Chapter 216B — Minnesota Public Utilities Act

216B.01 Legislative Findings The state regulates public utilities to ensure reliable gas and electric service at fair prices for Minnesota consumers. 216B.013 This section number no longer contains operative statutory text. The material was renumbered to section 216B.8109. 216B.02 Definitions Defines key terms used throughout the public utilities chapter, including 'public utility' and 'commission.' 216B.022 Submetering in Shared-metered Residential Buildings This section governs submetering in residential buildings where multiple dwelling units share fewer utility meters than … 216B.023 Shared-metered Residential Buildings; Billing; Consumer Protections Sets billing rules and consumer protections for tenants in buildings with shared utility meters. 216B.024 Shared-metered Residential Buildings; Dispute Resolution Tenants who dispute utility bills in shared-meter buildings can file complaints with the PUC consumer affairs office. 216B.025 Municipal Regulation Option A city-owned utility can choose to be regulated by the Public Utilities Commission by passing a resolution. 216B.026 Cooperative Electric Association; Election on Regulation A cooperative electric association can vote to have its rates regulated by the Public Utilities Commission. 216B.027 Cooperative Electric Association Stockholder Rights Protects the rights of cooperative electric association stockholders to participate in their organization's operations. 216B.029 Standards for Distribution Utilities The PUC and each cooperative and municipal utility must adopt safety, reliability, and service quality standards. 216B.03 Reasonable Rate All utility rates must be fair and reasonable, favor energy conservation, and any doubt should benefit the consumer. 216B.04 Standard of Service Every public utility must provide safe, adequate, and efficient service within 90 days of a customer's request. 216B.045 Regulation of Intrastate Natural Gas Pipeline Regulates natural gas pipelines that operate entirely within Minnesota, including rate-setting and safety standards. 216B.05 Filing Schedules, Rules, and Service Agreements Public utilities must file all their rates, rules, and service agreements with the PUC for public inspection. 216B.06 Receiving Different Compensation Utilities cannot charge customers more or less than their filed rates, and customers cannot accept different rates. 216B.07 Rate Preference Prohibited Utilities cannot give unfair advantages or disadvantages to any customer in rates or service. 216B.075 Meter Reading; Customer Scheduling Needs Utilities must read meters at least every 18 months and offer evening or weekend readings for customers who need them. 216B.08 Duties of Commission The PUC has the power and duty to regulate all public utilities and can make rules to carry out utility laws. 216B.09 Standards; Classifications; Rules; Practices The PUC can set standards, classifications, and rules that utilities must follow for service quality. 216B.091 Monthly Reports Public utilities must report monthly data on residential customers, including past-due accounts and disconnections. 216B.095 Repealed section of public utilities law. 216B.0951 Propane Prepurchase Program The state runs a propane prepurchase program to help low-income households buy heating fuel at lower prices. 216B.096 Cold Weather Rule; Public Utility The Cold Weather Rule limits when a public utility can disconnect natural gas or electric heat for residential customers … 216B.097 Cold Weather Rule; Cooperative or Municipal Utility Municipal and cooperative utilities cannot disconnect heating service from October 1 to April 30 if the customer meets … 216B.0975 Disconnection During Extreme Heat Conditions A utility may not involuntarily disconnect residential service in affected counties while an excessive heat watch, heat … 216B.0976 Notice of Utility Disconnection Utilities must notify cities and the state when they disconnect a customer's gas or electric service. 216B.098 Residential Customer Protections This section gives residential utility customers several protections. Utilities must offer budget billing plans and … 216B.0991 Definitions Defines terms used in the propane consumer protection sections. 216B.0992 Price and Fee Disclosure Propane distributors must tell customers the per-gallon price and all fees before starting service. 216B.0993 Budget Payment Plan Propane distributors who offer budget payment plans must make them available to all customers, including low-income … 216B.0994 Propane Purchase Contracts Propane distributors cannot add extra fees to customers who prepurchased propane at a fixed price. 216B.0995 Terms of Sale A propane distributor with available supply cannot refuse to sell to a customer who pays the established price on … 216B.10 Accounting The Public Utilities Commission sets a system of accounts that public utilities must use, and a utility following a … 216B.105 Customer Share of Mercury Control Costs Electric utilities must show customers how much of their bill goes toward mercury emission control costs. 216B.11 Depreciation Rates and Practices The PUC sets depreciation rates for utility property, and utilities must follow those rates. 216B.12 Right of Entrance; Inspection The PUC and its staff can enter utility facilities during business hours to inspect equipment and records. 