1.1.................... moves to amend H.F. No. 2798 as follows:
1.2Page 1, delete section 1 and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 216B.16, subdivision 3, is amended to
1.4read:
1.5    Subd. 3. Interim rate. (a) Notwithstanding any order of suspension of a proposed
1.6increase in rates, the commission shall order an interim rate schedule into effect not later
1.7than 60 days after the initial filing date. The commission shall order the interim rate
1.8schedule ex parte without a public hearing. Notwithstanding the provisions of sections
1.9216.25 , 216B.27, and 216B.52, no interim rate schedule ordered by the commission
1.10pursuant to this subdivision shall be subject to an application for a rehearing or an appeal
1.11to a court until the commission has rendered its final determination.
1.12(b) Unless the commission finds that exigent circumstances exist, the interim rate
1.13schedule shall be calculated using the proposed test year cost of capital, rate base, and
1.14expenses, except that it shall include: (1) a rate of return on common equity for the utility
1.15equal to that authorized by the commission in the utility's most recent rate proceeding; (2)
1.16rate base or expense items the same in nature and kind as those allowed by a currently
1.17effective order of the commission in the utility's most recent rate proceeding; and (3) no
1.18change in the existing rate design. In the case of a utility which has not been subject to a
1.19prior commission determination, the commission shall base the interim rate schedule on
1.20its most recent determination concerning a similar utility.
1.21(c) If, at the time of its final determination, the commission finds that the interim
1.22rates are in excess of the rates in the final determination, the commission shall order the
1.23utility to refund the excess amount collected under the interim rate schedule, including
1.24interest on it which shall be accrue monthly at the rate of interest determined by the
1.25commission charged by the utility per month on delinquent accounts under Minnesota
1.26Rules, part 7820, calculated from the effective date of the interim rate increase until the
1.27excess amount collected under interim rates is fully refunded. The utility shall commence
2.1distribution of the refund to its customers within 120 days of the final order, not subject to
2.2rehearing or appeal. If, at the time of its final determination, the commission finds that
2.3the interim rates are less than the rates in the final determination, the commission shall
2.4prescribe a method by which the utility will recover the difference in revenues between
2.5the date of the final determination and the date the new rate schedules are put into effect.
2.6In addition, when an extension is granted for settlement discussions under subdivision
2.71a, the commission shall allow the utility to also recover the difference in revenues for a
2.8length of time equal to the length of the extension.
2.9(d) If the public utility fails to make refunds within the period of time prescribed
2.10by the commission, the commission shall sue therefor and may recover on behalf of all
2.11persons entitled to a refund. In addition to the amount of the refund and interest due,
2.12the commission shall be entitled to recover reasonable attorney's fees, court costs and
2.13estimated cost of administering the distribution of the refund to persons entitled to it. No
2.14suit under this subdivision shall be maintained unless instituted within two years after the
2.15end of the period of time prescribed by the commission for repayment of refunds.
2.16(e) The commission shall not order an interim rate schedule in a general rate case
2.17into effect as provided by this subdivision until at least four months after it has made a
2.18final determination concerning any previously filed change of the rate schedule or the
2.19change has otherwise become effective under subdivision 2, unless:
2.20(1) the commission finds that a four-month delay would unreasonably burden the
2.21utility, its customers, or its shareholders and that an earlier imposition of interim rates
2.22is therefore necessary; or
2.23(2) the utility files a second general rate case at least 12 months after it has filed a
2.24previous general rate case for which the commission has extended the suspension period
2.25under subdivision 2."