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Minnesota Public Utilities Commission to Amend Rules Governing Certificates of Need and Site Permits for Large Electric Power Plans and High Voltage Transmission Line, and Notice Plan Filing Requirements

10/11/2021 11:22:59 AM

Kate Kahlert

St. Paul, Minnesota — The Minnesota Public Utilities Commission (Commission) announced its intent to amend Minnesota Rules Chapters 7849 and 7850, to modify its rules governing certificates of need and site and route permits for large electric power plants and high-voltage transmission lines, and Part 7829.2550, to modify its rules governing notice plan filing requirements. 

For certificate of need applications, the proposed rule changes incorporate statutory amendments; repeal the rule requiring certificate of need notice plan filings; update notice requirements; shorten the timeframe for the Commission’s administrative determination on application completeness; establish updated application content requirements, including for independent power producers; and update the process governing the Environmental Report, which is required in certificate of need cases. The proposed rule amendments also require use of a process schedule that is designed to establish procedural review timelines on a case-by-case basis in a manner that is both project-responsive and consistent with applicable statutory deadlines. 

For site or route permit applications, the proposed rule amendments update existing notice requirements; establish pre-application procedures for transmission line projects; clarify and update environmental review requirements; and establish and update post-permitting requirements. The proposed rule amendments also require use of a process schedule, as described above. 

The Commission’s Notice of Intent to Adopt the proposed rule amendments, along with the proposed rules, have been published in the October 11, 2021 State Register. All documents related to this proposed rulemaking are available on the Commission’s website at https://mn.gov/puc/

Written comments on the proposed rules may be sent to Kate Kahlert, Supervising Attorney, Minnesota Public Utilities Commission, 121 7th Place E, Suite 350, St. Paul, Minnesota 55101-2147, by 4:30 p.m. November 17, 2021. Written comments are most effective when you identify: (1) the specific proposed rule parts you are addressing; (2) your specific recommendation; and (3) the reason for your recommendation. Please refer to Docket Number E, ET, IP-999/R-12-1246 in your comments. If 25 or more persons submit a written request for a public hearing within the comment period, a hearing will be held at 10:30 a.m. on Monday, December 6, 2021 via WebEx. All documents, including the proposed rule amendments, notice, and hearing information, are available on the Commission’s website at https://mn.gov/puc/activities/rulemaking/

About 

The Minnesota Public Utilities Commission regulates three cornerstone service industries in Minnesota's economy; electricity, natural gas and telephone. The Commission’s mission is to create and maintain a regulatory environment that ensures safe, adequate and efficient utility services at fair, reasonable rates consistent with State telecommunications and energy policies. It does so by providing independent, consistent, professional and comprehensive oversight and regulation of utility service providers. Learn more at mn.gov/puc Please contact Kate Kahlert, 651-201-2239 or kate.kahlert@state.mn.us if you have any questions. 

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