North Dakota Administrative Code

The following parts of title 49, Code of Federal Regulations in effect as of September 6, 2023, are adopted by reference: 1. Part 190 - Pipeline Safety Programs and Rulemaking Procedures. 2. Part 191 - Transportation of Natural Gas and Other Gas by Pipeline, Annual Reports, Incid…

Repealed effective November 1, 1987.

Determined repealed by the office of the legislative council under section 28-32-06 because the authority for adoption of the rules was superseded by federal law. Repealed effective June 1, 2003.

Determined repealed by the office of the legislative council under section 28-32-06 because the authority for adoption of the rules was superseded by federal law. Repealed effective June 1, 2003.

Railroad companies need not seek commission approval to remove facilities that have not been used to provide direct service to shippers in the past three years. Companies, however, shall notify the commission and persons leasing adjacent railroad property of proposed removals at …

Persons intending to acquire operating railroad right of way under North Dakota Century Code section 49-09-10.2 shall notify the commission and provide it with the information specified by state law at least thirty days prior to the earlier of: 1. The proposed acquisition date; o…

1. "Competitive local exchange company" means any telecommunications company providing local exchange service, other than an incumbent local exchange carrier, whether by its own facilities, interconnection, or resale. 2. "Eligible telecommunications carrier" means a telecommunica…

Upon request of a residential customer or prospective customer for service, the utility shall ask if such customer wishes to be informed of the lowest priced service alternatives available from the utility, and upon an affirmative response shall inform such customer of the lowest…

A utility may not discontinue telecommunications services, except as provided in this section. 1. A utility may discontinue the essential services it provides: a. If the customer is delinquent in payment for essential services, then essential services may be discontinued even tho…

For the purpose of discontinuing or resuming telecommunications service: 1. If a customer's partial payment on outstanding charges for telecommunications services excluding payments on a deferred installment agreement is less than the outstanding charges for essential services an…

1. Each telephone utility subject to the public service commission's jurisdiction may require each applicant for service to make a deposit not to exceed two times the estimated amount of one month's average bill. The utility shall each year pay interest on such deposit at the rat…

1. Definitions. a. "Premise cable" means telecommunications cable or channels on the reseller's side of the point of connection to the local exchange company (demarcation point). b. "Prepayment" means payments made by customers of a reseller in advance of receiving service. Prepa…

1. A local exchange carrier shall not identify a telecommunications company as an optional intrastate interexchange carrier unless the telecommunications company provides the local exchange company with evidence of an effective registration authorizing the provision of intrastate…

A telecommunications company may not change a customer's local or long-distance carrier without authorization from the customer. History: Effective July 1, 1997. General Authority: NDCC 28-32-02, 49-21-01.7 Law Implemented: NDCC 49-21, 49-21-01.7, 49-21-02.4, 49-21-07

1. Definitions. a. "End user" means the person to whom operator service is provided. b. "Operator service" means service provided to assist in the completion or billing of telephone calls through the use of a live operator or automated equipment. "Operator service" does not inclu…

Repealed effective August 1, 1994.

When a customer's service is found to be out of order or a customer reports trouble, the local exchange telecommunications company shall test its facilities to determine if the problem is with the local exchange company's facilities. If it is, the local exchange company shall cor…

The following parts of title 47, Code of Federal Regulations in effect as of July 17, 1997, are adopted by reference: Part 54 - Universal Service, Subpart F - Universal Service Support for Schools and Libraries. Copies of these regulations may be obtained from: Public Service Com…

Each competitive local exchange company shall provide 911 or E-911 service that is comparable to the 911 or E-911 service provided by the incumbent local exchange company operating in each respective service area in which the competitive local exchange company offers service. His…

1. A reseller or competitive facilities-based provider desiring authority to provide service in North Dakota shall register on a form provided by the commission. The registration shall include identification of the applicant's authority to do business in North Dakota. 2. A resell…

telecommunications company - Procedure. 1. An applicant for a certificate of public convenience and necessity as an incumbent local exchange company shall file an application with the commission which includes evidence of the applicant's authority to do business in North Dakota, …

1. A telecommunications company that desires designation as an eligible telecommunications carrier as that term is defined in the Telecommunications Act of 1996 shall make application for such designation with the commission. 2. An application for designation as an eligible telec…

carriers. Eligible telecommunications carriers shall file with the commission on or before August first of each year, beginning in 2007: 1. A report describing the amount of high-cost universal service support the eligible telecommunications carrier received in the prior calendar…

A provider of essential service, on any bill issued for the provision of essential services, shall: 1. Clearly disclose its name, business address, and a toll-free customer inquiry telephone number. The company name and business address must also be made available via the toll-fr…

Carrier-to-carrier interconnection agreements adopted by negotiation must be filed for commission approval under 47 U.S.C. section 252(e), following the procedure set out in this section. 1. The requirements of this section apply to interconnection agreements negotiated under 47 …

The system of accounts used by all North Dakota telecommunications companies subject to rate regulation by the commission shall conform to the uniform system of accounts set forth in title 47, Code of Federal Regulations, part 32, prescribed by the federal communications commissi…

The system of accounts used by all North Dakota natural gas distribution companies subject to rate regulation by the commission must conform to the uniform system of accounts set forth in title 18, Code of Federal Regulations, part 201, prescribed by the federal energy regulatory…

The system of accounts used by all North Dakota electric companies subject to rate regulation by the commission must conform to the uniform system of accounts set forth in title 18, Code of Federal Regulations, part 101, prescribed by the federal energy regulatory commission. His…

rate-regulated gas companies. A North Dakota natural gas distribution company subject to rate regulation by the commission may not capitalize allowance for funds used during construction (AFUDC) as prescribed in title 18, Code of Federal Regulations, part 201, for projects costin…

rate-regulated electric companies. A North Dakota electric company subject to rate regulation by the commission may not capitalize allowance for funds used during construction (AFUDC) as prescribed in title 18, Code of Federal Regulations, part 101, for projects costing less than…

As used throughout this chapter, except where otherwise indicated: 1. "Avoided costs" means the incremental costs to an electric utility of electric energy or capacity or both which, but for the purchase from the qualifying facility or qualifying facilities, such utility would ge…

1. Applicability. This chapter applies to the regulation of sales and purchases between qualifying facilities and electric utilities. 2. Negotiated rates or terms. Nothing in this chapter: a. Limits the authority of any electric utility or any qualifying facility to agree to a ra…

1. Small power production facilities. A small power production facility is a qualifying facility if it: a. Meets the maximum size criteria specified in subsection 1 of section 69-09-07-04; b. Meets the fuel use criteria specified in subsection 2 of section 69-09-07-04; and c. Mee…

1. Size of the facility. a. Maximum size. The power production capacity of the facility for which qualification is sought, together with the capacity of any other facilities which use the same energy resource, are owned by the same person, and are located at the same site, may no…

1. Operating standard for topping-cycle facilities. For any topping-cycle cogeneration facility, the useful thermal energy output of the facility must, during any calendar year period, be no less than five percent of the total energy output. 2. Efficiency standard for topping-cyc…

1. General rule. A cogeneration facility or small power production facility may not be owned by a person primarily engaged in the generation or sale of electric power, other than electric power solely from cogeneration facilities or small power production facilities. 2. Ownership…

1. Qualification. A small power production facility or cogeneration facility which meets the criteria for qualification set forth in section 69-09-07-03 is a qualifying facility. The owner or operator of any facility qualifying under this subsection shall furnish notice to the co…

1. Obligation to purchase from qualifying facilities. Each electric utility shall purchase, in accordance with section 69-09-07-09, any energy and capacity which is made available from a qualifying facility: a. Directly to the electric utility; or b. Indirectly to the electric ut…

1. Rates for purchases must: a. Be just and reasonable to the electric consumer of the electric utility and in the public interest; and 7 b. Not discriminate against qualifying cogeneration and small power production facilities. 2. Relationship to avoided costs. a. For purposes o…

1. General rules. a. Rates for sales: (1) Shall be just and reasonable and in the public interest; and (2) Shall not discriminate against any qualifying facility in comparison to rates for sales to other customers served by the electric utility. b. Rates for sales which are based…

1. Obligation to pay. Each qualifying facility shall be obligated to pay any interconnection costs which the commission may assess against the qualifying facility on a nondiscriminatory basis with respect to other customers with similar load characteristics. 2. Reimbursement of c…

1. Qualifying facility obligation to provide power during system emergencies. A qualifying facility shall be required to provide energy or capacity to an electric utility during a system emergency only to the extent: a. Provided by agreement between such qualifying facility and e…

1. Applicability. This section applies to: 12 a. Any qualifying cogeneration facility; b. Any qualifying small power production facility which has a power production capacity which does not exceed thirty megawatts; and c. Any qualifying small power production facility which has a…

This chapter establishes a program to include tracking, recording, verifying, and reporting the transactions associated with certificates and credits for electricity generated from renewable electricity sources as defined by North Dakota Century Code section 49-02-25 among electr…

As used in this chapter: 1. "Designated representative" means a responsible individual authorized by the owner or operator of a renewable energy facility or purchaser of energy produced from a renewable resource to register that resource with the program administrator. The design…

Renewable energy certificates may be recorded, transferred, and retired as set forth in this chapter. Except where specifically stated, the provisions of this section apply uniformly to all participants in the tracking program. History: Effective July 1, 2006. General Authority: …

program. For a renewable energy facility to be eligible to participate in the tracking program, the facility must be either a new facility or existing facility as defined in section 69-09-08-02 and must also: 1. Register under section 69-09-08-07; and 2. Have output that is capab…

At a minimum, the program administrator shall perform the following functions: 1. Create accounts that track renewable energy certificates for each participant in the tracking program; 2. Award renewable energy certificates to registered renewable energy facilities based on verif…

The program administrator shall administer a tracking program for renewable energy certificates in accordance with the requirements of this chapter. 1. The transfer of renewable energy certificates between parties is effective only when the transfer is recorded by the program adm…

To be awarded renewable energy certificates, a designated representative must complete the registration process described in this section. 1. The designated representative shall register with the program administrator each renewable energy generation unit. At a minimum, the regis…