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
direct or indirect result of denial would be an adverse effect upon the future
adequacy, reliability, safety, 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 energy or service that would be supplied
by the proposed facility;
(2) the
effects of existing or expected conservation programs of the applicant, the
state government, or the federal government;
(3) the effects of promotional practices in
creating a need for the proposed facility, particularly promotional practices
that have occurred since 1974;
(4)
the ability of current facilities and planned facilities not requiring
certificates of need to meet the future demand; and
(5) the effect of the proposed facility, or a
suitable modification thereof, 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
effects 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. it has
been demonstrated by a preponderance of the evidence on the record that the
consequences of granting the certificate of need for the proposed facility, or
a suitable modification thereof, are more favorable to society than the
consequences of denying the certificate, considering:
(1) the relationship of the proposed
facility, or a suitable modification thereof, to overall state energy
needs;
(2) the effects of the
proposed facility, or a suitable modification thereof, upon the natural and
socioeconomic environments compared to the effects of not building the
facility;
(3) the effects of the
proposed facility, or a suitable modification thereof, in inducing future
development; and
(4) the socially
beneficial uses of the output of the proposed facility, or a suitable
modification thereof, including its uses to protect or enhance environmental
quality; and
D. that it
has not been demonstrated on the record that the design, construction,
operation, or retirement 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