216B.13 Production and Examination of Records The PUC can require utilities to produce any business records, even from out of state, for review. 216B.14 Investigation The PUC can investigate any utility's condition and operations, either on its own or after receiving a complaint. 216B.15 Hearings; Examiner The PUC can hold hearings and designate members or employees as examiners to conduct those hearings. 216B.16 Rate Change; Procedure; Hearing Sets the procedure utilities must follow to change their rates, including notice, hearings, and PUC review. 216B.161 Area Development Rate Plan Allows utilities to offer lower rates to attract or retain businesses in areas with development needs. 216B.1611 Interconnection of On-site Distributed Generation Sets rules for connecting small on-site power generators like solar panels to the electric grid. 216B.1612 Repealed section of public utilities law. 216B.1613 Standardized Contract Utilities must file a standard contract for buying electricity from small power projects of 5 megawatts or less. 216B.1614 Electric Vehicle Charging Tariff Creates special electric rates for charging electric vehicles, including time-of-use pricing options. 216B.1615 Electric Vehicle Deployment Program Establishes a program for utilities to help deploy electric vehicles and charging infrastructure. 216B.162 Competitive Rate for Electric Utility Lets an electric utility offer a discounted "competitive rate" to a customer who could otherwise buy energy from a … 216B.1621 Electric Service Agreement When a large customer plans to build its own power plant, the utility can negotiate to keep serving that customer. 216B.1622 Service to Very Large Customers By December 15, 2026, the Public Utilities Commission must establish by order the definition and characteristics of a … 216B.1623 Clean Energy and Capacity Tariff Utilities must offer a clean energy tariff letting businesses choose to get their power from new clean energy sources. 216B.163 Flexible Tariff Lets the Public Utilities Commission approve a "flexible tariff" for a gas utility serving a class of customers that … 216B.1635 Recovery of Gas Utility Infrastructure Costs Gas utilities can recover costs of replacing aging natural gas infrastructure through a special rate rider. 216B.1636 Recovery of Electric Utility Infrastructure Costs Electric utilities can recover costs of replacing aging infrastructure through a special rate rider between rate cases. 216B.1637 Repealed section of public utilities law. 216B.1638 Recovery of Natural Gas Extension Project Costs Lets a natural gas public utility petition the Public Utilities Commission, outside of a general rate case, for a rider … 216B.164 Cogeneration and Small Power Production Encourages small power production and cogeneration by requiring utilities to buy power from qualifying facilities. 216B.1641 Community Solar Garden Allows groups of people to share the benefits of a solar energy system through community solar garden subscriptions. 216B.1642 Solar Site Management Solar site owners can plant native vegetation and pollinator habitat on ground-mounted solar installations. 216B.1645 Power Purchase Contract or Investment The Public Utilities Commission approves or rejects the power purchase contracts, investments, and expenditures a … 216B.1646 Rate Reduction; Property Tax Reduction Electric utilities must pass along property tax savings to customers through lower rates. 216B.1647 Property Tax Adjustment; Cooperative Association Regulated cooperative electric associations can file for rate adjustments to cover property tax changes. 216B.165 Repealed section of public utilities law. 216B.166 Cogenerating Power Plant This section addresses cogenerating power plants, where a public utility produces electricity and heat at the same time. … 216B.167 Performance-based Gas Purchasing Plan Gas utilities can use performance-based plans for purchasing gas, sharing savings and losses with customers. 216B.1675 Performance Regulation Plan for Gas Utility Service Allows gas utilities to use performance-based regulation instead of traditional rate cases to save costs. 216B.168 This section number contains no operative statutory text. The page shows only a source citation (1993 c 254 s 1), … 216B.1681 Curtailment Payments This section directed the Public Utilities Commission to conduct a study of curtailment payments for wind energy … 216B.169 Renewable and High-efficiency Energy Rate Options This section allows a utility (public, municipal, or cooperative) to offer customers one or more rate options that let … 216B.1691 Renewable Energy Objectives Sets Minnesota's renewable energy standard, requiring utilities to generate increasing percentages from renewable … 216B.1692 Emissions-reduction Rider This section let a public utility recover, through a rate rider outside of a general rate case, the costs of qualifying … 216B.1693 Repealed section of public utilities law. 216B.1694 Innovative Energy Project Provides a framework for approving innovative energy projects that use new generation technologies. 216B.1695 Environmental Projects; Advance Determination of Prudence Utilities can get advance approval for spending on projects to meet air quality standards, protecting cost recovery. 216B.1696 Competitive Rate for Energy-intensive, Trade-exposed Electric Utility Customer Creates competitive electric rates for large energy-intensive businesses that compete with companies in other states. 