| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to public utilities; providing a procedure to resolve disputes between public |
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| 3 | 3 | | 1.3 utilities and residential customers; amending Minnesota Statutes 2022, section |
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| 4 | 4 | | 1.4 216B.17, subdivision 1; proposing coding for new law in Minnesota Statutes, |
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| 5 | 5 | | 1.5 chapter 216B. |
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| 6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | 7 | | 1.7 Section 1. Minnesota Statutes 2022, section 216B.17, subdivision 1, is amended to read: |
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| 8 | 8 | | 1.8 Subdivision 1.Investigation.On its the commission's own motion or upon a complaint |
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| 9 | 9 | | 1.9made against any public utility, by the governing body of any political subdivision, by |
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| 10 | 10 | | 1.10another public utility, by the department, or by any 50 consumers of the a particular utility, |
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| 11 | 11 | | 1.11or by a complainant under section 216B.172 that any of the rates, tolls, tariffs, charges, or |
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| 12 | 12 | | 1.12schedules or any joint rate or any regulation, measurement, practice, act, or omission affecting |
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| 13 | 13 | | 1.13or relating to the production, transmission, delivery, or furnishing of natural gas or electricity |
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| 14 | 14 | | 1.14or any service in connection therewith is in any respect unreasonable, insufficient, or unjustly |
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| 15 | 15 | | 1.15discriminatory, or that any service is inadequate or cannot be obtained, the commission |
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| 16 | 16 | | 1.16shall proceed, with notice, to make such investigation as it may deem necessary. The |
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| 17 | 17 | | 1.17commission may dismiss any complaint without a hearing if in its opinion a hearing is not |
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| 18 | 18 | | 1.18in the public interest. |
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| 19 | 19 | | 1.19 EFFECTIVE DATE.This section is effective the day following final enactment and |
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| 20 | 20 | | 1.20applies to any complaint filed with the commission on or after that date. |
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| 21 | 21 | | 1.21 Sec. 2. [216B.172] CONSUMER DISPUTES. |
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| 22 | 22 | | 1.22 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have |
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| 23 | 23 | | 1.23the meanings given. |
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| 24 | 24 | | 1Sec. 2. |
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| 37 | | - | 2.5affairs office a complaint against a public utility. |
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| 38 | | - | 2.6 (d) "Complaint" means an allegation submitted to the consumer affairs office by a |
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| 39 | | - | 2.7complainant that a public utility's action or practice regarding billing or terms and conditions |
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| 40 | | - | 2.8of service: |
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| 41 | | - | 2.9 (1) violates a statute, rule, tariff, service contract, or other provision of law; |
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| 42 | | - | 2.10 (2) is unreasonable; or |
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| 43 | | - | 2.11 (3) has harmed or, if not addressed, harms a complainant. |
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| 44 | | - | 2.12Complaint does not include an objection to or a request to modify any natural gas or |
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| 45 | | - | 2.13electricity rate contained in a tariff that has been approved by the commission. A complaint |
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| 46 | | - | 2.14under this section is an informal complaint under Minnesota Rules, chapter 7829. |
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| 47 | | - | 2.15 (e) "Consumer affairs office" means the staff unit of the commission that is organized |
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| 48 | | - | 2.16to receive and respond to complaints. |
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| 49 | | - | 2.17 (f) "Informal proceeding" has the meaning given in Minnesota Rules, part 7829.0100, |
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| 50 | | - | 2.18subpart 8. |
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| 51 | | - | 2.19 (g) "Public assistance" has the meaning given in section 550.37, subdivision 14. |
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| 52 | | - | 2.20 (h) "Public utility" has the meaning given in section 216B.02, subdivision 4. |
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| 53 | | - | 2.21 Subd. 2.Complaint resolution procedure.A complainant must first attempt to resolve |
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| 54 | | - | 2.22a dispute with a public utility by filing a complaint with the consumer affairs office. The |
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| 55 | | - | 2.23consumer affairs office must: (1) notify the complainant of the resolution of the complaint; |
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| 56 | | - | 2.24and (2) provide written notice of (i) the complainant's right to appeal the resolution to the |
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| 57 | | - | 2.25commission, and (ii) the steps the complainant may take to appeal the resolution. Upon |
