Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 641-S.F.No. 1706
An act relating to public utilities; providing
legislative authorization of the construction of a
facility for the temporary dry cask storage of spent
nuclear fuel at Prairie Island nuclear generating
plant; providing conditions for any future expansion
of storage capacity; approving the continued operation
of pool storage at Monticello and Prairie Island
nuclear generating plants; requiring development of
wind power; regulating nuclear power plants; requiring
increased conservation investments; providing
low-income discounted electric rates; regulating
certain advertising expenses related to nuclear power;
creating a legislative electric energy task force;
appropriating money; amending Minnesota Statutes 1992,
sections 216A.03, by adding a subdivision; 216B.16,
subdivision 8, and by adding a subdivision; 216B.241,
subdivision 1a, and by adding a subdivision; and
216B.243, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapters 116C;
216B; and 216C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
RADIOACTIVE WASTE MANAGEMENT FACILITY AUTHORIZATION
Section 1. [116C.77] [LEGISLATIVE AUTHORIZATION FOR
INDEPENDENT SPENT FUEL STORAGE INSTALLATION AT PRAIRIE ISLAND.]
The legislature recognizes that:
(1) the Minnesota environmental quality board on May 16,
1991, reviewed and found adequate a final environmental impact
statement ("EIS") on the proposal to construct and operate a dry
cask storage facility for the temporary storage of spent nuclear
fuel from the Prairie Island nuclear generating plant;
(2) the United States Nuclear Regulatory Commission
reviewed and approved a safety analysis report on the facility
and on October 19, 1993, granted a license for the facility; and
(3) the public utilities commission in docket no.
E002/CN-91-91 reviewed the facility and approved a limited
certificate of need approving the use of casks.
The Minnesota legislature in compliance with Minnesota
Statutes, section 116C.72, hereby ratifies and approves the EIS
and the limited certificate of need and authorizes the use of
casks at Prairie Island in accordance with the terms and
conditions of the certificate of need as modified by this act
and without further environmental review under chapter 116D or
further administrative review under section 216B.243.
Sec. 2. [116C.771] [ADDITIONAL CASK LIMITATIONS.]
(a) Five casks may be filled and used at Prairie Island
immediately upon the effective date of this article.
(b) An additional four casks may be filled and used at
Prairie Island if the environmental quality board determines
that, by December 31, 1996, the public utility operating the
Prairie Island plant has filed a license application with the
United States Nuclear Regulatory Commission for a spent nuclear
fuel storage facility off of Prairie Island in Goodhue county,
is continuing to make a good faith effort to implement the site,
and has constructed, contracted for construction and operation,
or purchased installed capacity of 100 megawatts of windpower in
addition to windpower under construction or contract on the
effective date of this section.
(c)(1) An additional eight casks may be filled and placed
at Prairie Island if the legislature has not revoked the
authorization under clause (2) or the public utility has
satisfied the wind power and biomass mandate requirements in
article 3, section 2, subdivision 1, clause (1), and article 3,
section 3, clause (1), and the alternative site in Goodhue
county is operational or under construction. (2) If the site is
not under construction or operational or the wind mandates are
not satisfied, the legislature may revoke the authorization for
the additional eight casks by a law enacted prior to June 1,
1999.
(d) Except as provided under paragraph (e), dry cask
storage capacity for high-level nuclear waste within the state
may not be increased beyond the casks authorized by section 1 or
their equivalent storage capacity.
(e) This section does not prohibit a public utility from
applying for or the public utilities commission from granting a
certificate of need for dry cask storage to accommodate the
decommissioning of a nuclear power plant within this state.
Sec. 3. [116C.772] [PUBLIC UTILITY RESPONSIBILITIES.]
Subdivision 1. [DEFINITION.] For the purpose of this
section, "public utility" means the public utility operating the
Prairie Island nuclear generating plant.
