Title 49 — Public Utilities
33 chapters · 382 sections in this title.
N.D.C.C. § 49-02-01 General jurisdiction of the public service commission over public utilities
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The general jurisdiction of the commission shall extend to and include: 1. Contract and common carriers engaged in the transportation of persons and property, excluding air carriers. 2. Telecommunications companies engaged in the furnishing of telecommunications services as provi…
N.D.C.C. § 49-02-01.1 Jurisdiction of commission limited as to certain utilities - Exemption
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1. Nothing in this chapter or in chapter 49-21 authorizes the commission to make any order affecting rates, contracts, services rendered, adequacy, or sufficiency of facilities, or the rules or regulations of any public utility owned and operated by the state or by any city, coun…
N.D.C.C. § 49-02-02 Powers of public service commission with reference to public utilities
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The commission shall have power to: 1. Investigate all methods and practices of public utilities or other persons, subject to the provisions of this title. 2. Require public utilities or other persons to conform to the laws of this state and to all rules, regulations, and orders …
N.D.C.C. § 49-02-02.1 Applicant to pay cost of publishing notice
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When an application is filed under this title for which there is no application fee, the applicant shall pay the cost of publishing any notice issued by the commission for the application.
N.D.C.C. § 49-02-03 Power of public service commission to establish rates
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The commission shall supervise the rates of all public utilities. It shall have the power, after notice and hearing, to originate, establish, modify, adjust, promulgate, and enforce tariffs, rates, joint rates, and charges of all public utilities. Whenever the commission, after h…
N.D.C.C. § 49-02-03.1 Power to fix special rates - Public service commission
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Repealed by S.L. 1963, ch. 322, § 2.
N.D.C.C. § 49-02-04 Power of commission to regulate services
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Whenever the commission shall find, after hearing, that the rules, regulations, practices, equipment, appliances, facilities, or service of any public utility, or the methods of manufacture, distribution, transmission, storage, or supply employed by it are unjust, unreasonable, u…
N.D.C.C. § 49-02-05 Use by one utility of the facilities of another utility
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Whenever upon hearing, after due notice, the commission has found that public convenience and necessity require the use by one public utility of the conduits, subways, tracks, wires, poles, pipes, or other equipment, or any part thereof, on, over, or under any street or highway a…
N.D.C.C. § 49-02-07 Appliances tested on request of consumer - Fee for testing
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Any consumer or user of any product, commodity, or service of a public utility may have any appliance used in the measurement thereof tested by paying the fees fixed by the commission. The commission shall establish and fix reasonable fees to be paid for testing such appliances.
N.D.C.C. § 49-02-08 Testing meters - Gas - Electric
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The commission shall test, request a public utility to test, or use a third party to test meters of public utilities used: 1. To measure the amount of electric current passing through such meters to consumers. 2. To measure the amount of gas passing through such meters for the us…
N.D.C.C. § 49-02-09 Purpose of testing meters
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Tests shall be made for the purpose of determining the accuracy of the meters and shall determine whether or not the British thermal unit content of gas, either natural or artificial, distributed by public utilities, is of the standard that now or hereafter may be prescribed by t…
N.D.C.C. § 49-02-10 Rules for meters
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The commission shall make such rules as it may deem proper and necessary as to the manner in which tests of meters and heat values shall be made. 49-02-11. Standards - Classification - Examinations - Provided by public service commission. The commission shall: 1. Ascertain and fi…
N.D.C.C. § 49-02-12 System of accounts, records, and memoranda established
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The commission shall: 1. Establish a system of accounts to be kept by a public utility subject to its jurisdiction. 2. Classify public utilities, establish a system of accounts for each class, and prescribe the manner in which such accounts shall be kept. 3. Prescribe the forms f…
N.D.C.C. § 49-02-12.1 Public service commission open meetings
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Except as otherwise provided by law, a meeting of the public service commission is subject to the requirements of chapter 44-04. A meeting of the public service commission does not include a quorum of members attending a legislative committee. The public service commission is exe…
N.D.C.C. § 49-02-13 Jurisdiction of commission limited as to municipal utilities
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Repealed by omission from this code.
