North Dakota Administrative Code

The terms used throughout this article have the same meanings as in North Dakota Century Code chapter 49-22, and in addition: 1. "Act" means the North Dakota Energy Conversion and Transmission Facility Siting Act, North Dakota Century Code chapter 49-22. 2. "Avoidance criteria" m…

1. Rulemaking hearings. A public hearing consistent with the rulemaking provisions of North Dakota Century Code chapter 28-32 must be held prior to the adoption, amendment, or repeal of a rule. 2. Revocation or suspension hearings. A public hearing consistent with the complaint p…

1. Public representatives. Persons appointed to an advisory committee to advise and assist the commission in the evaluation of a site or corridor who are to serve as representatives of a city or a county shall be deemed to be the public representatives on that committee. 2. Meeti…

1. Time. The time in which the commission is required to act in response to an application does not commence until the commission notifies the applicant in writing that the application is complete. 2. Complete application. An application for a certificate or permit will be deemed…

The following are the designated state agencies and officers entitled to notice when so referred to in this article: 1. Aeronautics commission. 2. Attorney general. 3. Department of agriculture. 4. State department of health. 5. Department of human services. 6. Department of labo…

After all siting permits and certificates are issued by the commission and after all siting process and project inspection expenses are paid, complete and when the commission has determined that any required tree mitigation is satisfactory, any remaining balance of the applicatio…

A ten-year plan must contain the information specified by the commission. History: Amended effective April 1, 2013. General Authority: NDCC 49-22-18 Law Implemented: NDCC 49-22-04

1. A ten-year plan must be filed with the commission, and one copy of each plan must be filed with the county auditor of each county in which any part of a site or corridor is proposed to be located. 2. Notice of the filing of each plan must be given by the utility to each agency…

A utility planning to construct an energy conversion or transmission facility may request a jurisdictional determination from the commission. A request for jurisdictional determination must be in writing. History: Effective April 1, 2011. General Authority: NDCC 49-22-18 Law Impl…

A request for a jurisdictional determination must contain: 1. A description of the size of the facility; 2. A description of the type of the facility; 3. A description of the area to be served; 4. A map of the study area for the proposed site or corridor; 5. A description of the …

1. Form. An application must be reproduced and bound to eight and one-half-inch by eleven-inch size. Accompanying maps must be folded to eight and one-half inches by eleven inches with the title block appearing in the lower right-hand corner. 2. Contents. The application must con…

1. Requirements of order. An order approving the issuance of a certificate must contain findings that the application, with modifications, if any, meets the site or corridor evaluation process requirements of the Act. 2. Modifications or special conditions. a. Any modifications o…

1. Form. An application must be reproduced and bound to eight and one-half-inch by eleven-inch size. Accompanying maps must be folded to eight and one-half inches by eleven inches with the title block appearing in the lower right-hand corner. 2. Contents. The application must con…

1. Issuance of a permit. An order approving the issuance of a permit must: 3 a. Describe the authority granted. b. Contain any special conditions that the commission may require. c. Specify any required modifications in the type, design, routing, right-of-way preparation, or cons…

An application must be in the form prescribed by the commission. 1. Filing. The applicant shall file an original and ten copies of an application with the commission. 2. Contents. The application must contain: a. A description of the type of facility addressed in the application,…

An order approving or denying all or part of a request must contain findings supporting the decision and must specifically describe the procedures and time schedules that are waived. History: Amended effective April 1, 2013. General Authority: NDCC 49-22-18 Law Implemented: NDCC …

The following criteria must guide and govern the preparation of the inventory of exclusion and avoidance areas, and the site suitability evaluation process. 1. Exclusion areas. The following geographical areas must be excluded in the consideration of a site for an energy conversi…

The following criteria must guide and govern the preparation of the inventory of exclusion and avoidance areas, and the corridor and route suitability evaluation process. Exclusion and avoidance areas may be located within a corridor, but at no given point may such an area or are…

A certification of continuing suitability shall contain the following: 1. The proposed date for the commencement of construction or improvement. 2. The information relied upon in making the certification. General Authority: NDCC 49-22-18 Law Implemented: NDCC 49-22-17…

1. If the commission determines that the site or route continues to meet the evaluation requirements of the Act and this article, it shall issue an order authorizing the beginning of construction or improvement, which order shall specify the time within which the utility shall be…

Except as provided in section 69-06-10-02, an application for a certificate of site compatibility for a wind energy conversion facility designed for or capable of generating no more than twenty megawatts of electricity may file an application under this chapter. History: Effectiv…

This chapter does not apply to a wind energy conversion facility with outer boundaries that are adjacent to or within one mile of the outer boundaries of another wind energy conversion facility. History: Effective April 1, 2013. General Authority: NDCC 49-22-18 Law Implemented: N…

The application must be accompanied by: 1. An application fee as required under North Dakota Century Code section 49-22-22. 2. All supporting documentation regarding exclusion and avoidance areas. 3. Written certification that the applicant will follow all siting laws and rules. …

Upon a determination that an application is complete, the commission may issue a notice of filing and notice of opportunity to comment or request for hearing. The notice must be served in the manner 1 provided in section 69-06-01-02 and published once in the official county newsp…