Subd. 2. [DRY CASK ALTERNATIVES STUDY.] The public utility
must submit to the legislative electric energy task force a
reevaluation of all alternatives and combinations of those
alternatives to dry cask storage.
Subd. 3. [WORKER TRANSITION PLAN.] The public utility must
submit to the department of jobs and training a worker
transition plan if there is a shutdown of the Prairie Island
nuclear generating plant for longer than six months.
Subd. 4. [NUCLEAR POWER-PHASE OUT PLAN.] The public
utility must submit to the electric energy task force a detailed
plan for the phase-out of all nuclear power generated by the
utility.
Subd. 5. [DECOMMISSIONING PLAN.] The public utility must
submit to the electric energy task force a decommissioning plan
for TN-40 storage casks after the casks are emptied of spent
fuel.
Sec. 4. [116C.773] [CONTRACTUAL AGREEMENT.]
The authorization for dry casks contained in section 1 is
not effective until the governor, on behalf of the state, and
the public utility operating the Prairie Island nuclear plant
enter into an agreement binding the parties to the terms of
sections 2 and 3 and the mandate for 200 megawatts of windpower
and 75 megawatts of biomass required by December 31, 2002, in
article 3, section 2, subdivision 1, and section 3. The
Mdewakanton Dakota Tribal Council at Prairie Island is an
intended third-party beneficiary of this agreement and has
standing to enforce the agreement.
Sec. 5. [116C.774] [AUTHORIZATION.]
To the extent that the radioactive waste management act,
Minnesota Statutes, section 116C.72, requires legislative
authorization of the operation of certain facilities, this
section expressly authorizes the continued operation of the
Monticello nuclear generating plant spent nuclear fuel pool
storage facility and the Prairie Island nuclear generating plant
spent nuclear fuel pool storage facility.
Sec. 6. [116C.775] [SHIPMENT PRIORITIES; PRAIRIE ISLAND.]
If a storage or disposal site becomes available outside of
the state to accept high-level nuclear waste stored at Prairie
Island, the waste contained in dry casks shall be shipped to
that site before the shipment of any waste from the spent
nuclear fuel storage pool. Once waste is shipped that was
contained in a cask, the cask must be decommissioned and not
used for further storage.
Sec. 7. [116C.776] [ALTERNATIVE CASK TECHNOLOGY FOR SPENT
FUEL STORAGE.]
If the public utilities commission determines that casks or
other containers that allow for transportation as well as
storage of spent nuclear fuel exist and are economically
feasible for storage and transportation of spent nuclear fuel
generated by the Prairie Island nuclear power generating plan,
the commission shall order their use to replace use of the casks
that are only usable for storage, but not transportation. If
the commission orders use of dual-purpose casks under this
section, it must authorize use of a number of dual-purpose casks
that provides the same total storage capacity that is authorized
under this article; provided, that the total cask storage
capacity permitted under this article may not exceed the
capacity of the TN-40 casks authorized under section 1.
Sec. 8. [116C.777] [SITE.]
The spent fuel contents of dry casks located on Prairie
Island must be moved immediately upon the availability of
another site for storage of the spent fuel that is not located
on Prairie Island.
Sec. 9. [116C.778] [RERACKING.]
The spent fuel storage pool at Prairie Island may be
reracked a third time. The reracking does not require
legislative authorization but is subject to other applicable
state review. The additional storage capacity added by the
third reracking and utilized when added to the total storage
capacity of dry cask storage utilitized, cannot exceed the total
capacity of 17 TN-40 casks.
Sec. 10. [116C.779] [FUNDING FOR RENEWABLE DEVELOPMENT.]
The public utility that operates the Prairie Island nuclear
generating plant must transfer to a renewable development
account $500,000 each year for each dry cask containing spent
fuel that is located at the independent spent fuel storage
installation at Prairie Island after January 1, 1999. The fund
transfer must be made if waste is stored in a cask for any part
of a year. Funds in the account can only be expended for
development of renewable energy sources.
Sec. 11. [EFFECTIVE DATE.]
