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Full Process
Permitting Process
When large electric power plants and high voltage transmission lines are proposed in Minnesota, most need a permit from the Minnesota Public Utilities Commission (Commission) to build the facilities. During the process, the Department of Commerce - Energy Environmental Review and Analysis (EERA) team writes a report called an Environmental Impact Statement (EIS). This report helps people understand how the project might affect humans and the environment. The Commission gets the EIS from the EERA to help inform its decision.
To start, the Commission and the EERA hold public meetings to determine what alternatives should be studied. Then the EERA makes a draft version of the EIS and holds at least one public meeting where people can give their feedback and comments on this draft. The EERA will then update the EIS based on the feedback and comments it received and release the final version of the EIS.
After this, an Administrative Law Judge (ALJ) will hold at least one public hearing. At this hearing, people can present their opinions, provide evidence, and ask questions about the project. After all the hearings and reviews, the ALJ writes a detailed report summarizing everything.
The Commission then reviews this report, the EIS, and the entire record, then it holds another public agenda meeting, and makes the final decision on whether to issue a permit for the project and if the EIS studied what the Commission expected it to review.
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Permitting Timeline 1 year after the application is considered complete, but the timeline can be extended by three months for good cause or with the agreement of the applicant.
The PUC role: The Commission reviews applications, helps build the record, holds a public meeting, and the Commissioners make the final decision about whether to issue a site or route permit.
Who Is involved
Minnesota Public Utilities Commission
Department of Commerce - Department of Energy Resources
Department of Commerce - Energy Environmental Review & Analysis
Office of Administrative Hearings - Administrative Law Judge
To learn more about relevant statutes and rules, go to the Office of the Revisor of Statutes: Relevant Statutes: Minn. Stat. § 216E/Minn. Rules 7850 Permitting
Need more help?
Email publicadvisor.puc@state.mn.us
Call the Commission @651-296-0406
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Alternative Process
Permitting Process
In the alternative process, the Minnesota Department of Commerce Energy Environmental Review and Analysis (EERA) creates a report called an Environmental Assessment (EA) for the Minnesota Public Utilities Commission (the Commission). This report looks at how the proposed project might affect humans and the environment.
While making the EA, the EERA will hold a public meeting and open a period where people can submit their comments. This helps decide what should be included in the EA and what alternatives to consider.
Once the EA is finished, an administrative law judge (ALJ) will oversee a public hearing. At this hearing, people can give presentations, share evidence, and ask questions about the project. After the public comment period ends, the ALJ will write a report for the Commission.
The Commission will then review all the information, including the EA and the ALJ’s report and public comments, to decide whether or not to grant a permit for the project.
Click on image to view a larger and printer friendly version of the process graphic
Permitting timeline: 6 months after the application is considered complete, but the timeline can be extended by three months for good cause or with the agreement of the applicant.
The PUC role: The Commission reviews applications, helps build the record, holds a public meeting, and the Commissioners will make the final decision about whether to issue a site or route permit.
Who Is involved
Minnesota Public Utilities Commission
Department of Commerce - Department of Energy Resources
Department of Commerce - Energy Environmental Review & Analysis
Office of Administrative Hearings - Administrative Law Judge
To learn more about relevant statutes and rules, go to the Office of the Revisor of Statutes: Relevant Statutes: Minn. Stat. § 216E.04/Minn. Rules 7850.2800 to 7850.3900
Need more help?
Email publicadvisor.puc@state.mn.us
Call the Commission @651-296-0406
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Minor Alteration
Permitting process
A minor alteration is a small change to a large electric power plant or high voltage transmission line that doesn’t have a big impact on people or the environment.
If someone wants to make a minor alteration, they need to apply to the Commission. They must describe what changes they want to make and explain why these changes are considered minor.
Once the Commission gets this application, they must allow at least 10 days for people to give their opinions on the changes. After this comment period ends, the Commission will decide if the change is minor.
If the Commission thinks the change is minor, they can approve it and add any necessary conditions. If they decide the change is not minor, then the project will need a full permit review.
Permitting timeline: 90 Days
The PUC role: The Commission reviews applications for a minor alteration, helps build the record, and the Commissioners make the final decision about whether to issue a site or route permit.
Who’s involved
Minnesota Public Utilities Commission
Department of Commerce – Energy Environmental Review & Analysis Permit (DOC EERA)
Permit Applicant
To learn more about relevant statutes and rules, go to the Office of the Revisor of Statutes: Relevant Statutes: Minn. Stat. § 216E/Minn. Rules 7850.4800
Need More Help?
