September 10 Draft

September 10 Draft
WORKING DRAFT – September 10, 2013
CHAPTER 7849
PUBLIC UTILITIES COMMISSION
CERTIFICATE OF NEED; POWER PLANT OR LINE
7849.0010
7849.0020
7849.0030
7849.0100
7849.0110
7849.0120
7849.0130
7849.0200
7849.0210
7849.0215
7849.0220
7849.0230
7849.0240
7849.0250
7849.0255
7849.0260
7849.0265
7849.0270
7849.0280
7849.0290
7849.0300
7849.0310
7849.0320
7849.0330
7849.0340
7849.0400
7849.1000
7849.1100
7849.1200
7849.1300
7849.1400
7849.1500
7849.1600
7849.1700
7849.1800
7849.1900
7849.2000
7849.2100
DEFINITIONS
PURPOSE.
SCOPE.
PURPOSE OF CRITERIA.
ALTERNATIVES CONSIDERATION.
CRITERIA.
PROJECT NOTICE.
APPLICATION PROCEDURES AND TIMING.
FILING FEES AND PAYMENT SCHEDULE.
PROCEEDINGS AND PUBLIC HEARING.
APPLICATION CONTENTS.
ENVIRONMENTAL REPORT.
NEED SUMMARY AND ADDITIONAL CONSIDERATIO NS.
PROPOSED LEGF AND ALTERNATIVES APPLICATION.
INDEPENDENT POWER PRODUCER LEGF APPLICATION.
PROPOSED LHVTL AND ALTERNATIVES APPLICATION.
TRANSMISSION COMPANY LHVTL APPLICATION.
PEAK DEMAND AND ANNUAL CONSUMPTION FORECAST.
SYSTEM CAPACITY.
CONSERVATION PROGRAMS, APPLICATION.
CONSEQUENCES OF DELAY.
ENVIRONMENTAL INFORMATION REQUIRED.
GENERATING FACILITIES.
TRANSMISSION FACILITIES.
NO-FACILITY ALTERNATIVE.
CERTIFICATE OF NEED CONDITIONS AND CHANGES.
APPLICABILITY AND SCOPE.
DEFINITIONS.
ENVIRONMENTAL REPORT.
INFORMATION REQUIRED FOR ENVIRONMENTAL REVIEW.
PROCESS FOR ENVIRONMENTAL REPORT PREPARATION.
ENVIRONMENTAL REPORT CONTENT.
AGENCY ASSISTANCE.
APPLICANT ASSISTANCE.
ENVIRONMENTAL REPORT TO ACCOMPANY PROJECT.
JOINT PROCEEDING.
ALTERNATIVE FORM OF REVIEW.
COSTS TO PREPARE ENVIRONMENTAL REPORT.
7849.0010 DEFINITIONS.
Subpart 1. Scope. For purposes of parts 7849.0010 to 7849.0400, the following definitions shall
The
terms used in this chapter have the meanings given them in this part.
apply.
Subp. 2. Adjusted net capability. "Adjusted net capability" means net generating capacity, minus
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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. 6a. Associated Facilities. “Associated Facilities” means buildings, equipment, and other
physical structures that are necessary to the operation of a large electric generating facility or large high
voltage transmission line, including other transmission lines directly associated with the facility that are
necessary to interconnect the plant to the transmission system.
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. 8a. Commissioner. “Commissioner” means the Commissioner of the Department of
Commerce.
Subp. 9. Construction. "Construction" means significant physical alteration of a site a n a r e a
to install or enlarge a large energy facility, but not including an activity incident to preliminary
engineering or environmental studies.
Subp. 9a. Department. “Department” means the Department of Commerce.
Subp. 9b. Environmental Report. “Environmental Report” means a written document that
describes the human and environmental impacts of a proposed large electric generating facility or large
high voltage transmission line and alternatives to the project and methods to mitigate anticipated adverse
impacts.
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. 12a. Independent Power Producer. “Independent power producer” means any person
engaged in the business of owning, operating, maintaining, or controlling in this state equipment or
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facilities for furnishing electric generation the generation of electric service in Minnesota but does not
include a public utility, municipal electric utility, municipal power agency, cooperative electric
association, generation and transmission cooperative power association, or any other entity serving end
user customers.
Subp. 13. LEGF; large electric generating facility. "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. LHVTL; large high voltage transmission line. "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 (3), 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. 24a. Region. “Region” means the state of Minnesota, neighboring states, as well as states or
Canadian provinces within the same regional transmission organization as Minnesota.
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Subp. 25. Seasonal adjusted net demand. "Seasonal adjusted net demand" means seasonal system
demand, minus firm purchases, plus firm sales. RTO. “RTO” means a regional transmission organization
regulated by the Federal Energy Regulatory Commission that includes Minnesota as a member state and
that has sufficient regional scope to exercise operational or functional control of facilities used for the
transmission of electric energy in interstate commerce and to ensure nondiscriminatory access to the
facilities.
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. Transmission
company. “Transmission company” means any person engaged in the business of owning or operating,
maintaining, or controlling in this state facilities for the purpose of furnishing electric transmission service
in Minnesota but does not include a public utility, municipal electric utility, municipal power agency,
cooperative electric association, generation and transmission cooperative power association, or any other
entity serving end user customers.
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 public utility, municipal electric utility, municipal power agency, cooperative electric
association, generation and transmission cooperative power association, transmission company or
independent power producer.
Subp. 33. Winter season. "Winter season" means the period from November 1 through April 30.
Statutory Authority: MS s 216B.08; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624; 26 SR 1438
Posted: October 13, 2009
CERTIFICATES OF NEED
7849.0020 PURPOSE.
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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.
Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
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.
Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
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.
Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
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. The Commission shall comply with the requirements contained in Minnesota Statutes, section
116D.04, subd. 6, governing prohibited state action significantly affecting the quality of the environment.
Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
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7849.0115 CRITERIA CERTIFICATE OF NEED REQUIREMENTS.
A certificate of need must be granted to the applicant on determining that:
Subpart 1. Need Demonstration. An applicant for a certificate of need must demonstrate that the
projected demand for electricity cannot be met using existing resources, or more cost effectively through
energy conservation and load-management measures, unless the applicant otherwise justifies its need.
Subpart 2. Renewable Resource Preferred. An applicant proposing a large energy facility that
generates electric power by means of a nonrenewable energy source or that transmits electric power
generated by means of a nonrenewable energy source must demonstrate that it has considered the use of
renewable energy sources, as required under Minnesota Statutes section 216B.243, subd. 3a.
7849.0120 CERTIFICATE OF NEED CRITERIA.
Assessment of Need Criteria. In evaluating a certificate of need application, the
commission shall consider, and make findings on, the criteria contained in Minnesota Statutes, section
216B.243, subd. 3, as well as the following:
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: the region;
(1) the accuracy of the applicant's forecast of demand for the type of energy that would be
supplied by the proposed facility;
(2) the effects of the applicant's existing or expected conservation programs and state and federal
conservation programs;
(3) the effects of promotional practices of the applicant that may have given rise to the
increase in the energy demand, particularly promotional practices which have occurred since 1974;
(4) B. the ability of current facilities and planned facilities not requiring certificates of need to
meet the future demand; and
(5) the effect of the proposed facility, or a suitable modification thereof, in making
efficient use of resources;
B C. whether the proposed project is a more reasonable and prudent than any proposed
alternative, to the proposed facility has not been as demonstrated by a preponderance of the evidence on the
record, considering:;
(1) D. the appropriateness of the size, the type, and the timing of the proposed facility
compared to those of reasonable alternatives;
(2) E. the cost of the proposed facility and the cost of energy to be supplied by the proposed
facility compared to the costs of reasonable alternatives and the cost of energy that would be supplied by
reasonable alternatives;
(3) F. the effects of the proposed facility upon the natural and socioeconomic environments
compared to the effects of reasonable alternatives; and
(4) G. the expected reliability of the proposed facility compared to the expected reliability of
reasonable alternatives;
C.
by a preponderance of the evidence on the record, the proposed facility, or a suitable
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modification of the facility, will provide benefits to society in a manner compatible with protecting the
natural and socioeconomic environments, including human health, considering:
(1) the relationship of the proposed facility, or a suitable modification thereof, to overall state
energy needs;
(2) H. the effects of the proposed facility, or a suitable modification thereof, upon the natural and
socioeconomic environments compared to the effects of not building the facility;
(3) I. the effects of the proposed facility, or a suitable modification thereof, in inducing
future development; and
(4) J. the socially beneficial uses of the output of the proposed facility, or a suitable
modification thereof, including its uses to protect or enhance environmental quality; and.
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.
Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
7849.0130 PROJECT NOTICE.
Subpart 1. Filings required, service requirements. At least three months before filing a certificate of
need application for a high-voltage transmission line or large electric energy facility 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 project. Applicants shall serve their proposed
plans on the following persons:
A. the department;
B. the Office of the Attorney General;
C. all persons on the "General List of Persons Interested in Power Plants and Transmission Lines"
maintained under part 7850.2100, subpart 1, items A and B;
D. those persons on any service list maintained by the commission for the proceeding; and
E. the U.S. Army Corps of Engineers.
Subpart 1. Notice. Basic requirements. At least 45 days but not more than 60 days before filing
a certificate of need application for a LHVTL or an LEGF under this Chapter, the applicant must provide
notice of its proposed project in the form and manner described in subparts 2 through 7.
Subpart 2. 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 initial comment period. Applicants shall
include with the proposed notice plan a clear and conspicuous notice of these comment periods.
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Subpart 2. Notice recipients. All projects. An applicant shall file notice of its proposed project
with the Commission and serve notice of its proposed project on the following:
A. the department;
B. the Office of the Attorney General;
C. all persons on the "General List of Persons Interested in Power Plants and Transmission Lines"
maintained under part 7850.2100, subpart 1, items A;
D. the U.S. Army Corps of Engineers;
E. the U.S. Fish and Wildlife Service;
F. other state agencies, including the following:
(1) the Department of Natural Resources;
(2) the Pollution Control Agency;
(3) the Department of Transportation;
(4) the Department of Agriculture;
(5) the Department of Health;
(6) the Office of Pipeline Safety;
(7) Board of Water and Soil Resources;
(8) the Minnesota Historical Society; and
(9) the Environmental Quality Board.
G. tribal governments, towns, townships, statutory cities, home rule charter cities, incorporated
municipalities, watershed districts, regional development commissions, and counties adjacent to and within
ten miles of a proposed project footprint of an LEGF.
H. tribal governments, towns, townships, statutory cities, home rule charter cities, incorporated
municipalities, regional development commissions, and counties along the route of a proposed LHVTL.
Subp. 3 . Notice. LHVTL. Notice of an LHVTL must be served on the following:
A. landowners, based on county tax assessment rolls, reasonably likely to be affected by the proposed
transmission line;
B. landowners, based on county tax assessment rolls, whose properties are along the proposed routes.
Subp. 4. Notice. LEGF. Notice of a LEGF must be served on the following:
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A. landowners, based on county tax assessment rolls, within the proposed project footprint and within onehalf mile of the proposed project footprint.
Subp. 5 . Notice content. The notice m u st i n c l u d e the following information:
A. for an LHVTL:
(1) a map showing:
(i) the end points of the line and existing transmission facilities in the area,
including transmission facilities 69 kilovolts or greater; and
(ii) shaded-in areas showing possible routes.
(2) a description of general right-of-way requirements for a line of the size and voltage proposed
and a statement on whether the applicant intends to acquire property rights for the right-of-way that the proposed
line will require;
B. for an LEFG:
(1) a map showing the location of the proposed facility;
(2) a description of the proposed project that identifies the proposed fuel source and includes the
approximate size of the proposed facility; and
(3) a description of general right-of-way requirements for a facility of the size proposed and a
statement that the applicant intends to acquire property rights for the right-of –way that the proposed facility will
require.
C. for all projects:
(1) a notice that the line or facility cannot be constructed unless the commission certifies that it
is needed;
(2) the commission's mailing address, telephone number, and website and a brief explanation of how
to get on the mailing list for the commission’s proceeding;
(3) if the applicant is a utility subject to Minnesota Statutes section 216B.2425, the address of the
website on which the applicant has posted its most recent biennial transmission projects report;
(4) a statement that the department will be preparing an environmental report on each high
voltage transmission line or large energy facility for which certification is requested;
(5) a statement that requests for certification of high-voltage transmission lines or large electric
generating facilities are governed by Minnesota law, including specifically chapter 7 8 4 9 and Minnesota Statutes,
section 216B.243.
(6) a statement that public meetings will be held by the commissioner and the Commission and that
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the public will have an opportunity to ask questions about the project and to suggest alternatives and impacts to address
in the environmental report.
(7) a statement informing the public of where copies of the pertinent information are available for
review and how copies are obtained.
Subp. 6. Newspaper notice. An applicant shall publish in newspapers of general circulation notice to
members of the public in each county where a project is proposed. The notice must include a description of the
proposed project and where to obtain additional project information. The notice must also include a list of the counties
identified on the map required under subp. 7.
Subp. 7. Press release. An applicant shall send notice of the proposed project in the form of a press release
to at least one radio station in each county where the proposed project will be located. The press release must include:
A. the intended application filing date;
B. a description of the location of the proposed project and its infrastructure;
C. for an LEGF, the proposed fuel source type for the project;
D. a statement that the proposed project could affect landowners and residents in the project area, including
possible use of eminent domain proceedings;
E. a description of where to obtain the application and further information about the proposed project; and
F. information on how to contact the Commission for information on public participation in the
Commission’s proceeding.
Subp. 6 . 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 project.
Subp. 8 . Notice time frames. The applicant shall implement the proposed notice plan within 30 days
of its approval by the commission.
Subp. 8. Good faith sufficient. The commission shall not deny a request for certification of LHVTL or
LEGF 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.
Where notice was defective, the Commission shall determine whether to reject an application as incomplete, to
suspend the proceedings, to extend the time for certificate of need proceedings, or to direct the applicant to provide
proper notice. The Commission shall adjust the schedule with notice to affected parties to allow reasonable time and
opportunity to participate.
Subp. 9. Compliance filing. The applicant shall file a compliance filing within thirty days from the date of
providing notice. The filing must include:
A. a copy of the notice sent under subparts 2 through 4 and a service list that includes the names and
addresses of those persons
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to whom the notice was sent;
B. each affidavit of publication by newspaper;
C. a copy of the press release sent and a list of the stations where it was sent; and
D. a map or other graphical representation of the area in which the applicant served notice of the
proposed project under subparts 2 through 4.
7849.0200 APPLICATION PROCEDURES AND TIMING FORM AND MANNER OF FILING.
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. Electronic filing. An applicant subject to the electronic
filing requirements contained in Minn. Stat. § 216.17, subd. 3, must follow those filing procedures when
filing a certificate of need application.
Subp. 2. Copies, title, table of contents Non-electronic filing. An applicant who does not
file an application electronically must file The the original and 13 three copies of the application
must be filed with the commission. The applicant shall serve copies of the filing on the department
and the Office of the Attorney General and 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 printed on 8-1/2 inch by 11 inch paper except for
drawings, maps, and similar materials.
Subp. 3. Form. 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 in this
Chapter. 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. 4 5. Cover letter and summary. An application for a certificate of need must be
accompanied by a cover letter signed by an authorized officer or agent of the application. The cover letter
must specify the type of facility for which a certificate of need is requested. The application must also
include, on a separate page, a brief summary of the filing, sufficient to apprise potentially interested parties of the
nature of the application and its general content.
Subp. 3 4. Changes to application. After an application is filed, s u p p l e m e n t a l f i l i n g s ,
changes, or corrections to the application must comply with subpart 2 as to the number of copies and
size of documents with this rule part. In addition, eEach page of containing 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 with the commission. If there is no proceeding pending
before an administrative law judge, the filing must be made with 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 and summary. An application for a certificate of need must be
accompanied by a cover letter signed by an authorized officer or agent of the application. The cover letter
must specify the type of facility for which a certificate of need is requested. The application must also
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include, on a separate page, a brief summary of the filing, sufficient to apprise potentially interested parties of the
nature of the application and its general content.
Subp. 6. Service. The applicant shall serve copies of the filing on the department and the
Office of the Attorney General and 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.
Subp. 7. Docket Number. If the applicant has obtained a docket number from the commission
prior to filing its application, the applicant must include the docket number on the title page of the
application. The docket number must be included in a prominent location on other documents filed as part
of the application.
Subp. 5 8 . 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.