This article is effective the day following final enactment.
ARTICLE 2
ECONOMIC REGULATION OF NUCLEAR POWER PLANTS
Section 1. [LEGISLATIVE FINDINGS.]
The legislature finds that there is great uncertainty over
the means and costs of disposing of radioactive wastes generated
at nuclear-powered electric generating plants. Current and
future electric ratepayers are at risk to pay for these
uncertain and potentially enormous costs. These costs could
cause economic hardship for the citizens of this state and
damage economic growth. For these reasons the legislature finds
it necessary to protect its citizens against these costs. While
these potential costs do not currently warrant closing an
operating nuclear power plant, they do warrant a moratorium on
new nuclear plant construction and closer monitoring of
operating nuclear power plants.
Sec. 2. Minnesota Statutes 1992, section 216B.243, is
amended by adding a subdivision to read:
Subd. 3b. [NUCLEAR POWER PLANT; NEW CONSTRUCTION
PROHIBITED.] The commission may not issue a certificate of need
for the construction of a new nuclear-powered electric
generating plant.
Sec. 3. [216B.244] [NUCLEAR PLANT CAPACITY REQUIREMENTS.]
A reactor unit at a nuclear power electric generating plant
that has an annual load capacity factor of less than 55 percent
for each of three consecutive calendar years must be shut down
and cease operating no later than 500 days after the end of the
third such consecutive calendar year. For the purposes of this
section, "load capacity factor" means the ratio between a
reactor unit's average load and its peak load.
Sec. 4. [EFFECTIVE DATE.]
This article is effective the day following final enactment.
ARTICLE 3
ENERGY CONSERVATION AND RENEWABLES
Section 1. Minnesota Statutes 1992, section 216B.241,
subdivision 1a, is amended to read:
Subd. 1a. [INVESTMENTS, EXPENDITURES, AND CONTRIBUTIONS;
REGULATED UTILITIES.] (a) For purposes of this subdivision and
subdivision 2, "public utility" has the meaning given it in
section 216B.02, subdivision 4. Each public utility shall spend
and invest for energy conservation improvements under this
subdivision and subdivision 2 the following amounts:
(1) for a utility that furnishes gas service, .5 percent of
its gross operating revenues from service provided in the state;
and
(2) for a utility that furnishes electric service, 1.5
percent of its gross operating revenues from service provided in
the state; and
(3) for a utility that furnishes electric service and that
operates a nuclear powered electric generating plant within the
state, two percent of its gross operating revenues from service
provided in the state.
(b) The commissioner may require investments or spending
greater than the amounts required under this subdivision for a
public utility whose most recent advance forecast required under
section 116C.54 projects a peak demand deficit of 100 megawatts
or greater within five years under mid-range forecast
assumptions. A public utility may appeal a decision of the
commissioner under this paragraph to the commission under
subdivision 2. In reviewing a decision of the commissioner
under this paragraph, the commission shall rescind the decision
if it finds that the required investments or spending will:
(1) not result in cost-effective programs; or
(2) otherwise not be in the public interest.
(c) Each utility shall determine what portion of the amount
it sets aside for conservation improvement will be used for
conservation improvements under subdivision 2 and what portion
it will contribute to the energy and conservation account
established in subdivision 2a. Contributions must be remitted
to the commissioner of public service by February 1 of each year.
Nothing in this subdivision prohibits a public utility from
spending or investing for energy conservation improvement more
than required in this subdivision.
Sec. 2. [216B.2423] [WIND POWER MANDATE.]
Subdivision 1. [MANDATE.] A public utility, as defined in
Minnesota Statutes, section 216B.02, subdivision 4, that
operates a nuclear-powered electric generating plant within this
state must construct and operate, purchase, or contract to
construct and operate: (1) 225 megawatts of electric energy
installed capacity generated by wind energy conversion systems
within the state by December 31, 1998; and (2) an additional 200
megawatts of installed capacity so generated by December 31,
2002.
