SF3954

Purpose

• The bill aims to change how utilities report certain costs in rate cases and to adjust related state-law rules. It would require more detailed reporting on certain travel, entertainment, and related expenses, and it would repeal a prior set of laws related to these reporting rules. It also introduces a sunset for the newly created provisions, meaning they would expire on a specified date unless extended.

Main Provisions

• Travel, entertainment, and related expenses reporting
  • The Public Utilities Commission would not allow travel, entertainment, or related employee expenses to be treated as operating expenses if they are deemed unreasonable or unnecessary for providing utility service.
  • A utility filing a general rate case must submit a separate, line‑item schedule detailing all travel, entertainment, and related expenses, using categories such as: 1) travel and lodging 2) food and beverage 3) recreational and entertainment 4) board of directors–related expenses (including compensation and reimbursements) 5) compensation and reimbursements for the ten highest-paid officers and employees (with separate itemization) 6) dues and memberships in organizations or clubs 7) gift expenses 8) expenses for aircraft (owned, leased, or chartered) 9) lobbying expenses
• Itemization and disclosure
  • For expenses listed, utilities must disclose the date, amount, vendor, and business purpose.
  • The itemized data can be provided in standard accounting formats already used by the utility, in a written or electronic format acceptable to the commission.
  • The utility must also provide totals by expense category and a separate itemization for expenses incurred by or on behalf of vice presidents or higher, and by board members.
  • A one-page summary of total amounts for each expense category must be included in the petition’s proposed test year.
• Data accessibility and privacy
  • Most data submitted under these provisions would be public data.
  • Salary data for the ten highest-paid officers and employees may be treated as private data about individuals, or subject to a protective order if disclosure would cause competitive harm, while access by government entities that are parties to the rate case would not be restricted.
• Repeal of prior law
  • The bill repeals Laws 2005, chapter 97, article 10, section 3 (as amended by later laws).
• Sunset for the new provisions
  • Sections 1 and 2 are accompanied by a sunset: they would expire on June 30, 2023, effectively ending the new requirements unless extended.

Significant Changes to Existing Law

• Adds a comprehensive, category-by-category itemization requirement for travel, entertainment, and related expenses in utility rate cases.
• Tightens what can be recovered as operating expenses by allowing the commission to reject unreasonable or unnecessary expenses.
• Creates stronger public disclosure requirements for most expense data, while preserving privacy protections for certain officer salaries.
• Repeals a specific set of prior laws governing these reporting requirements.
• Introduces a sunset that would terminate the new provisions on a fixed date unless extended.

Implementation and Compliance Notes

• Utilities would need to align general rate case filings with the new itemization and reporting format.
• The commission would review the new expense data to determine allowability in rates.
• Privacy protections would require utilities to assess which salary data may be treated as private data or protected under a protective order.

Potential Implications (High Level)

• Increased transparency in how utilities recover costs related to executive compensation, board expenses, aircraft use, lobbying, gifts, memberships, and other categories.
• Potentially higher administrative burden on utilities to prepare the detailed schedules.
• Greater public access to expense data (with some salary privacy protections) and enhanced oversight by the commission.

Note on the Sunset

• The bill includes a sunset provision for the new sections, meaning the added requirements would expire on June 30, 2023 unless further action is taken.

Relevant Terms - Travel and entertainment expenses - General rate case - Minnesota Statutes 216B.16 subdivision 17 - Public data vs. private data - Protective order - Board of directors expenses - Ten highest-paid officers and employees - Dues and memberships - Gifts - Aircraft expenses - Lobbying expenses - Itemization and disclosure - Cost recovery for gas utility infrastructure costs - Repeal of Laws 2005 chapter 97 article 10 section 3 - Sunset (expiration date)