Briefing papers are available on the website one week prior to an Agenda Meeting and indefinitely after a meeting. To access briefing papers, go the Commission’s Calendar, select the Agenda meeting date you are interested in, select Agenda in the Details field and the Agenda will download to your computer.
If an Agenda item has briefing papers, you will be able to select Briefing Papers and those will be downloaded to your computer. The Commission routinely makes available to the public two paper copies of Commission briefing papers and discussion materials presented to Commissioners in the meeting room. Those materials are available only for use within the meeting room.
Individuals unable to print their own copies may request paper copies by emailing email@example.com or calling 651-296-0406 or toll free at 1-800-657-3782. We will make every attempt to ensure that copies are mailed at least 24 hours in advance. Upon request, parties to formal proceedings will receive one free copy of briefing materials; the charge for all other copies is 25 cents per page.
All filings are available via the Commission’s electronic document management system, eDockets. With a very robust search tool, you can easily access documents of interest by a variety of searches. To get started, here is how-to search for documents filed this week:
2. If you know the specific docket number, enter the Docket Number (for example, in Docket 12-1234, 12 is the year and 1234 is the number).
3. You can search for documents by docket number, document type (e.g., initial filings, orders, public comments), type of case (e.g., service area, general rate case), specific dates or date ranges. There is also a keyword search feature to help find documents related to a particular topic.
Electronic Filing Requirements: On March 27, 2007, Governor Tim Pawlenty signed into Minnesota Law Senate File 1294 (Minnesota Laws 2007, Chapter 10). Section 2 modifies Minnesota Statutes 2006, section 216.17 by adding subdivision 3:
Subd. 3. Filings with commission; manner of filing. As of January 1, 2008, any telephone company or telecommunications carrier subject to chapter 237; any public utility, cooperative association, or municipal utility subject to chapter 216B; and state agencies, shall file documents with the commission via the commission's electronic filing system. The executive secretary may approve an exemption from this requirement if an affected company or agency is unable to submit filings via the commission's electronic filing system. All parties, participants, or other interested persons shall submit filings to the commission via the commission's electronic filing system whenever practicable, but may also file by personal delivery or by mail.
Affected parties must comply with this requirement no later than January 1, 2008. To register in order to submit new documents, visit eFiling. All filings must comply with the Commission's Rules of Practice and Procedure, MN Rules Chapter 7829. Document size is strictly limited to 10MB per single submission. Parties filing electronically are not required to also file paper copies with the Commission and the Department of Commerce. Filers will need to continue to serve paper copies on parties on the relevant service list unless directed otherwise by the Commission or Office of Administrative Hearings. Incomplete filings will be rejected. Documents are filed with the Commission when received in the Commission offices during regular business hours of 8:00 a.m. to 4:30 p.m. Electronic submissions are also subject to the 4:30 p.m. deadline. Documents received after the close of business will be considered as received the following business day.
Please note that the eDockets/eFiling System may include documents that are not part of the official record for purposes of Minn. Stat. § 14.66 and Minn. R. Civ. App. 110.01 and 115.04, such as Commission minutes, notices and agendas.
Visit eFiling Help for a complete guide to electronic filing.
Filing Trade Secret
REVISED PROCEDURES FOR HANDLING TRADE SECRET
AND PRIVILEGED DATA
September 1, 1999
The Responsible Authority Designees of the Minnesota Public Utilities Commission
(“Commission”) and the Minnesota Department of Public Service (“Department”) (collectively “the
state agencies”) have adopted the following procedures for handling of trade secret and privileged data
filed with the Commission.
1. Definitions. “Trade secret data” means data filed with the Commission that
meets the definition of trade secret in the Minnesota Government Data Practices Act, Minnesota
Statutes section 13.37 (1998). “Privileged data” means data filed with the Commission that is
protected from disclosure pursuant to the rules of privilege recognized by law. “Protected data”
means trade secret or privileged data as defined above.
2. Procedure for Filing Trade Secret and Privileged Data. Consistent with
Minnesota Rule 7829.0500, subpt. 2 (1997), trade secret or privileged data filed with the
Commission shall be excised from all copies except for the original and six copies. A document
containing trade secret or privileged data does not itself become trade secret or privileged; only
the data within the document that meets the definition of trade secret or privileged data is
protected data that may be excised. In the event that all or a substantial portion of the data in a
document is excised, a statement must be filed describing the nature of the excised material, its
authors, its import, and the date on which it was prepared. See Minn. R. 7829.0500, subpt. 3
3. Identification of Trade Secret and Privileged Data. Minnesota Rule
7829.0500, subpt. 4 (1997) requires that filed documents containing protected data must be clearly marked as containing data that is not for public disclosure. This requirement is met
where the first page or cover page of the document is clearly captioned in bold print:
The rule also requires that every page on which protected data appears be similarly captioned,
and that the protected data on the page be somehow clearly identified. The requirement of
clearly identifying the protected data itself is met where the protected data is placed within
brackets and the beginning and end of the data is indicated. For example, trade secret data
should be placed within brackets as shown: [TRADE SECRET DATA BEGINS. . . TRADE
SECRET DATA ENDS]. Privileged data should be identified in the same manner.
The first page or cover page of copies of a document from which protected data has been
excised must be clearly captioned in bold print: PUBLIC DOCUMENT – TRADE SECRET
[or PRIVILEGED] DATA HAS BEEN EXCISED. The beginning and end of the excised
protected data must be identified within brackets in the same manner as when the protected data
has not been excised.
4. Statement Justifying Identification of Data as Trade Secret or Privileged. In
all cases where a person or entity files data with the Commission that is identified as trade secret
or privileged, 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
either meets the definition of a trade secret under Minnesota Statues section 13.37, or is
privileged under a rule of privilege recognized by law.
5. Access to Trade Secret or Privileged Data. Trade secret and privileged data is
nonpublic and shall be protected from disclosure to the public. Internal access to protected data is
limited to employees of the state agencies whose work assignments reasonably require access,
and to other agencies, entities, and the data subject as authorized by state statute and federal law.
See Minn. R. 1205.0400, subpt. 2 (1997).The state agencies exercise care in copying and storing
protected data to prevent improper data disclosure both within and outside of the agencies.
Consultants hired to aid the state agencies in the execution of their duties may also have
access to the data, and pursuant to statutory mandate will be contractually bound to handle the
data in accordance with the requirements of the Data Practices Act as if the consultant were a
government entity. See Act of May 25, 1999, ch. 250, art. 1, § 42, 1999 Minn. Laws (to be
codified at Minn. Stat. § 13.05, subd. 11). The state agencies will not be held responsible for the
actions of such a consultant if the consultant has contractually agreed to manage the data as
required by the Act and these procedures.
Access to protected data will also be given to those who have obtained the written
consent of the person or entity who filed the protected data with the state agencies. See Minn.
Stat. § 13.05, subd. 4(d) (1998).
6. Trade Secret and Privileged Data in Contested Cases or Rulemakings. In the
event that trade secret or privileged data filed with the state agencies becomes relevant to a
contested case or rulemaking hearing before the Office of Administrative Hearings, the protected
data shall not be disclosed or introduced into evidence without prior notice to the presiding
Administrative Law Judge for determination of the proper handling of the data. See Minn. Stat.
§ 14.60, subds. 1 and 2 (1998), and Minn. R. 1205.0100, subpt. 5 (1997).
7. Trade Secret and Privileged Data in Commission Meetings. All meetings where
the Commission transacts public business must be open to the public. See Minn. Stat. § 741.705 subd. 1(a) (1998).
Except as expressly authorized by law, meetings may not be closed to discuss “not public” data. Id. subd. 1d(a) and (e).
Minnesota Statues section 237.115 (1998) expressly authorizes the Commission to close a meeting to discuss data
that is subject to a protective order.
Where such an order exists, the Commission will close a meeting consistent with the
requirements of the order. Where trade secret or privileged data is not subject to a protective
order, the data will be discussed in the open meeting.
The Commission also has authority to issue protective orders. See Minn. Stat. §§ 14.60,
subds. 1 and 2 (1998); 216A.02, subd. 4 (1998); and 216A.05, subd. 1 (1998). Motions for a
protective order should be made only in those cases where protected data is reasonably likely to
be discussed in a Commission meeting. Therefore no such motions should be made until the
comment period is closed for the matter in which the data was filed. In the event a protection
order is sought, the motion should be filed no later than ten days after the due date for final reply
comments. The Commission will determine whether to issue a protective order that closes the
meeting after weighing the data privacy interests at stake against the Commission’s duty to
conduct public business is an open meeting.
8. Requests for Public Access to Trade Secret or Privileged Data. Upon receiving a
request for public access to protected data filed with the Commission, the Responsible Authority
Designee for the Commission will review the statement of justification originally filed with the
data to determine whether the data is indeed protected. If it is determined that the data is
protected, the data requester will be informed in writing that the data is not being disclosed and
the reasons for nondisclosure. If it is determined that any or all of the data is not protected, the
person or entity who filed that data will be informed in writing which data will be disclosed and
the reasons for disclosure. Access to the data at issue will not be provided, however, until 10
business days after the date of written notice of disclosure. The Commission’s Responsible
Authority Designee will inform both the data requester and the person or entity who filed the
data of their right to challenge the Responsible Authority Designee’s decision in district court
pursuant to Minn. Stat. § 13.08, subd. 4 (1998).
Meeting announcements and agendas are posted on the Commission's Calendar. Meetings are posted on the bulletin board located on the wall outside the Commission's Large Hearing Room. The Calendar will be updated as meetings are added, rescheduled or canceled.
Public hearing notices can be published as bill inserts, separate mailings, newspapers and other media outlets. No formal invitation or sign-up is required to attend public hearings. The Administrative Law Judge presiding over the hearing will call upon any members of the public that wishes to provide their opinion. Members of the general public do not need a lawyer to attend or make comment at a public hearing. Remember, the reason for the public hearing is to hear what YOU have to say. Please see the Commission's calendar for upcoming hearings.
General Service Lists include persons qualified to intervene under Minnesota Rules, Chapter 7829. Qualifying persons must file with the utility a written list of the types of filings they wish to receive. General service lists are updated annually. Official service lists for each proceeding consists of the names of the parties and participants who have filed a written request for inclusion on the service list. The Commission establishes the official service list at the conclusion of the initial comment period.
Service List Changes: Parties or participants who wish to change the name or address of any person receiving service on their behalf must provide written notice of the change to the Executive Secretary and to all persons on the official service list. All entities subject to Minnesota Statutes 2007, Section 216.17, Subdivision 3, must submit these requests via the commission’s electronic filing system. Please include the docket number(s) of the service lists needing to be changed. Names and addresses on items returned by the United States Post Office due to expired forwarding addresses will be removed from service lists on which they appear.
General Public Self-Subscribe: For those persons who are not formal parties or participants, you can still receive all documents formal parties receive by subscribing to a docket. To subscribe to a Docket and receive email notification when any documents are filed in a docket, follow steps below: