North Dakota Administrative Code

The annual progress report required by North Dakota Century Code section 49-02-34 must be filed in the form and detail the commission may require. History: Effective April 1, 2011. General Authority: NDCC 49-02-34 Law Implemented: NDCC 49-02-34 4…

1. "Capacity factor" means the ratio of the actual output generated by a facility for a period of time, to the output that could be produced at the nameplate generating capacity of that facility. 2. "Certificate of operation" means an affidavit executed by the owner certifying to…

The owner is responsible for decommissioning the facility and for all costs associated with decommissioning. History: Effective October 1, 2008; amended effective July 1, 2017. General Authority: NDCC 28-32-02, 49-02-27 Law Implemented: NDCC 49-02-27

1. After construction of a facility is complete, the owner shall annually file a certificate of operation with the commission for that facility by April first of each year. 2. If no energy is generated by one or more wind turbines for the time period specified in the certificate …

The owner shall begin decommissioning within twelve months after abandonment or the end of its useful life. Decommissioning must be completed within twenty-four months after abandonment or the end of its useful life unless the commission approves a plan specifying the steps and s…

1. Decommissioning the facility includes: a. Dismantling and removal of all towers, turbine generators, transformers, fencing, overhead cables, inverters, transformers, substations and other equipment; b. Removal of underground cables to a depth of twenty-four inches [60.96 centi…

1. Prior to the commencement of operation of a facility, the owner must have an approved decommissioning plan. 2. The commission shall make a determination on the decommissioning plan no later than sixty days after the decommissioning plan is deemed complete by the commission. 3.…

The owner of an existing facility shall provide financial assurance upon ten years of operation sufficient to complete decommissioning. History: Effective October 1, 2008; amended effective July 1, 2017; July 1, 2020. General Authority: NDCC 28-32-02, 49-02-27 Law Implemented: ND…

1. Prior to commencement of construction of a facility, the owner shall provide financial assurance equal to five percent of the estimated cost of construction of the facility that may be used to decommission the facility in the event it is abandoned prior to operation. Within si…

If the owner does not complete decommissioning, the commission may take action to complete decommissioning, including action to require forfeiture of a bond. The entry into a participating landowner agreement shall constitute agreement and consent of the parties to the agreement,…

The commission may grant a waiver of any requirement described in sections 69-09-09-03, 69-09-09-06, or 69-09-09-08 for a commercial wind energy conversion facility with a nameplate generating capacity of no more than five megawatts of electricity upon a motion demonstrating good…

1. "Capacity factor" means the ratio of the actual output generated by a facility for a period of time, to the output that could be produced at the nameplate generating capacity of that facility. 2. "Certificate of operation" means an affidavit executed by the owner certifying to…

The owner is responsible for decommissioning the facility and for all costs associated with decommissioning. History: Effective July 1, 2020. General Authority: NDCC 28-32-02, 49-02-27 Law Implemented: NDCC 49-02-27

1. After construction of a facility is complete, the owner annually shall file a certificate of operation with the commission for that facility by April first of each year. 2. A facility is presumed to be at the end of its useful life if its annual capacity factor is less than fi…

The owner shall begin decommissioning within twelve months after abandonment or the end of its useful life. Decommissioning must be completed within twenty-four months after abandonment or the end of its useful life unless the commission approves a plan specifying the steps and s…

1. Decommissioning the facility includes: a. Dismantling and removal of all panel racking, photovoltaic modules, supports, anchors, towers, fencing, overhead cables, inverters, transformers, substations, and other equipment; b. Removal of underground cables to a depth of twenty-f…

1. Prior to the commencement of operation of a facility, the owner shall have an approved decommissioning plan. 2. The commission shall make a determination on the decommissioning plan no later than sixty days after the decommissioning plan is deemed complete by the commission. 3…

The owner of an existing facility shall provide financial assurance upon ten years of operation sufficient to complete decommissioning. History: Effective July 1, 2020. 3 General Authority: NDCC 28-32-02, 49-02-27 Law Implemented: NDCC 49-02-27…

1. Prior to commencement of construction of a facility, the owner shall provide financial assurance equal to five percent of the estimated cost of construction of the facility that may be used to decommission the facility in the event it is abandoned prior to operation. Within si…

If the owner does not complete decommissioning, the commission may take action to complete decommissioning, including action to require forfeiture of a bond. The entry into a participating landowner agreement constitutes agreement and consent of the parties to the agreement, thei…

The commission may grant a waiver of any requirement described in sections 69-09-10-03, 69-09-10-06, or 69-09-10-08 for a commercial solar energy conversion facility with a nameplate generating capacity of no more than five megawatts of electricity upon a motion demonstrating goo…

A common pipeline carrier shall maintain its tariffs and have them available for production upon commission request. History: Effective January 1, 2022. General Authority: NDCC 28-32-02, 49-19-17 Law Implemented: NDCC 49-19-17 1

1. "Resource plan" means a set of resource options an electric public utility plans to use to meet the electric capacity and energy requirements of the utility's customers over a planning horizon, including an explanation of the electric supply and demand circumstances when each …

1. An electric public utility shall file a resource plan on a three-year cycle. The electric public utility may file a supplement to the plan with necessary updates and shall file a supplement upon commission request. 2. The commission may investigate a resource plan. Foregoing a…

1. A resource plan must identify the resources needed to meet forecasted capacity and energy needs, including a reserve requirement, subject to various objectives, including reliability, planning, operational, and regulatory requirements. The resource plan must provide a North Da…

1. The resource plan must describe the: 2 a. Key data, assumptions, model inputs, information used in producing forecasts and models, and how uncertainties in assumptions were incorporated into the analysis; b. Type, cost, and relevant operating characteristics of demand-side and…

1. An electric public utility shall meet with the commission annually to report on security preparedness. 2. The report must provide: a. Information on the policies, procedure, and process used to inform the management of security risk; b. Information on any critical technology, …

As used in article 69-10: 1. "Audit trail" means an electronic count or information record of the changes to the values of the calibration or configuration parameters of a device. 2. "Automatic bulk weighing system" means a weighing system adapted to the automatic weighing of bul…

A person, other than a registered service person, who installs a commercial weighing or measuring device must report the installation to the commission within seven working days from the day the installation was completed. The device must then be certified by a weights and measur…

A weighing and measuring device may only be certified for commercial use by the commission or a registered service person. Certification must take place at the location of intended use unless the device is otherwise designed, in which case the device must be tested by the commiss…

A commercial weighing and measuring device may only be repaired, tested, calibrated, and placed into commercial service by a registered service person, or tested and adjusted, as allowed by law, and certified for commercial service by the commission, whichever is applicable. Hist…

The commission or a registered service person may inspect, test, and calibrate a commercial weighing or measuring device annually. The owner of any commercial weighing or measuring device is responsible for its accuracy and must have it tested once every fifteen months. The commi…

1. A weighing or measuring device used in commerce must be certified and sealed. A security seal must be installed where applicable, to prevent or indicate unauthorized adjustments to the calibration of the device. If a security seal is unable to be installed, the device must be …

Repealed effective January 1, 2021.

An equipment repair notice tag defaults to a rejection seal if the device is not repaired or modified to a compliant state within sixty days. An equipment repair notice tag may be used in the following circumstances: 1. During the period any one of the following is pending: a. Re…

Repealed effective April 1, 1992.

The operator of any commercial weighing or measuring device, other than an operator seeking a split-weigh variance permit under section 69-10-01-04.2, may make written request for a variance permit from the commission under North Dakota Century Code section 64-02-02. The request …

The operator of any motor truck or motor truck dump scale installed after April 1, 1965, may make written request for a permanent split-weigh variance permit from the commission under North Dakota Century Code section 64-02-02. The request for a variance permit must contain: 1. T…

Once a weighing or measuring device has been rejected, the device may not be used in commerce. A device that is rejected for repair must be modified or repaired by a registered service person within thirty days of the date it was rejected. The commission may install a security se…

An inactive commercial weighing or measuring device unused or tagged "not sealed" for longer than one year, must meet all current state laws and rules before it may be retested and certified, unless the operator receives a variance permit allowing for the use of the device. Histo…

Repealed effective April 1, 1992.

All sales of liquefied petroleum gas in a liquid state must be made through a meter having an automatic temperature compensator. The compensator must be connected, operable, and in use at all times. History: Effective February 1, 1996; amended effective January 1, 2021. General A…

Repealed effective July 1, 2008.

When requested, the owner or operator of any commercial weighing or measuring device shall supply access and assistance to a weights and measures inspector in movement of the test weights to and from and on and off the scale for testing purposes, or for returning liquids to above…

Repealed effective August 1, 2000.

Meters designed for bulk loading use may not be used for retail fuel sales without first obtaining a variance from the commission, which may be granted for no longer than six months. History: Effective September 1, 1994. General Authority: NDCC 64-02-03 Law Implemented: NDCC 64-0…

A bulk liquid fuel meter used in commerce and not marked from the manufacturer with the liquid to be measured must be sealed with a tag indicating the product for which the meter is designed to deliver, or the liquid used to certify the meter if other than the design liquid. Hist…

A bulk liquid fuel meter may not be used for the commercial delivery of any liquid fuel that is not substantially similar in physical properties to the liquid fuel for which it was designed, tested, and certified. History: Effective September 1, 1994. General Authority: NDCC 64-0…

The commission may obtain copies of, and examine any weigh ticket, weigh receipt, meter printer ticket, or any other record of sale resulting from the operation of any commercial weighing or measuring device. History: Effective August 1, 1993. General Authority: NDCC 64-02-03 Law…

A record of a sale such as a weigh ticket, weigh receipt, meter printer ticket, or any other record resulting from the operation of any commercial weighing or measuring device must be maintained on file at the place of sale for a period of not less than two years from the date of…