For the purpose of this section, "wind energy conversion
system" has the meaning given it in section 216C.06, subdivision
12.
Subd. 2. [RESOURCE PLANNING MANDATE.] The public utilities
commission shall order a public utility subject to subdivision
1, to construct and operate, purchase, or contract to purchase
an additional 400 megawatts of electric energy installed
capacity generated by wind energy conversion systems by December
31, 2002, subject to resource planning and least cost planning
requirements in Minnesota Statutes, section 216B.2422.
Sec. 3. [216B.2424] [BIOMASS POWER MANDATE.]
A public utility, as defined in Minnesota Statutes, section
216B.02, subdivision 4, that operates a nuclear powered electric
generating plant within this state must, by December 31, 1998,
construct and operate, purchase, or contract to construct and
operate (1) 50 megawatts of electric energy installed capacity
generated by farm grown closed-loop biomass; and (2) an
additional 75 megawatts of installed capacity so generated by
December 31, 2002.
Sec. 4. [EFFECTIVE DATE.]
Section 1 is effective January 1, 1995.
Sections 2 and 3 are effective the day following final
enactment.
ARTICLE 4
MISCELLANEOUS
Section 1. Minnesota Statutes 1992, section 216A.03, is
amended by adding a subdivision to read:
Subd. 6. [RECORD OF PROCEEDINGS.] An audio magnetic
recording device shall be used to keep a record of all
proceedings before the commission unless the commission provides
a hearing reporter to record the proceeding.
Sec. 2. Minnesota Statutes 1992, section 216B.16,
subdivision 8, is amended to read:
Subd. 8. [ADVERTISING EXPENSES.] The commission shall
disapprove the portion of any rate which makes an allowance
directly or indirectly for expenses incurred by a public utility
to provide a public advertisement which:
(a) is designed to influence or has the effect of
influencing public attitudes towards legislation or proposed
legislation, or toward a rule, proposed rule, authorization or
proposed authorization of the public utilities commission or
other agency of government responsible for regulating a public
utility;
(b) is designed to justify or otherwise support or defend a
rate, proposed rate, practice or proposed practice of a public
utility;
(c) is designed primarily to promote consumption of the
services of the utility; or
(d) is designed primarily to promote good will for the
public utility or improve the utility's public image; or
(e) is designed to promote the use of nuclear power or to
promote a nuclear waste storage facility.
The commission may approve a rate which makes an allowance
for expenses incurred by a public utility to disseminate
information which:
(a) is designed to encourage conservation of energy
supplies;
(b) is designed to promote safety; or
(c) is designed to inform and educate customers as to
financial services made available to them by the public utility.
The commission shall not withhold approval of a rate
because it makes an allowance for expenses incurred by the
utility to disseminate information about corporate affairs to
its owners.
Sec. 3. Minnesota Statutes 1992, section 216B.16, is
amended by adding a subdivision to read:
Subd. 14. [LOW-INCOME DISCOUNT ELECTRIC RATES.] A public
utility shall provide a 50 percent electric rate discount on the
first 300 kilowatt hours consumed in a billing period for a
low-income residential customer. For the purposes of this
subdivision, "low-income" means a customer who is receiving
assistance from the federal low-income home energy assistance
program. For the purposes of this subdivision, "public utility"
includes only those public utilities with more than 200,000
residential electric service customers. The commission may
issue orders necessary to implement, administer, and recover the
discount rate program on a timely basis.
Sec. 4. Minnesota Statutes 1992, section 216B.241, is
amended by adding a subdivision to read:
Subd. 1c. [ENERGY-SAVING GOALS.] The commissioner shall
establish energy-savings goals for energy conservation
improvement expenditures and shall evaluate an energy
conservation improvement program on how well it meets the goals
set.
Sec. 5. [EFFECTIVE DATE.]
Section 3 is effective January 1, 1995.
ARTICLE 5
ELECTRIC ENERGY TASK FORCE
Section 1. [216C.051] [LEGISLATIVE ELECTRIC ENERGY TASK
FORCE.]
Subdivision 1. [FINDINGS.] The legislature finds that it
needs more information on the future management of high-level
radioactive waste, the costs of that management, and the
technical and economic feasibility of utilizing alternative
energy resources. Before any legislative determinations may be
reasonably made that are more specific than the determinations
made in this act, the legislature needs detailed, credible, and
reliable information on these issues.
Subd. 2. [ESTABLISHMENT.] (a) There is established a
legislative electric energy task force to study future electric
energy sources and costs and to make recommendations for
legislation for an environmentally and economically sustainable
and advantageous electric energy supply.
(b) The task force consists of:
(1) eight members of the house of representatives including
the chairs of the environment and natural resources and
regulated industries and energy committees and six members to be
appointed by the speaker of the house, two of whom must be from
the minority caucus;
(2) eight members of the senate including the chairs of the
environment and natural resources and jobs, energy, and
community development committees and six members to be appointed
by the subcommittee on committees, two of whom must be from the
minority caucus.
(c) The task force may employ staff, contract for
consulting services, and may reimburse the expenses of persons
requested to assist it in its duties other than state employees
or employees of electric utilities. The director of the
legislative coordinating commission shall assist the task force
in administrative matters. The task force shall elect
co-chairs, one member of the house and one member of the senate
from among the committee chairs named to the committee.
Subd. 3. [FUTURE ENERGY SOLUTIONS; TECHNICAL AND ECONOMIC
ANALYSIS.] In light of the electric energy guidelines
established in subdivision 7 and in light of existing
conservation improvement programs and plans, utility resource
plans, and other existing energy plans and analyses, the
legislative task force on energy shall undertake an analysis of
the technical and economic feasibility of an electric energy
future for the state that relies on environmentally and
economically sustainable and advantageous electric energy
supply. The task force shall contract with one or more energy
policy experts and energy economists to assist it in its
analysis. The task force may not contract for service nor
employ any person who was involved in any capacity in any
portion of any proceeding before the public utilities
commission, the administrative law judge, the state court of
appeals, or the United States Nuclear Regulatory Commission
related to the dry cask storage proposal on Prairie Island.
The analysis must address at least the following:
(1) to the best of forecasting abilities, how much electric
generation capacity and demand for electric energy is necessary
to maintain a strong economy and a high quality of life in the
state over the next 15 to 20 years; how is this demand level
affected by achievement of the maximum reasonably feasible and
cost effective demand side management and generation and
distribution efficiencies;
(2) what alternative forms of energy can provide a stable
supply of energy and are producible and sustainable in the state
and at what cost;
(3) what are the costs to the state and ratepayers to
ensure that new electric energy generation utilizes less
environmentally damaging sources; how do those costs change as
the time frame for development and implementation of new
generation sources is compressed;
(4) what are the implications for delivery systems for
energy produced in areas of the state that do not now have high
volume transmission capability; are new transmission
technologies being developed that can address some of the
concerns with transmission; can a more dispersed electric
generation system lessen the need for long distance
transmission;
(5) what are the actual costs and benefits of purchasing
electricity and fuel to generate electricity from outside the
state; what are the present costs to the state's economy of
exporting a large percentage of the state's energy dollars and
what is the future economic impact of continuing to do so;
(6) are there benefits to be had from a large immediate
investment in quickly implementing alternative electric energy
sources in terms of developing an exportable technology and/or
commodity; is it feasible to turn around the flow of dollars for
energy so that the state imports dollars and exports energy and
energy technology; what is a reasonable time frame for the shift
if it is possible;
(7) are there taxation or regulatory barriers to developing
more sustainable and less problematic electric energy
generation; what are they specifically and how can they be
specifically addressed;
(8) can an approach be developed that moves quickly to
development and implementation of alternative energy sources
that can be forgiving of interim failures but that is also
sufficiently deliberate to ensure ultimate success on a large
scale;
(9) in what specific ways can the state assist regional
energy suppliers accelerate phasing out energy production
processes that produce wastes or emissions that must necessarily
be carefully controlled and monitored to minimize adverse
effects on the environment and human health and to assist in
developing and implementing base load energy production that
both prevents or minimizes by its nature adverse environmental
and human health effects and utilizes resources that are
available or producible in the state;
(10) whether there is a need to establish additional
dislocated worker assistance for workers at the Prairie Island