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| 58 | | - | 2.26request, the consumer affairs office must provide to the complainant a written notice |
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| 59 | | - | 2.27containing the substance of and basis for the resolution. Nothing in this section affects any |
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| 60 | | - | 2.28other rights existing under this chapter or other law. |
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| 36 | + | 2.5affairs office a complaint against the public utility that provides service to the individual |
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| 37 | + | 2.6residential customer. |
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| 38 | + | 2.7 (d) "Complaint" means an allegation submitted to the consumer affairs office by a |
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| 39 | + | 2.8complainant that a public utility's action or practice regarding billing or terms and conditions |
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| 40 | + | 2.9of service: |
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| 41 | + | 2.10 (1) violates a statute, rule, tariff, service contract, or other provision of law; |
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| 42 | + | 2.11 (2) is unreasonable; or |
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| 43 | + | 2.12 (3) has harmed or, if not addressed, harms a complainant. |
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| 44 | + | 2.13Complaint does not include an objection to or a request to modify any natural gas or |
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| 45 | + | 2.14electricity rate contained in a tariff that has been approved by the commission. A complaint |
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| 46 | + | 2.15under this section is an informal complaint under Minnesota Rules, chapter 7829. |
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| 47 | + | 2.16 (e) "Consumer affairs office" means the staff unit of the commission that is organized |
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| 48 | + | 2.17to receive and respond to complaints. |
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| 49 | + | 2.18 (f) "Informal proceeding" has the meaning given in Minnesota Rules, part 7829.0100, |
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| 50 | + | 2.19subpart 8. |
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| 51 | + | 2.20 (g) "Public assistance" has the meaning given in section 550.37, subdivision 14. |
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| 52 | + | 2.21 (h) "Public utility" has the meaning given in section 216B.02, subdivision 4. |
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| 53 | + | 2.22 Subd. 2.Complaint resolution procedure.A complainant must first attempt to resolve |
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| 54 | + | 2.23a dispute with a public utility by filing a complaint with the consumer affairs office. The |
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| 55 | + | 2.24consumer affairs office must: (1) notify the complainant of the resolution of the complaint; |
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| 56 | + | 2.25and (2) provide written notice of (i) the complainant's right to appeal the resolution to the |
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| 57 | + | 2.26commission, and (ii) the steps the complainant may take to appeal the resolution. Upon |
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| 58 | + | 2.27request, the consumer affairs office must provide to the complainant a written notice |
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| 59 | + | 2.28containing the substance of and basis for the resolution. |
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| 80 | 79 | | 3.16 (d) The commission's dismissal of an appeal request or a decision rendered after |
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| 81 | 80 | | 3.17conducting an informal proceeding is a final decision constituting an order or determination |
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| 82 | 81 | | 3.18of the commission. |
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| 83 | 82 | | 3.19 Subd. 4.Judicial review.Notwithstanding section 216B.27, a complainant may seek |
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| 84 | 83 | | 3.20judicial review in district court of an adverse final decision under subdivision 3, paragraph |
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| 85 | 84 | | 3.21(b), clause (1) or (2). Judicial review of the commission's decision in a contested case referred |
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| 86 | 85 | | 3.22under subdivision 3, paragraph (b), clause (3), is governed by chapter 14. |
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| 87 | 86 | | 3.23 Subd. 5.Right to service during pendency of dispute.A public utility must continue |
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| 88 | 87 | | 3.24or promptly restore service to a complainant during the pendency of an administrative or |
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| 89 | 88 | | 3.25judicial procedure pursued by a complainant under this section, provided that the |
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| 90 | 89 | | 3.26complainant: |
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| 91 | 90 | | 3.27 (1) agrees to enter into a payment agreement under section 216B.098, subdivision 3; |
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| 92 | 91 | | 3.28 (2) posts the full disputed payment in escrow; |
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| 93 | 92 | | 3.29 (3) demonstrates receipt of public assistance or eligibility for legal aid services; or |
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| 94 | 93 | | 3.30 (4) demonstrates the complainant's household income is at or below 50 percent of the |
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| 95 | 94 | | 3.31median income in Minnesota. |
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| 96 | 95 | | 3Sec. 2. |
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