Justia Utilities Law Opinion Summaries

Articles Posted in Minnesota Supreme Court
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The Supreme Court reversed the decision of the court of appeals concluding that the Minnesota Public Utilities Commission erred by approving affiliated-interest agreements under Minn. Stat. 216B.48, subdivision 3 without first considering whether environmental review was necessary, holding that the Commission was not required to conduct review under Minn. Stat. Ch. 116D before approving affiliated-interest agreements that govern construction and operation of a Wisconsin power plant by a Minnesota utility.At issue was whether chapter 116D - the Minnesota Environmental Protection Act (MEPA) - requires the Commission to conduct an environmental review before deciding to approve affiliated-interest agreements that will govern the construction and operation of a power plant in a neighboring state. The Commission in this case that its jurisdiction was limited to power plants proposed to be built in Minnesota, and therefore, the power plant in this case was not subject to Minnesota's permitting and environmental review regulations. The court of appeals reversed. The Supreme Court reversed, holding that MEPA did not apply. View "In re Minnesota Power's Petition for Approval of the EnergyForward Resource Package" on Justia Law

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The Supreme Court held that the Minnesota Public Utilities Commission (MPUC) lacks the authority to require Otter Tail Power Company to amend an existing transmission cost-recovery rider (TCRR) approved under Minn. Stat. 216B.16, subd. 7b(b) to include the costs and revenues associated with two high-voltage interstate transmission lines, known as the Big Stone Access Transmission Lines (Big Stone Lines).In 2013, the MPUC approved Otter Tail's request for a TCRR for three transmission projects. In 2016, Otter Tail filed this general rate case with the MPUC seeking an annual-rate increase on its retail electricity sales to help offset company-wide investment costs and asserted that the costs and revenues associated with the Big Stone Lines should not be considered when setting the retail rates. The MPUC directed Otter Tail to amend the TCRR approved in 2013 to include the costs and revenues of the Big Stone Lines. The court of appeals reversed. The Supreme Court affirmed, holding that the MPUC does not have statutory authority to compel Otter Tail to include the Big Stone Lines in the TCRR. View "In re Application of Otter Tail Power Company for Authority to Increase Rates for Electric Service in Minnesota" on Justia Law

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The Supreme Court reversed the decision of the tax court concluding that the Commissioner of Revenue had overvalued Enbridge Energy, LP’s (EELP) pipeline system for 2013, 2014, and 2015 and issuing a new valuation for all three years, holding that, contrary to the tax court’s conclusion, the tax court is bound by Minnesota Rule 8100, an administrative rule regarding ad valorem taxes for utilities, when valuing a pipeline system and in allocating system unit value.Specifically at issue on appeal was whether the tax court erred in concluding that it is not bound by Rule 8100 when valuing a pipeline system. In reversing, the Supreme Court held that the tax court must follow Rule 8100 on how utilities, including pipelines, should be valued for tax purposes, and the tax court erred by concluding otherwise. View "Commissioner of Revenue v. Enbridge Energy, LP" on Justia Law