In this chapter: 1. "Aircraft detection lighting system" means a sensor-based system designed to detect aircraft as they approach a wind energy conversion facility; this system automatically activates obstruction lights until they are no longer needed. 2. "Commission" means the p…

1. A wind energy conversion facility for which a certificate of site compatibility was issued after June 5, 2016, must be equipped with a functioning light-mitigating technology in compliance with this chapter by December 31, 2019. 2. A wind energy conversion facility for which a…

Each light-mitigating technology system must be installed, operated, and maintained in accordance with United States department of transportation federal aviation administration regulations [14 CFR 1.1. et. seq] in effect as of July 1, 2018. History: Effective July 1, 2018. Gener…

As used in this article: 1. "Commission" means the public service commission of the state of North Dakota. 2. "Customer" means any person, firm, corporation, municipality, or other political subdivision of North Dakota supplied by any such utility. 3. "Utility" means public utili…

1. Artificial gas. Each utility furnishing manufactured gas shall supply gas which shall have an average heating value of five hundred twenty-five British thermal units per cubic foot [28.32 liters]; and at no time shall the heating value of the gas at such point be less than fiv…

Each utility shall equip itself with a complete standard calorimeter outfit. This equipment shall be used to test the heating value of gas supplied. The accuracy of all calorimeters, as well as the method of making heating value tests, shall be subject to the approval of the comm…

1. Total sulfur. Manufactured gas distributed in this state shall in no case contain more than thirty grains [1.94 grams] of total sulfur per one hundred cubic feet [2.83 cubic meters] unless specific relief is granted by the commission. 2 2. Hydrogen sulfide. In no case shall th…

1. Maximum and minimum limits. The pressure of gas supplied by any utility, as measured at the outlet of the service pipe to any customer, or in the case of high pressure systems at the outlet of the house governor, should be maintained as uniform as practicable. For artificial g…

1. Each utility shall be equipped with a sufficient number of portable recording pressure gauges and shall make frequent measurements of the gas pressure variation throughout each separate distribution system. A record shall be kept of the pressure at some point on each system at…

For the purpose of testing the gas under this chapter, a cubic foot of gas shall be taken to be that amount of gas which occupies the volume of one cubic foot [28.3168 liters] when saturated with water vapor at sixty degrees Fahrenheit [15.56 degrees Celsius] and under a pressure…

1. Each utility shall, unless specifically excused by the commission, provide such laboratory meter testing equipment and other equipment and facilities as may be necessary to make the tests required of it by this chapter or other orders of the commission. The apparatus and equip…

Each utility furnishing metered gas service shall maintain the equipment and facilities necessary for accurately testing all types and sizes of meters employed for the measurement of gas to its customers unless arrangements approved by the commission shall have been made to have …

No meter shall be installed in any location where it may be unnecessarily exposed to heat, cold, dampness, or other cause of damage or in any unduly dirty or inaccessible location. Where these conditions cannot be avoided, a location must be chosen that will least affect the mete…

1. All gas sold by a utility shall be charged for by meter measurements, except that which may be otherwise authorized by the commission. 2. Unless otherwise authorized by the commission, each utility shall provide and install at its own expense and shall continue to own, maintai…

No utility shall use prepayment meters except in special cases or for clearly defined special classes of service authorized by the commission. General Authority: NDCC 49-02-11 Law Implemented: NDCC 49-02-11

1. Installation test. Every gas service meter, whether new or repaired, or that has been removed from the service for any cause, shall be in good order and shall be correct to within two percent before being installed for the use of any customer. However, a utility which has less…

All service meters shall be tested and adjusted at least once in every eight years, or in accordance with a plan approved by the commission. General Authority: NDCC 49-02-11 Law Implemented: NDCC 49-02-11

1. A gas service utility shall test the accuracy of any meter upon request of the customer, shall provide the customer with a report of the test results, and shall keep the complete original test record and a copy of the report on file in the utility's office. 2. A customer may r…

1. Each utility shall keep a record of meter tests for at least two years. The record shall show the identification of the meter, reading of the meter before the test, the results of the test, and accuracy after adjustment, if adjustment is made. 2. Each utility shall annually fi…

1. Each gas utility may require each applicant for service to make a deposit not to exceed one and one-half times the estimated amount of one month's average bill. A receipt showing the 6 amount of the deposit, the date the deposit was made, and the depositor's name shall be issu…

Superseded by section 69-09-01-18.1.

1. A utility may disconnect service if the customer is delinquent in payment for services rendered. However, no utility shall discontinue service to a customer for failure to pay for such service until the utility shall first have given the customer notice of its intention to dis…

1. The utility shall make all extensions to its mains and services where the investment is justified by the anticipated revenue to be received. 2. In the event the utility does not believe that the extension is justified, the commission shall, when so requested by one or more pro…

A utility shall: 1. Keep copies of its rate schedules, rules, and regulations on file in every office where payments are received. 2. Send a statement to each customer containing a clear and concise explanation of the existing rate schedule, and any rate schedule applied for, tha…

1. Bills for service will be rendered monthly unless service rendered covers a period less than a calendar month, or the customer requests and the utility consents to a more frequent billing. The term "month" for billing purposes will mean the period between any two consecutive r…

Bills rendered periodically to consumers for metered service shall show the readings of the meter at the beginning and end of the period for which the bills are rendered and the dates of the meter readings. On all bills which are computed on any other basis than a definite charge…