Minnesota Administrative Rules
Agency 138 - Public Utilities Commission
Chapter 7843 - UTILITY RESOURCE PLANNING PROCESS
Part 7843.0600 - RELATIONSHIP TO OTHER COMMISSION PROCESSES

Subpart 1. Other proceedings begun before plan proceeding completed.

The commission shall not use the resource planning process as a reason to delay unduly the completion of a proceeding begun under other law.

Subp. 2. Resource plan findings of fact and conclusions.

The findings of fact and conclusions from the commission's decision in a resource plan proceeding may be officially noticed or introduced into evidence in related commission proceedings, including, for example, rate reviews, conservation improvement program appeals, depreciation certifications, security issuances, property transfer requests, cogeneration and small power production filings, and certificate of need cases. In those proceedings, the commission's resource plan decision constitutes prima facie evidence of the facts stated in the decision. This subpart does not prevent an interested person from submitting substantial evidence to rebut the findings and conclusions in another proceeding.

Subp. 3. Construction of major utility facilities.

A utility submitting a proposed resource plan is exempt from the requirements of other rules covering construction of major utility facilities and adopted under Minnesota Statutes, section 216B.24. The exemption does not constitute a waiver of the commission's right to review the prudence of the construction or planning in later resource plan and general rate case proceedings.

Subp. 4. Exemption from filing when certificate of need proceeding initiated.

The commission shall grant an exemption from the filing requirements of parts 7843.0100 to 7843.0600 if the conditions in items A to E are met: