900 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.4000 Standards and Criteria
No site permit or route permit shall be issued in violation of the site selection standards and criteria established in Minnesota Statutes, sections 216E.03 and 216E.04, and in rules adopted by the commission. The commission shall issue a permit for a proposed facility when the commission finds, in keeping with the requirements of the Minnesota Environmental Policy Act, Minnesota Statutes, chapter 116D, and the Minnesota Environmental Rights Act, Minnesota Statutes, chapter 116B, that the facility is consistent with state goals to conserve resources, minimize environmental impacts, and minimize human settlement and other land use conflicts and ensures the state's electric energy security through efficient, cost-effective power supply and electric transmission infrastructure.
History
- Statutory Authority: MS s 116C.66; 216E.16
- History: 27 SR 1295; L 2005 c 97 art 3 s 19
Minn. R. 7850.4100 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.4200 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.4300 Prohibited Routes
Subpart 1. Wilderness areas.
No high voltage transmission line may be routed through state or national wilderness areas.
Subp. 2. Parks and natural areas.
No high voltage transmission line may be routed through state or national parks or state scientific and natural areas unless the transmission line would not materially damage or impair the purpose for which the area was designated and no feasible and prudent alternative exists. Economic considerations alone do not justify use of these areas for a high voltage transmission line.
History
- Statutory Authority: MS s 116C.66; 216E.16
- History: 27 SR 1295
Minn. R. 7850.4400 Prohibited Sites
Subpart 1. Prohibited sites.
No large electric power generating plant may be located in any of the following areas:
A. national parks;
B. national historic sites and landmarks;
C. national historic districts;
D. national wildlife refuges;
E. national monuments;
F. national wild, scenic, and recreational riverways;
G. state wild, scenic, and recreational rivers and their land use districts;
H. state parks;
I. nature conservancy preserves;
J. state scientific and natural areas; and
K. state and national wilderness areas.
Subp. 2. Water use.
The areas identified in subpart 1 must not be permitted as a site for a large electric power generating plant except for use for water intake or discharge facilities. If the commission includes any of these areas within a site for use for water intake or discharge facilities, it may impose appropriate conditions in the site permit to protect these areas for the purposes for which they were designated. The commission shall also consider the adverse effects of proposed sites on these areas which are located wholly outside of the boundaries of these areas.
Subp. 3. Site exclusions when alternative sites exist.
No large electric power generating plant may be located in any of the following areas unless there is no feasible and prudent alternative. Economic considerations alone do not justify approval of these areas. These areas are:
A. state registered historic sites;
B. state historic districts;
C. state wildlife management areas, except in cases where the plant cooling water is to be used for wildlife management purposes;
D. county parks;
E. metropolitan parks;
F. designated state and federal recreational trails;
G. designated trout streams; and
H. the rivers identified in Minnesota Statutes, section 85.32, subdivision 1.
Subp. 4. Prime farmland exclusion.
No large electric power generating plant site may be permitted where the developed portion of the plant site, excluding water storage reservoirs and cooling ponds, includes more than 0.5 acres of prime farmland per megawatt of net generating capacity, or where makeup water storage reservoir or cooling pond facilities include more than 0.5 acres of prime farmland per megawatt of net generating capacity, unless there is no feasible and prudent alternative. Economic considerations alone do not justify the use of more prime farmland. "Prime farmland" means those soils that meet the specifications of Code of Federal Regulations 1980, title 7, section 657.5, paragraph (a). These provisions do not apply to areas located within home rule charter or statutory cities; areas located within two miles of home rule charter or statutory cities of the first, second, and third class; or areas designated for orderly annexation under Minnesota Statutes, section 414.0325.
Subp. 5. Sufficient water supply required.
No site may be designated that does not have reasonable access to a proven water supply sufficient for plant operation. No use of groundwater may be permitted where removal of groundwater results in material adverse effects on groundwater, groundwater dependent natural resources, or higher priority users in and adjacent to the area, as determined in each case.
The use of groundwater for high consumption purposes, such as cooling, must be avoided if a feasible and prudent alternative exists.
History
- Statutory Authority: MS s 116C.66; 216E.16
- History: 27 SR 1295; L 2005 c 97 art 3 s 19
Minn. R. 7850.4500 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.4600 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.4700 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.4800 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.4900 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.5000 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.5100 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.5200 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.5300 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.5400 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.5500 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7850.5600 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Chapter 7851 CERTIFICATE OF NEED; GAS STORAGE, PIPELINE
Minn. R. 7851.0010 Definitions
Subpart 1. Scope.
For purposes of parts 7851.0010 to 7851.0400, the following definitions shall apply.
Subp. 2. Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subp. 3. Annual gas consumption.
"Annual gas consumption" means the total annual amount of natural or synthetic gas used or disposed of in Minnesota for all purposes by either a utility or pipeline company. This definition shall not include natural gas in storage at the end of the reporting year.
Subp. 4. Construction.
"Construction" means significant physical alteration of a site to install or enlarge a large energy facility, but not including activities incident to preliminary engineering or environmental studies.
Subp. 5. Curtailment.
"Curtailment" means reduction or cutoff of supply to interruptible contract customers that is related directly to deficiencies in gas supply.
Subp. 6. Design day.
"Design day" means the 24-hour period of the greatest theoretical gas demand at a given average temperature.
Subp. 7. Design day availability.
"Design day availability" means the volume of each type of gas arranged to be available on the design day and the maximum total volume of such supply.
Subp. 8. Equivalent Mcf.
"Equivalent Mcf" shall mean the volume in thousands of cubic feet (Mcf) of the liquefied gas if it were gasified, measured at 14.73 pounds per square inch absolute (psia) and 60 degrees Fahrenheit.
Subp. 9. Firm contract customers.
"Firm contract customers" means customers served under schedules or contracts that neither anticipate nor permit interruption unless a state of emergency exists.
Subp. 10. Forecast years.
"Forecast years" means the 18 calendar years consisting of the calendar year the application is filed with the agency, the ten previous calendar years, and the first five, tenth, and 15th subsequent calendar years.
Subp. 11. Gas volume.
"Gas volume" means the volume of gas as measured at 14.73 psia and 60 degrees Fahrenheit. All volumes shall be in Mcf unless otherwise stated.
Subp. 12. Interruptible contract customers.
"Interruptible contract customers" means customers served under schedules or contracts that anticipate or permit interruption of service during the term of the contract.
Subp. 13. Large gas pipeline.
"Large gas pipeline" means any pipeline for transporting natural or synthetic gas at pressures in excess of 200 psia with more than 50 miles of its length in Minnesota.
Subp. 14. Large liquefied gas storage facility.
"Large liquefied gas storage facility" means any facility designed for or capable of storing on a single site more than 100,000 gallons of liquefied natural or synthetic gas.
Subp. 15. Large underground gas storage facility.
"Large underground gas storage facility" means any facility requiring a permit pursuant to Minnesota Statutes, sections 84.57 to 84.621.
Subp. 16. Liquefied gas.
"Liquefied gas" means natural or synthetic gas stored or transported as a liquid.
Subp. 17. Minnesota service area.
"Minnesota service area" means the geographical area within the state of Minnesota where a utility or a pipeline company serves ultimate consumers. The Minnesota service area for a pipeline company shall also include all Minnesota utilities it serves.
Subp. 18. MMcfpd-mile.
"MMcfpd-mile" means a descriptive unit used as a measure of the size of the pipeline, the quantity of which is obtained by multiplying:
A. either the length in miles of the Minnesota portion of the new (sections of) pipeline, or 50 if the capacity expansion would be achieved by adding power, with
B. the new or additional design throughput in thousands of Mcf or equivalent Mcf-per-day (MMcfpd). If the capacity would be expanded by a combination of looping and adding power, then the MMcfpd-mile corresponding to each method of expansion shall be calculated and the pipeline size shall be the sum of the two quantities thus calculated.
Subp. 19. Natural gas.
"Natural gas" means a naturally occurring mixture of hydrocarbon and nonhydrocarbon gases and vapors found in porous geologic formations beneath the earth's surface, the principal constituent of which is methane.
Subp. 20. Off-peak contract customers.
"Off-peak contract customers" means customers served on special schedules or contracts on a firm basis but only for a specified time during the off-peak season.
Subp. 21. Peak day.
"Peak day" means the 24-hour period of greatest gas sendout.
Subp. 22. Person.
"Person" means an individual, partnership, corporation, joint stock company, unincorporated association or society, municipal corporation, or a government or governmental subdivision, unit, or agency, other than a court of law.
Subp. 23. Petroleum supplier.
"Petroleum supplier" means any petroleum refinery in the state and any entity, other than a utility, engaged in the transmission or wholesale distribution in this state of more than 100,000 gallons of crude petroleum, petroleum fuels, oil, their derivatives, or liquefied gas.
Subp. 24. Pipeline company.
"Pipeline company" means an entity that operates a large gas pipeline.
Subp. 25. Substantially complete application.
"Substantially complete application" means an application that is deemed by the commission to be in substantial compliance with the informational requirements of these parts.
Subp. 26. Synthetic gas.
"Synthetic gas" means flammable gas created from gaseous, liquid, or solid hydrocarbons or other organic or inorganic matter. Synthetic gas shall include ethane, propane, butane, or their mixtures, whether extracted from gas streams, lifted from oil and gas wells, or produced at refineries or fuel conversion plants. It shall also include hydrogen or methane produced at conversion plants.
Subp. 27. System.
"System" means that combination of production, gathering, processing, transmission, and storage facilities of the pipeline company or utility for the delivery of natural or synthetic gas to other pipeline companies, other utilities, or ultimate consumers, and includes the company's geographic service area.
Subp. 28. Ultimate consumers.
"Ultimate consumers" means end-use customers, who do not purchase natural gas or synthetic gas for resale.
Subp. 29. Utility.
"Utility" means any entity engaged in Minnesota in the transmission or distribution of natural or synthetic gas to ultimate consumers, including but not limited to a private investor-owned utility or a public or municipally owned utility.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115 subd 1
Minn. R. 7851.0020 Purpose
The purpose of this chapter is to specify the contents of applications for certificates of need and to specify criteria for assessment of need for large liquefied gas storage facilities, large underground gas storage facilities, and large gas pipelines for utilities and pipeline companies pursuant to Minnesota Statutes, section 216B.243.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0030 Scope of Rules
Subpart 1. Petroleum suppliers.
A petroleum supplier applying for a certificate of need to construct a large liquefied petroleum gas storage facility or large liquefied petroleum gas pipeline shall apply under parts 7853.0010 to 7853.0800.
Subp. 2. Utilities and pipeline companies.
Each utility or pipeline company applying for a certificate of need to construct one of the following types of large energy facilities shall provide all information required by this chapter:
A. a new large liquefied gas storage facility;
B. a new large underground gas storage facility;
C. a new large gas pipeline;
D. any project that, within a period of two years, would expand the liquefied gas storage capacity of an existing large liquefied gas storage facility in excess of either 20 percent capacity or 100,000 gallons, whichever is greater;
E. any project that, within a period of two years, would expand the capacity of an existing large gas pipeline in excess of either 20 percent of rated design throughput or 17,000 Mcf per day or equivalent Mcf per day, whichever is greater; and
F. any project that, within a period of two years, would expand the capacity of an existing large underground gas storage facility in excess of 20 percent of capacity.
Subp. 3. Exceptions.
Any person who as of the effective date of this chapter has begun or has completed construction of a large energy facility shall not be subject to this chapter for that facility.
An interstate pipeline requiring a certificate of public convenience and necessity from the Federal Energy Regulatory Commission shall not be subject to this chapter.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0100 Purpose of Criteria
The criteria for assessment of need shall be used by the commission in the determination of the need for a proposed large energy facility pursuant to Minnesota Statutes, section 216B.243. The factors listed under each of the criteria in parts 7851.0110 and 7851.0120 shall be evaluated to the extent that the commission deems them applicable and pertinent to each facility proposed pursuant to this chapter. The commission shall make a specific written finding with respect to each of the criteria.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0110 Consideration of Alternatives
The commission shall consider only those alternatives proposed before the close of the public hearing and for which there exists substantial evidence on the record with respect to each of the criteria listed in part 7851.0120.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0120 Criteria
A certificate of need shall be granted to the applicant if it is determined that:
A. the probable result of denial would adversely affect the future adequacy, reliability, or efficiency of energy supply to the applicant, to the applicant's customers, or to the people of Minnesota and neighboring states, considering:
B. a more reasonable and prudent alternative to the proposed facility has not been demonstrated by a preponderance of evidence on the record by parties or persons other than the applicant, considering:
C. the consequences to society of granting the certificate of need are more favorable than the consequences of denying the certificate, considering:
D. it has not been demonstrated on the record that the design, construction, or operation of the proposed facility will fail to comply with those relevant policies, rules, and regulations of other state and federal agencies and local governments.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0200 Application Procedures and Timing
Subpart 1. Form.
Each applicant for a certificate of need shall apply in a form and manner prescribed by the commission.
Subp. 2. Copies, title, table of contents.
A minimum of seven bound copies and one unbound copy of the application shall be filed with the commission. The commission may require additional bound copies, not to exceed 100 copies total. All documents, forms, and schedules filed with the application shall be typed on 8-1/2 inch by 11 inch paper except for drawings, maps, and similar materials. Each application shall contain a title page and a complete table of contents that includes the applicable rule by the titles and numbers given in this chapter. The date of preparation and the applicant's name shall appear on the title page, as well as on each document filed with the application.
Subp. 3. Changes, corrections.
Subsequent to the filing of an application, any changes or corrections to the application shall comply with subpart 2 as to the number of copies and size of documents. In addition, each page of a change or correction to a previously filed page shall be marked with the word "REVISED" and with the date the revision was made. The original copy of the changes or corrections shall be filed with the administrative law judge, and the remaining copies shall be submitted to the commission.
Subp. 4. Cover letter.
Each application for a certificate of need shall be accompanied by a cover letter signed by an authorized officer or agent of the applicant. The cover letter shall specify the type of facility for which a certificate of need is requested and the number of copies of the application filed.
Subp. 5. Hearing.
An administrative law judge shall be assigned, and a public hearing shall be scheduled to commence, no later than 80 days after the receipt of the application, in accordance with rules of procedure governing certificate of need filing, part 7829.2500, and the Office of Administrative Hearings' rules for contested cases, chapter 1400.
Subp. 6. Decision.
A decision on an application for a certificate of need shall be made by the commission no later than six months from the receipt of the application, provided that the application as received is substantially complete.
Subp. 7. Incomplete applications.
The commission shall notify the applicant within 15 days of the receipt of an application if the application is not substantially complete. Upon such notification, the applicant may correct any deficiency and may resubmit the application. A decision shall be made upon the revised application within six months of the date of resubmission, assuming it is then substantially complete.
Subp. 8. Exemptions.
Prior to the submission of an application, a person shall be exempted from any data requirement of these rules upon a written request to the commission for exemption from specified rules, and a showing by that person in the request that the data requirement is unnecessary to determine the need for the proposed facility or may be satisfied by submission of another document. A request for exemption must be filed at least 20 days prior to submission of an application. The commission shall respond in writing to each such request within 15 days of receipt including reasons for the decision. The commission shall file a statement of exemptions granted and reasons therefor prior to commencement of the hearing.
Subp. 9. Denial of application.
When an application is denied, the commission shall state the reasons for the denial.
History
- Statutory Authority: MS s 216B.08; 216B.243; 216C.10
- History: L 1983 c 289 s 115; L 1984 c 640 s 32; 26 SR 391; 26 SR 1438
Minn. R. 7851.0210 Filing Fees and Payment Schedule
Subpart 1. Fees.
The fee for processing an application shall be:
A. $2,000 plus $10 per 4,000 Mcf of design storage capacity for a large underground gas storage facility;
B. $2,000 plus $10 per 100,000 gallons of design storage capacity for a large liquefied gas storage facility; or
C. $5,000 plus 60 cents per MMcfpd-mile for a large gas pipeline, plus such additional fees as are reasonably necessary for completion of the evaluation of need for the proposed facility. In no event shall the total fee required of the applicant exceed $50,000.
Subp. 2. Schedule.
Fifty percent of the fee set according to subpart 1 shall accompany the application, and the balance shall be paid 90 days after submission of the application. The applicant shall be notified when any additional fees are due and shall pay them within 30 days of notification. The billing for such additional fees shall be accompanied by an itemized statement.
Subp. 3. Payment required.
No certificate of need shall be issued unless all fees are paid in full.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0220 Contents of Application
Subpart 1. Information required.
Each application for a certificate of need shall provide all information required by parts 7851.0230 to 7851.0370.
Subp. 2. Joint application.
If the proposed application for a certificate of need is jointly submitted by two or more persons, each such person shall, when so specified, submit the information required by this chapter.
Subp. 3. Multiparty ownership and use.
Each application for a certificate of need for a facility that would be owned and/or used by two or more persons shall be considered as a joint application for purposes of this chapter.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0230 General Information Section
Subpart 1. General contents.
Each application shall contain a general information section that shall include the following information:
A. the applicant's complete name and address, telephone number, and standard industrial classification codes;
B. the complete name, title, address, and telephone number of the official or agent to be contacted concerning the applicant's filing;
C. a brief description of the proposed facility, its complete address (if known) or general location, a brief description of its planned use, its estimated cost, its planned in-service date, and its design capacity, in gallons for liquefied gas storage, in Mcf or equivalent Mcf for underground gas storage, or its length in miles and maximum design throughput in gallons per day or Mcf per day for gas pipelines;
D. the total fee for the application as prescribed by part 7851.0210, and the amount of the fee submitted with the application; and
E. the signatures and titles of the applicant's officers or executives authorized to sign the application, and the signature of the preparer of the application if prepared by an outside agent.
Subp. 2. List of government agencies.
Each application shall contain a schedule in the general information section that lists all known federal, state, and local agencies or authorities with which the applicant must file for the proposed facility. The following information shall be included on the schedule:
A. the names of all known federal, state, or local agencies or authorities with which the applicant must file;
B. the title of each permit or certificate issued by the authorities named in response to item A;
C. for each permit or certificate listed in response to item B, the date an application was filed or the projected date of future application;
D. for each permit or certificate listed in response to item B, the actual date a decision was made on the application, or the anticipated decision date; and
E. for each permit or certificate listed in response to item B, for which an application was filed, the disposition or status of the permit or certificate.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0240 Need Summary
Each application shall contain a section that summarizes the major factors that justify the need for the proposed facility. The summary shall not exceed, without the approval of the commission, 15 pages in length, including text, tables, schedules, graphs, and figures.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0250 Summary of Additional Considerations
Each application shall contain a section that discusses the socioeconomic considerations listed below. The applicant shall explain the relationship of the proposed facility to each of the following:
A. socially beneficial uses of the output of the facility, including its uses to protect or enhance environmental quality;
B. promotional activities that may have given rise to the demand for the facility; and
C. the effects of the facility in inducing future development.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0260 Conservation Programs
Each application shall contain a section that relates to the conservation of energy. Separate responses are required from each person submitting a joint application. The following information shall be included:
A. the energy committee or an individual responsible for determination or coordination of the applicant's energy needs;
B. the applicant's energy conservation and efficiency goals and objectives;
C. a description of the major energy conservation and efficiency programs the applicant has considered, a list of those that have been implemented, and the reasons why the other programs have not been implemented;
D. the major accomplishments in energy conservation and efficiency that have been made by the applicant within the past five years;
E. the major energy conservation and efficiency programs that will be implemented within the next five years; and
F. the manner by which these energy conservation and efficiency programs have been reflected in the forecast given in response to part 7851.0270.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0270 Peak Demand and Annual Gas Sales Forecast
Subpart 1. Joint applications.
In a joint application, separate responses are required from each person for information required by this part.
Subp. 2. Scope.
Each application shall contain actual data and forecasts of peak demand and annual gas consumption within the applicant's service area and system. When recorded data is not available, or when the applicant does not use the required data in preparing its own forecast, the applicant shall use an estimate and indicate in the forecast justification section, subpart 4, the procedures used in deriving the estimate. The application shall clearly indicate which are historical data and which are estimates. Data provided by the applicant should be reasonable and internally consistent.
Subp. 3. Content.
For each forecast year, the following data shall be provided:
A. if the applicant's service area includes areas other than Minnesota, annual gas consumption by ultimate consumers within the applicant's Minnesota service area;
B. annual gas consumption by ultimate consumers and the number of such customers within the applicant's system in the following categories:
C. an estimate of the daily demand for gas by ultimate consumers in the applicant's system for each of the categories listed in item B at the time of the applicant's system peak demand; and
D. the applicant's system peak demand by month.
Subp. 4. Forecast justification.
A. Forecast methodology: each applicant may use a forecast methodology of its own choosing, with due consideration given to cost, staffing requirements, and data availability. However, any forecasts provided by the applicant shall be subject to tests of accuracy, reasonableness, and consistency. The applicant shall detail the forecast methodology employed to obtain the forecasts provided under subpart 3, including:
B. Data base: the applicant shall discuss the data base used in arriving at the forecast presented in its application, including:
C. Assumptions and special information: the applicant shall discuss each essential assumption made in preparing the forecast, including the need for the assumption, the nature of the assumption, and the sensitivity of forecast results to variations in the assumption.
D. Subject of assumption: the applicant shall discuss the assumptions made regarding:
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; L 1984 c 640 s 32; 17 SR 1279
Minn. R. 7851.0280 Load and Capacity Information
In a joint application, separate responses are required from each person for information required by this part.
The applicant shall describe the ability of its existing facilities to meet the demand forecast in part 7851.0270 and the extent to which the proposed facility will increase this capability. In preparing this description, the applicant shall provide, for the last calendar year, the current calendar year, the first full calendar year before the proposed facility is expected to be in operation, and the first full calendar year of operation of the proposed facility:
A. an annual load duration curve consisting of a single graph for each year and accompanying tables indicating the total monthly consumption of gas in the following classifications:
B. for a utility, an annual supply curve consisting of a single graph for each year and showing the contributions from:
C. for a pipeline company, an annual supply curve showing the contributions from:
D. the applicant's design day availability and the mean temperature assumed for the design day.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0290 Alternatives
The applicant shall provide information pertaining to possible alternatives in the following format:
A. a description of the alternative, including its capacity and economic life; and
B. a cost/benefit analysis, comparing investment costs, annual operating and maintenance costs, environmental effects, safety and reliability aspects, and energy requirements of each alternative with those of the proposed facility.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0300 Historical Facility Data
Each applicant (each person in a joint application) shall provide the following information:
A. a system map showing the route and mileage of its large gas pipelines, and the locations of pumping or compressor stations, storage facilities, interconnections, and fuel conversion or processing plants;
B. the design capacity of each line in the system to transport natural or synthetic gas into Minnesota;
C. the design capacity of the system to transport natural or synthetic gas out of the state;
D. identification of the specific facilities listed in response to item A normally used to store or transport the type of gas that would be stored or transported in the proposed facility;
E. the end-of-year total capacity of the facilities listed in response to item D for each of the ten years preceding the application;
F. average percentage utilization during the peak season and during the off-peak season of the facilities listed in response to item D;
G. maximum sendout at the beginning and end of the withdrawal cycle from the storage facilities listed in response to item D;
H. if any of the storage facilities listed in response to item D is a large underground gas storage facility, the method of containment of the stored natural or synthetic gas and the method of disposal of the water produced in or seeping into the facility;
I. if any of the storage facilities listed in response to item D is part of a liquefaction facility, a brief description of the system used to liquefy gas; and
J. if any of the storage facilities listed in response to item D is part of a fuel conversion or processing plant, a brief description of the plant.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0310 Description of Proposed Facility
Subpart 1. Design.
The applicant shall provide the following information pertaining to the design of the proposed facility:
A. the purpose and planned use of the facility, including its relationship to the system which requires it;
B. its initial and ultimate design capacity or throughput in the appropriate unit of measure;
C. if known, the complete name and address of the engineer and firm that would be responsible for the design;
D. the boiling point at 14.73 psia, critical point in degrees Fahrenheit and psia, and Btu content per Mcf or equivalent Mcf of the types of gas that would be stored or transported;
E. the temperature and maximum operating pressure at which the natural or synthetic gas would be stored or transported;
F. preliminary engineering drawings, blueprints, and specifications for:
G. its economic life; and
H. the estimated tariffs (proposed pipelines only), and capital, maintenance, and operating costs of the facility during its economic life.
Subp. 2. Construction.
The applicant shall provide the following information pertaining to the construction of the proposed facility:
A. if known, the complete name and address of the company that would be responsible for the construction; and
B. the proposed date for commencement of construction and the proposed in-service date.
Subp. 3. Operation.
The applicant shall provide the following information on the operation of the proposed facility:
A. the expected average percentage of use of the proposed facility during the first five years of operation;
B. the expected maximum operating pressure and delivery rates of the proposed facility at peak demand;
C. the expected power requirement of the prime movers at peak demand (in kilowatts, Mcf per hour, or gallons per hour); and
D. for a proposed storage facility, the maximum delivery rate of the most likely modes of transportation that would be used to transport gas to the site.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0320 Other Data Filed with Application
In addition to the information required by the commission, the applicant may desire to file other data. If, in the opinion of the applicant, additional relevant data should be submitted for consideration, such data should be filed in a separate section of the application.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0330 Environmental Information Required
If an environmental assessment worksheet (EAW) on the proposed facility is sufficient to meet the requirements of the Minnesota Environmental Quality Board, a copy of the EAW may be submitted in lieu of specific answers to the requirements in parts 7851.0340 to 7851.0370. If permits for construction of said facility are required by other state agencies, a copy of each permit application, or the information equivalent, shall also be submitted.
If an environmental impact statement (EIS) is required for the proposed facility, a draft EIS may be submitted with the certificate of need application in lieu of specific answers to the requirements of parts 7851.0340 to 7851.0370.
In all other cases the applicant for a certificate of need for a large energy facility subject to this chapter shall provide environmental information for the proposed facility and for each alternative facility discussed in response to part 7851.0290. Such information shall be provided in the format given in parts 7851.0340 to 7851.0370, to the extent that such data is applicable and reasonably available.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0340 Location
Subpart 1. Map.
On a suitable map, identify the sites or routes that, in the opinion of the applicant, could serve as the site or route for the proposed facility. For a proposed storage facility, indicate the county, township, range, and sections of each identified site. For a proposed pipeline, indicate the cities or population centers through which the route passes. Indicate on the map trunk highways, railroads, and airports within one mile of the site or along the route.
Subp. 2. Map data.
For each site or route identified in response to subpart 1, list:
A. the general nature of the terrain;
B. the general soil types and approximate percentage of each;
C. the estimated maximum and minimum depths of groundwater;
D. for a proposed pipeline, the number of miles of the route that passes through, respectively, federal lands, state lands, county or tax-forfeit lands, incorporated areas, and private land outside incorporated areas;
E. the types of vegetation (including forest, brush, marsh, pasture, and cropland) on the site or along the route, and the approximate percentage of each;
F. the predominant types of land use (such as residential, forest, agricultural, commercial, and industrial) within one mile of the site or along the route and the approximate percentage of each;
G. national natural landmarks, national wilderness areas, national wildlife refuges, national wild and scenic rivers, national parks, national forests, national trails, and national waterfowl production areas within one mile of the site or along the route, as mapped on the inventory of significant resources by the State Planning Agency;
H. state critical areas, state wildlife management areas, state scientific and natural areas, state wild, scenic, and recreational rivers, state parks, state scenic wayside parks, state recreational areas, state forests, state trails, state canoe and boating rivers, state zoo, designated trout streams, and designated trout lakes within one mile of the site or along the route, as mapped on the inventory of significant resources by the State Planning Agency; and
I. national historic sites and landmarks, national monuments, national register historic districts, registered state historic or archaeological sites, state historical districts, sites listed on the National Register of Historic Places, and any other cultural resources within one mile of the site or along the route, as indicated by the Minnesota Historical Society.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0350 Wastewater, Air Emissions, and Noise Sources
Subpart 1. Point discharges to water.
Indicate the location, route, and final receiving waters for any discharge points. For each discharge point indicate the source, the amount, and the nature of the discharge.
Subp. 2. Area runoff.
Indicate the area from which runoff may occur, potential sources of contamination in the area, and receiving waters for any runoff.
Subp. 3. Point sources of airborne emissions.
Estimate the quantity of gaseous and particulate emissions that would occur during full operation from each emission source and indicate the location and nature of the release point.
Subp. 4. Noise.
Indicate the maximum noise levels (in decibels, A scale) expected at the property boundary. Also, indicate the expected maximum increase over ambient noise levels.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0360 Pollution Control and Safeguards Equipment
Subpart 1. Air pollution controls.
Indicate types of emission control devices and measures that would be used.
Subp. 2. Water pollution controls.
Indicate types of water pollution control equipment and runoff control measures that would be used to comply with applicable state and federal rules, regulations, and statutes.
Subp. 3. Explosion and fire safeguards.
Describe measures that would be taken to prevent or minimize the impact of an explosion or fire.
Subp. 4. Other safeguards and controls.
Indicate any other equipment or measures, including erosion control, that would be used to reduce impact of the facility. Indicate the types of environmental monitoring, if any, that are planned for the facility and describe relevant environmental monitoring data already collected.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0370 Induced Developments
Subpart 1. Vehicular traffic.
Estimate the amounts and types of vehicular traffic that would be generated by the facility due to construction activity and, later, operational needs.
Subp. 2. Water use.
Indicate the amount of water that would be appropriated and the amount that would be consumed by the facility, the expected source of the water, and how the water would be used.
Subp. 3. Agriculture.
Estimate the amount of land, including pasture land, that would be removed from agricultural use if the facility were constructed. Indicate known circumstances with regard to the facility that could lead to reduced productivity of agricultural land on or near the site or along the route. Estimate the amount of excavation, backfilling, grading, soil compaction and soil mixture, and ditching to be done in farm fields.
Subp. 4. Relocation of persons.
Estimate the number of people that would have to relocate if the facility were constructed.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7851.0400 Certificate of Need Modifications
Subpart 1. Authority of commission.
Issuance of a certificate may be made contingent upon modifications required by the commission.
Subp. 2. Changes not requiring recertification.
The following changes in a facility previously certified by the commission shall not require recertification:
A. capacity additions or subtractions of less than ten percent of the capacity approved by the commission;
B. pipeline length additions or subtractions of less than ten percent of the length approved by the commission; and
C. changes of less than two years in the in-service date.
Subp. 3. Procedure in case of other changes.
If an applicant determines that a change greater or other than those specified in subpart 2 is necessary or desirable, it shall inform the commission of the desired change, accompanied by a written statement detailing the reasons for the proposed change. The commission shall evaluate these reasons and within 45 days of receipt of said statement notify the applicant whether the proposed change is acceptable without recertification.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Chapter 7852 ROUTE PERMIT; PIPELINE
Minn. R. 7852.0100 Definitions
Subpart 1. Scope.
The definitions in Minnesota Statutes, section 216G.02, and this part apply to this chapter.
Subp. 2. Act.
"Act" has the meaning given it in Minnesota Statutes, section 216G.02.
Subp. 3. Affected landowner.
"Affected landowner" means an owner or lessee of record of real property, any part of which is within the proposed pipeline route.
Subp. 4. Authorized representative or agent.
"Authorized representative" or "agent" means a person who is authorized to act as a contact person on behalf of the applicant or permittee.
Subp. 5. Applicant.
"Applicant" means any person or persons who apply to the commission for a conditional exclusion, partial exemption, pipeline route selection, or emergency.
Subp. 6. Application.
"Application" means a document submitted by a person or persons to the commission for conditional exclusion, partial exemption, pipeline route selection, or emergency, the contents of which are described in this chapter.
Subp. 7. Associated facilities.
"Associated facilities" means all parts of those physical facilities through which hazardous liquids or gas moves in transportation, including but not limited to pipe, valves, and other appurtenances connected or attached to pipe, pumping and compressor units, fabricated assemblies associated with pumping and compressor units, metering and delivery stations, regulation stations, holders, breakout tanks, fabricated assemblies, cathodic protection equipment, telemetering equipment, and communication instrumentation located on the right-of-way.
Subp. 8. Barrel.
"Barrel" has the meaning given in part 7853.0100, subpart 5.
Subp. 9. Btu.
"Btu" has the meaning given in part 7853.0100, subpart 6.
Subp. 10. Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subp. 11. Construction.
"Construction" means any clearing of land, excavation, or other action for the purpose of constructing new pipeline that would adversely affect the natural environment of a pipeline route. Construction does not include changes needed for temporary use of a route for purposes of maintenance, repair, or replacement of an existing pipeline and associated facilities within existing rights-of-way, or for the minor relocation of less than three-quarters of a mile of an existing pipeline or for securing survey or geological data, including necessary borings to ascertain soil conditions.
Subp. 12. Design day.
"Design day" has the meaning given in part 7851.0010, subpart 6.
Subp. 13. Environment.
"Environment" means physical conditions existing in the area that may be affected by a proposed pipeline and associated facilities. It includes land, air, water, minerals, flora, fauna, ambient noise, energy resources, natural features, or artifacts of historic, archaeological, geologic, or aesthetic significance.
Subp. 14. Equivalent Mcf.
"Equivalent Mcf" has the meaning given in part 7851.0010, subpart 8.
Subp. 15. Filed.
"Filed" means submitted to the commission. A document is considered filed with the commission when it is received by the commission.
Subp. 16. Gas.
"Gas" has the meaning given in Minnesota Statutes, section 216G.02, subdivision 1, paragraph (b).
Subp. 17. Gas volume.
"Gas volume" has the meaning given in part 7851.0010, subpart 11.
Subp. 18. Hazardous liquid.
"Hazardous liquid" has the meaning given in Minnesota Statutes, section 216G.02, subdivision 1, paragraph (c).
Subp. 19. Liquefied gas.
"Liquefied gas" has the meaning given in part 7851.0010, subpart 16.
Subp. 20. Liquefied petroleum gas; LPG.
"Liquefied petroleum gas" or "LPG" has the meaning given in part 7853.0100, subpart 15.
Subp. 21. Mcf.
"Mcf" has the meaning given in part 7855.0010, subpart 21.
Subp. 22. Permittee.
"Permittee" means any person to whom a pipeline routing permit is issued.
Subp. 23. Person.
"Person" means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized.
Subp. 24. Pipe.
"Pipe" means any pipe or tube through which hazardous liquids or gas flows or is conveyed from one point to another.
Subp. 25. Pipeline.
"Pipeline" means:
A. pipe with a nominal diameter of six inches or more that is designed to transport hazardous liquids, but does not include pipe designed to transport a hazardous liquid by gravity, and pipe designed to transport or store a hazardous liquid within a refining, storage, or manufacturing facility; or
B. pipe designed to be operated at a pressure of more than 275 pounds per square inch and to carry gas.
Subp. 26. Pipeline company.
"Pipeline company" means an entity that operates a pipeline.
Subp. 27. Pipeline project or project.
"Pipeline project" or "project" means a pipeline and associated facilities that are planned or under construction.
Subp. 28. Pipeline routing permit.
"Pipeline routing permit" means the written document issued by the commission to the permittee that designates a route for a pipeline and associated facilities, conditions for right-of-way preparation, construction, clean-up, and restoration. The permit may not set safety standards for pipeline construction.
Subp. 29. Public adviser.
"Public adviser" means a staff person designated by the commission for the sole purpose of assisting and advising any person on how to effectively participate in the pipeline route selection procedures.
Subp. 30. Right-of-way.
"Right-of-way" means the interest in real property used or proposed to be used within a route to accommodate a pipeline and associated facilities.
Subp. 31. Route.
"Route" means the proposed location of a pipeline between two end points. A route may have a variable width from the minimum required for the pipeline right-of-way up to 1.25 miles.
Subp. 32. Route segment.
"Route segment" means a portion of a route.
Subp. 33. Shelterbelt.
"Shelterbelt" means the barrier zone of grasses, shrubs, and trees, or any combination of them, planted to protect crops, soil, and other sensitive areas against erosion.
Subp. 34. Synthetic gas.
"Synthetic gas" has the meaning given in part 7851.0010, subpart 26.
History
- Statutory Authority: MS s 14.388; 116I.015; 216G.02
- History: 13 SR 2046; 17 SR 1279; L 2005 c 97 art 3 s 19; 48 SR 886
Minn. R. 7852.0200 Authority, Scope, Purpose, and Objectives
Subpart 1. Authority.
This chapter is adopted under authority granted in Minnesota Statutes, section 216G.02, to implement review procedures for the routing of pipelines that give effect to the purposes of the act.
Subp. 2. Scope.
This chapter applies to pipelines defined in Minnesota Statutes, section 216G.02, unless excluded by statute or this chapter. This chapter does not set safety standards for the design or construction of pipelines. The issuance of a pipeline routing permit under Minnesota Statutes, section 216G.02, and this chapter for the subsequent purchase and use of a right-of-way with the route is the only site approval required to be obtained by the person owning or constructing the pipeline. The pipeline routing permit supersedes and preempts all zoning, building, or land use rules, regulations, or ordinances adopted by regional, county, local, or special purpose governments, as provided in Minnesota Statutes, section 216G.02, subdivision 4. The pipeline routing permit must not contravene applicable state or federal jurisdiction, rules, or regulations that govern safety standards for pipelines nor shall the permit set safety standards for the design or construction of pipelines.
Subp. 3. Purpose.
Minnesota Statutes, section 216G.02, recognizes that pipeline location and restoration of the affected area after construction is important to citizens and their welfare and that the presence or location of a pipeline may have a significant impact on humans and the environment.
To properly assess and determine the location of a pipeline, it is necessary to understand the impact that a proposed pipeline project will have on the environment. Pipeline route designation procedures, proper pipeline right-of-way preparation, construction practices, and restoration of the affected area will lessen or mitigate the impacts of the proposed pipeline project on humans and the environment. The purpose of this chapter is to aid in the selection of a pipeline route and to aid in the understanding of its impacts and how those impacts may be reduced or mitigated through the preparation and review of information contained in pipeline routing permit applications and environmental review documents.
Subp. 4. Objectives.
The process created by this chapter is designed to:
A. locate proposed pipelines in an orderly manner that minimizes adverse human and environmental impact;
B. provide information to the project proposer, governmental decision makers, and the public concerning the primary human and environmental effects of a proposed pipeline project;
C. reduce delay, uncertainty, and duplication in the review process; and
D. ensure that pipeline routing permit needs are met and fulfilled in an orderly and timely manner.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046
Minn. R. 7852.0300 Applicability of Rules
Subpart 1. Exclusions.
This chapter does not apply to:
A. temporary use of a route for purposes other than installation of a pipeline;
B. securing survey and geological data;
C. repair or replacement of an existing pipeline within an existing right-of-way;
D. minor relocation of less than three-quarters of a mile of an existing pipeline;
E. pipe designed to transport a hazardous liquid by gravity;
F. associated facilities and pipe designed to transport or store a hazardous liquid within a refining, storage, or manufacturing facility;
G. associated facilities when they are being constructed as an addition to an existing pipeline;
H. maintenance activities on existing pipeline rights-of-way;
I. natural gas pipelines occupying streets, highways, or other public property within a municipality under rights granted pursuant to a license, permit, right, or franchise that has been granted by the municipality under authority of Minnesota Statutes, section 216B.36; and
J. any person that proposes to construct or operate an interstate natural gas pipeline under the authority of the federal Natural Gas Act, United States Code, title 15, section 717, et seq.
Subp. 2. Conditional exclusion.
This chapter does not apply to construction of a new pipeline in a right-of-way in which a pipeline has been constructed before July 1, 1988, or in a right-of-way that has been approved by the commission after July 1, 1988, except when the commission determines that there is a significant chance of an adverse effect on the environment or that there has been a significant change in land use or population density in or near the right-of-way since the first construction of a pipeline within the right-of-way, or since the commission first approved the route within which the right-of-way is located. Part 7852.0500 addresses conditional exclusion procedures.
Subp. 3. Partial exemption.
The commission may exempt a proposed pipeline from part of the pipeline routing permit procedures in emergencies or if the commission determines that the proposed pipeline will not have a significant impact on humans or the environment. Part 7852.0400 addresses emergency procedures and part 7852.0600 addresses partial exemption procedures.
Subp. 4. Pipeline route selection.
If the commission does not grant a partial exemption or if the pipeline company chooses not to apply for a partial exemption, the pipeline company may submit an application for pipeline route selection and a pipeline routing permit. Part 7852.0700 addresses pipeline route selection procedures.
Subp. 5. Denial of request.
Application costs for a conditional exclusion, partial exemption, pipeline route selection, or emergency are borne by the applicant as determined in part 7852.4000. If the commission denies an applicant's request for a conditional exclusion, partial exemption, or emergency, the applicant remains responsible for the actual costs and any additional time required for any other application procedures and requirements necessary for further action by the commission.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.0400 Pipeline Emergency Action and Procedures
Subpart 1. Pipeline emergency action.
In the rare situation where immediate action by a pipeline company whose pipeline system requires the immediate construction of a pipeline is considered essential to avoid or eliminate an imminent threat, prevent injury, loss of life, property damage, or loss of essential public services, a pipeline project may be undertaken without the review that would otherwise be required by this chapter.
Subp. 2. Pipeline emergency procedures.
The pipeline company shall notify and demonstrate to the commission, either orally or in writing, that immediate action is essential and must receive temporary authorization from the commission to proceed. All oral requests must be followed by a written request within three working days. Temporary authorization to proceed must be determined by the commission as soon as possible after the request is made and must be limited to only those aspects of the project necessary to control the immediate impacts of the emergency.
A. If temporary authorization to proceed is granted by the commission, the pipeline company must appear at the next commission meeting to seek authorization from the commission to continue activities necessary to remedy the emergency. Other aspects of the project remain subject to review under this chapter.
B. If temporary authorization to proceed is denied by the commission, the pipeline company may request and be granted an immediate special meeting of the commission. The commission shall then determine whether a pipeline emergency exists and whether temporary authorization for the pipeline company to proceed with immediate construction is appropriate.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.0500 Conditional Exclusion Procedures and Determination
Subpart 1. Procedures.
A pipeline company having a reasonable basis to assert that a pipeline routing permit is not required to construct or operate a proposed pipeline under Minnesota Statutes, section 216G.02, shall so notify the commission and the county board of each county through which the pipeline will be constructed. The commission shall make a determination on whether to grant a conditional exclusion provided for in part 7852.0300, subpart 2, only when the pipeline company:
A. completes the environmental assessment worksheet (EAW) review procedures as provided in parts 4410.1000 to 4410.1700; and
B. provides information that will allow the commission to determine if there has been a significant change in land use or population density in or near the right-of-way since the first construction of pipeline in the right-of-way, or since the commission first approved the right-of-way. This information will be distributed with the EAW for comments.
Subp. 2. Determination.
Based on the record of the EAW decision, including the information required by part 7852.0500, subpart 1, item B, the commission shall grant a conditional exclusion unless it finds that:
A. there is a significant chance of an adverse effect on the environment; or
B. there has been a significant change in land use or population density in or near the right-of-way since the first construction of the pipeline in the right-of-way, or since the commission first approved the right-of-way.
Subp. 3. Granting of conditional exclusion.
When an exclusion is granted, the applicant must comply with the requirements provided by Minnesota Statutes, sections 117.49 and 216G.03. No further review under Minnesota Statutes, section 216G.02, and this chapter is required.
Subp. 4. Denial of exclusion.
If the commission does not grant an exclusion, the pipeline company may submit an application for a pipeline routing permit under either the partial exemption procedures in parts 7852.0600 to 7852.0700 or the full pipeline route selection procedures in parts 7852.0800 to 7852.1900.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.0600 Partial Exemption from Pipeline Route Selection Procedures
Subpart 1. Partial exemption procedures.
A person may apply to the commission for partial exemption from the pipeline route selection procedures for the issuance of a pipeline routing permit. To apply for a partial exemption, a person must comply with the application procedures of part 7852.2000 and submit an application that contains the information identified in parts 7852.2100 to 7852.3000. The commission shall decide whether to grant or deny the partial exemption within 90 days after commission acceptance of the partial exemption application.
Subp. 2. Notice of partial exemption application.
Within 15 days of commission acceptance of an application for partial exemption, the applicant shall:
A. provide published notice, including a description of the proposed project, including size and type, and a map of the proposed pipeline route in each county in which the route is proposed to be located;
B. comply with application distribution requirements of part 7852.2000, subpart 6; and
C. send by certified mail a copy of the partial exemption application and a clear description of the procedures that must be followed for commenting on the partial exemption to the chair or chief executive of any regional development commission, county, incorporated municipality, organized town, and to affected landowners.
Subp. 3. Comments on partial exemption.
A person may file comments with the commission within 30 days after giving notice under subpart 2, item C, stating reasons why the commission should grant or deny the partial exemption.
Subp. 4. Public information meetings.
The commission shall conduct a public information meeting in each county in which the pipeline and associated facilities are proposed to be located. The purpose of the public information meetings is to assist the commission in determining whether to grant or deny the partial exemption.
Subp. 5. Determination of partial exemption.
In deciding whether to grant or deny the partial exemption, the commission shall consider any comments that are filed, the record of the public information meetings, and the information contained in the application relevant to the criteria for partial exemption in part 7852.0700. If the commission grants the partial exemption from the pipeline route selection procedures in parts 7852.0800 to 7852.1900, the commission must state in writing its reasons for supporting the partial exemption and must issue a pipeline routing permit in accordance with part 7852.3200.
Subp. 6. Denial of partial exemption.
When a partial exemption is denied, the applicant must be notified in writing of the reasons for denial. A denial is without prejudice to the applicant's right to an appearance before the commission, filing information after revisions are made to meet objections specified as reasons for the denial, or to request that the commission continue processing its application under full pipeline route selection procedures contained in parts 7852.0800 to 7852.1900 for a pipeline routing permit.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.0700 Criteria for Partial Exemption from Pipeline Route Selection Procedures
Subpart 1. Scope and purpose of criteria.
The scope and purpose of this part is to specify the criteria used by the commission in determining whether to grant a partial exemption from the pipeline route selection procedures. The commission shall make a specific written finding with respect to each of the criteria. Any new easements or right-of-way agreements obtained from potentially affected landowners before issuance of a pipeline routing permit are at the sole risk of the applicant. The fact that the agreements have been obtained shall not be considered by the commission in selecting the route.
Subp. 2. Standard.
In granting a partial exemption from the pipeline route selection procedures, the commission must determine that the proposed pipeline and associated facilities will not have a significant impact on humans or the environment. The commission shall evaluate the impacts that may be reasonably expected to occur from the proposed pipeline and associated facilities.
Subp. 3. Criteria.
In determining whether a proposed pipeline and associated facilities qualify for partial exemption and issuance of a pipeline routing permit, the commission shall consider the impact of the pipeline and associated facilities on the following:
A. human settlement, existence and density of populated areas, existing and planned future land use, and management plans;
B. the natural environment, public and designated lands, including but not limited to natural areas, wildlife habitat, water, and recreational lands;
C. lands of historical, archaeological, and cultural significance;
D. economies within the route, including agricultural, commercial or industrial, forestry, recreational, and mining operations;
E. pipeline cost and accessibility;
F. use of existing rights-of-way and right-of-way sharing or paralleling;
G. natural resources and features;
H. the extent to which human or environmental effects are subject to mitigation by regulatory control and by application of the permit conditions contained in part 7852.3400 for pipeline right-of-way preparation, construction, cleanup, and restoration practices;
I. cumulative potential effect of related or anticipated future pipeline construction; and
J. relevant policies, rules, and regulations of the state and federal agencies and local government land use laws including ordinances adopted under Minnesota Statutes, section 299J.05, relating to the location, design, construction, or operation of the proposed pipeline and associated facilities.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.0800 Application Procedures and Requirements
A person submitting an application for a pipeline routing permit must comply with the application procedures of part 7852.2000 and submit an application that contains the information required in parts 7852.2100 to 7852.3100. Within nine months from commission acceptance of an application for route selection, unless the commission by resolution extends this deadline for cause, the commission shall issue a pipeline routing permit for the proposed pipeline and associated facilities.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.0900 Application Acceptance Notice
Within 20 days of commission acceptance of an application for a pipeline routing permit under part 7852.2000, subpart 4, the commission shall provide published notice of acceptance of the application in a newspaper in each county in which a route is proposed by the applicant.
The notice must include:
A. identification of the applicant;
B. the date of the commission's acceptance of the application;
C. a brief description of the proposed facility including but not limited to size and type;
D. a map showing the routes proposed in that county;
E. the name and function of the public adviser and the address and telephone number where that person can be reached;
F. locations where the pipeline routing permit application is available to the public;
G. procedures for proposing alternate routes; and
H. notice of public information meetings.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.1000 Citizen Advisory Committees Authorized
The commission may establish citizen advisory committees to aid and advise the commission in evaluating routes for pipelines. The commission shall provide guidance to the advisory committee in the form of a charge to the committee and through specific requests to it.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.1100 Citizen Advisory Committee Membership
Citizen advisory committees appointed to evaluate routes considered for designation shall be comprised of as many persons as may be designated by the commission, but at least one representative from each of the following: a regional development commission, the county, a municipal corporation, and a town board from each county in which a route is proposed to be located. No officer, agent, or employee of the applicant shall serve on the citizen's advisory committee.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.1200 Public Adviser
The public adviser shall be available to any person to advise that person how to effectively participate in route selection procedures. The public adviser is not authorized to give legal advice or advice that may affect the legal rights of the person being advised or to act as an advocate.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046
Minn. R. 7852.1300 Public Information Meetings
Subpart 1. Requirements.
The commission shall hold public information meetings as provided in this subpart.
A. After acceptance of an application for pipeline route selection, the commission shall hold at least one public information meeting in each county crossed by the applicant's preferred pipeline route to explain the route designation process and to respond to questions raised by the public.
B. Before public hearings held to consider the routes accepted for consideration by the commission, the commission shall hold a public information meeting in each county through which a route is proposed to explain the route designation process, present major issues, and respond to questions raised by the public.
Subp. 2. Notice of public information meetings.
Published notice of the date, time, and location of public information meetings shall be placed in a newspaper in each county in which a route is proposed at least ten calendar days before the public information meeting.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.1400 Route Proposal Acceptance
Subpart 1. Acceptance for consideration.
The commission shall accept for consideration at the public hearing the routes and route segments proposed by the applicant and may accept for public hearing any other route or route segment it considers appropriate for further consideration. No route shall be considered at the public hearing unless accepted by the commission before notice of the hearing. Routes accepted shall be identified by the commission in accordance with part 7852.1600. A proposer of a route or route segment that the commission has accepted for consideration at the hearing shall make an affirmative presentation of facts on the merits of the route proposal at the public hearing.
Subp. 2. Sources of route proposals.
The Public Utilities Commission staff and the citizen advisory committee may propose routes or route segments directly to the commission. Route proposals made by the citizen advisory committee must be made no later than 70 days after appointment of the citizen advisory committee.
Subp. 3. Requirements for other route sources.
A person other than one listed in subpart 2 may propose a route or a route segment according to items A to C.
A. The proposed pipeline route or route segment must be set out specifically on appropriate maps or aerial photos specified in part 7852.2600, subpart 1.
B. The pipeline route or route segment proposal must contain the data and analysis required in parts 7852.2600, subpart 3, and 7852.2700, unless the information is substantially the same as provided by the applicant.
C. The route proposal must be presented to the commission within 70 days of acceptance by the commission of the applicant's permit application.
Subp. 4. Preparation of route proposal.
Within ten days of receipt of a route proposal from a source described in subpart 3, the commission shall determine if the route proposal contains the information required in subpart 3. If the commission determines that the route proposal contains the required information, the commission shall make a determination of acceptance for hearing. If the commission determines that the proposal does not contain the required information, the commission shall inform the proposer in writing of what additional information is required. Upon receipt of a request for additional information, the proposer has ten days to provide the additional information in writing to the commission. The commission shall determine within five working days whether the amended proposal contains the required information. If the commission then determines that the route proposal does not contain the required information, the route proposer may appeal to the commission at its next regular meeting for consideration of acceptance. If the proposal contains the required information, the commission must consider acceptance of the route proposal for public hearing.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.1500 Alternative Route Analysis
A comparative environmental analysis of all of the pipeline routes accepted for consideration at public hearings shall be prepared by the commission staff or by the applicant and reviewed by the commission staff. This comparative environmental analysis must be submitted as prefiled testimony as required by part 1405.1900.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.1600 Published Notice of Routes Accepted
Prior to public hearings, the commission shall provide published notice of route location in each county in which a route is accepted for consideration at the public hearings according to the requirements of this chapter.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.1700 Public Hearings
The commission shall hold a public hearing for the purposes of collecting and verifying data, and establishing a complete record upon which to base a decision for designation of a route and issuance of a pipeline routing permit. The commission shall follow the hearing procedure prescribed in chapter 1405. The hearing will be conducted by an administrative law judge from the Office of Administrative Hearings.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.1800 Route Selection and Commission Decision
The commission's route selection decision shall be based on the public hearing record and made in accordance with part 7852.1900. The commission shall give the reasons for its decision in written findings of fact.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.1900 Criteria for Pipeline Route Selection
Subpart 1. Scope and purpose of criteria.
The scope and purpose of this part is to specify the criteria used by the commission in determining the route of a pipeline in parts 7852.0800 to 7852.1900. The commission shall make a specific written finding with respect to each of the criteria. Any new easements or right-of-way agreements obtained from potentially affected landowners before issuance of a pipeline routing permit are obtained at the sole risk of the applicant. The fact that the agreements have been obtained shall not be considered by the commission in selecting the route.
Subp. 2. Standard.
In determining the route of a proposed pipeline, the commission shall consider the characteristics, the potential impacts, and methods to minimize or mitigate the potential impacts of all proposed routes so that it may select a route that minimizes human and environmental impact.
Subp. 3. Criteria.
In selecting a route for designation and issuance of a pipeline routing permit, the commission shall consider the impact on the pipeline of the following:
A. human settlement, existence and density of populated areas, existing and planned future land use, and management plans;
B. the natural environment, public and designated lands, including but not limited to natural areas, wildlife habitat, water, and recreational lands;
C. lands of historical, archaeological, and cultural significance;
D. economies within the route, including agricultural, commercial or industrial, forestry, recreational, and mining operations;
E. pipeline cost and accessibility;
F. use of existing rights-of-way and right-of-way sharing or paralleling;
G. natural resources and features;
H. the extent to which human or environmental effects are subject to mitigation by regulatory control and by application of the permit conditions contained in part 7852.3400 for pipeline right-of-way preparation, construction, cleanup, and restoration practices;
I. cumulative potential effects of related or anticipated future pipeline construction; and
J. the relevant applicable policies, rules, and regulations of other state and federal agencies, and local government land use laws including ordinances adopted under Minnesota Statutes, section 299J.05, relating to the location, design, construction, or operation of the proposed pipeline and associated facilities.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.2000 Procedural Requirements
Subpart 1. Application filing.
Each application for a pipeline routing permit must be filed in the format and manner prescribed by this chapter.
Subp. 2. Format.
Applications must be filed on 8-1/2 by 11-inch paper except for drawings, illustrations, maps, and similar materials. The date of preparation and the applicant's name must appear on each document filed with the application.
Subp. 3. Subsequent filings.
Any change or correction made to the application after filing must comply with subparts 2 and 6. In addition, each page of a change or correction to a previously filed page must be marked with the word "REVISED" and with the date the revision was made. The applicant shall send copies of changed or corrected pages to all persons required by subpart 6 and part 7852.0600, subpart 2, item C.
Subp. 4. Application filing and acceptance.
The commission shall accept, conditionally accept, or reject an application at its first regularly scheduled meeting after the application is filed with the commission, provided the application is filed at least 21 days before that meeting. The commission may conditionally accept or reject an application, but in both instances the commission shall inform the applicant which deficiencies, if corrected, will allow the application to be accepted. If an applicant has corrected the deficiencies or provided the commission with the deficient information 14 days in advance of a regularly scheduled commission meeting, the commission must reconsider acceptance of the application at that meeting. If the commission fails to act at the first scheduled meeting after the application is filed, the application is considered accepted. On acceptance or conditional acceptance of the application, the commission and the applicant shall initiate the actions required by part 7852.0600, subpart 2, or 7852.0900, as applicable. After acceptance of an application, the applicant shall provide any additional relevant information the commission considers necessary to process the application.
Subp. 5. Copies.
The unbound original and 40 copies of the application must be filed with the commission.
Subp. 6. Application distribution.
The applicant shall provide copies of the application accepted by the commission to other state agencies who are not commission members, but have regulatory responsibilities for the proposed pipeline. The applicant shall send a copy of the accepted application to the Minnesota Historical Society, to the office of each regional development commission of a development region, soil and water conservation district, watershed district, watershed management district, auditor of each county, and to the clerk of each township and city, crossed by the proposed pipeline. Each county auditor, city clerk, or township clerk shall retain and file the application in a manner making it accessible to the public. The applicant shall also provide one copy of the application to any person upon written request made on or before the tenth day after the first day of the public hearing held in accordance with part 7852.1700. The applicant shall maintain a list of the persons to whom copies are sent.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.2100 General Information
Subpart 1. Cover letter.
Each application must be accompanied by a cover letter signed by an authorized representative or agent of the applicant. The cover letter must specify the type, size, and general characteristics of the pipeline for which an application is submitted.