N.D.C.C. § 49-02-14 Inspection of public utility accounts - Right as to examinations
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The commission, and each commissioner, and each officer or other person duly authorized by the commission, shall have the right, at any time, to inspect the accounts, books, papers, and documents of any public utility. The commission, each commissioner, any officer of the commiss…
N.D.C.C. § 49-02-15 Excessive or discriminatory charges - Reparation
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When complaint has been made to the commission concerning any rate or charge for any product or commodity furnished or service performed by any public utility, and the commission has found, upon a hearing after notice given as required by this title, that the public utility has c…
N.D.C.C. § 49-02-16 Investigation of interstate rates
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The commission shall exercise constant diligence in informing itself of the rates, rules, and practices of common carriers engaged in: 1. The transportation of freight, express, and passengers; 2. The transportation by pipeline of crude petroleum, gas, or other petroleum products…
N.D.C.C. § 49-02-17 Unreasonable rates, rules, and practices affecting interstate commerce
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Whenever it shall come to the knowledge of the commission, either from its own investigation or by complaint made to it in any manner whatsoever, that the rates charged by any public utility including any common carrier on interstate business are unjust or unreasonable or that th…
N.D.C.C. § 49-02-18 Failure of utility to adjust rates - Action by public service commission
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Whenever discriminatory, unreasonable, or unjust, rates, rules, or practices on interstate business are not changed or adjusted so as to remove or remedy the discrimination, unreasonableness, or unjustness, within a reasonable time, the commission shall take the action necessary …
N.D.C.C. § 49-02-19 Power to fix special rates - Public service commission
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Repealed by omission from this code.
N.D.C.C. § 49-02-20 Notice to be given before special rate fixed
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Repealed by S.L. 1963, ch. 322, § 2. 49-02-21. Power of commission to regulate raising and lowering of electric supply and communication lines. The public service commission shall have power: 1. To regulate the raising and lowering of electric supply and communication lines to pe…
N.D.C.C. § 49-02-23 Consideration of environmental externality values prohibited
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The commission may not use, require the use of, or allow electric utilities to use environmental externality values in the planning, selection, or acquisition of electric resources or the setting of rates for providing electric service. Environmental externality values are numeri…
N.D.C.C. § 49-02-25 Renewable electricity and recycled energy defined
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As used in section 49-02-24, renewable electricity and recycled energy include electricity generated from facilities using the following sources: 1. Solar, using the sun as the source of energy for producing electricity. 2. Wind, using the wind as the source of energy for produci…
N.D.C.C. § 49-02-26 Qualifying for renewable electricity and recycled energy credits
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For purposes of qualifying for renewable electricity and recycled energy credits, electricity must be generated from a source identified in section 49-02-25.
N.D.C.C. § 49-02-27 Decommissioning of renewable energy conversion facilities
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1. The commission shall adopt rules governing the decommissioning of commercial wind energy conversion facilities. The rules must address: a. The anticipated life of the project; b. The estimated decommissioning costs in current dollars; c. The method and schedule for updating th…
N.D.C.C. § 49-02-28 State renewable and recycled energy objective
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Repealed by S.L. 2025, ch. 432, § 2.
N.D.C.C. § 49-02-29 Qualifying for renewable electricity and recycled energy objective
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Repealed by S.L. 2025, ch. 432, § 2. 49-02-30. Application of electricity generated from existing hydroelectric facilities in calculating the renewable and recycled energy objective. Repealed by S.L. 2025, ch. 431, § 4. 49-02-31. Purchase and retirement of renewable energy and re…
N.D.C.C. § 49-02-32 Use of renewable and recycled energy - Economic evaluation
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Repealed by S.L. 2025, ch. 432, § 2. 49-02-33. Verification of generation and of purchase of renewable energy and recycled energy certificates. Repealed by S.L. 2025, ch. 432, § 2. 49-02-34. Public reporting on progress toward meeting the renewable energy and recycled energy obje…