A utility may file a separate application for a certificate or a permit, or combined into one application.
49-22-09. Factors to be considered in evaluating applications and designation of sites, corridors, and routes. 1. The commission shall be guided by, but is not limited to, the following considerations, where applicable, to aid the evaluation and designation of sites, corridors, and routes: a. Available research and investigations relating to the effects of the location, construction, and operation of the proposed facility on public health and welfare, natural resources, and the environment. b. The effects of new electric energy conversion and electric transmission technologies and systems designed to minimize adverse environmental effects. c. The potential for beneficial uses of waste energy from a proposed electric energy conversion facility. d. Adverse direct and indirect environmental effects that cannot be avoided should the proposed site or route be designated. e. Alternatives to the proposed site, corridor, or route which are developed during the hearing process and which minimize adverse effects. f. Irreversible and irretrievable commitments of natural resources should the proposed site, corridor, or route be designated. g. The direct and indirect economic impacts of the proposed facility. h. Existing plans of the state, local government, and private entities for other developments at or in the vicinity of the proposed site, corridor, or route. i. The effect of the proposed site or route on existing scenic areas, historic sites and structures, and paleontological or archaeological sites. j. The effect of the proposed site or route on areas unique because of biological wealth or because the areas are habitats for rare and endangered species. k. Problems raised by federal agencies, other state agencies, and local entities.
2. The commission may not condition the issuance of a certificate or permit on the applicant providing a mitigation payment assessed or requested by another state agency or entity to offset a negative impact on wildlife habitat. 3. Before the commencement of operations of the proposed facility, the applicant shall inform the commission that the applicant has executed or filed an unexecuted generation interconnection agreement, or comparable transmission services agreement, with the affected regional transmission organization or transmission owner.
49-22-09.1. Approval of hydroelectric transmission facilities by legislative assembly required. After compliance with the applicable requirements of this chapter, any hydroelectric transmission facility that transmits hydroelectric power produced outside the United States, and which crosses any portion of this state, must have the approval of the legislative assembly by concurrent resolution. A person may not begin construction of a hydroelectric transmission facility in this state which transmits hydroelectric power produced outside the United States, or exercise the right of eminent domain in connection with such construction, without first having complied with this chapter and obtained the approval of the legislative assembly. This section does not apply to any electric transmission facility for which a route permit and certificate of corridor compatibility has been issued prior to July 1, 1985, or any extension thereof issued after July 1, 1985.
49-22-09.2. Mitigating environmental impacts - Energy conversion facilities - Transmission facilities. 1. If an applicant elects to provide a payment to mitigate the environmental impact of the construction or operation of a wind energy conversion facility, the payment must be made to the agriculture commissioner who shall deposit the payment into the environmental impact mitigation fund under section 4.1-01-21.1. 2. Excluding a wind energy conversion facility, if an applicant elects to provide a payment to mitigate the environmental impact of the construction or operation of an energy conversion facility, the payment may be made to the agriculture commissioner who shall deposit the payment into the environmental impact mitigation fund under section 4.1-01-21.1. 3. If an applicant elects to provide a payment to mitigate the environmental impact of the construction or operation of a transmission facility, the payment may be made to the agriculture commissioner who shall deposit the payment into the environmental impact mitigation fund under section 4.1-01-21.1. 4. Nothing in this section shall be construed to limit an applicant from conducting mitigation activities.