SF 574

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

A bill for an act
relating to utilities; authorizing Public Utilities Commission to order refunds
of unlawful utility rate revenues; amending Minnesota Statutes 2008, sections
216B.23, by adding a subdivision; 237.081, by adding a subdivision; 237.74, by
adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 216B.23, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Authority to issue refund. new text end

new text begin On determining that a public utility has
charged a rate in violation of this chapter, a commission rule, or a commission order, the
commission may require the public utility to refund to its customers, in a manner approved
by the commission, any revenues the commission finds were collected as a result of the
unlawful conduct. Any refund authorized by this section is permitted notwithstanding
section 216B.16 or any other law governing rates. Exercising authority under this section
does not preclude the commission from pursuing penalties under sections 216B.57 to
216B.61 for the same conduct.
new text end

Sec. 2.

Minnesota Statutes 2008, section 237.081, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Authority to issue refund. new text end

new text begin On determining that a telephone company has
charged a rate or price in violation of this chapter, a commission rule, or a commission
order, the commission may require the telephone company to refund to its subscribers,
in a manner approved by the commission, any revenues the commission finds were
collected as a result of the unlawful conduct. Any refund authorized by this section is
permitted notwithstanding any other law governing rates. Exercising authority under this
section does not preclude the commission from pursuing penalties under section 237.46
or 237.461 for the same conduct.
new text end

Sec. 3.

Minnesota Statutes 2008, section 237.74, is amended by adding a subdivision
to read:

new text begin Subd. 11a. new text end

new text begin Authority to issue refund. new text end

new text begin On determining that a telecommunications
carrier has charged a rate or price in violation of this chapter, a commission rule, or a
commission order, the commission may require the telecommunications carrier to refund
to its subscribers, in a manner approved by the commission, any revenues the commission
finds were collected as a result of the unlawful conduct. Any refund authorized by this
section is permitted notwithstanding any other law governing rates. Exercising authority
under this section does not preclude the commission from pursuing penalties under section
237.46 or 237.461 for the same conduct.
new text end