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ml\SP Northern Si <br />414 Nicollet I <br />Minneapolis. <br />Teiepnone (€ <br />May 17. 1990 <br />Ms. Suesan Pace-Shapiro <br />Popham, Haik, Schnobrich & Kaufman, Ltd. <br />3300 Piper Jaffray Tower <br />Minneapolis, MN 55402 <br />RE: Property on Oichard Park Road (File No. 3643-079) <br />Dear Ms. Pace-Shapiro: <br />I am in receipt of a letter from Mr. Dan Kokesh of Lrmg Lake. Minnesota, dated May <br />2, 1990 that was sent to the City of Orono requesting a change in electric sea ice area <br />from Wright-Hennepin Cooperative to NSP. <br />Electric service areas were iLSsigned by the State of Minnesota under the Public Utility <br />Regulatory Act of 1974. Minnesota Statutes, Chapters 216B.39 and 216B.40 define <br />assigned service areas and exclusive service rights of power suppliers. Under 216B.40, <br />it specifically stales that "no electric utility may extend electric service at retail within <br />the assigned .seaicc area of another electric utility unless the electric utility consents <br />thereto in writing". Any action initiating a change in territory under circumstances cited <br />by Mr. Kokesh must be to his present power supplier. <br />The Minnesota Public Utilities Commission is the state agency that reviews and decides <br />upon all boundary line matters. In its .‘.ixieen year history', the Commission has never <br />modified a territorial line due to rate ditfereniiai and it is safe to say they will <br />continue this policy. <br />Unless Wright-Hennepin is willing to release .Mr. Kokesh to NSP. there is little hope <br />a transfer of service area will occur. In Section 216B.39. Subd. 3. there is a provision <br />that the Commission could make territorial changes on its own or at the request of an <br />electric utility after notice and hearing, however, to my knowledge the Commi.s.sion has <br />never revised territory on its ow n initiativ e n<'r .it the reijuest of a single power supplier.