216B.17 Complaint Investigation and Hearing This section governs how the Public Utilities Commission investigates and holds hearings on complaints that a utility's … 216B.172 Consumer Disputes Establishes a process for resolving disputes between utility customers and their utility companies. 216B.18 Service of Notice PUC notices, complaints, and orders are served by personal delivery, electronic service, or mail. 216B.19 Joint Hearing and Investigation The PUC can hold joint hearings and investigations with other states' commissions and federal agencies. 216B.20 Separate Rate Hearing The PUC can hold separate hearings on different rate complaints and decide them at different times. 216B.21 Summary Investigation The PUC can investigate any utility rate or service concern on its own, even without a formal hearing. 216B.22 Municipality; Amicus Curiae Authority Cities with home rule charters can participate as a 'friend of the court' in PUC utility proceedings. 216B.23 Lawful Rate; Reasonable Service When the Public Utilities Commission finds that a utility's rates or its service practices are unjust, unreasonable, or … 216B.24 Construction of Major Facility; Filing Plans Public utilities must file plans with the PUC before building major facilities like large power plants or transmission … 216B.2401 Energy Savings and Optimization Policy Goal Minnesota's policy goal is to save at least 2.5% of annual retail energy sales through efficiency and conservation. 216B.2402 Definitions Defines the key terms used in Minnesota's energy conservation and optimization statutes, such as energy conservation, … 216B.2403 Consumer-owned Utilities; Energy Conservation and Optimization Sets energy conservation and optimization requirements for municipal utilities and cooperative electric associations. 216B.241 Public Utilities; Energy Conservation and Optimization Public utilities must run energy conservation and optimization programs, spending a set percentage of their revenue. 216B.2411 Distributed Energy Resources Utilities can use up to 5% of their conservation funds for small distributed energy generation projects. 216B.2412 Decoupling of Energy Sales From Revenues Decoupling separates a utility's revenue from the amount of energy it sells, removing the incentive to sell more energy. 216B.242 Repealed section of public utilities law. 216B.2421 Definition of Large Energy Facility Defines "large energy facility" for this section and sections 216B.2422 and 216B.243. It covers power generating plants … 216B.2422 Resource Planning; Renewable Energy Requires large utilities (those able to generate 100,000 kilowatts or more and serving 10,000 or more retail customers … 216B.2423 Wind Power Mandate Requires a public utility that operates a nuclear-powered electric generating plant in Minnesota to build, buy, or … 216B.2424 Biomass Power Mandate Requires a public utility that operates a nuclear-powered electric generating plant in Minnesota to build, buy, or … 216B.2425 State Transmission and Distribution Plan The PUC maintains a plan for high-voltage transmission lines and grid improvements across the state. 216B.2426 Opportunities for Distributed Generation The PUC must consider distributed generation opportunities in resource planning and transmission proceedings. 216B.2427 Natural Gas Utility Innovation Plans Gas utilities can file innovation plans to reduce greenhouse gas emissions using renewable gas and other new … 216B.2428 Lifecycle Greenhouse Gas Emissions Accounting Framework; Cost-benefit Test for Innovative Resources The PUC must create a framework for comparing greenhouse gas emissions and costs of innovative energy resources. 216B.243 Certificate of Need for Large Energy Facility Large energy facilities (power plants and transmission lines) need a certificate of need from the PUC before … 216B.244 Nuclear Plant Capacity Requirements A nuclear reactor that operates below 55% capacity for three straight years must be shut down within 500 days. 216B.2445 Decommissioning Nuclear Plant; Storing Used Fuel The PUC must evaluate the costs of decommissioning nuclear plants and storing used nuclear fuel. 216B.245 Pump and Store Hydropower Facility; Prohibition No state permits can be issued for a hydropower facility that would pump water from the Mississippi River bluffs. 216B.246 Federally Approved Transmission Lines; Incumbent Transmission Lineowner Rights Protects the rights of existing transmission line owners when federal agencies approve new transmission projects. 216B.25 Further Action on Previous Order The PUC can change, cancel, or reopen any previous rate or regulatory order at any time. 216B.26 Order; Effective Date PUC orders take effect 20 days after being filed and served, unless a different date is specified. 216B.27 Rehearing; Condition Precedent to Judicial Review Any affected party can ask the PUC for a rehearing within 20 days of a decision, which is required before court review. 216B.28 Subpoena; Witness Fee and Mileage The PUC can issue subpoenas, and witnesses at PUC hearings receive the same fees as witnesses in court. 216B.29 Hearing and Subpoena Compliance Powers The PUC can administer oaths and use contempt proceedings to compel compliance with subpoenas. 216B.30 Deposition The PUC or any party can take depositions in utility proceedings using the same rules as civil court cases. 