Subp. 2. Title page and table of contents.
Each application must contain a title page and a complete table of contents.
Subp. 3. Statement of ownership.
Each application must include a statement of proposed ownership of the pipeline as of the day of filing and an affidavit authorizing the applicant to act on behalf of those planning to participate in the pipeline project.
Subp. 4. Background information.
Each application must contain the following information:
A. the applicant's complete name, address, and telephone number;
B. the complete name, title, address, and telephone number of the authorized representative or agent to be contacted concerning the applicant's filing;
C. the signatures and titles of persons authorized to sign the application, and the signature of the preparer of the application if prepared by an outside representative or agent; and
D. a brief description of the proposed project which includes:
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046
Minn. R. 7852.2200 Proposed Pipeline and Associated Facilities Description
Subpart 1. Pipeline design specifications.
The specifications for pipeline design and construction are assumed to be in compliance with all applicable state and federal rules or regulations unless determined otherwise by the state or federal agency having jurisdiction over the enforcement of such rules or regulations. For public information purposes, the anticipated pipeline design specifications must include but are not limited to:
A. pipe size (outside diameter) in inches;
B. pipe type;
C. nominal wall thickness in inches;
D. pipe design factor;
E. longitudinal or seam joint factor;
F. class location and requirements, where applicable;
G. specified minimum yield strength in pounds per square inch; and
H. tensile strength in pounds per square inch.
Subp. 2. Operating pressure.
Operating pressure must include:
A. operating pressure (psig); and
B. maximum allowable operating pressure (psig).
Subp. 3. Description of associated facilities.
For public information purposes, the applicant shall provide a general description of all pertinent associated facilities on the right-of-way.
Subp. 4. Product capacity information.
The applicant shall provide information on planned minimum and maximum design capacity or throughput in the appropriate unit of measure for the types of products shipped as defined in part 7852.0100.
Subp. 5. Product description.
The applicant shall provide a complete listing of products the pipeline is intended to ship and a list of products the pipeline is designed to transport, if different from those intended for shipping.
Subp. 6. Material safety data sheet.
For each type of product that will be shipped through the pipeline, the applicant shall provide for public information purposes the material identification, ingredients, physical data, fire and explosive data, reactivity data, occupational exposure limits, health information, emergency and first aid procedures, transportation requirements, and other known regulatory controls.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046
Minn. R. 7852.2300 Land Requirements
For the proposed pipeline, the applicant shall provide the following information:
A. permanent right-of-way length, average width, and estimated acreage;
B. temporary right-of-way (workspace) length, estimated width, and estimated acreage;
C. estimated range of minimum trench or ditch dimensions including bottom width, top width, depth, and cubic yards of dirt excavated;
D. minimum depth of cover for state and federal requirements; and
E. rights-of-way sharing or paralleling: type of facility in the right-of-way, and the estimated length, width, and acreage of the right-of-way.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046
Minn. R. 7852.2400 Project Expansion
If the pipeline and associated facilities are designed for expansion in the future, the applicant shall provide a description of how the proposed pipeline and associated facilities may be expanded by looping, by additional compressor and pump stations, or by other available methods.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046
Minn. R. 7852.2500 Right-of-Way Preparation Procedures and Construction Activity Sequence
Each applicant shall provide a description of the general right-of-way preparation procedures and construction activity sequence anticipated for the proposed pipeline and associated facilities.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046
Minn. R. 7852.2600 Preferred Route Location; Environment Description
Subpart 1. Preferred route location.
The applicant must identify the preferred route for the proposed pipeline and associated facilities, on any of the following documents which must be submitted with the application:
A. United States Geological Survey topographical maps to the scale of 1:24,000, if available;
B. Minnesota Department of Transportation county highway maps; or
C. aerial photos or other appropriate maps of equal or greater detail in items A and B. The maps or photos may be reduced for inclusion in the application. One full-sized set shall be provided to the commission.
Subp. 2. Other route locations.
All other route alternatives considered by the applicant must be identified on a separate map or aerial photos or set of maps and photos or identified in correspondence or other documents evidencing consideration of the route by the applicant.
Subp. 3. Description of environment.
The applicant must provide a description of the existing environment along the preferred route.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.2700 Environmental Impact of Preferred Route
The applicant must also submit to the commission along with the application an analysis of the potential human and environmental impacts that may be expected from pipeline right-of-way preparation and construction practices and operation and maintenance procedures. These impacts include but are not limited to the impacts for which criteria are specified in part 7852.0700 or 7852.1900.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.2800 Right-of-Way Protection and Restoration Measures
Subpart 1. Protection.
The applicant must describe what measures will be taken to protect the right-of-way or mitigate the adverse impacts of right-of-way preparation, pipeline construction, and operation and maintenance on the human and natural environment.
Subp. 2. Restoration.
The applicant must describe what measures will be taken to restore the right-of-way and other areas adversely affected by construction of the pipeline.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046
Minn. R. 7852.2900 Operation and Maintenance
Pipeline operations and maintenance are assumed to be in compliance with all applicable state and federal rules or regulations, unless determined otherwise by the state or federal agency having jurisdiction over the enforcement of such rules or regulations. For public information purposes, the applicant must provide a general description of the anticipated operation and maintenance practices planned for the proposed pipeline.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046
Minn. R. 7852.3000 List of Government Agencies and Permits
Each application must contain a list of all the known federal, state, and local agencies or authorities and titles of the permits they issue that are required for the proposed pipeline and associated facilities.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046
Minn. R. 7852.3100 Evidence of Consideration of Alternative Routes
If the applicant is applying for a pipeline routing permit under parts 7852.0800 to 7852.1900, the applicant shall provide a summary discussion of the environmental impact of pipeline construction along the alternative routes consistent with the requirements of parts 7852.2600 to 7852.2700 and the rationale for rejection of the routing alternatives.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046
Minn. R. 7852.3200 Permit Issuance, Distribution, and Eminent Domain
Subpart 1. Permit issuance.
When the commission issues a pipeline routing permit for the construction of a pipeline and associated facilities, the commission shall designate a route for the pipeline type and maximum size specified in the application, conditions for right-of-way preparation, construction, cleanup, and restoration contained in part 7852.3600, and any other appropriate conditions relevant to minimizing environmental and human impact. The commission's decision shall be made in accordance with part 7852.0700 or 7852.1900.
Subp. 2. Permit distribution.
The permittee shall, within ten days of receipt of the pipeline routing permit from the commission, send a copy of the permit to the office of each regional development commission of a development region, soil and water conservation district, watershed district, watershed management district, office of the auditor of each county, and to the clerk of each city and township, crossed by the designated route. The permittee shall provide a copy of the pipeline routing permit to affected landowners before construction on the affected landowners' property.
Subp. 3. Eminent domain.
After an applicant is issued a pipeline routing permit as provided in Minnesota Statutes, section 216G.02, and parts 7852.0100 to 7852.4100, the permittee may exercise the power of eminent domain as provided by Minnesota Statutes, section 117.48. In addition, when a pipeline routing permit has been issued, the requirements of Minnesota Statutes, sections 117.49 and 216G.03, do not apply.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19; L 2006 c 214 s 20
Minn. R. 7852.3300 Delay in Route Construction
When the commission issues a pipeline routing permit, the permittee may begin construction or improvement of the route in accordance with the conditions of the permit and this chapter. However, if construction and improvement have not begun within four years after the pipeline routing permit has been issued by the commission, the commission shall suspend the permit. If at that time, or at a later time after suspension, the permittee decides to construct the proposed pipeline, it shall certify to the commission that there have been no significant changes in any material aspects of the conditions or circumstances existing when the permit was issued. If the commission determines that there are no significant changes, it shall reinstate the permit. If the commission determines that there is a significant change, it may order public information meetings or a new hearing and consider the matter further, or it may require the permittee to submit a new application.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.3400 Permit Amendments
Following issuance of a pipeline routing permit, the permittee may apply to the commission for amendments on route location and conditions specified in the permit. The permittee shall submit an application for amendment that contains sufficient information for the commission to determine the following:
A. whether, in light of the criteria in parts 7852.0700 and 7852.1900, the requested changes are significant enough to warrant commission study and approval;
B. whether to order public information meetings near the affected area; and
C. whether additional fees shall be assessed. The commission shall make the determinations in items A to C within 45 days of receipt of the application. If the commission cannot make the determinations in items A to C in 45 days and decides to study the application further, the commission shall make the determinations in items A to C within 70 days. The commission shall grant or deny the permittee's application for permit amendment, as appropriate.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.3500 Right-of-Way Plan and Profile Construction Specifications Review
Following issuance of a pipeline routing permit, a permittee shall provide the commission with a plan and profile of the right-of-way and the specifications and drawings for right-of-way preparation, construction, and restoration at least 14 days before right-of-way preparation of that segment of the pipeline. The commission may shorten this time limit if it can be shown that earlier construction will not preclude proper review. If the permittee makes any significant change in its plan and profile and the specifications and drawings for right-of-way preparation, construction, and restoration, it shall notify the commission in writing of the changes.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.3600 Permit Conditions for Right-of-Way Preparation, Construction, Cleanup, and Restoration
The following conditions apply to pipeline right-of-way preparation, construction, cleanup, and restoration.
A. The permittee shall comply with applicable state rules and regulations.
B. The permittee shall clear the right-of-way only to the extent necessary to assure suitable access for construction, safe operation, and maintenance of the pipeline.
C. Stream banks disturbed by pipeline construction must be stabilized with vegetation by the permittee using native plant species indigenous to the area or by other methods required by applicable state or federal permits or laws.
D. Precautions shall be taken by the permittee to protect and segregate topsoil in cultivated lands unless otherwise negotiated with the affected landowner.
E. Compaction of cultivated lands by the permittee must be kept to a minimum and confined to as small an area as practicable.
F. Precautions to protect livestock and crops must be taken by the permittee unless otherwise negotiated with the affected landowner.
G. All appropriate precautions to protect against pollution of the environment must be taken by the permittee.
H. All waste and scrap that is the product of the pipeline construction process must be removed or properly disposed of before construction ends.
I. Cleanup of personal litter, bottles, and paper deposited by right-of-way preparation and construction crews must be done on a daily basis.
J. The permittee shall repair or replace all drainage tiles broken or damaged during right-of-way preparation, construction, and maintenance activities, unless otherwise negotiated with the affected landowner.
K. The permittee shall repair private roads and lanes damaged when moving equipment or when obtaining access to the right-of-way, unless otherwise negotiated with the affected landowner.
L. The permittee shall replace or repair all fences and gates removed or damaged as a result of right-of-way preparation, construction, and restoration activities, unless otherwise negotiated with the affected landowner.
M. Shelterbelts and trees must be protected by the permittee to the extent possible in a manner compatible with the safe operation, maintenance, and inspection of the pipeline.
N. The permittee shall, to the extent possible, restore the area affected by the pipeline to the natural conditions that existed immediately before construction of the pipeline. Restoration must be compatible with the safe operation, maintenance, and inspection of the pipeline.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046
Minn. R. 7852.3700 Reporting Complaints
The permittee must report to the commission any substantial complaint received concerning part 7852.3600 that is not resolved within 30 days of the complaint.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.3800 Permit Modification or Suspension
Subpart 1. Initiation of action.
The commission shall, upon a prima facie showing by affidavit or other documentation that a violation of the terms and conditions of a pipeline routing permit or parts 7852.0100 to 7852.4100 may have occurred or is likely to occur, notify the permittee in writing of the allegations. The commission shall then place the matter on the agenda of the next regular or special meeting of the commission, in accordance with part 4405.0600, for consideration of an action to modify or suspend the pipeline routing permit. The permittee must be given at least ten but no more than 30 days from receipt of the notice to prepare a response to the alleged violation for presentation at the commission meeting. However, the commission may determine that circumstances exist requiring immediate commission action or the permittee may request or agree that the commission meeting be held less than ten days after notification.
Subp. 2. Commission action.
The commission may decline to act upon any complaint that is a dispute between a landowner or other injured party and the permittee, and for which the party has initiated or may initiate arbitration or court action for redress of the claim. Nothing in parts 7852.0100 to 7852.4100 is intended to expand the right of any party claiming damage or injury as a result of pipeline construction nor do parts 7852.0100 to 7852.4100 expand the liabilities at law of any permittee, contractor, or other person for injury or damage resulting from pipeline construction. The commission shall make a determination as to whether action to suspend or modify a permit is appropriate based on parts 7852.3200, subpart 1, and 7852.3600.
If the commission determines that substantial evidence supports a finding that a violation of the terms or conditions of a pipeline routing permit has occurred or is likely to occur, it may take action to modify or suspend the permit. The commission may, at any time, consider suspension of that action to modify or suspend the permit if the permittee has undertaken effective corrective or ameliorative measures to correct the violations.
Subp. 3. Scope of suspension.
If the commission decides to suspend a pipeline routing permit, the suspension must be limited to the following:
A. the route segment that includes the right-of-way preparation, pipeline construction, or restoration activities giving rise to the violation of the permit;
B. requiring corrective or ameliorative measures necessary for the pipeline to comply with the pipeline routing permit; and
C. the time period necessary for the permittee to complete the required corrective or ameliorative measures.
Subp. 4. Scope of modification.
If the commission decides to modify the pipeline routing permit, the permit modifications must be in accordance with part 7852.3600 and be limited to:
A. the imposition of permit conditions that provide reasonable necessary additional mitigation or minimization of significant impacts on humans or the environment; or
B. the amendment of permit conditions regarding right-of-way preparations and pipeline construction activities.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.3900 Pipeline Construction Completion Certification
Permittees shall file with the commission a written certification that the permitted pipeline construction has been completed in compliance with all permit conditions. The certification shall be considered by the commission within 60 days of its filing. The commission shall accept or reject the certification of completion and make a final determination regarding cost or reimbursements due. If the commission rejects the certification, it shall inform the permittee in writing which deficiencies, if corrected, will allow the certification to be accepted. When corrections to the deficiencies are completed, the permittee shall notify the commission, and the commission shall reconsider the certification at its next regularly scheduled meeting, provided the notification is received at least 20 days before the meeting. After acceptance of the certification by the commission, the commission's jurisdiction over the permittee's pipeline routing permit shall be terminated.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.4000 Application Fees
Subpart 1. Requirement.
Every applicant under Minnesota Statutes, section 216G.02, shall pay to the commission an application fee.
Subp. 2. Purpose of application fee.
The purpose of an application fee is to cover actual costs necessarily and reasonably incurred in processing an application for a conditional exclusion, partial exemption, pipeline route selection, or emergency, permit compliance activities, administrative overhead, and legal expenses. Actual costs associated with an emergency shall be determined and paid after the commission has taken action and the emergency has passed.
Subp. 3. Method of fee approval and payment.
For applications filed under Minnesota Statutes, section 216G.02, the estimated commission project budget must be discussed with the applicant and be approved by the commission when an application is accepted. The applicant must remit 25 percent of the approved commission project budget within 14 days of acceptance of the application. The unpaid balance shall be billed in periodic installments, due upon receipt of an invoice from the commission. Expenses in excess of the approved budget must be certified by the commission and upon certification constitute prima facie evidence that the expenses are reasonable and necessary and shall be charged to the applicant. The applicant may review all actual costs associated with processing an application and present objections to the commission. The application fees paid by the applicant under this part shall not exceed the sum of the costs incurred to process the application, construction permit compliance activities, administrative overhead, and legal expenses. All application fees received by the commission must be paid to a special revenue fund.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Minn. R. 7852.4100 General Responsibilities
The commission shall monitor the effectiveness of this chapter and shall take appropriate measures to modify and improve the effectiveness of this chapter. The commission shall assist governmental units and interested persons in understanding the rules.
History
- Statutory Authority: MS s 116I.015; 216G.02
- History: 13 SR 2046; L 2005 c 97 art 3 s 19
Chapter 7853 CERTIFICATE OF NEED; PETROLEUM FACILITY
Minn. R. 7853.0010 Definitions
Subpart 1. Scope.
For purposes of this chapter, the following definitions shall apply.
Subp. 2. Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subp. 3. Applicant.
"Applicant" means the person or persons submitting a certificate of need application.
Subp. 4. Application.
"Application" means a document submitted by a person or persons to the commission for the purpose of obtaining a certificate of need, the contents of which are described in this chapter.
Subp. 5. Barrel.
"Barrel" means that quantity of liquid that is equal to 42 gallons.
Subp. 6. Btu.
"Btu" means British thermal unit, a common unit of energy measurement that is used in this chapter for comparative purposes.
Subp. 7. Construction.
"Construction" means significant physical alteration of a site to install or enlarge a large energy facility, but not including activities incident to preliminary engineering or environmental studies.
Subp. 8. Demand.
"Demand" means that quantity of a petroleum product from the applicant's facilities for which there are willing and able purchasers, or the burden placed upon the applicant's interim storage facilities and production processes resulting therefrom.
Subp. 9. Forecast.
"Forecast" means a prediction of future demand for some specified time period.
Subp. 10. Forecast years.
"Forecast years" means the 16-year period consisting of the year in which an application is filed plus the next 15 years.
Subp. 11. Joint application.
"Joint application" means an application submitted to the commission by two or more persons.
Subp. 12. Large LPG storage facility.
"Large LPG storage facility" means a facility on a single site designed for or capable of storing more than 100,000 gallons of liquefied petroleum gas (LPG).
Subp. 13.
[Repealed, 26 SR 1438]
Subp. 14. Large petroleum pipeline.
"Large petroleum pipeline" means a pipeline greater than six inches in diameter and having more than 50 miles of its length in Minnesota used for the transportation of crude petroleum or petroleum fuels or oil or their derivatives, or a pipeline for transporting synthetic gas at pressures in excess of 200 pounds per square inch with more than 50 miles of its length in Minnesota.
Subp. 15. Liquefied petroleum gas; LPG.
"Liquefied petroleum gas" or "LPG" means synthetic gas, consisting mostly of hydrocarbons, stored or transported as a liquid.
Subp. 16. Mbpd-mile.
"Mbpd-mile" means a descriptive unit used as a measure of the size of a pipeline, the quantity of which is determined by multiplying:
A. either the length in miles of the new (section of) pipeline in Minnesota, or 50 if the capacity expansion is achieved by adding power; and
B. the new or additional design capacity in thousand barrels per day (Mbpd), at a viscosity of 100 SSU/60 degrees Fahrenheit and a specific gravity of .88/60 degrees Fahrenheit. If the pipeline capacity would be expanded by a combination of looping and adding power, the Mbpd-mile corresponding to each method of expansion shall be calculated and the sum of the two shall be the size of the pipeline.
Subp. 17. Oil refinery.
"Oil refinery" means any facility on a single site that processes crude or synthetic crude oil for the purpose of separating it into marketable products.
Subp. 18. Peak day.
"Peak day" means that day during a calendar year when the throughput is the greatest.
Subp. 19. Peak demand.
"Peak demand" means the highest demand for a petroleum product occurring within a designated period of time.
Subp. 20. Person.
"Person" means an individual, partnership, corporation, joint stock company, unincorporated association or society, municipal corporation, or a government or governmental subdivision, unit, or agency other than a court of law.
Subp. 21. Petroleum supplier.