Email: publicadvisor.puc@state.mn.us
Call the Commission @ 651-296-0406
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Local Review
Permitting Process:
For certain projects, you can apply for a site or route permit from local government authorities. If the local government approves the permit, you don’t need a permit from the Minnesota Public Utilities Commission (Commission).
However, the local government can ask the Commission to make the permit decision instead. If the local government is reviewing the project, they must let the Commission know that someone is asking for local approval. They also need to send the Commission a copy of the environmental assessment they made for the project.
Permitting timeline: The local government will determine.
The PUC role: The Commission may not have a role in this process, unless requested by the local government.
Who’s involved
Minnesota Public Utilities Commission – if requested
Local Government Unit
Applicant
To learn more about relevant statutes and rules, go to the Office of the Revisor of Statutes: Relevant Statutes: Minn. Stat. § 216E.05/Minn. Rules 7850.5300
Need More Help?
Email: publicadvisor.puc@state.mn.us
Call the Commission @ 651-296-0406
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Amendment
Permitting process
The Commission can change the conditions in a permit for a large electric power plant or a high voltage power line on its own or if someone asks.
To request a change, a person must send a written application to the Commission, explaining what they want to change and why.
After the Commission receives this information, they will give at least 10 days for people to comment or ask the Commission to review the request. Once this comment period ends, the Commission will decide whether to approve the change or to discuss it further and what actions to take.
Permitting timeframe: 90 Days
The PUC role: The Commission reviews applications, helps build the record, and the Commissioners make the final decision about whether to issue a site or route permit.
Who’s involved
Minnesota Public Utilities Commission
Department of Commerce – Energy Environmental Review & Analysis Permit (DOC EERA)
Applicant for a permit amendment
To learn more about relevant statutes and rules, go to the Office of the Revisor of Statutes: Relevant Statutes: Minn. Stat. § 216E/Minn. Rules 7850.4900
Need More Help?
Email: publicadvisor.puc@state.mn.us
Call the Commission @ 651-296-0406
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Transfer
Permitting process:
If someone with a permit for a large electric power plant or high voltage power line wants to transfer their permit to another person or company, they need to follow these steps:
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Request Transfer: The current permit holder must tell the Commission the name of the current permit holder, the name and details of the new permit holder, why the transfer is needed, a description of the affected facilities, and when they want the transfer to happen.
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Provide New Owner Information: The proposed permit holder must give the Commission all the information needed to show they can follow the permit rules. The Commission may choose to hold a public meeting to let people share their thoughts about the permit transfer before making a decision.
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Decision: If the Commission decides that the proposed permit holder can meet the permit conditions, they will approve the transfer.
Permitting Timeline: 90 Days
The PUC role: The Commission reviews applications, helps build the record, and the Commissioners make the final decision about whether to issue a site or route permit.
Who’s involved:
Minnesota Public Utilities Commission
Department of Commerce – Energy Environmental Review and Analysis
Permittee
Proposed new owner
To learn more about relevant statutes and rules, go to the Office of the Revisor of Statutes: Relevant Statutes: Minn. Stat. § 216E/Minn. Rules 7850.5000
Need More Help?
Email: publicadvisor.puc@state.mn.us
Call the Commission @ 651-296-0406
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Revocation or Suspension
Process:
The Minnesota Public Utilities Commission (Commission) can start the process to revoke or suspend a permit on its own or if someone asks them to. To make this request, the person must provide a sworn statement and proof that a law or permit rule has been broken.
If the Commission starts this process, they must give the permit holder a chance for a hearing with an Administrative Law Judge.
If the Commission finds that a violation happened, they can:
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Revoke or Suspend the Permit: Cancel or temporarily stop the permit.
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Require Corrective Actions: Make the permit holder fix the problem to avoid revocation or suspension.
The PUC role: The Commission reviews, helps build the record, and the Commissioners will make the final decision about what appropriate action to take.
Who’s involved
Minnesota Public Utilities Commission
Department of Commerce – Energy Environmental Review and Analysis
Office of Administrative Hearings
To learn more about relevant statutes and rules, go to the Office of the Revisor of Statutes: Relevant Statutes: Minn. Stat. 216E.14/Minn. Rules 7850.5100
Need More Help?
Email: publicadvisor.puc@state.mn.us
Call the Commission @ 651-296-0406