216B.31 Testimony and Production of Records; Perjury No person can refuse to testify or produce books, documents, papers, or accounts before the commission when ordered to … 216B.32 Certified Copy of Document as Evidence Certified copies of PUC documents are accepted as evidence in the same way as the originals. 216B.33 Commission Ruling Written, Filed, and Certified All PUC orders must be in writing and kept in official records, and certificates of their status are valid evidence. 216B.34 Public Records All PUC decisions, transcripts, and orders are public records. 216B.35 Transcribed Record PUC hearings must have a complete record with all testimony transcribed by a reporter. 216B.36 Municipal Regulatory and Taxing Powers Cities can require utilities to get franchises and pay fees, including fees based on gross revenue from city operations. 216B.361 Township Agreement With Natural Gas Utility Townships can make agreements with gas utilities to provide service in their area, even if the land is later annexed by … 216B.37 Assigned Service Area; Electric Utility; Legislative Policy Minnesota is divided into exclusive electric service areas so each utility serves customers without overlap or … 216B.38 Definitions Defines terms used in the assigned service area provisions for electric utilities. 216B.39 Assigned Service Area This section sets how each electric utility's exclusive assigned service area gets established. Utilities had to file … 216B.40 Exclusive Service Right; Service Extension Each electric utility has the exclusive right to serve all current and future customers in its assigned service area. 216B.41 Effect of Incorporation, Annexation, or Consolidation When a city annexes an area, the existing electric utility keeps its service rights unless the city buys the utility's … 216B.42 Service Extension in Certain Situations Large customers outside cities with 2,000+ kilowatt loads can choose their electric utility under certain conditions. 216B.421 Homestead; Option of Electric Service If a customer's homestead has buildings or structures located in more than one assigned electric service area, the … 216B.422 Electricity Sales for Charging Electric Vehicles Selling electricity to charge electric vehicles does not violate exclusive service area rules if the power comes from … 216B.43 Hearing on Complaint This section sets the procedure for the Public Utilities Commission to act on electric service area disputes. When an … 216B.44 Municipal Service Territory Extension A municipal utility can buy an electric utility's facilities in newly annexed areas at fair market value. 216B.45 Municipal Purchase of Public Utility A public utility operating in a municipality under a license, permit, right, or franchise is deemed to have consented to … 216B.46 Municipal Acquisition Procedures; Notice; Election A municipality that wants to acquire a public utility's property under section 216B.45 must decide to do so by a … 216B.465 Voter Ratification of Municipal Purchase; Limited Application This section limits when the purchase and voter-ratification rules of sections 216B.45 and 216B.46 apply. Those rules … 216B.47 Acquisition by Eminent Domain This section confirms that a municipality may acquire a public utility's property through eminent domain, and sets the … 216B.48 Relations With Affiliated Interest This section governs a public utility's dealings with its "affiliated interests" (companies and people that own at least … 216B.49 Securities; Public Financing This section regulates how a public utility may raise capital by issuing securities or borrowing against its property. A … 216B.491 Definitions This section defines the terms used in sections 216B.491 to 216B.499, which let a natural gas utility finance the costs … 216B.492 Financing Order This section sets out the "financing order," the Public Utilities Commission order that lets a natural gas utility issue … 216B.493 Postorder Commission Duties This section sets the Public Utilities Commission's duties after it issues a financing order for extraordinary event … 216B.494 Use of Outside Experts This section lets the Public Utilities Commission hire outside consultants, counsel, and temporary staff experienced in … 216B.495 Extraordinary Event Charge; Billing Treatment A utility that issues extraordinary event bonds must show the extraordinary event charge as a separate line item titled … 216B.496 Extraordinary Event Property This section defines extraordinary event property as a present property right that exists once a financing order is … 216B.497 Extraordinary Event Bonds This section allows banks, trust companies, insurance companies, fiduciaries, and similar entities to legally invest … 216B.498 Assignee or Financing Party Not Subject to Commission Regulation This section provides that an assignee or financing party that is not already regulated by the Public Utilities … 216B.499 Effect on Other Laws This section sets the relationship between the extraordinary event bond provisions (sections 216B.491 to 216B.499) and … 216B.50 Restrictions on Property Transfer and Merger A public utility may not sell, acquire, lease, or rent any plant as an operating unit or system in Minnesota for a total … 216B.51 Stock Purchase A public utility may not purchase voting stock in another public utility doing business in Minnesota without first … 216B.52 Appeal Any party to a proceeding before the Public Utilities Commission, or any other person who is aggrieved