"Petroleum supplier" means a petroleum refinery in the state and any entity engaged in transmission or wholesale distribution of more than 100,000 gallons of crude petroleum or petroleum fuels or oil or their derivatives or LPG annually in this state.
Subp. 22. Substantially complete application.
"Substantially complete application" means an application that is deemed by the commission to be in substantial compliance with the informational requirements of this chapter.
Subp. 23. Synthetic gas.
"Synthetic gas" means flammable gas created from gaseous liquid, or solid hydrocarbons, or other organic or inorganic matter. Synthetic gas shall include ethane, propane, butane, or their mixtures, whether extracted from gas streams lifted from oil and gas wells or produced at refineries or fuel conversion plants. It shall also include hydrogen or methane produced at conversion plants.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 26 SR 1438
Minn. R. 7853.0020 Purpose of Rules
The purpose of this chapter is to specify the contents of applications for certificates of need and to specify criteria for assessment of need for large oil and LPG storage facilities, large petroleum pipelines, and oil refineries for petroleum suppliers pursuant to Minnesota Statutes, section 216B.243.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0030 Scope of Rules
Each petroleum supplier applying for a certificate of need for one of the following types of large energy facilities shall provide all information required by this chapter:
A. a new large LPG storage facility;
B. a new large petroleum pipeline facility;
C. any project that, within a period of one year, would expand the LPG storage capacity of an existing LPG storage facility in excess of either 20 percent of capacity of 100,000 gallons, whichever is greater; and
D. any project that, within a period of two years, would expand an existing large petroleum pipeline in excess of either 20 percent of its rated capacity or 10,000 barrels per day, whichever is greater. Exception: any person who as of the effective date of this chapter has begun or has completed construction of a large energy facility is not subject to this chapter for that facility.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 26 SR 1438
Minn. R. 7853.0100 Purpose of Criteria
The criteria for assessment of need will be used by the commission in the determination of the need for a proposed large energy facility pursuant to Minnesota Statutes, sections 216B.2421 and 216B.243. The factors listed under each of the criteria set forth in part 7853.0130 shall be evaluated to the extent that the commission deems them applicable and pertinent to each facility proposed pursuant to this chapter. The commission shall make a specific written finding with respect to each of the criteria.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; L 1987 c 312 art 1 s 10 subd 1
Minn. R. 7853.0120 Consideration of Alternatives
The commission shall consider only those alternatives proposed before the close of the public hearing and for which there exists substantial evidence on the record with respect to each of the criteria listed in part 7853.0130.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0130 Criteria
A certificate of need shall be granted to the applicant if it is determined that:
A. the probable result of denial would adversely affect the future adequacy, reliability, or efficiency of energy supply to the applicant, to the applicant's customers, or to the people of Minnesota and neighboring states, considering:
B. a more reasonable and prudent alternative to the proposed facility has not been demonstrated by a preponderance of the evidence on the record by parties or persons other than the applicant, considering:
C. the consequences to society of granting the certificate of need are more favorable than the consequences of denying the certificate, considering:
D. it has not been demonstrated on the record that the design, construction, or operation of the proposed facility will fail to comply with those relevant policies, rules, and regulations of other state and federal agencies and local governments.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0200 Application Procedures and Timing
Subpart 1. Form and manner.
Each applicant for a certificate of need shall apply in a form and manner prescribed by the commission.
Subp. 2. Copies, title, table of contents.
A minimum of seven bound copies and one unbound copy of the application shall be filed with the commission. The commission may require additional copies, not to exceed 50 copies total. All documents, forms, and schedules filed with the application shall be typed on 8-1/2 inch by 11 inch paper, except for blueprints, engineering drawings, maps, and similar materials. Each application shall contain a title page and a complete table of contents, which includes references to the applicable rules by the titles and numbers given in this chapter. The date of preparation and the applicant's name shall appear on the title page of the application, as well as on each document filed with the application.
Subp. 3. Changes in application.
Subsequent to the filing of an application, any changes or corrections to the application shall comply with item B as to the number of copies and size of documents. In addition, each page of a change or correction to a previously filed page shall be marked with the word "REVISED" and with the date the revision was made. The original copy of the changes or corrections shall be filed with the administrative law judge, and the remaining copies shall be submitted to the commission.
Subp. 4. Cover letter.
Each application for a certificate of need shall be accompanied by a cover letter signed by an authorized officer or agent of the applicant. The cover letter shall specify the type of facility for which a certificate of need is requested and the number of copies of the application filed.
Subp. 5. Hearing.
An administrative law judge shall be assigned, and a public hearing shall be scheduled to commence, no later than 80 days after the receipt of the application, in accordance with the rules of procedure governing certificate of need filing, part 7829.2500, and the Office of Administrative Hearings' rules of contested case procedures, chapter 1400.
Subp. 6. Decision.
A decision on an application for a certificate of need shall be made by the commission no later than six months from the receipt of the application, provided that the application as filed is substantially complete. Upon an affirmative showing by the applicant that an urgent need exists for an early decision on the application, the application may be given priority consideration over other applications, except for other priority applications previously filed.
Subp. 7. Incomplete applications.
The commission shall notify the applicant within 15 days of the receipt of an application if the application is not substantially complete. Upon such notification, the applicant may correct the deficiency and may resubmit the application. A decision shall be made upon the revised application within six months of the date of resubmission, assuming it is substantially complete.
Subp. 8. Exemptions.
Prior to the submission of an application, a person shall be exempted from any data requirement of this chapter upon a written request to the commission for exemption from specified rules and a showing by that person in the request that the data requirement is unnecessary to determine the need for the proposed facility, or may be satisfied by submission of another document. A request for exemption must be filed at least 20 days prior to submission of an application. The commission shall respond in writing to each such request within 15 days of receipt including reasons for its decision. The commission shall file a statement of exemptions granted and reasons therefor prior to commencement of the hearing.
Subp. 9. Denial.
When an application for a certificate of need is denied, the commission shall state the reasons for the denial.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; L 1984 c 640 s 32; 17 SR 1279; 26 SR 1438
Minn. R. 7853.0210 Filing Fees and Payment Schedule
Subpart 1. Fees.
The fee for processing an application shall be:
A. $2,000 plus $10 per 100,000 gallons of design storage capacity for a large LPG storage facility; or
B. $5,000 plus $1 for each mbpd-mile for a large petroleum pipeline; plus such additional fees as are reasonably necessary for completion of the evaluation of need for the proposed facility. In no event shall the total fee required of any applicant exceed $50,000.
Subp. 2. Schedule.
Fifty percent of the fee set according to subpart 1 shall accompany the application, and the balance shall be paid 90 days after submission of the application. The applicant shall be notified when any additional fees are due and shall pay them within 30 days of notification. The billing for such additional fees shall be accompanied by an itemized statement.
Subp. 3. Payment required.
No certificate of need shall be issued unless all fees are paid in full.
History
- Statutory Authority: MS s 16A.1283; 216B.08; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 26 SR 1438
Minn. R. 7853.0220 Contents of Application
Subpart 1. Information required.
Each application for a certificate of need shall provide all information required by parts 7853.0230 to 7853.0260, plus additional information for specific types of facilities as indicated in subpart 4.
Subp. 2. Joint application.
If the proposed application for a certificate of need is jointly submitted by two or more persons, then each such person, when specified in this chapter, shall submit the information required by this chapter.
Subp. 3. Multiparty ownership and use.
Each application for a certificate of need for a facility that is owned and used by two or more persons shall be considered as a joint application for purposes of this chapter.
Subp. 4. Additional information.
Additional information shall be provided for specific types of facilities as indicated:
A. large LPG storage facility: refer to part 7853.0300; and
B. large petroleum pipeline facility: refer to part 7853.0500.
History
- Statutory Authority: MS s 216B.08; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 26 SR 1438
Minn. R. 7853.0230 General Information Section
Subpart 1. Content of section.
Each application shall contain a general information section that shall include the following information:
A. the applicant's complete name, address, telephone number, and standard industrial classification codes;
B. the complete name, title, address, and telephone number of the official or agent to be contacted concerning the applicant's filing;
C. a brief description of the nature of the applicant's business and of the products that are manufactured, produced, or processed, or of the services rendered;
D. a brief description of the proposed facility, its complete address (if known) or general location, a brief description of its planned use, its estimated cost, its planned in service date, and its design capacity in gallons (LPG storage) or its maximum design throughput in barrels per day and its size in Mbpd-miles (petroleum pipeline);
E. the total fee for the application as prescribed by part 7853.0210, and the amount of the fee submitted with the application; and
F. the signatures and titles of the applicant's officers or executives authorized to sign the application, and the signature of the preparer of the application if prepared by an outside agent.
Subp. 2. List of government authorities.
Each application shall contain a schedule in the general information section, which shall list all known federal, state, and local agencies or authorities with which the applicant must file for the proposed facility. The following information shall be included on the schedule:
A. the names of all known federal, state, or local agencies or authorities with which the applicant must file;
B. the title of each required permit or certificate issued by the authorities named in response to item A and needed by the applicant;
C. for each permit or certificate listed in response to item B, the date an application was filed or the projected date of future application;
D. for each permit or certificate listed in response to item B, the actual date a decision was made on the application, or the anticipated decision date; and
E. for each permit or certificate listed in response to item B for which an application was filed, the disposition or status of the permit or certificate.
History
- Statutory Authority: MS s 216B.08; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 26 SR 1438
Minn. R. 7853.0240 Need Summary
Each application shall contain a section that summarizes the major factors that justify the need for the proposed facility. The summary shall not exceed, without the approval of the commission, 15 pages in length, including text, tables, schedules, graphs, and figures.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0250 Summary of Additional Considerations
Each application shall contain a section that discusses the socioeconomic considerations listed below. The applicant shall explain the relationship of the proposed facility to each of the following:
A. socially beneficial uses of the output of the facility, including its uses to protect or enhance environmental quality;
B. promotional activities that may have given rise to the demand for the facility; and
C. the effects of the facility in inducing future development.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0260 Conservation Programs
Each application shall contain a section that relates to the conservation of energy. Separate responses are required from each person submitting a joint application.
A. Does the applicant have an energy committee or an individual responsible for determination or coordination of its energy needs?
B. Has the applicant defined energy or conservation goals or objectives?
C. What major energy efficiency or conservation programs has the applicant considered?
D. What major accomplishments in energy efficiency or conservation have been made by the applicant within the past five years?
E. What major energy efficiency or conservation programs will be implemented within the next five years?
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0270 Other Data Filed with Application
In addition to the information required by the commission, the applicant may desire to file other data. If, in the opinion of the applicant, additional relevant data should be submitted for consideration, such data should be filed in a separate section of the application.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0300 Large Lpg Storage Facility
In addition to the data required by parts 7853.0230 to 7853.0260, each applicant for a large LPG storage facility shall provide the information required by parts 7853.0310 to 7853.0450, and optionally, part 7853.0270.
In a joint application, separate responses are required from each person for information required under parts 7853.0310, 7853.0320, and 7853.0340.
History
- Statutory Authority: MS s 216B.08; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 26 SR 1438
Minn. R. 7853.0310 Historical Energy Data
Each applicant for a large LPG storage facility shall provide the following information:
A. the end of year total storage capacity at the site where the proposed facility will be located for each of the five years preceding the year of application;
B. identification of the specific facilities in item A that are normally used to store the type of petroleum products that would be stored in the proposed facility; and
C. for the site where the proposed facility would be located, a list of the annual throughput in gallons for the five most recent calendar years for the type of petroleum products that would be stored in the proposed facility.
History
- Statutory Authority: MS s 216B.08; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 26 SR 1438
Minn. R. 7853.0320 Forecast Data
Each applicant for a large LPG storage facility shall provide answers to the questions below, unless previously submitted to the agency pursuant to chapter 7610, in which case a copy of such submission may be incorporated into the application to satisfy the requirements of this rule.
A. What are the applicant's projected storage capacity requirements, during the next five years, for the type of petroleum products that would be stored in the proposed facility?
B. What impact, if any, would the proposed facility have upon the applicant's ability to manage its inventory and supply its customers during the next five years, compared to its current situation?
C. What impact, if any, would the proposed facility have upon the applicant's annual throughput or its ability to maintain current throughput levels during the next five years?
D. What specific assumptions are made by the applicant for the next five years concerning supply of the types of petroleum products that would be stored in the proposed facility?
History
- Statutory Authority: MS s 216B.08; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 26 SR 1438
Minn. R. 7853.0330 Description of Proposed Facility
Each application for a large LPG storage facility must include the following information:
A. the purpose and planned use of the proposed storage facility, including its relationship to the facility that requires it;
B. a description of the proposed storage facility, including:
C. the complete name and address of the engineer, if known, or (if designed by an outside agent) the firm, which designed the proposed storage facility;
D. the complete name and address, if known, of the contractor or firm that would construct the storage facility; and
E. the approximate planned date for starting construction and the approximate planned in-service date.
History
- Statutory Authority: MS s 216B.08; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 26 SR 1438
Minn. R. 7853.0340 Alternatives
Each applicant for a large LPG storage facility shall respond to the following questions.
A. Are there any known restrictions or limitations on the availability of alternatives to the applicant's proposed storage facility?
B. Specifically, what other alternatives were examined? For each alternative examined provide the following information:
History
- Statutory Authority: MS s 216B.08; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 26 SR 1438
Minn. R. 7853.0400 Information Required
When a certificate of need application is submitted for a large LPG storage facility on an existing LPG storage site, which site already has storage capacity of at least 100,000 gallons, a copy of an environmental assessment worksheet (EAW) may be submitted in lieu of specific answers to the requirements in parts 7853.0420 to 7853.0450. If permits for construction of the facility are required by other state agencies, a copy of each permit application, or the informational equivalent, shall also be submitted.
In all other cases, the applicant for a certificate of need for a large LPG storage facility shall provide environmental information for the proposed facility and for each alternative facility discussed in response to part 7853.0340. The applicant shall provide the information in the format given in parts 7853.0420 to 7853.0450 to the extent that the data is applicable and reasonably available.
History
- Statutory Authority: MS s 216B.08; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 26 SR 1438
Minn. R. 7853.0410 Waiver and Exemption
The director may, upon a showing by the applicant, exempt the applicant from any or all of the requirements of parts 7853.0400 to 7853.0450. Such a showing shall conform to part 7853.0200, subpart 8, with respect to timing and content.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0420 Location
Subpart 1. Land description.
If the specific location for the proposed (or alternative) facility is known, provide the county, township, range, and sections of that site. If a specific location has not been chosen, provide the county, township, range, and sections for each parcel of land that, in the opinion of the applicant, could serve as the site for the facility.
Subp. 2. Description of environment.
For each site identified in response to subpart 1, list:
A. the nature of the terrain at the site;
B. the general soil type at the site;
C. depth of groundwater at the site;
D. the types of vegetation (including forest, brush, marsh, pasture, and cropland) on the site;
E. the predominant types of land use (such as residential, forest, agricultural, commercial, and industrial) within one mile of the site;
F. trunk highways, railroads, and airports within one mile of the site;
G. lakes, streams, wetlands, or drainage ditches within one mile of the site, and any other lakes, streams, wetlands, drainage ditches, wells, or storm drains into which liquid contaminants could flow;
H. national natural landmarks, national wilderness areas, national wildlife refuges, national wild and scenic rivers, national parks, national forests, national trails, and national waterfowl production areas within one mile of the site, as mapped on the inventory of significant resources by the State Planning Agency;
I. state critical areas, state wildlife management areas, state scientific and natural areas, state wild, scenic, and recreational rivers, state parks, state scenic wayside parks, state recreational areas, state forests, state trails, state canoe and boating rivers, state zoo, designated trout streams, and designated trout lakes within one mile of the site, as mapped on the inventory of significant resources by the State Planning Agency; and
J. national historic sites and landmarks, national monuments, national register historic districts, registered state historic or archaeological sites, state historical districts, sites listed on the National Register of Historic Places, and any other cultural resources within one mile of the site, as indicated by the Minnesota Historical Society.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0430 Wastewater, Projected Air Emissions, and Noise Sources
Subpart 1. Point discharges to water.
"Point discharges to water" indicate the location, route, and final receiving waters for any discharge points. For each discharge point indicate the source, the amount, and the nature of the discharge (provide quantitative data if possible).
Subp. 2. Area runoff.
"Area runoff" indicates the area from which runoff may occur, potential sources of contamination in the area, and receiving waters for any runoff.
Subp. 3. Point sources of airborne emissions.
"Point sources of airborne emissions" estimate the quantity of gaseous and particulate emissions that would occur during full operation from each emission source, and indicate the location and nature of the release point.
Subp. 4. Noise.
"Noise" indicates the maximum noise levels (in decibels, A scale) expected at the property boundary. Also indicate the expected maximum increase over ambient noise levels.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0440 Pollution Control and Safeguards Equipment
Subpart 1. Air pollution controls.
Indicate types of emission control devices and measures that would be used.
Subp. 2. Water pollution controls.
Indicate types of water pollution control equipment and runoff control measures that would be used to comply with applicable state and federal rules, regulations, and statutes.
Subp. 3. Leak, fire, and explosion safeguards.
Describe measures that would be taken to prevent leaks, fires, and explosions or to minimize the environmental impact of a leak, a fire, or an explosion.
Subp. 4. Other safeguards and controls.
Indicate any other equipment or measures, including erosion control, that would be used to reduce impact of the facility. Indicate the types of environmental monitoring, if any, that are planned for the facility and describe relevant environmental monitoring data already collected.
History
- Statutory Authority: MS s 216B.08; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 26 SR 1438
Minn. R. 7853.0450 Induced Developments
Subpart 1. Vehicular traffic.
Estimate the amounts and types of vehicular traffic that would be generated by the facility due to construction activity and, later, operational needs.
Subp. 2. Water use.
Indicate the amount of water that would be appropriated and the amount which would be consumed by the facility, the expected source of the water, and how the water would be used.
Subp. 3. Agriculture.
Estimate the amount of agricultural land, including pasture land, that would be removed from agricultural use if the facility were constructed. Indicate known circumstances with regard to the facility that could lead to reduced productivity of surrounding agricultural land.
Subp. 4. Relocation of persons.
Estimate the number of people that would have to relocate if the facility were constructed.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0500 Large Petroleum Pipeline Facility
In addition to the data required by parts 7853.0230 to 7853.0260, each applicant for a certificate of need for a large petroleum pipeline facility shall provide the information required by parts 7853.0510 to 7853.0640.
In a joint application, separate responses are required from each person for information required by parts 7853.0510, 7853.0520, and 7853.0540.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0510 Historical Energy Data
Subpart 1. Products, usage, and suppliers.
For the geographical area to be served by the proposed facility, the applicant shall provide the following:
A. a list of the petroleum products by major categories (such as crude oil, gasoline, fuel oil, and so forth) transported or distributed by the applicant in that geographical area during the five most recent calendar years;
B. for each category listed in response to item A and for each of the five most recent calendar years, a list of the annual and peak day quantities transported or distributed in the appropriate units of measure;
C. a list of sources of supply of petroleum products for transportation or distribution during the five most recent calendar years, designated as either in-state or as out-of-state, the dates and durations of the contracts with the 25 largest suppliers or shippers, the categories of petroleum products and quantities involved, and for sources of crude oil, the geographical areas of origin of the crude oil; and
D. for each of the five most recent calendar years and for each category of petroleum product, the percentage of in-state delivery of the annual amounts given in response to item B.