Within ten days of receipt of an application for a certificate of need, the commission shall determine
whether the application is complete and notify the applicant in writing of the acceptance or rejection of the
application. The commission delegates to its staff the authority to make the initial determination of
completeness and to notify the applicant in writing of the decision. If the application is not complete,
staff shall set the matter for an expedited commission agenda meeting for further review. If the matter is
subsequently resolved between the applicant and commission staff, the item must be pulled from the
agenda.
Subp. 6 9. Exemptions. Before submitting an application, a person is exempted from any
data requirement of parts 7849.0010 .0220 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.
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 LEGF’s; or $10,000 plus $40 per kilovolt of design voltage for LHVTL’s; 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.
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Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
7849.0215 PROCEEDINGS AND PUBLIC HEARING.
Subp. 1 . Publication in State Register. The commission shall publish notice of the certificate of need
filing in the State Register.
Subp. 2 . Solicitation of comments on filing compliance. The commission shall request comments on the
merits of the application and procedural treatment of the filing. Initial comments must be filed within 45 days of the filing of
the application and reply comments must be filed within 20 days of the expiration of the initial comment period. The
commission may delegate the authority to request these comments to the executive secretary.
Subp. 3 . 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. Once a filing is referred for a contested case proceeding, the rules of the Office of Administrative Hearings
shall control intervention rights.
Subp. 4. Public hearing. If the commission decides to act on the application through an informal proceeding
under Chapter 7829, 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 contested case proceedings, the
commission shall ensure that at least one public hearing is held. The applicant shall provide representatives at the
public hearing who can respond to questions about the proposed project.
7849.0220 APPLICATION CONTENTS.
Subpart 1. Large electric generating facilities (LEGF). All Applicants. Each application must
contain the following:
A, a statement that the applicant has complied with the notice requirements contained in part
7849.0130; 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.
B. a summary of the major factors that justify the need for the proposed project;
C. a description of how the proposed project meets the requirements under part 7849.0115;
D. an analysis of the proposed project using the criteria in part 7849.0130, including how the
proposed project compares to reasonable alternatives; and
E. the information required by parts 7849.0250 through 7849.0340, according to the type of
application filed.
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Subp. 2. Large high voltage transmission lines (LHVTL). Regional Transmission Planning. 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. Each application must
contain a description of applicable regional planning information, including:
A. regional planning processes that identified the need for the proposed project;
B. regional transmission planning promotional practices affecting the claimed need for the proposed
project;
C. a statement on whether the facility is part of an approved RTO regional or interregional plan,
and if so, a copy of, or electronic link to, the plan; and
D. data from the RTO on planned additions or retirements that are relevant to the need for the
proposed project.
Subp. 3. Joint Proceedings. The application must include a statement of when the applicant intends
to file a site or route permit application for the proposed project and whether the applicant recommends
holding joint proceedings under Minn. Stat. § 216B.243, subd. 4.
Subp. 4. 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.
Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
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.
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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.
Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
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.
Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
7849.0250 PROPOSED LEGF AND ALTERNATIVES APPLICATION.
An application for a proposed LEGF must include:
A. a description of the facility, including:
(1) the nominal generating capability of the facility, as well as a discussion of the effect of the
economies of scale on the facility size and timing;
(2) a description of the anticipated operating cycle, including the expected annual
capacity factor;
(3) the type of fuel used, including the reason for the choice of fuel, projection of the
availability of this fuel type over the projected life of the facility, and alternate fuels, if any;
(4) for fossil fuel facilities, the anticipated heat rate of the facility; and
(5) to the fullest extent known to the applicant, the anticipated areas where the proposed
facility could be located;
(6) a map of appropriate scale showing the applicant’s system; if the applicant does not own or
operate an electric system, the applicant shall provide a map of the area including the proposed facility;
and
(7) a list of any state or federal energy mandates the facility is designed to satisfy and an
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explanation of the relationship between the proposed project and the mandates.
B. a discussion of the availability of alternatives to the facility, including but not limited to:
(1) purchased power;
(2) increased efficiency of existing facilities, including transmission lines;
(3) new transmission lines;
(4) new generating facilities of a different size or using a different energy source (fuel
oil, natural gas, coal, nuclear fission, and the emergent technologies, and renewable resources); and
(5) demand-response programs;
(6) distributed generation;
(7) a no-build alternative; and
(5) (8) any reasonable combinations of the alternatives listed in subitems (1) to (4 7);
C. for a renewable LEGF designed to meet state or federal renewable energy standards, a
discussion of the availability of alternatives under item B is limited to only those alternatives that are eligible
to meet state or federal renewable energy standards; and
C D. 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:
(1) its capacity cost in current dollars per kilowatt;
(2) its service life;
(3) its estimated average annual availability and capacity factor;
(4) its fuel costs in current dollars per kilowatt hour;
(5) its variable operating and maintenance costs in current dollars per kilowatt hour;
(6) the total cost in current dollars of a kilowatt hour provided by it;
(7) an estimate of its effect on rates systemwide and in Minnesota, assuming a test year
beginning with the proposed in-service date; the estimate of the present value of the revenue requirement
of the proposed facility;
(8) for a fossil-fuel facility or a transmission facility, its efficiency, expressed for a
generating facility as the estimated heat rate, or expressed for a transmission facility as the estimated
losses under projected maximum loading and under projected average loading in the length of the
transmission line and at the terminals or substations; and
(9) the major assumptions made in providing the information in subitems (1) to (8),
including projected escalation rates for fuel costs and operating and maintenance costs, as well as projected
capacity factors;
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
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determination of need.
Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
7849. 0255 INDEPENDENT POWER PRODUCRER LEGF APPLICATION. An independent power
producer proposing an LEGF shall provide relevant data in the following manner.
Subp. 1. Utility data. If the applicant has entered into a power purchase agreement with a utility
serving end user customers, the applicant must provide the data required under part 7849.0250 and parts
7849.0270 – 7849.0300 from the utility for the proposed facility.
Subp. 2. Relevant available data. If the applicant has not entered into a power purchase
agreement with a utility serving end user customers and does not have access to the data required under part
7849.0250 and parts 7849.0270 -.0300, the applicant must provide the following:
A. data on regional capacity with a description of the data source relied upon and the time
period covered by the data;
B. the regional availability of renewable resources and the source relied upon for the data:
C. for a proposed renewable LEGF intended to satisfy renewable energy standards, planning
studies relied upon by the applicant to demonstrate the need for renewable generation to meet those
standards;
D. alternative approaches for supplying the energy;
E. impacts on Minnesota ratepayers; and
F. evidence of the facility’s ability to maintain electric system reliability.
Subp. 3. Subsequent Power Purchase Agreement. An applicant who enters into a power purchase
agreement with a utility serving end user customers after filing an application under this Chapter and prior
to certification of the facility shall immediately file a copy of the agreement with the commission and the
department.
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:
(1) the design voltage;
(2) the number, the sizes, and the types of conductors;
(3)
the expected system losses under projected maximum loading and under projected
average loading and a description of the system or portion of the system affected; in the length of
the transmission line and at the terminals or substations;
(4) the approximate length of the proposed transmission line and the portion of that length
in Minnesota;
(5) the approximate location of DC terminals or AC substations, which information shall
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be on a map of appropriate scale; and
(6) a list of all counties reasonably likely to be affected by construction and operation of the
proposed line;
B. a discussion of available regional planning and reliability information, including:
(1) the most recent RTO regional planning study that includes the project;
(2) the status of the proposed project with the RTO.
C. a discussion of reliability risks the proposed line is intended to address, including:
(1) a link to the website address of the most recent reliability report from the North American
Electric Reliability Corporation;
(2) the most recent electric stability study approved by the RTO;
B D. a discussion of the availability of alternatives to the facility, including but not limited to:
(1) new generation of various technologies, sizes, and fuel types;
(2) upgrading of existing transmission lines or existing generating facilities;
(3) transmission lines with different design voltages or with different numbers, sizes, and types
of conductors, and capacity express in MVA;
(4) transmission lines with different terminals or substations;
(5) double circuiting of existing transmission lines;
(6) if the proposed facility is for DC (AC) transmission, an AC (DC) transmission line;
(7) if the proposed facility is for overhead (underground) transmission, an underground
(overhead) transmission line;
(8) lower voltage options under 100 kV, including low-voltage transmission lines;
(9) a no-build alternative; and
(8 10) any reasonable combinations of the alternatives listed in subitems (1) to (7);
C E. for the proposed facility and for each of the alternatives provided in response to item B C
that could provide electric power at the asserted level of need, a discussion of:
(1) its total cost in current dollars;
(2) its service life;
(3) its estimated average annual availability;
(4) its estimated annual operating and maintenance costs in current dollars;
(5) the estimate of the present value of the revenue requirement of the proposed project and an
estimate of its effect on rates systemwide and in Minnesota, assuming a test year beginning with the
proposed in-service date;
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(6)
its efficiency, expressed for a transmission facility as the estimated losses under
projected maximum loading and under projected average loading in the length of the transmission line and
at the terminals or substations, or expressed for a generating facility as the estimated heat rate; and
(7 6) the major assumptions made in providing the information in subitems (1) to (6 5); and
D F. 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.
7849.0265 TRANSMISSION COMPANY LHVTL APPLICATION.
If the applicant is a transmission company and does not have access to the data required under part
7849.0260 and parts 7849.0270 -.0300, the applicant must provide the following:
(A) the cost allocation calculation by the RTO for the proposed project;
(B) the costs that will be allocated to Minnesota utilities for the proposed project;
(C) an analysis of how the proposed project will alleviate transmission constraints;
(D) an analysis of how the proposed project will enable delivery of existing energy and how it will
support development of additional generation;
(E) historical and forecasted load factor data;
(F) average system weekday load factor data;
(G) an analysis of the need for additional transmission capacity to serve future renewable energy
projects;
(H) a discussion of RTO energy markets and the effects of congestion on wholesale prices;
(I) information on recent curtailment and electrical system constraint hours in the proposed project
area;
(J) a discussion of how the proposed project will affect existing constraints of future renewable
energy development in the proposed project area and whether the proposed project will increase generation
outlet in the region;
(K) a discuss of the potential impacts of delaying the proposed project on generational support,
renewable energy mandates, delivery congestion, and regional system reliability.
(L) substation specific information, including:
(1) a list of applicant-owned and non-owned distribution and transmission substations in the
proposed project area;
(2) substation load data for the substations identified above; and
(3) explanations on the effects of congestion on locational marginal pricing.
Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
7849.0270 PEAK DEMAND AND ANNUAL CONSUMPTION FORECAST METHODOLOGY, DATA
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BASE, AND ASSUMPTIONS.
Subpart 1. Scope. Each application shall contain pertinent data concerning peak demand (e.g.,
the applicant’s system peak demand by month) and annual electrical consumption within the applicant's
service area and system (e.g., the applicant’s hourly consumption data of its load profile). as
provided in part 7849.0220, including but not limited to the data requested in subpart 2, item B. Peak
demand data must include data on the project area where the need is claimed by either zip code or by feeder
substation. The applicant must also identify the number of interruptible load customers in the proposed project
area. 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 identify 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:
(1) farm, excluding irrigation and drainage pumping (for reporting purposes, any tract of
land used primarily for agricultural purposes shall be considered farm land);
(2) irrigation and drainage pumping;
(3) nonfarm residential (when electricity is supplied through a single meter for both
residential and commercial uses, it shall be reported according to its principal use, and apartment buildings
shall be reported as residential even if not separately metered);
(4) commercial (this category shall include wholesale and retail trade; communication
industries; public and private office buildings, banks, and dormitories; insurance, real estate and rental
agencies; hotels and motels; personal business and auto repair services; medical and educational facilities;
recreational, social, religious, and amusement facilities; governmental units, excluding military bases;
warehouses other than manufacturer owned; electric, gas, water and water pumping, excluding water
pumping for irrigation, and other utilities);
(5) mining;
(6) industrial (this category shall include all manufacturing industries, construction
operations and petroleum refineries);
(7) street and highway lighting;
(8)
electrified transportation (this category shall include energy supplied for the
propulsion of vehicles, but shall not include energy supplied for office buildings, depots, signal lights or
other associated facilities that shall be reported as commercial or industrial);
(9) other (this category shall include municipal water pumping facilities, oil and gas
pipeline pumping facilities, military camps and bases, and all other consumers not reported in subitems
(1) to (8)); and
(10) the sum of subitems (1) to (9);
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
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B; and
D. the applicant's system peak demand by month;
E. the estimated annual revenue requirement per kilowatt hour for the system in current dollars;
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. the
applicant’s hourly consumption data of its load profile;
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 or study employed to obtain the its forecasts and output provided under
subpart 2, including:
A. the overall methodological framework that is used;, including:
(1) the base case model, such as a power-flow study in the case of a proposed LHVTL or a
capacity expansion model in the case of an LEGF;
(2) the name of the model used, the source, and the year or years modeled;
(3) a list of all modifications made to the base case models, such as lines added, generators
removed, or load changed;
(4) a list of performance criteria and planning standards used;
(5) a list of contingencies modeled and facilities monitored;
(6) the method of power transfer simulated, such as generation to generation; and
(7) the conditions modeled, such as summer peak, shoulder peak, winter peak;
(8) for an LHVTL, the following in the form of an electronic spreadsheet:
(i) the software input data, such as load bus data and generator bus data;
(ii) the software output data, such as voltage magnitude and angle;
(9). for an LEGF, the software input and output data in the form of an electronic spreadsheet;
(10) for each type of analysis performed, the study report, including detailed results, as well as
key findings and conclusions,
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:
(1) the purpose of the technique; the software used in forecasting;
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(2) typical computations (e.g., computer printouts, formulas used), specifying variables
and data; and the statistical model used;
(3) the results of appropriate statistical tests; and
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:
(1) its strengths and weaknesses;
(2) its suitability to the system;
(3) cost considerations;
(4) data requirements;
(5) past accuracy; and
(6) other factors considered significant by the applicant; and
G E. 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:
(1) the nature of the adjustment;
(2) the reason for the adjustment; and
(3) the magnitude of the adjustment.
The applicant shall provide to the commission or the administrative law judge file in the form of an electronic
spreadsheet that can be used to replicate the result of the forecast, on demand copies of the data sets used in
making the forecasts, including both raw and adjusted data, input and output data.;
C. an estimate of the present value of the revenue requirement of the proposed project;
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; sources, sinks, and
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dispatch assumptions (e.g, economic dispatch assumptions);
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; and
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.
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; 12 SR 2624; 17 SR 1279
Posted: October 13, 2009
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; the
applicant’s reserve margins and the method of determining the reserve margins;
B. the applicant's seasonal firm purchases and seasonal firm sales for each utility involved in
each transaction for each of the forecast years; the applicant’s total system capacity, including:
(1) generation owned by the applicant;
(2) generation purchased by the applicant; and
(3) the applicant’s existing exchange agreements.
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,
23
sales, capacity retirements, and capacity additions, except those that depend on certificates of need not yet
issued by the commission:
(1) seasonal system demand;
(2) annual system demand;
(3) total seasonal firm purchases;
(4) total seasonal firm sales;
(5) seasonal adjusted net demand (subitem (1) minus subitem (3) plus subitem (4));
(6) annual adjusted net demand (subitem (2) minus subitem (3) plus subitem (4));
(7) net generating capacity;
(8) total participation purchases;
(9) total participation sales;
(10) adjusted net capability (subitem (7) plus subitem (8) minus subitem (9));
(11) net reserve capacity obligation;
(12) total firm capacity obligation (subitem (5) plus subitem (11)); and
(13) surplus or deficit ( - ) capacity (subitem (10) minus subitem (12));
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.
Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
7849.0290 CONSERVATION PROGRAMS, APPLICATION.
An application must include:
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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 as an alternative to the project, 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.
A summary of the information filed by the applicant in its integrated resource plan filing under
Minn. R. Chapter 7843, its conservation improvement plan filing under Minn. Stat. § 216B.241, subd.
1b(g), and its extended forecast filing under Minn. R. Chapter 7610.
Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
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.
Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
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.
Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
25
History: L 1983 c 289 s 115
Posted: October 13, 2009
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:
(1) the expected regional sources of fuel for the facility;
(2) the typical fuel requirement (in tons per hour, gallons per hour, or thousands of cubic feet
per hour) during operation at rated capacity and the expected annual fuel requirement at the expected
capacity factor;
(3) the expected rate of heat input for the facility in Btu per hour during operation at rated
capacity;
(4) the typical range of the heat value of the fuel (in Btu per pound, Btu per gallon, or
Btu per 1,000 cubic feet) and the typical average heat value of the fuel; and
(5) the typical ranges of sulfur, ash, and moisture content of the fuel;
D. for fossil fueled facilities:
(1) the estimated range of trace element emissions and the maximum emissions of sulfur
dioxide, nitrogen oxides, and particulates in pounds per hour during operation at rated capacity; and
(2)
the estimated range of maximum contributions to 24-hour average ground level
concentrations at specified distances from the stack of sulfur dioxide, nitrogen oxides, and particulates
in micrograms per cubic meter during operation at rated capacity and assuming generalized worst-case
meteorological conditions;
E. water use by the facility for alternate cooling systems and expected evaporative losses,
including:
(1) the type of water that will be used for cooling and the source;
(2) the withdrawal intensity (the gallons of water withdrawn per kilowatt hour);
(3) the consumption intensity (the gallons of water consumed per kilowatt hour);
(4) the method used to determine withdrawal and consumption intensity levels;
(5) maximum and average monthly temperatures of water discharged;
(6) planned modifications to reduce the temperatures of water discharged;
(1 7) the estimated maximum use, including the groundwater pumping rate in gallons per
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minute and surface water appropriation in cubic feet per second;
(2 8) the estimated groundwater appropriation in million gallons per year; and
(3 9) the annual consumption in acre-feet;
F. the potential sources and types of discharges to water attributable to operation of the facility;
G. radioactive releases, including:
(1) for nuclear facilities, the typical types and amounts of radionuclides released by the
facility in curies per year for alternate facility designs and levels of waste treatment; and
(2) for fossil-fueled facilities, the estimated range of radioactivity released by the facility in
curies per year;
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.
Statutory Authority: MS s 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115
Posted: October 13, 2009
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:
(1) schematic diagrams that show the dimensions of the support structures and conductor
configurations for each type of support structure that may be used;
(2) a discussion of the strength and distribution of the electric field attributable to the
transmission facility, including the contribution of air ions if appropriate;
(3) a discussion of ozone and nitrogen oxide emissions attributable to the transmission
facility;
(4) a discussion of radio and television interference attributable to the transmission; and
(5) a discussion of the characteristics and estimated maximum and typical levels of
audible noise attributable to the transmission facilities;
B. for underground transmission facilities:
(1) the types and dimensions of the cable systems and associated facilities that would be
used;
(2) the types and quantities of materials required for the cable system, including materials
27
required for insulation and cooling of the cable; and
(3) the amount of heat released by the cable system in kilowatts per foot of cable length;
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:
(1) hydrologic features including lakes, rivers, streams, and wetlands;
(2) natural vegetation and associated wildlife;
(3) physiographic regions; and
(4) land-use types, including human settlement, recreation, agricultural production, forestry
production, and mineral extraction.
Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
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:
(1) the amount of land required;
(2) induced traffic;
(3) fuel requirements;
(4) airborne emissions;
(5) water appropriation and consumption;
(6) discharges to water;
(7) reject heat;
(8) radioactive releases;
28
(9) solid waste production;
(10) audible noise; and
(11) labor requirements; and
C. a description of equipment and measures that may be used to reduce the environmental
impact of the alternative of no facility.
Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
7849.0400 CERTIFICATE OF NEED CONDITIONS AND CHANGES.
Subpart 1. Authority of commission. Changes in size, type, timing, and ownership. 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. An applicant, or the current
owner of the project if different from the original applicant, must report to the Commission changes in the
size, type, timing, and ownership of the project before it is placed in service, including:
A. A power plant capacity addition greater than 80 megawatts.
B. A power plant capacity addition greater than 20 percent.
C. A change in the fuel source used to generate electricity.
D. A delay of more than one year in the in-service date of an LEGF or LHVTL previously certified
by the commission.
E. A change in power plant operational control or ownership.
F. A change in the chain of successive ownership of the project.
G. An applicant, or current project owner if different from the original applicant, must notify the
commission as soon as it determines that a change described in items A through E is imminent.
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.
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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 H. A design change required by another state agency in its permitting process for certified
facilities is not subject to review by the commission, unless if the change contradicts the basic type
determination specified by the certificate of need.
G Subp. 2. Change Requiring Application. If a utility applies to the Minnesota
Environmental Quality Board commission 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 commission 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 Subp. 3. Commission decision. 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 under subpart 1 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, promptly 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.
Statutory Authority: MS s 216A.05; 216B.08; 216B.2421; 216B.243; 216C.10
History: L 1983 c 289 s 115; 12 SR 2624
Posted: October 13, 2009
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.
Statutory Authority: MS s 116D.04
History: 28 SR 951; L 2005 c 97 art 3 s 19
Posted: October 13, 2009
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.
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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 e-mail.
Subp. 8. Public Utilities Commission or PUC. "Public Utilities Commission" or "PUC" means the
Minnesota Public Utilities Commission.
Statutory Authority: MS s 116D.04
History: 28 SR 951; L 2005 c 97 art 3 s 19
Posted: October 13, 2009
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.
Statutory Authority: MS s 116D.04
History: 28 SR 951; L 2005 c 97 art 3 s 19
Posted: October 13, 2009
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.
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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 Commission 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.
Statutory Authority: MS s 116D.04
History: 28 SR 951; L 2005 c 97 art 3 s 19
Posted: October 13, 2009
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
32
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 1. Public meeting. The commissioner of the Department of Commerce commission shall
hold a public meeting within 40 days after receipt of on an application for a certificate of need or receipt
of a transmission projects report seeking certification of a high voltage transmission line as soon as
practicable after the application is filed. At least 15 days prior to the meeting, the commissioner commission
shall mail notice of the meeting to those persons listed in part 7849.0130, subparts 3 and 4. The
commissioner commission 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 on the commission’s Web site. The
public meeting must be held in a location that is convenient for persons who live near a proposed project.
Subp. 4 3. Conduct of public meeting. The commissioner commission shall make available at the
public meeting a copy of the certificate of need application or transmission projects report. The
commissioner's commission’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 commission shall keep an audio recording of the meeting. The commissioner commission 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 4. Applicant role. The applicant shall provide representatives at the public meeting who
can respond to questions about the proposed project.
Subp. 6 5. Alternatives and impacts. Sc o p i n g p r o c e s s . T he c o m m i s s i o ne r s ha l l
p r o vi d e the public with an opportunity to participate in the development of the scope of the
environmental report b y ho l d i n g a s c o p i ng m e e t i n g t ha t i s o p e n t o t he p u b l i c a nd b y
s o l i ci t i n g co m m ent s . Th e co m m i s s i o ne r m us t gi ve no t i c e o f t he s c o p i ng m e e t i ng i n
t he s am e m an ner r eq u i r ed u nd er s u b p a r t 1 . If t he p ub l i c m e e t i n g a nd t he s c o p i n g
m eet i ng a r e co m b i ned , a co m b i ne d no t i c e u nd e r s ub p a r t 1 m us t b e p r o vi d e d . 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 Commission 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 6. Commissioner Scoping decision. Within ten twenty days after close of the public
comment period, the commissioner shall issue an order the scoping decision 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;
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B. the specific potential impacts to be addressed;
C. the schedule for completion of the environmental report; and
D. other matters the issues to be included addressed in the environmental report.
Once the commissioner has issued an order a scoping decision establishing the matters to be evaluated in
the environmental report, the order decision must not be changed except upon a decision by unless the
commissioner determines 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.
The department shall file a copy of its scoping decision with the commission and serve a
copy on all persons on the official service list maintained under part 7829.0700 and to those who have requested
to receive notice. The filing must include the following:
A. a list of each proposed alternative identified through the scoping process that will be evaluated in
the environmental report;
B. a list of each proposed alternative identified through the scoping process that will not be
evaluated in the environmental report; and
C. the reasons for not including an alternative from among those identified for evaluation in the
environmental report.
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 commission, 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 the commission’s determination that the application is
complete. The department must file its comments on the certificate of need together with the
Environmental Report. 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 f i l e of the
availability of the environmental report with the commission 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
34
the document to the PUC commission 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.
Statutory Authority: MS s 116D.04
History: 28 SR 951; L 2005 c 97 art 3 s 19
Posted: October 13, 2009
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, distributed generation, 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;
35
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 and measurements or estimates of evaporative losses;
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.
Statutory Authority: MS s 116D.04
History: 28 SR 951; L 2005 c 97 art 3 s 19
Posted: October 13, 2009
7849.1600 AGENCY ASSISTANCE AND FILING OF AGENCY COMMENTS.
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. Comments filed by a state or federal agency in a proceeding
under this Chapter and received by the commission or department must be electronically filed by the
commission or the department within two business days after receipt and clearly labeled as “comments on
behalf of” the agency that filed them.
Statutory Authority: MS s 116D.04
History: 28 SR 951; L 2005 c 97 art 3 s 19
Posted: October 13, 2009
7849.1700 APPLICANT ASSISTANCE.
The commissioner of the Department of Commerce may request the applicant for a certificate of need
36
or for certification of a LHVTL 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.
Statutory Authority: MS s 116D.04
History: 28 SR 951; L 2005 c 97 art 3 s 19
Posted: October 13, 2009
7849.1800 ENVIRONMENTAL REPORT TO ACCOMPANY PROJECT.
Subpart 1. PUC Commission 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 Commission can hold any public hearing or render a final decision on an
application for a certificate of need or for certification of a LHVTL. However, the PUC Commission
can commence the public hearing process by conducting prehearing matters. The commissioner's staff
shall participate in the PUC Commission 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
Commission in making a final decision on a certificate of need or LHVTL certification request.
Subp. 2. Completeness of environmental report. At the time the PUC commission makes a final
decision on a certificate of need application or a request for certification of a LHVTL, the PUC commission
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
Commission 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 commission
determines that an additional alternative or impact should be addressed or supplemental information
should be provided.
Statutory Authority: MS s 116D.04
History: 28 SR 951; L 2005 c 97 art 3 s 19
Posted: October 13, 2009
7849.1900 JOINT PROCEEDING.
Subpart 1. Environmental assessment. In the event an applicant for a certificate of need for a
LEPGP LEGF or a LHVTL applies to the commissioner of the Department of Commerce commission 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 LEGF or a LHVTL applies to the commissioner commission for a site permit or route permit
prior to the time the commissioner completes the environmental report, and the project does not qualify
37
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.
Statutory Authority: MS s 116D.04
History: 28 SR 951; L 2005 c 97 art 3 s 19
Posted: October 13, 2009
7849.2000 ALTERNATIVE FORM OF REVIEW.
The requirements under parts 7849.1000 to 7849.2100 for preparation of an environmental report on a
LEPGP LEGF or LHVTL for which a determination of need by the Public Utilities Commission has been
requested is approved as an alternative form of review.
Statutory Authority: MS s 116D.04
History: 28 SR 951
Posted: October 13, 2009
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.
Statutory Authority: MS s 116D.04
History: 28 SR 951; L 2005 c 97 art 3 s 19
Posted: October 13, 2009
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