by and directly … 216B.53 Suspension of Commission Order Filing an appeal does not by itself stop a Public Utilities Commission order from taking effect, but the court may stay … 216B.54 Legal Action Against Violation This section directs how violations of the utility laws or commission orders are enforced. When the commission or … 216B.55 This section has no operative statutory text. The page contains only the section number and a historical reference, … 216B.56 Burden of Proof This section sets the burden of proof for proceedings before the commission that seek to change or undo a commission … 216B.57 Penalty for Violation of Act This section sets the penalty for breaking the utility act. Anyone who knowingly and intentionally violates the law, or … 216B.58 Penalties; Construing Act, Omission, and Failure This section explains how to apply the penalty provisions of the utility act when an organization acts through its … 216B.59 Continuing Violation This section makes every violation of Laws 1974, chapter 429 or of any lawful order of the commission a separate and … 216B.60 Penalties Cumulative This section makes all penalties under Laws 1974, chapter 429 cumulative. Suing to recover one penalty does not bar or … 216B.61 Actions to Recover Penalties This section sets where penalty lawsuits under this chapter are filed. Actions to recover penalties must be brought in … 216B.62 Regulatory Expenses Sets rules for how the Department of Commerce funds its utility regulation activities through assessments on utilities. 216B.63 Interest on Assessment This section deals with unpaid regulatory assessments charged to a public utility. If an amount assessed is not paid … 216B.631 Compensation for Participants in Proceedings This section lets the Public Utilities Commission order a utility to reimburse the reasonable costs of certain … 216B.64 Attorney General's Responsibilities This section sets out the Attorney General's duties in support of the Public Utilities Commission and the Department of … 216B.65 Department to Employ Necessary Staff This section authorizes the Department of Commerce to hire the staff it needs to carry out the 1974 utility law. That … 216B.66 Construction This section is a rule of construction stating that the 1974 utility law stands on its own. Other Minnesota statutes are … 216B.67 Citation This section gives the law its short name. It provides that Laws 1974, chapter 429 may be cited as the "Minnesota Public … 216B.68 Definitions; Mercury Emissions Reduction This section defines the terms used in Minnesota's mercury emissions reduction program (sections 216B.68 to 216B.688). … 216B.681 Monitoring Mercury Emissions This section requires a public utility that owns or operates a qualifying facility to install and operate continuous … 216B.682 Mercury Emissions-reduction Plans This section requires a public utility that owns a coal unit at a qualifying facility to develop and submit a mercury … 216B.683 Mercury Emissions Reduction; Cost Recovery, Financial Incentives This section lets a public utility that must file a mercury emissions-reduction plan recover its costs through … 216B.684 Environmental Assessment of Mercury Emissions-reduction Plan This section requires the Minnesota Pollution Control Agency to evaluate a utility's mercury emissions-reduction plans … 216B.685 Mercury Emissions-reduction Plan Approval This section governs how the Public Utilities Commission reviews and approves a utility's mercury emissions-reduction … 216B.6851 Utility Option This section gives a public utility with fewer than 200,000 customers that owns two wet scrubbed units at a qualifying … 216B.686 Other Environmental Improvement Plans This section lets a utility that must submit mercury-reduction plans also propose plans for investments in pollution … 216B.687 Mercury Emissions Reduction Implementation, Operation This section governs how approved mercury-reduction plans are carried into permits and operated. The Pollution Control … 216B.688 Relationship to Other State Financial Requirements This section limits the additional costs a utility must bear once its mercury emissions-reduction plan is approved. A … 216B.72 Qualified Large-scale Data Center Fee This section requires the commissioner to collect an annual fee from a qualified large-scale data center, on a schedule … 216B.79 Preventative Maintenance This section lets the Public Utilities Commission order public utilities to make adequate infrastructure investments and … 216B.81 This section contains no operative statutory text. The page shows only the section number 216B.81 and a cross-reference … 216B.8109 This section contains no operative statutory text. The page shows only the section number 216B.8109 and a session-law … 216B.811 This section contains no operative statutory text. The page shows only the section number 216B.811 and a session-law … 216B.812 This section has no operative statutory text. The page body contains only the section number and a session-law reference … 216B.813 This section has no operative statutory text. The page body contains only the section number and a session-law reference … 216B.815 This section has no operative statutory text. The page body contains only the section number and a session-law reference … 216B.82 Local Power Quality Zones This section lets the Public Utilities Commission create a "local power quality zone" within an electric utility's …