Current through Register Vol. 49, No. 13, September 23, 2024
A certificate of need shall be granted to the applicant if
it is determined that:
A. the probable
result of denial would adversely affect the future adequacy, reliability, or
efficiency of energy supply to the applicant, to the applicant's customers, or
to the people of Minnesota and neighboring states, considering:
(1) the accuracy of the applicant's forecast
of demand for the type of energy that would be supplied by the proposed
facility;
(2) the effects of the
applicant's existing or expected conservation programs and state and federal
conservation programs;
(3) the
effects of the applicant's promotional practices that may have given rise to
the increase in the energy demand, particularly promotional practices that have
occurred since 1974;
(4) the
ability of current facilities and planned facilities not requiring certificates
of need, and to which the applicant has access, to meet the future demand;
and
(5) the effect of the proposed
facility, or a suitable modification of it, in making efficient use of
resources;
B. a more
reasonable and prudent alternative to the proposed facility has not been
demonstrated by a preponderance of the evidence on the record by parties or
persons other than the applicant, considering:
(1) the appropriateness of the size, the
type, and the timing of the proposed facility compared to those of reasonable
alternatives;
(2) the cost of the
proposed facility and the cost of energy to be supplied by the proposed
facility compared to the costs of reasonable alternatives and the cost of
energy that would be supplied by reasonable alternatives;
(3) the effect of the proposed facility upon
the natural and socioeconomic environments compared to the effects of
reasonable alternatives; and
(4)
the expected reliability of the proposed facility compared to the expected
reliability of reasonable alternatives;
C. the consequences to society of granting
the certificate of need are more favorable than the consequences of denying the
certificate, considering:
(1) the relationship
of the proposed facility, or a suitable modification of it, to overall state
energy needs;
(2) the effect of the
proposed facility, or a suitable modification of it, upon the natural and
socioeconomic environments compared to the effect of not building the
facility;
(3) the effects of the
proposed facility or a suitable modification of it, in inducing future
development; and
(4) socially
beneficial uses of the output of the proposed facility, or a suitable
modification of it, including its uses to protect or enhance environmental
quality; and
D. it has
not been demonstrated on the record that the design, construction, or operation
of the proposed facility will fail to comply with those relevant policies,
rules, and regulations of other state and federal agencies and local
governments.
Statutory Authority: MS s
216B.08;
216B.2421;
216B.243;
216C.10