nuclear power plant; if so, how that assistance should be
structured;
(11) can the state monitor, evaluate, and affect federal
actions relating to permanent storage of high level radioactive
waste; what actions by the state over what period of time would
expedite federal action to take responsibility for the waste;
(12) should the state establish a legislative oversight
commission on energy issues; should the responsibilities of an
oversight commission be coordinated with the activities of the
public utilities commission and the department of public service
and if so, how; and
(13) is it feasible to convert existing nuclear power and
coal-fired electric generating plants to utilization of energy
sources that result in significantly less environmental damage;
if so, what are the short-term and long-term costs and benefits
of doing so; how do shorter or longer time periods for
conversion affect the cost/benefit analysis.
Subd. 4. [RADIOACTIVE WASTE MANAGEMENT; FUTURE AND
ECONOMIC ANALYSIS.] The legislative task force shall analyze the
future of and the economic effects of the continued generation
of electric power and radioactive waste at the Prairie Island
nuclear power plant. The task force shall include in its report
under subdivision 5, a specific discussion of:
(1) when radioactive waste will be removed from Prairie
Island for permanent storage outside of the state, who will bear
the costs of the future management of the radioactive waste
generated by the Prairie Island nuclear generating plant; when
that shift in responsibility is likely to occur; and to what
extent utility ratepayers and shareholders and state taxpayers
will be shielded from the costs to manage the waste in the
future;
(2) the probability of an accident and the extent to which
persons who may be at risk of personal injury or property damage
due to foreseeable or unforeseeable catastrophic events that may
allow the release of radioactivity from the nuclear power plant
and associated activities could be fully compensated for the
injuries or damage and by whom;
(3) a range of reasonable estimates of the costs to manage
radioactive waste generated by the nuclear power plant under
scenarios to be developed by the task force, ranging from
monitoring the waste in the storage pool at Prairie Island to
removal of waste from the state beginning in 1998 to permanent
storage of the waste in the state; to the extent those costs
will necessarily fall on present and future utility ratepayers
and shareholders and state taxpayers, how to ensure they can be
met without catastrophic disruption of the state's economy in
the future; and whether funds should be set aside to ensure that
present ratepayers pay the future costs of radioactive waste
management based on volume of usage of electricity rather than
on the rate structure of the utility;
(4) whether reprocessing and reuse of spent nuclear fuel
generated by the Prairie Island nuclear generating plant is
technically and economically feasible; if so, how to encourage
development of reprocessing and reuse;
(5) whether emerging nuclear technologies, such as integral
fast reactors, which can generate electricity without
environmental damage while producing no or minimal radioactive
waste, are economically feasible and practical electric energy
alternatives in the foreseeable future and, if so, how to
encourage and take advantage of such technologies;
(6) if the waste is likely to be removed from the state,
whether technologies are likely to be economically feasible in
the relatively near future for minimizing the handling of the
waste and minimizing contamination of additional materials that
will need special management prior to transport out of the
state, including the availability of combination storage and
transport containers;
(7) if the waste is unlikely to be removed from the state
or if waste will need to be indefinitely stored outside the
power plants after decommissioning, whether sites for storage of
the waste outside the structure of the Prairie Island power
plant potentially can be found that minimize economic and social
disruption, maximize environmental, health, and safety
protection, minimize transportation distance, and place the
burden of storage of the waste on those communities that enjoy
the immediate economic benefits of the existence and operation
of the power plants; if potential sites exist, what process
should be used to identify and utilize them if necessary; the
entity that is searching for an alternative site within the
state for the disposal of spent nuclear fuel from the Prairie
Island nuclear generating plant, is seeking permits for the
site, or is constructing the site shall report progress on those
activities every six months to the task force commencing January
1, 1995;
(8) factors to be used in siting a high-level radioactive
waste management facility to include at least:
(i) the proximity of the site to residents and businesses;
(ii) the proximity of the site to surface waters;
(iii) the vulnerability of the site to tornadoes and other
natural phenomena;
(iv) the benefits received and the costs incurred by the
host and adjacent communities due to operation of the nuclear
generating facility that produced the high-level radioactive
waste to be managed at the proposed facility;
(v) the benefits received and costs incurred by the host
and adjacent communities due to operation of the proposed waste
management facility; and
(vi) the availability of transportation routes between the
nuclear generating plant and the proposed waste management
facility; and
(9) federal law related to the interstate transportation of
high-level radioactive waste and how that law may operate in
relation to an independent spent fuel storage installation
located in the state.