Subp. 2. Facilities; maps.
List each large oil or LPG storage facility location, gas plant, large pipeline facility, and oil refinery associated with the transportation or distribution of the categories of petroleum products named in response to subpart 1, item A. Provide maps that represent the locations and interconnections of these facilities.
Subp. 3. Use of design capacity.
For each large energy facility or location listed in response to subpart 2, located in Minnesota and owned or operated by the applicant, provide the average percentage of use of its full design capacity during the summer season and during the winter season.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0520 Forecast Data
For the geographical area to be served by the proposed facility, the applicant shall provide the following:
A. a list of the categories of petroleum products the applicant expects to transport or distribute in that geographical area during the first six forecast years, the 11th forecast year (the tenth year after the year of the application), and the 16th forecast year;
B. for each category of petroleum product listed in response to item A and for each of the first six forecast years, the 11th forecast year, and the 16th forecast year, a list of the annual and peak day quantities expected, using the appropriate units of measure;
C. a discussion of the methods, assumptions, and factors employed for purposes of estimation in response to items A and B;
D. a discussion of the effect on the forecast of possible changes in the key assumptions and key factors requested in item C; and
E. considering the forecast, a discussion of other facilities, if any, planned by the applicant to supply the forecast demand.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0530 Description of Proposed Facility
Subpart 1. Design.
The applicant shall provide the following information pertaining to the design of the proposed construction of a large petroleum pipeline:
A. if known, the complete name and address of the engineer and firm to be responsible for the design;
B. the estimated tariffs, capital cost, annual operating and maintenance costs, and economic life;
C. a list of the categories of petroleum products the large pipeline is intended to transport;
D. its initial and ultimate design capacities in barrels per day, its diameter, length in Minnesota, maximum number of pumping stations in Minnesota, and nominal station spacing; and
E. engineering data, including the following:
Subp. 2. Construction.
The applicant shall provide the following information pertaining to the proposed construction of the facility:
A. if known, the complete name and address of the company to be responsible for the construction;
B. the proposed date for commencement of construction and the proposed in-service date; and
C. an estimate of the in-service date if the construction were to be on a fully expedited basis.
Subp. 3. Operation.
The applicant shall provide the following information pertaining to the operation of the proposed facility:
A. the expected average percentage of use of the full design capacity of the proposed facility during each of the first five years of operation;
B. the expected maximum operating pressure and capacity of the proposed facility at peak demand;
C. the expected power requirement from the prime movers at each station at peak demand (in kilowatts, thousands of cubic feet per hour, or gallons per hour);
D. a list of expected sources of supply or shippers of petroleum products for transportation during the first five calendar years of operation, designated either as in-state or as out-of-state, the expected dates and durations of the contracts with the 25 largest suppliers or shippers, the categories of petroleum products and quantities expected to be involved, and for sources of crude oil, the expected geographical areas of origin of the crude oil; and
E. a list of expected recipients of transported petroleum products during the first five calendar years of operation, designated either as in-state or as out-of-state, the expected dates and durations of the contracts with the 25 largest recipients, and the categories of petroleum products and quantities expected to be involved.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0540 Alternatives
The applicant shall provide information pertaining to the alternatives that have been considered, and the information shall be presented in the following format:
A. a description of the alternative, including:
B. a summary of the conclusions reached with respect to the alternative and the reasons for its rejection.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0600 Information Required
Each applicant shall provide environmental data for the proposed facility and for each alternative discussed in response to part 7853.0540, to the extent that such data is reasonably available. Environmental data for each pipeline considered shall conform to the format given in parts 7853.0600 to 7853.0640. Information for each of the other types of alternatives considered shall include:
A. a list of the natural and cultural resources, as given in part 7853.0610, subpart 2, items G to K, that would be directly impacted; and
B. a discussion of those applicable areas of environmental concern that are detailed in parts 7853.0620 to 7853.0640.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0610 Location
Subpart 1. Land description.
If a particular route has been selected for the new (sections of) pipeline, indicate that route on an appropriate map. If no particular route has been selected, indicate on an appropriate map each possible route that has been given serious consideration.
Subp. 2. Description of environment.
For each route identified in response to subpart 1, list:
A. the names of cities or population centers through which the route passes;
B. the number of miles of the route that pass through, respectively, federal lands, state lands, county or tax-forfeit lands, incorporated areas, and private land outside incorporated areas;
C. the general soil types along the route and the approximate percentage of each;
D. the general terrain along the route;
E. the types of vegetation along the route (including forest, brush, marsh, pasture, and cropland) and the approximate percentage of each;
F. the predominant types of land use along the route (such as residential, forest, agricultural, commercial, and industrial) and the approximate percentages of each;
G. the names of major lakes or streams and the number of wetlands of five acres or more through which the route passes, as well as any others into which liquid contaminant from the pipeline could flow;
H. trunk highways, railroads, and airports along the route;
I. national natural landmarks, national wilderness areas, national wildlife refuges, national wild and scenic rivers, national parks, national forests, national trails, and national waterfowl production areas through which the route passes, as mapped on the inventory of significant resources by the State Planning Agency;
J. state critical areas, state wildlife management areas, state scientific and natural areas, state wild, scenic, and recreational rivers, state parks, state scenic wayside parks, state recreational areas, state forests, state trails, state canoe and boating rivers, state zoo, designated trout lakes through which the route passes, as mapped on the inventory of significant resources by the State Planning Agency; and
K. national historic sites and landmarks, national monuments, national register historic districts, registered state historic or archaeological sites, state historical districts, sites listed on the National Register of Historic Places, and any other cultural resources through which the route passes, as indicated by the Minnesota Historical Society.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0620 Wastewater, Air Emissions, and Noise Sources
Subpart 1. Point discharges to water.
Indicate the location, route, and final receiving waters for any discharge points. For each discharge point indicate the source, the amount, and the nature of the discharge (provide quantitative data if possible).
Subp. 2. Area runoff.
Indicate the area from which runoff may occur, potential sources of contamination in the area, and receiving waters for any runoff.
Subp. 3. Point sources of airborne emissions.
Estimate the quantity of gaseous and particulate emissions that would occur during full operation of the pipeline from each emission source and indicate the location and nature of the release point.
Subp. 4. Noise.
Indicate the maximum noise levels (in decibels, A scale) expected along the route. Also, indicate the expected maximum increase over ambient noise levels.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0630 Pollution Control and Safeguards Equipment
Subpart 1. Air pollution controls.
Indicate types of emission control devices and dust control measures that would be used.
Subp. 2. Water pollution controls.
Indicate types of pollution control equipment and runoff control measures that would be used to comply with applicable state and federal rules, regulations, and statutes.
Subp. 3. Oil spill, fire, and explosion safeguards.
Describe measures that would be taken to prevent oil spills, fires, and explosions or to minimize the environmental impact of a spill, a fire, or of an explosion.
Subp. 4. Other safeguards and controls.
Indicate any other equipment or measures, including erosion control, that would be used to reduce the impact of the pipeline. Indicate the types of environmental monitoring, if any, that are planned for the facility and describe relevant environmental monitoring data already collected.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0640 Induced Developments
Subpart 1. Utility use.
Indicate the extent to which the facility would create or add to the need for expanded utilities or public services.
Subp. 2. Water use.
Indicate the amount of water that would be appropriated for use in connection with the pipeline, the expected source of water, and the manner in which the water would be used.
Subp. 3. Vehicular traffic.
Estimate the amounts and types of vehicular traffic that would be generated by the facility due to construction activity and, later, operational needs.
Subp. 4. Agriculture.
Estimate the number of farms and the number of acres of cropland and pasture land that would be affected by construction of the pipeline. Indicate known circumstances with regard to the pipeline that would tend to reduce agricultural productivity along the route. Estimate the amount of excavation, backfilling, grading, soil compaction and soil mixture, and ditching to be done in farm fields. Estimate the number of drainage ditches to be impacted by the pipeline.
Subp. 5. Relocation of persons.
Estimate the number of people that would have to relocate if the pipeline were constructed.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7853.0700 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7853.0710 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7853.0720 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7853.0730 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7853.0740 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7853.0750 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7853.0760 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7853.0770 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7853.0780 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7853.0790 [Repealed, 26 SR 1438]
[Repealed, 26 SR 1438]
Minn. R. 7853.0800 Certificate of Need Modifications
Subpart 1. Authority of commission.
Issuance of a certificate may be made contingent upon modifications required by the commission.
Subp. 2. Changes not requiring recertification.
The following changes in a facility previously certified by the commission shall not require recertification:
A. capacity additions or subtractions of less than ten percent of the capacity approved by the commission;
B. pipeline length additions or subtractions of less than ten percent of the length approved by the commission; and
C. changes of less than two years in the in-service date.
Subp. 3. Procedure in case of other changes.
If an applicant determines that a change greater or other than those specified in subpart 2 is necessary or desirable, it shall inform the commission of the desired change, accompanied by a written statement detailing the reasons for the proposed change. The commission shall evaluate these reasons and within 45 days of receipt of the application notify the applicant whether the proposed change is acceptable without recertification.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Chapter 7854 SITE PERMIT; LARGE WIND ENERGY SYSTEM
Minn. R. 7854.0100 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7854.0200 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7854.0300 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7854.0400 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7854.0500 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7854.0600 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7854.0700 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7854.0800 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7854.0900 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7854.1000 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7854.1100 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7854.1200 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7854.1300 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7854.1400 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Minn. R. 7854.1500 [Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
[Repealed, L 2024 c 126 art 7 s 15; L 2024 c 127 art 43 s 15]
Chapter 7855 CERTIFICATE OF NEED; LARGE ENERGY FACILITY
Minn. R. 7855.0010 Definitions
Subpart 1. Scope.
For purposes of this chapter, the following definitions shall apply.
Subp. 2. Commission.
"Commission" means the Minnesota Public Utilities Commission.
Subp. 3. Applicant.
"Applicant" means the person or persons submitting a certificate of need application.
Subp. 4. Application.
"Application" means a document, the contents of which are described in these rules, submitted to the commission for the purpose of obtaining a certificate of need.
Subp. 5. Barrel.
"Barrel" means the quantity of liquid equaling 42 gallons (159.0 liters).
Subp. 6. Base capacity.
"Base capacity" means:
A. the capacity or throughput of a large energy facility as of November 14, 1978;
B. the capacity or throughput of a certified new large energy facility; or
C. if a large energy facility has been expanded since November 14, 1978, the capacity or throughput of the facility following the most recent certified expansion.
Subp. 7. Btu.
"Btu" means British thermal unit, a common unit of energy measurement that is used in this chapter for comparative purposes.
Subp. 8. Coal liquids pipeline.
"Coal liquids pipeline" means any pipeline greater than 15.2 centimeters (six inches) in diameter and having more then 80.4 kilometers (50 miles) of its length in Minnesota used for the transportation of liquids derived from coal.
Subp. 9. Coal slurry pipeline.
"Coal slurry pipeline" means any pipeline greater than 15.2 centimeters (six inches) in diameter and have more than 80.4 kilometers (50 miles) of its length in Minnesota used for the transportation of coal or any solid derivative thereof.
Subp. 10. Demand.
"Demand" means that quantity of products or services from the applicant's facilities for which there are willing and able purchasers.
Subp. 11. Energy product.
"Energy product" means any fuel or other natural resource that may be used to provide energy.
Subp. 12. Expansion.
"Expansion" means an increase in the capacity of an existing large energy facility, accomplished by one or more methods, including but not limited to increasing the size of the facility, using new or different technology, or adding pumping stations.
Subp. 13. Firm contract customers.
"Firm contract customers" means customers served under schedules or contracts that neither anticipate nor permit interruption unless a state of emergency exists.
Subp. 14. Forecast.
"Forecast" means a projection of future demand for some specified time period.
Subp. 15. Forecast years.
"Forecast years" means the 16-year period consisting of the year of application plus the next 15 years.
Subp. 16. Fuel conversion facility.
"Fuel conversion facility" means any facility intended to convert coal, peat, wood, or any other material, excepting fissile, fertile, or fissionable nuclear material, into another combustible fuel and having the capacity to process 22.7 metric tons (25 tons) of the material per hour at its peak capacity. A fuel conversion facility shall include any storage facility needed for operation of the facility at the design capacity. A coal-cleaning or coal-agglomerating facility shall not be considered a fuel conversion facility, unless its operation causes a change in the molecular structure of the input coal.
Subp. 17. Interruptible contract customers.
"Interruptible contract customers" means customers served under schedules or contracts that anticipate or permit interruption of service during the term of the contract.
Subp. 18. Joint application.
"Joint application" means an application submitted to the commission by two or more persons.
Subp. 19. Mbpd-mile.
"Mbpd-mile" means a descriptive unit used as a measure of the size of a coal liquids pipeline, the quantity of which is determined by multiplying:
A. either the length in miles of the new (section of) pipeline in Minnesota, or 50 if the capacity expansion is achieved by adding power; and
B. the new or additional design capacity in thousand barrels per day (Mbpd). If the pipeline capacity would be expanded by a combination of looping and adding power, the mbpd-miles corresponding to each method of expansion shall be calculated and the sum of the two shall be the size of the pipeline.
Subp. 20. Mcf.
"Mcf" means 1,000 cubic feet, a common unit of volume measurement for natural gas.
Subp. 21. Minnesota service area.
"Minnesota service area" means that part of an applicant's service area that is in Minnesota.
Subp. 22. Mton-mile.
"Mton-mile" means a descriptive unit used as a measure of the size of a coal slurry pipeline, the quantity of which is determined by multiplying:
A. either the length in miles of new (section of) pipeline in Minnesota, or 50 if the capacity expansion is achieved by adding power; and
B. the new or additional design capacity in thousands of tons per day (Mton). If the pipeline capacity would be expanded by a combination of looping and adding power, the Mton-miles corresponding to each expansion shall be calculated and the sum of the two shall be the size of the pipeline.
Subp. 23. Nuclear fuel processing facility.
"Nuclear fuel processing facility" means any facility designed for or capable of processing or reprocessing any material for use as a fuel in a nuclear reactor. A nuclear fuel processing facility shall include any radioactive or nonradioactive waste storage or disposal facility on the site needed for operation of the facility at the design capacity.
Subp. 24. Nuclear waste storage or disposal facility.
"Nuclear waste storage or disposal facility" means any facility designed for or capable of serving as a temporary or permanent depository for radioactive or associated nonradioactive wastes produced by a nuclear reactor or a nuclear fuel processing facility, including any burial ground for low-level radioactive wastes.
Subp. 25. Peak day.
"Peak day" means that day during a calendar year when demand is the greatest.
Subp. 26. Peak demand.
"Peak demand" means the highest demand placed upon a facility within a designated period of time.
Subp. 27. Person.
"Person" means an individual, partnership, corporation, joint stock company, unincorporated association or society, municipal corporation, or a government or governmental subdivision, unit, or agency other than a court of law.
Subp. 28. Promotional practices.
"Promotional practices" means any actions or policies by an applicant, an applicant's customers, or other persons that directly or indirectly give rise to the demand for the facility, including but not limited to advertising, billing practices, and other marketing activities.
Subp. 29. Service area.
"Service area" means that geographical area in which the applicant has customers.
Subp. 30. Substantially complete application.
"Substantially complete application" means an application that is deemed by the commission to be in substantial compliance with the information requirements of these rules.
Subp. 31. Ton.
"Ton" means 907.2 kilograms (2,000 pounds).
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0020 Purpose
The purpose of this chapter is to specify the contents of applications for certificates of need and to specify criteria for assessment of need, pursuant to Minnesota Statutes, section 216B.243, for fuel conversion facilities, coal slurry or coal liquids pipelines, nuclear fuel processing facilities, and nuclear waste storage or disposal facilities.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0030 Scope of Rules
Subpart 1. Facilities subject to rules.
Each person applying for a certificate of need to construct one of the following types of large energy facilities pursuant to this chapter shall provide all information required by this chapter:
A. a new fuel conversion facility;
B. expansion of an existing fuel conversion facility by at least 25 tons per hour of input material over the base capacity of the facility;
C. a new coal slurry or coal liquids pipeline;
D. expansion of an existing coal slurry pipeline by at least 1,000 tons of coal or coal derivatives per day over the base capacity of the facility;
E. expansion of an existing coal liquids pipeline by at least 15,000 barrels per day over the base capacity of the facility;
F. a new nuclear fuel processing facility;
G. expansion of an existing nuclear fuel processing facility by at least 20 percent of the base capacity of the facility;
H. a new nuclear waste storage or disposal facility; and
I. expansion of an existing nuclear waste storage or disposal facility by at least 20 percent of the base capacity of the facility.
Subp. 2. Exceptions.
The following types of facilities shall not be subject to this chapter:
A. any large energy facility on which construction has begun or has been completed by November 14, 1978;
B. any nuclear waste storage or disposal facility to be constructed in conjunction with a large generating facility that itself requires a certificate of need, unless the total capacity of that storage facility is not covered by the certificate of need issued for the large electric generating facility and associated facilities; and
C. any facility covered by Minnesota Statutes 1977 Supplement, sections 116C.71 to 116C.74, unless expressly authorized by the legislature.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0100 Purpose of the Criteria
The criteria for assessment of need shall be used by the commission in the determination of need for each proposed large energy facility that is subject to these rules. The factors listed under each of the criteria set forth at part 7855.0120 shall be evaluated to the extent that the commission deems them applicable and pertinent to each facility proposed pursuant to this chapter. The commission shall make a specific written finding with respect to each of the criteria. In the case of an application for a certificate of need for an expansion of a nuclear waste storage or disposal facility serving an existing large electric generating facility, the commission shall not make a decision that could reasonably be expected to result in a forced shutdown of the generating facility.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0110 Consideration of Alternatives
The commission shall consider only those alternatives proposed before the close of the public hearing and for which there exists substantial evidence on the record with respect to each of the criteria listed in part 7855.0120.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0120 Criteria
A certificate of need shall be granted to the applicant if it is determined that:
A. the probable direct or indirect result of denial would be an adverse effect upon the future adequacy, reliability, safety, or efficiency of energy supply to the applicant, to the applicant's customers, or to the people of Minnesota and neighboring states, considering:
B. a more reasonable and prudent alternative to the proposed facility has not been demonstrated by a preponderance of the evidence on the record by parties or persons other than the applicant, considering:
C. it has been demonstrated by a preponderance of the evidence on the record that the consequences of granting the certificate of need for the proposed facility, or a suitable modification thereof, are more favorable to society than the consequences of denying the certificate, considering:
D. that it has not been demonstrated on the record that the design, construction, operation, or retirement of the proposed facility will fail to comply with those relevant policies, rules, and regulations of other state and federal agencies and local governments.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0200 Application Procedures and Timing
Subpart 1. Submission.
Each application for a certificate of need pursuant to this chapter shall be submitted in the form and manner prescribed by this chapter.
Subp. 2. Filing copies.
A minimum of seven bound copies and one unbound copy of the application shall be filed with the commission for use by the commission and its staff. The commission shall require additional copies, not to exceed 100 copies total, to supply other governmental authorities, potential intervenors, and libraries designated as distribution points for public use. The commission shall provide for the record at the hearing a list indicating the distribution of the additional copies. All documents, forms, and schedules filed with the application shall be typed on 8-1/2 inch by 11 inch paper except for drawings, maps, and similar materials. Each application shall contain a title page and a complete table of contents, which includes the applicable rule by the titles and numbers given in this chapter. The date of preparation and the applicant's name shall appear on the title page, as well as on each document filed with the application.
