1.1.................... moves to amend H.F. No. 1038 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 216B.23, is amended by adding a
1.4subdivision to read:
1.5    Subd. 1a. Authority to issue refund. On determining that a public utility has
1.6charged a rate in violation of this chapter, a commission rule, or a commission order, the
1.7commission, after conducting a proceeding, may require the public utility to refund to its
1.8customers, in a manner approved by the commission, any revenues the commission finds
1.9were collected as a result of the unlawful conduct. Any refund authorized by this section
1.10is permitted in addition to any remedies authorized by section 216B.16 or any other law
1.11governing rates. Exercising authority under this section does not preclude the commission
1.12from pursuing penalties under sections 216B.57 to 216B.61 for the same conduct.
1.13Nothing in this section shall be construed as allowing retroactive ratemaking. In
1.14addition, nothing in this section shall be construed to allow refunds based on claims that
1.15prior or current approved rates have been unjust, unreasonable, unreasonably preferential,
1.16discriminatory, insufficient, inequitable, or inconsistent in application to a class of
1.17customers. Moreover, nothing in this section shall be construed to allow refunds based on
1.18claims that approved rates have not encouraged energy conservation or renewable energy
1.19use, or have not furthered the goals of sections 216B.164, 216B.241 or 216C.05. A refund
1.20under this paragraph shall not apply to revenues collected more than six years prior to the
1.21date of the notice of the commission proceeding required under this subdivision.

1.22    Sec. 2. Minnesota Statutes 2008, section 237.081, is amended by adding a subdivision
1.23to read:
1.24    Subd. 4a. Authority to issue refund. On determining that a telephone company has
1.25charged a rate or price in violation of this chapter, a commission rule, or a commission
1.26order, the commission, after conducting a proceeding, may require the telephone company
2.1to refund to its subscribers, in a manner approved by the commission, any revenues
2.2the commission finds were collected as a result of the unlawful conduct. Any refund
2.3authorized by this section is permitted in addition to any remedies authorized by any
2.4other law governing rates. Exercising authority under this section does not preclude the
2.5commission from pursuing penalties under section 237.46 or 237.461 for the same conduct.
2.6Nothing in this section shall be construed as allowing retroactive ratemaking. In
2.7addition, nothing in this section shall be construed to allow refunds based on claims that
2.8prior or current approved rates have been unjust, unreasonable, unreasonably preferential,
2.9discriminatory, insufficient, inequitable, or inconsistent in their application. A refund
2.10under this paragraph shall not apply to revenues collected more than six years prior to the
2.11date of the notice of the commission proceeding required under this subdivision.

2.12    Sec. 3. Minnesota Statutes 2008, section 237.74, is amended by adding a subdivision
2.13to read:
2.14    Subd. 11a. Authority to issue refund. On determining that a telecommunications
2.15carrier has charged a rate or price in violation of this chapter, a commission rule, or a
2.16commission order, the commission, after conducting a proceeding, may require the
2.17telecommunications carrier to refund to its subscribers, in a manner approved by the
2.18commission, any revenues the commission finds were collected as a result of the unlawful
2.19conduct. Any refund authorized by this section is permitted in addition to any remedies
2.20authorized by any other law governing rates. Exercising authority under this section does
2.21not preclude the commission from pursuing penalties under section 237.46 or 237.461 for
2.22the same conduct.
2.23Nothing in this section shall be construed as allowing retroactive ratemaking. In
2.24addition, nothing in this section shall be construed to allow refunds based on claims that
2.25prior or current approved rates have been unjust, unreasonable, unreasonably preferential,
2.26discriminatory, insufficient, inequitable, or inconsistent in their application. A refund
2.27under this paragraph shall not apply to revenues collected more than six years prior to the
2.28date of the notice of the commission proceeding required under this subdivision."