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Staff tells PSC Otter Tail must obtain CPCN for Abercrombie solar purchase
Summary
Staff advised the Public Service Commissioners that Otter Tail Power’s planned purchase of the Abercrombie solar project will likely require a Certificate of Public Convenience and Necessity under Section 49-03-01; staff will send a formal determination letter.
Public Service Commissioners staff recommended that Otter Tail Power obtain a Certificate of Public Convenience and Necessity before constructing or operating the Abercrombie solar project.
The recommendation is based on a statutory provision staff cited that requires a public utility to secure a CPCN before constructing or operating. The guidance applies because the law defines an electric public utility as a privately owned supplier of electricity serving the general public.
Brian, a staff member, said he reviewed Otter Tail’s request for a jurisdictional determination and concluded: "Despite the understanding of the request, I think that they do need to obtain a CPCN before constructing and operating the plant." He said he would send a letter communicating the commission's determination.
Commission discussion was limited to procedural acknowledgement; no legal challenge or formal vote was recorded. The staff determination will be issued in writing to Otter Tail Power, and the company will be notified of the CPCN requirement and any next steps under the statute referenced by staff.
Next steps: staff will prepare and send the determination letter; the company may respond, request clarification or initiate a CPCN application process.