Subd. 5. [REPORT AND RECOMMENDATIONS.] (a) The legislative
task force may contract with independent experts, none of whom
can have been involved in any capacity in any of the proceedings
before the public utilities commission, the administrative law
judge, or the court of appeals related to dry cask storage at
Prairie Island or in any proceedings related to the license for
the facility granted by the United States Nuclear Regulatory
Commission, to assist it with analysis of items and issues
listed in subdivisions 3 and 4.
(b) The legislative task force shall convene a separate
balanced group of experts in the fields of energy production and
distribution and energy economics from within and without the
state to include experts formerly or currently employed by the
department of public service and/or the public utilities
commission, an economist employed by the residential and small
business division of the office of the attorney general,
electric energy experts employed by utilities, experts from
other states that have begun to implement policies for utilizing
indigenous, sustainable energy sources, experts from public
advocacy groups, and others to be determined by the task force.
The task force shall request the group of experts to assist it
in publicly examining and analyzing information received from
the independent experts and in preparing the report required in
paragraph (c).
(c) By January 15, 1996, the task force shall submit a
report to the chairs of the committees in the house and in the
senate that have responsibility for energy and for environmental
and natural resources issues that contains an overview of plans
and analyses that have been prepared, a critique of how those
plans and analyses will assist in implementation of the energy
conservation and sources for generation policies and goals in
Minnesota Statutes, chapters 216B and 216C, and specific
recommendations for legislative action that will ensure
development and implementation of electric energy policy that
will provide the state with adequate, sustainable, and economic
electric power for the long term while utilizing, to the maximum
reasonable extent, energy resources that are available or
producible within the state and while developing, maintaining,
and strengthening a viable and robust energy and utility
infrastructure.
(d) By February 1, 1995, the task force shall submit to the
chairs of the committees specified in paragraph (c), a
preliminary report that provides:
(1) an overview of the current status of energy planning
and implementation of those plans by state agencies and
utilities, along with an analysis of the extent to which
existing statutory energy policies and goals are being met for
electric energy consumed in the state;
(2) an analysis of and any recommendations for adjustments
to the specific targets set in section 1, subdivisions 4 and 5,
relating to energy savings, electric generation sources for
replacement and additional capacity needs, and development of
wind and biomass energy sources; and
(3) as much information as the task force has been able to
gather on future high-level radioactive waste management and
transportation, including technologies and costs.
Subd. 6. [ASSESSMENT; APPROPRIATION.] On request by the
co-chairs of the legislative task force and the director of the
legislative coordinating commission, the commissioner of the
department of public service shall assess from electric
utilities, in addition to assessments made under Minnesota
Statutes, section 216B.62, the amount requested for the studies
and analysis required in subdivisions 3 and 4 and for operation
of the task force not to exceed $350,000. The amount assessed
under this section is appropriated to the director of the
legislative coordinating commission for those purposes.
