216B.685 MERCURY EMISSIONS-REDUCTION PLAN APPROVAL.
    Subdivision 1. Commission review and evaluation. The Public Utilities Commission
shall review and evaluate a utility's mercury emissions-reduction plans and associated
emissions-reduction riders submitted under section 216B.682 or pursuant to subdivision 2,
paragraph (b). In its review, the commission shall consider the environmental and public health
benefits, the agency's assessment of technical feasibility, competitiveness of customer rates, and
cost-effectiveness of the utility's proposed mercury-control initiatives in light of the Pollution
Control Agency's report under section 216B.684.
    Subd. 2. Commission approval. (a) Within 180 days of receiving the agency's report on a
utility's plan filed under section 216B.682, subdivision 1 or 2, the commission shall order the
implementation of a utility's mercury emissions-reduction plan and associated emissions-reduction
rider that complies with the requirements of the applicable subdivision of section 216B.682,
unless the commission determines that the plan as proposed fails to provide for increased
environmental and health benefits or would impose excessive costs on the utility's customers.
(b) If the commission is unable to approve the utility's plan and associated
emissions-reduction riders as proposed, it shall direct the utility to amend and resubmit its
proposed plan in light of the record developed on the proposed plan or, at the utility's option, to
file a new plan consistent with the requirements of the applicable subdivision of section 216B.682.
    Subd. 3. Technical issues. The commission shall give due consideration to the assessment
of the Pollution Control Agency on compliance issues under sections 216B.68 to 216B.688,
technical feasibility of emission-control technology, and environmental and public health benefits
associated with emissions reductions.
    Subd. 4. Equipment replacement; deadline extensions. (a) Unless the utility proposes to
do so, the commission may not require the replacement of existing pollution control equipment at
a targeted or supplemental unit as a condition for approving a plan pursuant to this section or
section 216B.6851.
(b) The commission may allow a utility up to two extensions of any deadline established
under sections 216B.68 to 216B.688 or commission order under those sections, if the utility
demonstrates the unavailability of necessary equipment or other extraordinary circumstances.
An extension under this paragraph may last no longer than 12 months. The commission may not
extend a deadline for final installation of pollution control equipment for longer than 12 months.
    Subd. 5. Equipment optimization required. A commission order under this section must
require the utility to optimize the operation of equipment installed under a plan approved under
this section to obtain maximum mercury reductions and to report the utility's efforts and results
annually to the Pollution Control Agency, until such time as the agency determines the reports
to be no longer necessary.
History: 2006 c 201 s 10