Subdivision 1. Line map and service list. On or before six months from April 12, 1974, or, when requested in writing by an electric utility and for good cause shown, and at a further time as the commission may fix by order, each electric utility shall file with the commission a map or maps showing all its electric lines outside of incorporated municipalities as they existed on April 12, 1974. Each electric utility shall also submit in writing a list of all municipalities in which it provides electric service on the effective date of Laws 1974, chapter 429. Where two or more electric utilities serve a single municipality, the commission may require each utility to file with the commission a map showing its electric lines within the municipality.
Subd. 2. Determination; map prepared. On or before 12 months from April 12, 1974, the commission shall after notice and hearing establish the assigned service area or areas of each electric utility and shall prepare or cause to be prepared a map or maps to accurately and clearly show the boundaries of the assigned service area of each electric utility.
Subd. 3. Geographic, historic, and contractual considerations. To the extent that it is not inconsistent with the legislative policy stated in section 216B.37, the boundaries of each assigned service area, outside of incorporated municipalities, shall be a line equidistant between the electric lines of adjacent electric utilities as they exist on April 12, 1974; provided that these boundaries may be modified by the commission to take account of natural and other physical barriers including, but not limited to, highways, waterways, railways, major bluffs, and ravines and shall be modified to take account of the contracts provided for in subdivision 4; and provided further that at any time after April 12, 1974, the commission may on its own or at the request of an electric utility make changes in the boundaries of the assigned service areas, but only after notice and hearing as provided for in sections 216B.17 and 216B.18.
Subd. 4. Service area contract between utilities. Contracts between electric utilities, which are executed on or before 12 months from April 12, 1974, designating service areas and customers to be served by the electric utilities when approved by the commission shall be valid and enforceable and shall be incorporated into the appropriate assigned service areas. The commission shall approve a contract if it finds that the contract will eliminate or avoid unnecessary duplication of facilities, will provide adequate electric service to all areas and customers affected, and will promote the efficient and economical use and development of the electric systems of the contracting electric utilities.
Subd. 5. Assigned service area in municipality. Where a single electric utility provides electric service within a municipality on April 12, 1974, that entire municipality shall constitute a part of the assigned service area of the electric utility in question. Where two or more electric utilities provide electric service in a municipality on April 12, 1974, the boundaries of the assigned service areas shall conform to those contained in municipal franchises with the electric utilities on April 12, 1974. In the absence of a franchise, the boundaries of the assigned service areas within an incorporated municipality shall be a line equidistant between the electric lines of the electric utilities as they exist on April 12, 1974; provided that these boundaries may be modified by the commission to take account of natural and other physical barriers including, but not limited to, major streets or highways, waterways, railways, major bluffs, and ravines and shall be modified to take account of the contracts provided for in subdivision 4.
Subd. 6. Determination for exceptional case. In those areas where, on April 12, 1974, the existing electric lines of two or more electric utilities are so intertwined that subdivisions 2 to 5 cannot reasonably be applied, the commission shall determine the boundaries of the assigned service areas for the electric utilities involved as will promote the legislative policy in section 216B.37.
1974 c 429 s 39; 2014 c 275 art 1 s 35
Structure Minnesota Statutes
Chapters 216 - 217 — Utilities
Chapter 216B — Public Utilities
Section 216B.01 — Legislative Findings.
Section 216B.02 — Definitions.
Section 216B.022 — Submetering.
Section 216B.025 — Municipal Regulation Option.
Section 216B.026 — Cooperative Electric Association; Election On Regulation.
Section 216B.027 — Cooperative Electric Association Stockholder Rights.
Section 216B.029 — Standards For Distribution Utilities.
Section 216B.03 — Reasonable Rate.
Section 216B.04 — Standard Of Service.
Section 216B.045 — Regulation Of Intrastate Natural Gas Pipeline.
Section 216B.05 — Filing Schedules, Rules, And Service Agreements.
Section 216B.06 — Receiving Different Compensation.
Section 216B.07 — Rate Preference Prohibited.