Subd. 7. [GUIDELINES; PREFERRED ELECTRIC GENERATION
SOURCES; DEFINITIONS.] (a) The legislative task force on
electric energy shall undertake its responsibilities in light of
the guidelines specified in this subdivision.
(b) The highest priority in electric energy production and
consumption is conservation of electric energy and management of
demand by all segments of the community.
(c) The following energy sources for generating electric
power distributed in the state, listed in their descending order
of preference, based on minimizing long-term negative
environmental, social, and economic burdens imposed by the
specific energy sources, are:
(1) wind and solar;
(2) biomass and low-head or refurbished hydropower;
(3) decomposition gases produced by solid waste management
facilities, natural gas-fired cogeneration, and waste materials
or byproducts combined with natural gas;
(4) natural gas, hydropower that is not low-head or
refurbished hydropower, and solid waste as a direct fuel or
refuse-derived fuel; and
(5) coal and nuclear power.
(d) For the purposes of paragraph (c) within each clause,
the more efficient an energy source is in generating electricity
or the more efficient a technology is that utilizes an energy
source, the more preferred it is for use in generating
electricity for distribution and consumption in the state.
(e) For the purposes of paragraph (c), clauses (3) and (4),
the use of waste materials and byproducts for generating
electric power must be limited to those waste materials and
byproducts that are necessarily generated or produced by
efficient processes and systems. Preventing and minimizing
waste and byproducts are preferred in every situation to relying
on the continued generation or production of waste materials and
byproducts.
(f) For the purposes of this section, "preferred" or
"renewable" energy sources are those described in paragraph (c),
clauses (1) to (3), and "subordinate" or "traditional" energy
sources are those described in paragraph (c), clauses (4) and
(5).
(g) For the purposes of this section:
(1) "biomass" means herbaceous crops, trees, agricultural
waste, and aquatic plant matter, excluding mixed municipal solid
waste, as defined in section 115A.03, used to generate
electricity; and
(2) "low-head hydropower" means a hydropower facility that
has a head of less than 66 feet.
Subd. 8. [SUBPOENA POWER.] The task force may issue a
subpoena under Minnesota Statutes, section 3.153, to any person
for production of information held by that person that is
relevant to the work of the task force.
Subd. 9. [REPEALER.] This section is repealed June 30,
2000.
ARTICLE 6
ALTERNATIVE SITE
Section 1. [116C.80] [HIGH-LEVEL RADIOACTIVE WASTE; SPENT
NUCLEAR FUEL STORAGE; ALTERNATIVE SITE.]
Subdivision 1. [DEFINITION; DRY CASK STORAGE
FACILITY.] For the purposes of this section, "dry cask storage
facility" or "facility" means a high-level radioactive waste
facility that is located in Goodhue county but not on Prairie
Island for storage of spent nuclear fuel produced by a nuclear
reactor at the Prairie Island nuclear power generating plant.
Subd. 2. [CERTIFICATE OF SITE COMPARABILITY.] Prior to
construction of a dry cask storage facility, the public utility
that operates the nuclear power generating power plant at
Prairie Island shall obtain a certificate from the environmental
quality board that the site for the facility is comparable to
the independent spent fuel storage facility site located on
Prairie Island for which the public utilities commission granted
a certificate of need in docket number E002/CN-91-91.
Subd. 3. [REVIEW BY THE BOARD.] The board shall review the
siting procedures and considerations for siting large energy
electric generating plants under sections 116C.51 to 116C.69 and
rules adopted under those sections and shall adopt, by
resolution, after a public comment period, those procedures,
considerations, and rules it determines are necessary to
designate a site for a dry cask storage facility and to issue a
certificate of site comparability. The siting procedures and
considerations must provide for an opportunity for all
interested persons to participate.
Presented to the governor May 6, 1994
Signed by the governor May 10, 1994, 4:05 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes