The North Dakota Industrial Commission is sending a letter to two Minnesota state agencies – over its concerns about the re-opening of a case that could add cost to coal-fired generation in North Dakota.
The Minnesota Public Utilities Commission has re-opened an investigation into what it calls “externalities” – that is, costs that could be assessed utility customers who use power from coal fired power plants. This is similar to the PUC’s efforts in the 1990s. Attorney General Wayne Stenehjem says in that case, Minnesota regulators agreed that it would only apply these externality costs to generation within 200 miles of the Minnesota border. And at that time, there were no North Dakota power plants within that 200 miles radius.
"Our position certainly would be that this is a breach of the settlement we had back in the 1990s, if they (Minnesota) would decide to assess these regulations against North Dakota," said Stenehjem. "This letter is useful -- to let them know we are paying attention."
Recently , a federal judge ruled that any attempt by Minnesota to regulate North Dakota power plants would violate the Commerce Clause of the Constitution.