Section 216B.075 — Meter Reading; Customer Scheduling Needs.
Section 216B.08 — Duties Of Commission.
Section 216B.09 — Standards; Classifications; Rules; Practices.
Section 216B.091 — Monthly Reports.
Section 216B.0951 — Propane Prepurchase Program.
Section 216B.096 — Cold Weather Rule; Public Utility.
Section 216B.097 — Cold Weather Rule; Cooperative Or Municipal Utility.
Section 216B.0975 — Disconnection During Extreme Heat Conditions.
Section 216B.0976 — Notice Of Utility Disconnection.
Section 216B.098 — Residential Customer Protections.
Section 216B.0991 — Definitions.
Section 216B.0992 — Price And Fee Disclosure.
Section 216B.0993 — Budget Payment Plan.
Section 216B.0994 — Propane Purchase Contracts.
Section 216B.0995 — Terms Of Sale.
Section 216B.105 — Customer Share Of Mercury Control Costs.
Section 216B.11 — Depreciation Rates And Practices.
Section 216B.12 — Right Of Entrance; Inspection.
Section 216B.13 — Production And Examination Of Records.
Section 216B.14 — Investigation.
Section 216B.15 — Hearings; Examiner.
Section 216B.16 — Rate Change; Procedure; Hearing.
Section 216B.161 — Area Development Rate Plan.
Section 216B.1611 — Interconnection Of On-site Distributed Generation.
Section 216B.1613 — Standardized Contract.
Section 216B.1614 — Electric Vehicle Charging Tariff.
Section 216B.162 — Competitive Rate For Electric Utility.
Section 216B.1621 — Electric Service Agreement.
Section 216B.163 — Flexible Tariff.
Section 216B.1635 — Recovery Of Gas Utility Infrastructure Costs.
Section 216B.1636 — Recovery Of Electric Utility Infrastructure Costs.
Section 216B.1638 — Recovery Of Natural Gas Extension Project Costs.
Section 216B.164 — Cogeneration And Small Power Production.
Section 216B.1641 — Community Solar Garden.
Section 216B.1642 — Solar Site Management.
Section 216B.1645 — Power Purchase Contract Or Investment.
Section 216B.1646 — Rate Reduction; Property Tax Reduction.
Section 216B.1647 — Property Tax Adjustment; Cooperative Association.
Section 216B.166 — Cogenerating Power Plant.
Section 216B.167 — Performance-based Gas Purchasing Plan.
Section 216B.1675 — Performance Regulation Plan For Gas Utility Service.
Section 216B.1681 — Curtailment Payments.
Section 216B.169 — Renewable And High-efficiency Energy Rate Options.
Section 216B.1691 — Renewable Energy Objectives.
Section 216B.1692 — Emissions-reduction Rider.
Section 216B.1694 — Innovative Energy Project.
Section 216B.1695 — Environmental Projects; Advance Determination Of Prudence.
Section 216B.1696 — Competitive Rate For Energy-intensive, Trade-exposed Electric Utility Customer.
Section 216B.17 — Complaint Investigation And Hearing.
Section 216B.18 — Service Of Notice.
Section 216B.19 — Joint Hearing And Investigation.
Section 216B.20 — Separate Rate Hearing.
Section 216B.21 — Summary Investigation.
Section 216B.22 — Municipality; Amicus Curiae Authority.
Section 216B.23 — Lawful Rate; Reasonable Service.
Section 216B.24 — Construction Of Major Facility; Filing Plans.
Section 216B.2401 — Energy Savings And Optimization Policy Goal.
Section 216B.2402 — Definitions.
Section 216B.2403 — Consumer-owned Utilities; Energy Conservation And Optimization.
Section 216B.241 — Public Utilities; Energy Conservation And Optimization.
Section 216B.2411 — Distributed Energy Resources.
Section 216B.2412 — Decoupling Of Energy Sales From Revenues.
Section 216B.2421 — Definition Of Large Energy Facility.