Subp. 3. Subsequent filings.
Subsequent to the filing of an application, any changes or corrections to the application shall comply with subpart 2 as to the number of copies and size of documents. In addition, each page of a change or correction to a previously filed page shall be marked with the word "REVISED" and with the date the revision was made. The original copy of the changes or corrections shall be filed with the administrative law judge, and the remaining copies shall be submitted to the commission.
Subp. 4. Cover letter.
Each application for a certificate of need shall be accompanied by a cover letter signed by an authorized officer or agent of the applicant. The cover letter shall specify the type of facility for which a certificate of need is requested and the number of copies of the application filed.
Subp. 5. Hearing.
An administrative law judge shall be assigned, and a public hearing shall be scheduled to commence, no later than 80 days after the receipt of the application, in accordance with rules governing certificate of need filing, part 7829.2500, and the Office of Administrative Hearings' rules for contested case procedures, chapter 1400.
Subp. 6. Decision.
A decision on an application for a certificate of need shall be made by the commission no later than six months from the receipt of the application, provided that the application as received is substantially complete.
Subp. 7. Notice of incomplete application.
The commission shall notify the applicant within 15 days of the receipt of an application if the application is not substantially complete. Upon such notification, the applicant may correct any deficiency and may resubmit the application. A decision shall be made upon the revised application within six months of the date of resubmission, assuming it is then substantially complete.
Subp. 8. Exemption.
Prior to the submission of an applicant, a person shall be exempted from any data requirement of this chapter upon a written request to the commission for exemption from specified rules and a showing by that person in the request that the data requirement is unnecessary to determine the need for the proposed facility or may be satisfied by submission of another document. A request for exemption shall be filed at least 20 days prior to submission of an application. The commission shall respond in writing to each such request within 15 days of receipt, including reasons for the decision. The commission shall file a statement of exemptions granted and reasons therefor prior to commencement of the hearings.
Subp. 9. Reasons for denial.
When an application for a certificate of need is denied, the commission shall state the reasons for the denial.
History
- Statutory Authority: MS s 216B.08; 216B.243
- History: L 1983 c 289 s 115; L 1984 c 640 s 32; 26 SR 1438
Minn. R. 7855.0210 Filing Fees and Payment Schedule
Subpart 1. Fees.
The fee for processing an application shall be:
A. $5,000 plus $50 per ton of hourly design input for a new or expanded fuel conversion facility;
B. $5,000 plus $10 per mton-mile for a new or expanded coal slurry pipeline;
C. $5,000 plus $1 per mbpd-mile for a new or expanded coal liquids pipeline;
D. $20,000 plus $50 per ton of yearly design input for a nuclear fuel processing facility; or
E. $20,000 for a nuclear waste storage or disposal facility; plus such additional fees as are reasonably necessary for completion of the evaluation of need for the proposed facility.
Subp. 2. Schedule.
Fifty percent of the fee set according to subpart 1, items A to D shall accompany the application and the balance shall be paid 90 days after submission of the application. The applicant shall be notified prior to the time the application is acted upon by the commission of any additional fees, which fees shall be paid within 30 days of notification. The billing of such additional fees shall be accompanied by an itemized document showing the necessity for the additional assessment.
Subp. 3. Payment required.
No certificate shall be issued until all fees are paid in full.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0220 Contents of Application
Subpart 1. Information required.
An application for a certificate of need shall provide all information required by parts 7855.0230 to 7855.0270 and, optionally, part 7855.0280. An application shall also provide information for specific types of facilities as indicated:
A. An applicant for a fuel conversion facility shall refer to parts 7855.0300 to 7855.0370 for the additional information required.
B. An applicant for a coal slurry or coal liquids pipeline shall refer to parts 7855.0400 to 7855.0470 for the additional information required.
C. An applicant for a nuclear fuel processing facility shall refer to parts 7855.0500 to 7855.0570 for the additional information required.
D. An applicant for a nuclear waste storage or disposal facility shall refer to parts 7855.0600 to 7855.0670 for additional information required.
Subp. 2. Joint application.
If an application for a certificate of need is jointly submitted by two or more persons, then each such person shall submit separate information in response to the general information section, part 7855.0230, the conservation programs section, part 7855.0270, and the appropriate historical data and forecast section, parts 7855.0320, 7855.0420, 7855.0520, or 7855.0620.
Subp. 3. Multiparty ownership and use.
An application for a certificate of need for a facility that would be owned and used by two or more persons shall be considered as a joint application for purposes of this chapter.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0230 General Information Section
Each application shall include the following general information:
A. the applicant's complete name and address, telephone number, and standard industrial classification codes;
B. the complete name, title, address, and telephone number of the official or agent to be contacted concerning the applicant's filing;
C. a brief description of the nature of the applicant's business and of the products that are manufactured, produced, or processed, or of the services rendered;
D. a brief description of the proposed facility and its planned use;
E. the total fee for the application as prescribed by part 7855.0210 and the amount of the fee submitted with the application; and
F. the signatures and titles of the applicant's officers or executives authorized to sign the application, and the signature of the preparer of the application if prepared by an outside agent.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0240 Schedule of Other Filings
Each application shall contain a schedule listing all known federal, state, and local agencies or authorities with which the applicant must file for the proposed facility. The following information shall be included on the schedule:
A. the names of all known federal, state, or local authorities with which the applicant must file;
B. the title of each required permit or certificate issued by the authorities named in response to item A and needed by the applicant;
C. for each permit or certificate listed in response to item B, the date an application was filed or the projected date of future application;
D. for each permit or certificate listed in response to item B, the actual date a decision was made on the application, or the anticipated decision date; and
E. for each permit or certificate listed in response to item B for which an application was filed, the disposition or status of the permit or certificate.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0250 Need Summary
Each application shall contain a summary of the major factors that justify the need for the proposed facility. Except upon prior approval of the commission, this summary shall not exceed 15 pages, including text, tables, graphs, and figures.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0260 Additional Considerations
Each application shall contain an explanation of the relationship of the proposed facility to each of the following socioeconomic considerations:
A. socially beneficial uses of the output of the facility, including its uses to protect or enhance environmental quality;
B. promotional activities that may have given rise to the demand for the facility; and
C. the effects of the facility in inducing future development.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0270 Conservation Programs
Each application shall include the following information:
A. the name of the committee, department, or individual responsible for the applicant's energy conservation and efficiency programs;
B. a list of the applicant's energy conservation and efficiency goals and objectives;
C. a description of the specific energy conservation and efficiency programs the applicant has considered, a list of those that have been implemented, and the reasons why the other programs have not been implemented;
D. a description of the major accomplishments that have been made with respect to energy conservation and efficiency;
E. a description of the applicant's future plans through the forecast years with respect to energy conservation and efficiency; and
F. a quantification of the manner by which these programs affect or help determine the applicant's forecast of demand, a list of the total costs by program, and a discussion of the expected effects in reducing the need for new large energy facilities.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0280 Other Data Filed with Application
In addition to the information required by these rules, an applicant may file additional data if it believes that such data is relevant to the commission's decision.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0300 Proposed Fuel Conversion Facility; Description
Each application for a fuel conversion facility shall contain the following information:
A. a physical description of the facility, including:
B. data regarding design and construction of the facility, including:
C. data regarding operation of the facility, including:
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0310 Alternatives
Each application for a fuel conversion facility shall contain a description of alternatives available to the applicant that differ significantly from the proposed facility with respect to location, size, timing, or design. The description of each alternative shall include the following information, if applicable:
A. the location of the facility, to the fullest extent known;
B. the design capacity of the facility;
C. a schematic drawing showing major components of the facility;
D. a map showing the planned location of the facility and its interconnections with energy transportation systems;
E. the probable date for commencing construction and the probable in-service date;
F. the estimated installed cost of the alternative in current dollars;
G. the estimated economic life of the facility;
H. the input materials that would be processed by the facility and the products that would be produced;
I. the projected annual operating and maintenance costs in current dollars for each of the first five calendar years of operation;
J. a description of the methods that would be used to transport input and output materials to and from the facility;
K. the estimated amounts and types of energy products that would be consumed during operation of the facility at the design capacity;
L. the expected average percentage of use of the full design capacity for each of the first five calendar years of operation;
M. a discussion of the maintenance requirements of the facility, including the estimated impact on production; and
N. the reasons why the alternative was rejected.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0320 Historical and Forecast Data
Subpart 1. Information required.
Each applicant for a fuel conversion facility shall provide five years of historical energy data, as well as a forecast of demand through the forecast years. If the fuel conversion facility is designed primarily to provide energy for the applicant's own use, data shall be submitted in response to subpart 2. If the facility is designed to produce pipeline quality gas for sale by either a utility or a pipeline company, data shall be submitted in response to subpart 3. In all other cases, data shall be submitted in response to subpart 4.
Subp. 2. Own-use facility.
The applicant shall submit the following information about its historical and projected use of energy products:
A. for each of the energy products that would be produced by the proposed facility, the amount of that product consumed by the applicant during each of the five preceding calendar years;
B. the amounts of any other energy products consumed by the applicant during each of the five preceding calendar years;
C. the amounts of those energy products listed in response to items A and B that were consumed at the applicant's Minnesota locations;
D. for the first six forecast years, the 11th forecast year (the tenth year after the year of application), and the 16th forecast year, the projected demand by the applicant for each of the energy products named in response to items A and B and the projected demand for each at the applicant's Minnesota locations;
E. a discussion of the methodology, statistical techniques, and data bases used in providing the forecast data required by item D;
F. any major assumptions made in providing the forecast data required by item D, and a discussion of the sensitivity of the projections to changes in the assumptions; and
G. any other known large energy facilities that may be constructed during the forecast years for use by the applicant.
Subp. 3. Gas utility or pipeline.
A gas utility or pipeline company shall submit the following information:
A. for each of the ten preceding calendar years, the first six forecast years, the 11th forecast year (the tenth year after the year of application), and the 16th forecast year, annual gas consumption by ultimate consumers and the number of such customers within the applicant's system in each of the following categories:
B. if the applicant's service area includes consumers outside of Minnesota, annual gas consumption by ultimate consumers within the applicant's Minnesota service area for each of the years given in item A;
C. for each of the years given in item A and for each of the categories listed in item A, subitems (1) to (9), an estimate of the daily demand for gas by ultimate consumers in the applicant's system at the time of system peak demand;
D. for each of the years given in item A, the applicant's system peak demand by month;
E. a discussion of methodology, statistical techniques, and data bases used in providing the forecast data required by items A to D;
F. a discussion of the assumptions made by the applicant with respect to the availability of alternate sources of energy, the expected conversion from other fuels to gas or vice versa, the future prices of gas for customers in the applicant's system, and the effect that such prices will likely have on the applicant's system demand, the effect of existing energy conservation programs under federal or state legislation on long-term gas demand, and any other factor considered important by the applicant;
G. a discussion of the sensitivity of the forecast to changes in the assumptions;
H. for a gas utility only, for the last calendar year, the current calendar year, the first full calendar year before the proposed facility is expected to be in operation, and the first full calendar year of operation of the proposed facility, an annual supply curve consisting of a single graph for each year and showing the contributions from:
I. for a gas pipeline company only, for the last calendar year, the current calendar year, the first full calendar year before the proposed facility is expected to be in operation, and the first full calendar year of operation of the proposed facility, an annual supply curve consisting of a single graph for each year and showing the contributions from:
J. any other known large energy facilities that may be constructed during the forecast years for use by the applicant.
Subp. 4. Other cases.
The applicant shall submit the following information about its consumption and sales of energy products:
A. for each of the energy products that would be produced by the proposed facility, the amount sold or transported by the applicant during each of the five preceding calendar years;
B. the amounts of those energy products listed in response to item A that were sold or transported by the applicant in its Minnesota service area;
C. for each of the energy products consumed by the applicant and for each of the five preceding calendar years, the total amount consumed and the amount consumed at the applicant's Minnesota locations;
D. for the first six forecast years, the 11th forecast year (the tenth year after the year of application), and the 16th forecast year, the projected total demand for products produced by the proposed facility within the applicant's service area and the projected demand within its Minnesota service area;
E. a discussion of the methodology, statistical techniques, and data bases used in providing the forecast data required by item D;
F. any assumptions made in supplying the projections made in response to item D, and a discussion of the sensitivity of the projections to changes in the assumptions; and
G. any other known large energy facilities that may be constructed during the forecast years for use by the applicant.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0330 Environmental Data for Fuel Conversion Facilities
Each applicant shall provide environmental data for the proposed facility and for each alternative facility described in response to part 7855.0310. The information in parts 7855.0340 to 7855.0370 relating to construction and operation of each of these facilities shall be provided, to the extent that such information is reasonably available to the applicant and applicable to the particular alternative.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0340 Description of Alternative Sites
The applicant shall supply a description of each alternative site, including:
A. the nature of the terrain at the site;
B. the general soil and bedrock types at the site;
C. the depth to groundwater at the site;
D. the types of vegetation (forest, brush, marsh, pasture, and cropland) on the site, and the approximate percentage of each;
E. the predominant types of land use (such as residential, forest, agricultural, commercial, and industrial) within five miles of the site, and the approximate percentage of each;
F. lakes, streams, wetlands, or drainage ditches within five miles of the site, and any other lakes, streams, wetlands, drainage ditches, wells, or storm drains into which liquid contaminants could flow;
G. trunk highways and airports within five miles of the site;
H. national natural landmarks, national wilderness areas, national wildlife refuges, national wild and scenic rivers, national parks, national forests, national trails, and national waterfowl production areas within five miles of the site, as mapped on the inventory of significant resources by the State Planning Agency;
I. state critical areas, state wildlife management areas, state scientific and natural areas, state wild, scenic and recreational rivers, state parks, state scenic wayside parks, state recreational areas, state forests, state trails, state canoe and boating rivers, state zoo, designated trout streams, and designated trout lakes within five miles of the site, as mapped on the inventory of significant resources by the State Planning Agency;
J. national historic sites and landmarks, national monuments, national register historic districts, registered state historic or archaeological sites, state historical districts, sites listed on the National Register of Historical Places, and any other cultural resources within five miles of the site, as indicated by the Minnesota Historical Society; and
K. areas within five miles of the site designated by regional or local authorities as having recreational, cultural, historical, or scientific significance, as indicated by local units of government.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0350 Wastes and Emissions
The applicant shall supply data on wastes and emissions associated with construction or operation of the facility, including:
A. the types and estimated amounts of solid and liquid wastes, including aromatic compounds, that would be produced by the facility;
B. the types and estimated amounts of gaseous and particulate emissions into the air that would occur during full operation from each emission source, and the location and nature of the release point;
C. locations that may be sources of fugitive dust and the nature of each source;
D. the locations, routes, and final receiving waters for any discharge points, and for each discharge point the source, the amount, and the nature of the discharge;
E. any area from which runoff may occur, potential sources of contamination in the area, and receiving waters for any runoff;
F. the sources and estimated amounts of heat rejected from the facility; and
G. the maximum noise levels (in decibels, A scale) expected at the property boundary and the expected maximum increase over ambient noise levels.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0360 Pollution Control and Safeguards Equipment
The applicant shall supply data regarding pollution control and safeguards equipment, including:
A. the methods that would be used to recycle or dispose of solid or liquid wastes;
B. the types of emission control devices and dust control measures that would be used;
C. the types of water pollution control equipment and runoff control measures that would be used;
D. the measures that would be taken to prevent spills of pollutants or to minimize the environmental effect of a spill on surface waters and groundwaters;
E. the methods that would be used to reduce the effects of heat rejected by the facility;
F. any other equipment or measures, including noise control or erosion control, that would be used to reduce the impact of the facility; and
G. the types of environmental monitoring that are planned for the facility, if any, and a description of any relevant environmental monitoring data already collected.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0370 Estimates of Induced Developments
The applicant shall supply estimates of induced developments, including:
A. the types and amounts of vehicular traffic that would be generated by the facility due to construction activity and, later, to operational needs;
B. the work forces required for construction and for operation of the facility;
C. the extent to which the facility would create or add to the need for expanded utility or public services, including high voltage transmission lines, access roads, and the like;
D. the amount of water that would be appropriated and the amount that would be consumed by the facility, the expected source of the water, and the uses for the water;
E. the amount of agricultural land, including pasture land, that would be removed from agricultural use if the facility were constructed, and known circumstances associated with the facility that could lead to reduced productivity of surrounding agricultural land; and
F. the number of people that would have to relocate if the facility were constructed.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0400 Coal Slurry, Coal Liquids Pipeline; Description
Each application for a coal slurry or coal liquids pipeline shall contain the following information:
A. a physical description of the facility, including:
B. data regarding design and construction of the facility, including:
C. data regarding operation of the facility, including:
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0410 Alternatives
Each application for a coal slurry or coal liquids pipeline shall contain a description of alternatives available to the applicant that differ significantly from the proposed facility with respect to location, size, timing, or design.
A. If the alternative is another pipeline, all of the information required by part 7855.0400, items A to C shall be submitted for the alternative. The applicant shall also indicate the reasons for rejecting the alternative.
B. If the alternative is not a pipeline, the description of the alternative shall include the following information, if applicable:
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0420 Historical and Forecast Data
Subpart 1. Information required.
Each applicant for a coal slurry or coal liquids pipeline shall provide five years of historical energy data, as well as a forecast of demand through the forecast years. If the proposed pipeline is designed primarily to provide energy for the applicant's own use, data shall be submitted in response to subpart 2. If the proposed pipeline is designed primarily to transport or distribute energy to be used by others, data shall be submitted in response to subpart 3.
Subp. 2. Own-use pipeline.
The applicant shall submit the following information about its historical and projected use of energy products:
A. for each of the energy products that would be transported by the proposed facility, the amount of that product consumed by the applicant during each of the five preceding calendar years;
B. the amounts of any other energy products consumed by the applicant during each of the five preceding calendar years;
C. the amounts of those energy products named in response to items A and B that were consumed at the applicant's Minnesota locations;
D. for the first six forecast years, the 11th forecast year (the tenth year after the year of application), and the 16th forecast year, the projected demand by the applicant for each of the energy products named in response to items A and B and the projected demand for each at the applicant's Minnesota locations;
E. a discussion of the methodology, statistical techniques, and data bases used in providing the forecast data required by item D;
F. any major assumptions made in providing the forecast data required by item D, and a discussion of the sensitivity of the projections to changes in the assumptions; and
G. any other known large energy facilities that may be constructed during the forecast years for use by the applicant.
Subp. 3. Energy to be used by others.
