SF3992

Commission to promote affordable service and consider customers' ability to pay rates requirement
Legislative Session 94 (2025-2026)

Related bill: HF3777

AI Generated Summary

Purpose

  • Update Minnesota’s public utility rate rules to emphasize affordability and state energy goals. The bill requires the Public Utilities Commission to promote affordable service for all Minnesotans, encourage energy conservation, and promote renewable energy use, while aligning rate decisions with existing energy policy goals.

Key goals and policy alignment

  • Integrates affordability with environmental and energy efficiency aims.
  • Supports the idea that rate decisions should advance energy conservation and renewable energy, and be consistent with specified state energy statutes and policies.

Main Provisions

  • Definition of a just and reasonable rate (216B.03)

    • Rates must be just and reasonable, not unreasonably preferential, prejudicial, or discriminatory.
    • Rates should be sufficient, equitable, and consistently applied to a class of consumers.
    • To the maximum reasonable extent, the commission should set rates to promote affordable service for all Minnesotans, encourage energy conservation and renewable energy use, and advance the goals of sections 216B.164, 216B.241, and 216C.05.
    • Any doubt about reasonableness should be resolved in favor of the consumer.
    • For ratemaking purposes, utilities may treat two or more municipalities as a single class when populations are similar or service conditions are alike.
  • Rate-setting considerations and rate base (216B.16 subd. 6) changes

    • The commission must give due consideration to:
    • Public need for adequate, efficient, and reasonable service.
    • The public utility’s need for revenue sufficient to cover the cost of furnishing the service, including depreciation.
    • The goal of earning a fair and reasonable return on the utility’s investment.
    • Customer affordability: the commission must consider customers’ ability to pay when evaluating the return funded by rates.
    • Rate base calculation details:
    • Consider the original cost of utility property included in the base.
    • Consider prudent acquisition cost.
    • Include depreciation.
    • Include construction work in progress.
    • Account for offsets from capital provided by sources other than investors.
    • Exclude allowances based on estimated current replacement value.
    • If a generating facility is ordered to terminate operations before its physical life ends to comply with a state or federal energy statute or policy, the commission may allow recovery of any positive net book value of the facility as determined by the commission.

Significant changes to existing law

  • Explicit emphasis on affordability and customer ability to pay in rate decisions, beyond traditional cost recovery and return considerations.
  • Requirement that rates support energy conservation and renewable energy use, tying utility prices to broader state energy goals.
  • Restriction to exclude estimated current replacement value from rate-base calculations, favoring original cost and prudent cost considerations instead.
  • Authority to potentially allow recovery of positive net book value for a generating facility that is terminated early to meet statutory or policy requirements.
  • Rate-classification change allowing utilities to treat similar municipalities as a single class, potentially impacting how rates are determined across municipal service areas.

Practical impact (high level)

  • Consumers may see rate decisions more openly tied to affordability and energy goals.
  • Utilities must demonstrate how prices reflect customers’ ability to pay and alignment with energy policy.
  • The rate-base methodology shifts toward using original cost and prudent costs rather than replacement value, which could affect how investments are valued for rate recovery.
  • Possible rate-class simplification for municipalities with similar size and service conditions.

Relevant Terms affordable service ability to pay just and reasonable rate reasonable rate energy conservation renewable energy Public Utilities Commission rate base original cost prudent acquisition cost depreciation construction work in progress net book value positive net book value current replacement value rate classification municipal class/lumping municipalities energy statute energy policy sufficient revenue depreciation reserve return on investment cost of furnishing service two or more public utilities jointly consumer-friendly rate outcome

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 02, 2026SenateActionIntroduction and first reading
March 02, 2026SenateActionReferred toEnergy, Utilities, Environment, and Climate

Citations

 
[
  {
    "analysis": {
      "added": [
        "Promote affordable service for all Minnesotans.",
        "Encourage energy conservation and renewable energy use.",
        "Align ratemaking with the goals of sections 216B.164, 216B.241, and 216C.05.",
        "Authorize treating multiple municipalities as a single class for ratemaking when populations or service conditions are similar."
      ],
      "removed": [],
      "summary": "This bill amends Minnesota Statutes 2024 section 216B.03 to define 'reasonable rate' and to require the commission to promote affordable service, encourage energy conservation and renewable energy use, and to align ratemaking with the goals of sections 216B.164, 216B.241, and 216C.05; it also allows treating two or more municipalities served by a utility as a single class for ratemaking when populations are comparable or service conditions are similar.",
      "modified": [
        "Reframes 'reasonable rate' as a policy-driven standard with explicit goals and class-treatment flexibility."
      ]
    },
    "citation": "216B.03",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [
        "Consideration of customers' ability to pay the rates used to fund the return.",
        "Allowed recovery of any positive net book value of a generating facility if decommissioned to comply with a specific state or federal energy statute or policy."
      ],
      "removed": [
        "Allowance for estimated current replacement value in rate base is eliminated; current replacement value shall not be considered."
      ],
      "summary": "This bill modifies the factors considered by the commission to determine just and reasonable rates, adding a specific consideration of customers' ability to pay, and clarifies rate-base calculations and treatment of facility decommissioning costs in light of energy statutes or policies.",
      "modified": [
        "Rate base determination emphasizes original cost, construction work in progress, depreciation adjustments, and other capital-related expenses; explicit consideration of external capital sources and non-investor funding."
      ]
    },
    "citation": "216B.16",
    "subdivision": "subd.6"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References to Minnesota Statutes 216B.164 appear in the bill as the goals to be aligned with the 216B.03 changes.",
      "modified": []
    },
    "citation": "216B.164",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References to Minnesota Statutes 216B.241 appear in the bill as the goals to be aligned with the 216B.03 changes.",
      "modified": []
    },
    "citation": "216B.241",
    "subdivision": ""
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "References to Minnesota Statutes 216C.05 appear in the bill as the goals to be aligned with the 216B.03 changes.",
      "modified": []
    },
    "citation": "216C.05",
    "subdivision": ""
  }
]

Progress through the legislative process

17%
In Committee
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