Certificate of Need

Most certificate of need applications are examined through the informal review process. This streamlined approach is typically employed for projects where significant public controversy is not anticipated.

Following the submission of a certificate of need application, the Commission initiates a public comment period.  During this period, stakeholders can provide feedback on whether the application contains the necessary information and if there is enough detail to initiate the certificate of need review process. If the application is deemed complete, the Commission formally accepts the application and establishes the specific review procedures to develop the project record.  

The informal review itself involves:

• Initial and reply comment periods: These periods allow for the submission of written comments on the merits of the application and the demonstration of need for the proposed project.
• Public hearing: A public hearing is held, providing an opportunity for individuals to ask questions, offer comments, and provide testimony regarding the proposed project and the associated environmental review documents.

Permitting timeline: Typically 12 months

Relevant statutes and rules: For detailed information, refer to the Office of the Revisor of Statutes:  

• Minn. Stat. § 216B.243
• Minn. Stat. § 216B.2421
• Minn. Rules Chapter 7849 

The contested case process is reserved for large electric generating facilities and large high-voltage transmission lines where known controversy exists, or when the Commission determines that specific issues require a more rigorous and detailed examination.  

Like the informal process, the Commission determines application completeness after a public comment period. If accepted, the Commission determines the specific review procedures. The primary difference from the informal process is the inclusion of a contested case proceeding.

A contested case proceeding is generally more formal than the public hearing in the informal review process but less formal than a traditional court proceeding.  

The contested case process is conducted by and administrative law judge from the Minnesota Office of Administrative Hearings. The contested case involves parties presenting evidence, cross-examining witnesses, and arguing their case, much like a regular court case. However, these proceedings are also open to the public and all persons can participate without the necessity of becoming an official party.

In a contested case:

• Formal parties, including the applicant, intervenors, and state agencies, present arguments, evidence, and expert testimony.
   
• An Administrative Law Judge (ALJ) from the Office of Administrative Hearings presides over the proceeding. The ALJ manages discovery, conducts pre-hearing conferences, and oversees a court-like public hearing.
   
• Following the evidentiary hearing, the ALJ reviews all submitted evidence and issues a report containing findings of fact, conclusions of law, and recommendations to the Commission regarding the certificate of need application, including any proposed conditions or requirements to mitigate project impacts.
   
• The Commission reviews the ALJ's report, the entire project record, and holds public agenda meetings to deliberate on the issues. Commissioners then vote on the resolution of issues and the final decision.
   
• A formal written order is issued, summarizing the key issues, explaining the Commission's decision, and providing the rationale for that decision.

Permitting timeline: Typically 12 months.

Relevant statutes and rules: For detailed information, refer to the Office of the Revisor of Statutes:

• Minn. Stat. § 216B.243
• Minn. Stat. § 216B.2421
• Minn. Rules Chapter 7849