Section 216B.2422 — Resource Planning; Renewable Energy.
Section 216B.2423 — Wind Power Mandate.
Section 216B.2424 — Biomass Power Mandate.
Section 216B.2425 — State Transmission And Distribution Plan.
Section 216B.2426 — Opportunities For Distributed Generation.
Section 216B.2427 — Natural Gas Utility Innovation Plans.
Section 216B.243 — Certificate Of Need For Large Energy Facility.
Section 216B.244 — Nuclear Plant Capacity Requirements.
Section 216B.2445 — Decommissioning Nuclear Plant; Storing Used Fuel.
Section 216B.245 — Pump And Store Hydropower Facility; Prohibition.
Section 216B.246 — Federally Approved Transmission Lines; Incumbent Transmission Lineowner Rights.
Section 216B.25 — Further Action On Previous Order.
Section 216B.26 — Order; Effective Date.
Section 216B.27 — Rehearing; Condition Precedent To Judicial Review.
Section 216B.28 — Subpoena; Witness Fee And Mileage.
Section 216B.29 — Hearing And Subpoena Compliance Powers.
Section 216B.31 — Testimony And Production Of Records; Perjury.
Section 216B.32 — Certified Copy Of Document As Evidence.
Section 216B.33 — Commission Ruling Written, Filed, And Certified.
Section 216B.34 — Public Records.
Section 216B.35 — Transcribed Record.
Section 216B.36 — Municipal Regulatory And Taxing Powers.
Section 216B.361 — Township Agreement With Natural Gas Utility.
Section 216B.37 — Assigned Service Area; Electric Utility; Legislative Policy.
Section 216B.38 — Definitions.
Section 216B.39 — Assigned Service Area.
Section 216B.40 — Exclusive Service Right; Service Extension.
Section 216B.41 — Effect Of Incorporation, Annexation, Or Consolidation.
Section 216B.42 — Service Extension In Certain Situations.
Section 216B.421 — Homestead; Option Of Electric Service.
Section 216B.43 — Hearing On Complaint.
Section 216B.44 — Municipal Service Territory Extension.
Section 216B.45 — Municipal Purchase Of Public Utility.
Section 216B.46 — Municipal Acquisition Procedures; Notice; Election.
Section 216B.465 — Voter Ratification Of Municipal Purchase; Limited Application.
Section 216B.47 — Acquisition By Eminent Domain.
Section 216B.48 — Relations With Affiliated Interest.
Section 216B.49 — Securities; Public Financing.
Section 216B.50 — Restrictions On Property Transfer And Merger.
Section 216B.51 — Stock Purchase.
Section 216B.53 — Suspension Of Commission Order.
Section 216B.54 — Legal Action Against Violation.
Section 216B.56 — Burden Of Proof.
Section 216B.57 — Penalty For Violation Of Act.
Section 216B.58 — Penalties; Construing Act, Omission, And Failure.
Section 216B.59 — Continuing Violation.
Section 216B.60 — Penalties Cumulative.
Section 216B.61 — Actions To Recover Penalties.
Section 216B.62 — Regulatory Expenses.
Section 216B.63 — Interest On Assessment.
Section 216B.64 — Attorney General's Responsibilities.
Section 216B.65 — Department To Employ Necessary Staff.
Section 216B.66 — Construction.
Section 216B.68 — Definitions; Mercury Emissions Reduction.
Section 216B.681 — Monitoring Mercury Emissions.
Section 216B.682 — Mercury Emissions-reduction Plans.
Section 216B.683 — Mercury Emissions Reduction; Cost Recovery, Financial Incentives.
Section 216B.684 — Environmental Assessment Of Mercury Emissions-reduction Plan.
Section 216B.685 — Mercury Emissions-reduction Plan Approval.
Section 216B.6851 — Utility Option.
Section 216B.686 — Other Environmental Improvement Plans.
Section 216B.687 — Mercury Emissions Reduction Implementation, Operation.
Section 216B.688 — Relationship To Other State Financial Requirements.