The applicant shall submit the following information about its transportation and distribution of energy products:
A. a list of the energy products transported or distributed in its service area during each of the five preceding calendar years;
B. for each energy product listed in response to item A, the annual and peak-day quantities transported or distributed for each of the five preceding calendar years in the appropriate units of measure;
C. a list of sources of supply of energy products for transportation or distribution during the five preceding calendar years, designated as either in-state or out-of-state, the dates and durations of the contracts with the suppliers or shippers, and the quantities of each energy product involved;
D. for each of the five preceding calendar years and for each energy product, the percentage of in-state delivery of the annual amounts given in response to items A to C;
E. a list of each storage facility, pipeline, or other major facility owned or operated by the applicant and associated with the transportation and distribution of the energy products given in response to item A, and the average percentage of use of each such facility during the summer season and during the winter season;
F. a list of the energy products the applicant expects to transport or distribute in its service area during the first six forecast years, the 11th forecast year (the tenth year after the year of application), and the 16th forecast year, and the annual and peak-day quantities expected in the appropriate units of measure;
G. a discussion of the methodology, statistical techniques, and data bases used in providing the forecast data required by item F;
H. a discussion of the methods, assumptions, and factors employed for purposes of estimation in response to item F;
I. a discussion of the sensitivity of the forecast to changes in the assumptions; and
J. any other known large energy facilities that may be constructed during the forecast years for use by the applicant.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0430 Environmental Information Required
Each applicant shall provide environmental data for the proposed facility and for each alternative facility described in response to part 7855.0410. Environmental data for each pipeline considered shall conform to the format given in parts 7855.0440 to 7855.0470. Environmental data for any other alternative shall include a list of the natural and cultural resources, as given in part 7855.0440, items G to L, that would be directly affected, and a discussion of those applicable areas of environmental concern that are detailed in parts 7855.0450 to 7855.0470.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0440 Alternative Routes; Description
The applicant shall supply a description of each alternative route, including:
A. the names of cities or population centers through which the route passes;
B. the number of miles of the route that pass through, respectively, federal lands, state lands, county or tax-forfeit lands, incorporated areas, and private land outside corporate areas;
C. the general soil types along the route and the approximate percentage of each;
D. the general bedrock types along the route and the approximate percentage of each;
E. the general terrain along the route;
F. the types of vegetation along the route (forest, brush, marsh, pasture, and cropland) and the approximate percentage of each;
G. the predominant types of land use along the route (such as residential, forest, agricultural, commercial, and industrial) and the approximate percentage of each;
H. the names of major lakes or streams and the number of wetlands of five acres or more through which the route passes, as well as any others into which liquid contaminant from the pipeline could flow;
I. trunk highways, airports, or railroad lines under which the route passes;
J. national natural landmarks, national wilderness areas, national wildlife refuges, national wild and scenic rivers, national parks, national forests, national trails, and national waterfowl production areas through which the route passes, as mapped on the inventory of significant resources by the State Planning Agency;
K. state critical areas, state wildlife management areas, state scientific and natural areas, state wild, scenic and recreational rivers, state parks, state scenic wayside parks, state recreational areas, state forests, state trails, state canoe and boating rivers, state zoo, designated trout streams, and designated trout lakes through which the route passes, as mapped on the inventory of significant resources by the State Planning Agency; and
L. national historic sites and landmarks, national monuments, national register historic districts, registered state historic or archaeological sites, state historical districts, sites listed on the National Register of Historic Places, and any other cultural resources through which the route passes, as indicated by the Minnesota Historical Society.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0450 Wastes and Emissions
The applicant shall provide data on wastes and emissions associated with construction or operation of the facility, including:
A. the types and estimated amounts of solid and liquid wastes that would be produced;
B. the types and estimated amounts of gaseous and particulate emissions into the air that would occur during full operation of the pipeline from each emission source, and the location and nature of the release point;
C. locations that may be sources of fugitive dust and the nature of each source;
D. the locations, routes, and final receiving waters for any discharge points, and for each discharge point the source, the amount, and the nature of the discharge;
E. any area from which runoff may occur, potential sources of contamination in the area, and receiving waters for any runoff; and
F. the maximum noise levels (in decibels, A scale) expected along the route and the expected maximum increase over ambient noise levels.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0460 Pollution Control and Safeguards Equipment
The applicant shall provide data regarding pollution control and safeguards equipment, including:
A. the types of emission control devices and dust control measures that would be used, including provisions for controlling coal dust left in evaporated dump basins;
B. the types of water pollution control equipment and runoff control measures that would be used, including methods to treat any residual slurry water that may enter freshwater bodies;
C. the measures that would be taken to prevent slurry or coal liquids spills or to minimize the environmental effect of a spill on surface waters and groundwaters;
D. for a coal slurry pipeline, a description of the procedure in case of electrical outage at one or more pump stations or cessation of slurry movement for any reason;
E. any other equipment or measures, including noise control, that would be used to reduce the impact of the facility; and
F. the types of environmental monitoring that are planned for the facility, if any, and a description of any relevant environmental monitoring data already collected.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0470 Estimates of Induced Developments
The applicant shall provide estimates of induced developments, including:
A. the extent to which the facility would create or add to the need for expanded utility or public services;
B. the work force required for construction and for operation of the facility;
C. the amount of water which would be appropriated and the amount that would be consumed by the facility, the expected source of the water, and the uses for the water;
D. a discussion of the effects on agricultural operations, including the number of farms and the number of acres of cropland and pasture land that would be affected by construction of the pipeline, the number of drainage ditches that would be affected, and the efforts that would be used to mitigate effects on production (e.g., segregating topsoil, avoiding soil compaction, providing adequate depth of cover); and
E. the number of people who would have to relocate if the facility were constructed.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0500 Proposed Nuclear Fuel Processing Facility; Description
Each application for a nuclear fuel processing facility shall contain the following information:
A. a physical description of the facility, including:
B. data regarding design and construction of the facility, including:
C. data regarding operation of the facility, including:
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0510 Alternatives
Each application for a nuclear fuel processing facility shall contain a description of alternatives available to the applicant that differ significantly from the proposed facility with respect to location, size, timing, or design. The description of each alternative shall include the following information, if applicable:
A. the location of the facility, to the fullest extent known;
B. the required land area, the height of the tallest structures, and if applicable, the depth and size of any underground caverns;
C. its design capacity in the appropriate units of measure;
D. a schematic drawing showing major components of the facility;
E. the probable date for commencing construction and the probable in-service date;
F. the estimated installed cost of the alternative in current dollars;
G. the estimated economic life of the facility;
H. the sources and amounts of input materials that would be processed by the facility, including uranium, plutonium, structural metals, and fission products, and the products that would be produced;
I. the projected annual operating and maintenance costs in current dollars for each of the first five calendar years of operation;
J. the methods that would be used to transport materials to and from the facility;
K. the projected types and amounts of energy products that would be consumed during operation at the design capacity;
L. the estimated average percentage of use of the full design capacity for each of the first five years of operation;
M. a discussion of the maintenance requirements of the facility, including the estimated impact on production; and
N. the reasons why the alternative was rejected.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0520 Historical and Forecast Data
Each applicant for a nuclear fuel processing facility shall provide five years of historical data, as well as a forecast of demand through the forecast years. The following information shall be included:
A. the amount of each input material, in tons per year, produced nationally and the amount produced within Minnesota during each of the last five calendar years preceding the year of application;
B. for each of the last five calendar years preceding the year of application, the year-end capacity within Minnesota and within the United States, in tons of input material per year, to process the materials listed in item A;
C. an estimate of the amount of each input material expected to be produced nationally (including, if applicable, spent fuel from foreign reactors that use uranium supplied by the United States) and within Minnesota during the first six forecast years, the 11th forecast year (the tenth year after the year of application), and the 16th forecast year;
D. a discussion of the methodology, statistical techniques, and data bases used in providing the forecast data required by item C;
E. a list of known facilities to be added in the United States during the forecast years, including locations, in-service dates, and design capacities, for processing the same types of materials that would be processed by the proposed facility; and
F. any major assumptions made in supplying the information required by items A to D, and a discussion of the sensitivity of the information to changes in the assumptions.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0530 Environmental Information Required
Each applicant shall provide environmental data for the proposed facility and for each alternative facility described in response to part 7855.0510. The information in parts 7855.0540 to 7855.0570 relating to construction and operation of each of these facilities shall be provided, to the extent that such information is reasonably available to the applicant and applicable to the particular alternative.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0540 Alternative Sites; Description
The applicant shall provide a description of each alternative site, including:
A. the nature of the terrain at the site;
B. the general soil types at the site;
C. the types and depths of bedrock underlying the site;
D. the depth to groundwater at the site;
E. the types of vegetation (forest, brush, marsh, pasture, and cropland) on the site, and the approximate percentage of each;
F. the predominant types of land use (such as residential, forest, agriculture, commercial, and industrial) within five miles of the site, and the approximate percentage of each;
G. lakes, streams, wetlands, or drainage ditches within five miles of the site, and any other lakes, streams, wetlands, drainage ditches, wells, or storm drains into which liquid contaminants from the site could flow;
H. trunk highways, airports, and air traffic corridors within five miles of the site;
I. national natural landmarks, national wilderness areas, national wildlife refuges, national wild and scenic rivers, national parks, national forests, national trails, and national waterfowl production areas within five miles of the site, as mapped on the inventory of significant resources by the State Planning Agency;
J. state critical areas, state wildlife management areas, state scientific and natural areas, state wild, scenic and recreational rivers, state parks, state scenic wayside parks, state recreational areas, state forests, state trails, state canoe and boating rivers, state zoo, designated trout streams, and designated trout lakes within five miles of the site, as mapped on the inventory of significant resources by the State Planning Agency;
K. national historic sites and landmarks, national monuments, national register historic districts, registered state historic or archaeological sites, state historical districts, sites listed on the National Register of Historic Places, and any other cultural resources within five miles of the site, as indicated by the Minnesota Historical Society;
L. areas within five miles of the site designated by regional or local authorities as having recreational, cultural, historical, or scientific significance, as indicated by local units of government; and
M. the estimated total population within 50 miles of the site, and a map showing the distribution of the population within 50 miles of the site.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0550 Wastes and Emissions
The applicant shall provide data on wastes and emissions associated with construction or operation of the facility, including:
A. the types and estimated amounts of solid, liquid, and gaseous radioactive wastes that would be produced by the facility, and the level of radioactivity of each in curies per year;
B. an analysis of human exposure to ionizing radiation attributable to operation of the facility, taking account of the pathways of radioactive releases to humans;
C. the types and estimated amounts of nonradioactive solid and liquid wastes that would be produced;
D. the types and estimated amounts of nonradioactive gaseous and particulate emissions into the air that would occur during full operation from each emission source, and the location and nature of the release point;
E. locations that may be sources of fugitive dust and the nature of each source;
F. the nature and estimated amount of nonradioactive discharges to water, and the locations, routes, and final receiving waters for any discharge points;
G. any area from which runoff may occur, potential sources of contamination in the area, and receiving waters for any runoff;
H. the sources and estimated amounts of heat rejected by the facility; and
I. the maximum noise levels (in decibels, A scale) expected at the property boundary and the expected maximum increase over ambient noise levels.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 17 SR 1279
Minn. R. 7855.0560 Pollution Control and Safeguards Equipment
The applicant shall provide data regarding pollution control and safeguards equipment, including:
A. the provisions that would be made for management of radioactive materials;
B. a description of contingency plans to reduce the effects of an accidental release to radioactive materials;
C. the methods that would be used to recycle or dispose of solid or liquid wastes;
D. the types of emission control devices and dust control measures that would be used;
E. the types of water pollution control equipment and runoff control measures that would be used;
F. the measures that would be taken to prevent spills or leaks of pollutants, or to minimize the effects of spills or leaks on the environment;
G. the methods that would be used to reduce the effects of heat rejected by the facility;
H. any other equipment or measures, including noise control or erosion control, that would be used to reduce the effects of the facility on the environment; and
I. the types of environmental monitoring, if any, that are planned for the facility and a description of any relevant environmental monitoring data already collected.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0570 Estimates of Induced Developments
The applicant shall provide estimates of induced developments, including:
A. the types and amounts of vehicular traffic that would be generated by the facility due to construction activity and, later, to operational needs;
B. the work forces required for construction and for operation of the facility;
C. the extent to which the facility would create or add to the need for expanded utility or public services, including high voltage transmission lines, access roads, and the like;
D. the amount of water which would be appropriated and the amount that would be consumed by the facility, the expected source of the water, and the uses for the water;
E. the amount of agricultural land, including pasture land, that would be removed from agricultural use if the facility were constructed, and known circumstances associated with the facility that could lead to reduced productivity of surrounding agricultural land; and
F. the number of people that would have to relocate if the facility were constructed.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0600 Nuclear Waste, Disposal Facility; Description
Each application for a nuclear waste storage or disposal facility shall contain the following information:
A. a physical description of the facility, including:
B. data regarding design and construction of the facility, including:
C. data regarding operation and retirement of the facility, including:
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0610 Alternatives
Each application for a nuclear waste storage or disposal facility shall contain a description of alternatives available to the applicant that differ significantly from the proposed facility with respect to location, size, timing, or design. The description of each alternative shall include the following information, if applicable:
A. the location of the facility, to the fullest extent known;
B. the required land area, the height of the tallest structures, and if applicable, the depth and size of any underground caverns;
C. its design capacity in the appropriate units of measure;
D. a schematic drawing showing major components of the facility;
E. the probable date for commencing construction and the probable in-service date;
F. the estimated installed cost of the alternative in current dollars;
G. the sources, types, and amounts of nuclear waste products that would be involved in the alternative, the methods of transporting these materials, and the level of radioactivity of each in curies per year;
H. the estimated maintenance requirements of the alternative;
I. the estimated economic life of the facilities involved in the alternative; and
J. the reasons why the alternative was rejected.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0620 Historical and Forecast Data
Each applicant for a nuclear waste storage or disposal facility shall provide five years of historical data, as well as a forecast of demand through the forecast years. The following information shall be included:
A. for each material that would be stored in the proposed facility, the amount (in cubic meters) produced nationally and within Minnesota during each of the last five calendar years preceding the year of application;
B. for each of the last five calendar years preceding the year of application, the year-end capacity (in cubic meters) within Minnesota and within the United States to store the materials listed in response to item A;
C. an estimate of the amount (in cubic meters) of each material listed in response to item A expected to be produced nationally and within Minnesota during the first six forecast years, the 11th forecast year (the tenth year after the year of application), and the 16th forecast year;
D. a list of known facilities to be added in the United States during the forecast years, including locations, design capacities (in cubic meters), and in-service dates, for storing the same types of materials that would be stored in the proposed facility;
E. the expected years during which the material stored in the proposed facility would reach ten percent, 25 percent, 50 percent, and 100 percent of the capacity of the facility;
F. a discussion of the methodology, statistical techniques, and data bases used in providing the forecast data required by items C and E; and
G. any major assumptions made in supplying the information required by items A to E, and a discussion of the sensitivity of the information to changes in the assumptions.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0630 Environmental Information Required
Each applicant shall provide environmental data for the proposed facility and for each alternative facility described in response to part 7855.0610. The information in parts 7855.0640 to 7855.0670 relating to construction and operation of each of these facilities shall be provided to the extent that such information is reasonably available to the applicant and applicable to the particular alternative.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0640 Alternative Sites; Description
The applicant shall provide a description of each alternative site, including:
A. the nature of the terrain at the site;
B. the general soil types at the site;
C. the types and depths of bedrock underlying the site;
D. the depth to groundwater at the site;
E. the types of vegetation (forest, brush, marsh, pasture, and cropland) on the site, and the approximate percentage of each;
F. the predominant types of land use (such as residential, forest, agricultural, commercial, and industrial) within five miles of the site, and the approximate percentage of each;
G. lakes, streams, wetlands, or drainage ditches within five miles of the site, and any other lakes, streams, wetlands, drainage ditches, wells, or storm drains into which liquid contaminants from the site could flow;
H. trunk highways, airports, and air traffic corridors within five miles of the site;
I. national natural landmarks, national wilderness areas, national wildlife refuges, national wild and scenic rivers, national parks, national forests, national trails, and national waterfowl production areas within five miles of the site, as mapped on the inventory of significant resources by the State Planning Agency;
J. state critical areas, state wildlife management areas, state scientific and natural areas, state wild, scenic, and recreational rivers, state parks, state scenic wayside parks, state recreational areas, state forests, state trails, state canoe and boating rivers, state zoo, designated trout streams, and designated trout lakes within five miles of the site, as mapped on the inventory of significant resources by the State Planning Agency;
K. national historic sites and landmarks, national monuments, national register historic districts, registered state historic or archaeological sites, state historical districts, sites listed on the National Register of Historic Places, and any other cultural resources within five miles of the site, as indicated by the Minnesota Historical Society;
L. areas within five miles of the site designated by regional or local authorities as having recreational, cultural, historical, or scientific significance, as indicated by local units of government; and
M. the estimated total population within 50 miles of the site, and a map showing the distribution of the population within 50 miles of the site.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0650 Wastes and Emissions
The applicant shall provide data on wastes and emissions associated with construction or operation of the facility, including:
A. the types and estimated amounts of solid, liquid, and gaseous radioactive wastes that would be produced by the facility, and the level of radioactivity of each in curies per year;
B. an analysis of human exposure to ionizing radiation attributable to operation of the facility, taking account of the pathways of radioactive releases to humans;
C. the types and estimated amounts of nonradioactive solid and liquid wastes that would be produced;
D. the types and estimated amounts of nonradioactive gaseous and particulate emissions into the air that would occur during full operation from each emission source, and the location and nature of the release point;
E. locations that may be sources of fugitive dust and the nature of each source;
F. the nature and estimated amount of nonradioactive discharges to water, and the locations, routes, and final receiving waters for any discharge points;
G. any area from which runoff may occur, potential sources of contamination in the area, and receiving waters for any runoff;
H. the sources and estimated amounts of heat rejected by the facility; and
I. the maximum noise levels (in decibels, A scale) expected at the property boundary and the expected maximum increase over ambient noise levels.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115; 17 SR 1279
Minn. R. 7855.0660 Pollution Control and Safeguards Equipment
The applicant shall provide data regarding pollution control and safeguards equipment, including:
A. the provisions that would be made for management of radioactive materials;
B. a description of contingency plans to reduce the effects of an accidental release of radioactive materials;
C. the methods that would be used to recycle or dispose of solid or liquid wastes;
D. the types of emission control devices and dust control measures that would be used;
E. the types of water pollution control equipment and runoff control measures that would be used;
F. the measures that would be taken to prevent spills or leaks of pollutants, or to minimize the effects of spills or leaks on the environment;
G. the methods that would be used to reduce the effects of heat rejected by the facility;
H. any other equipment or measures, including noise control or erosion control, that would be used to reduce the effects of the facility on the environment; and
I. the types of environmental monitoring, if any, that are planned for the facility and a description of any relevant environmental monitoring data already collected.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
Minn. R. 7855.0670 Estimates of Induced Development
The applicant shall provide estimates of induced developments, including:
A. the types and amounts of vehicular traffic that would be generated by the facility due to construction activity and, later, to operational needs;
B. the work forces required for construction and for operation of the facility;
C. the extent to which the facility would create or add to the need for expanded utility or public services, including high voltage transmission lines, access roads, and the like;
D. the amount of water that would be appropriated and the amount that would be consumed by the facility, the expected source of the water, and the uses for the water;
E. the amount of agricultural land, including pasture land, that would be removed from agricultural use if the facility were constructed, and known circumstances associated with the facility that could lead to reduced productivity of surrounding agricultural land; and
F. the number of people that would have to relocate if the facility were constructed.
History
- Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
- History: L 1983 c 289 s 115
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