Title 49 — Public Utilities
33 chapters · 382 sections in this title.
N.D.C.C. § 49-06-01 Valuation of property as basis for determining reasonableness of rates
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The commission, for the purpose of ascertaining just and reasonable rates and charges of public utilities, or for any other purpose authorized by law, shall investigate and determine the value of the property of every public utility, except railroads and motor carriers, used and …
N.D.C.C. § 49-06-02 Value of property for ratemaking purposes - Determination
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The value of the property of a public utility, as determined by the commission for ratemaking purposes, is the money honestly and prudently invested therein by the utility including construction work in progress for new facilities that use lignite mined in this state to generate …
N.D.C.C. § 49-06-03 Value of goodwill not to be considered in ratemaking
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The value of public utility property for ratemaking purposes shall not include or be affected by goodwill value, going concern value, or franchise value in excess of payments made therefor.
N.D.C.C. § 49-06-04 Fair market price to be allowed in fixing valuations
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The commission, in determining the rates to be charged by any utility under its jurisdiction, shall ascertain whether an advanced or fictitious cost price, or a price in excess of the fair market value of any commodity, machinery, equipment, material, or service has been paid or …
N.D.C.C. § 49-06-05 When valuation or revaluation required
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The commission, upon its own motion, may, and, upon a petition for a valuation or revaluation of the property of a public utility, including necessary audits, for the purpose of determining the rate to be charged for the service rendered, signed by twenty-five percent of the patr…
N.D.C.C. § 49-06-06 Disagreement on new rate - Bond required
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If no new rate shall have been agreed upon, as provided in section 49-06-05, then pending the investigation and final order of the commission, if it is of the opinion that public interest so requires, the commission immediately shall make an order that the utility shall file with…
N.D.C.C. § 49-06-07 Failure of utility to file bond - Temporary rates prescribed by commission
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If, within thirty days after the service of the order, as set forth in section 49-06-06, the public utility fails, neglects, and refuses to file a bond or undertaking with the commission, then the commission immediately shall fix, determine, and prescribe temporary rates to be ch…
N.D.C.C. § 49-06-08 Determination of permanent rates
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Temporary rates fixed, determined, and prescribed under this chapter shall be effective until the rates to be charged, received, and collected by the public utility company shall have been fixed, determined, and prescribed finally. The commission, in any proceeding in which tempo…
N.D.C.C. § 49-06-09 Utility to remit to consumer if rate lower than temporary rate
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If the final rates fixed, determined, and prescribed are less than the temporary rates fixed under the provisions of section 49-06-07, the public utility shall pay or remit to each of the several customers, patrons, or users such sum as such customer, patron, or user has paid to …
N.D.C.C. § 49-06-10 Valuation - Notice - Finality - Prima facie evidence
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The commission, whenever it shall have completed a valuation of the property of any public utility and before such valuation shall have become final, shall give notice by registered or certified mail to such public utility. If, within thirty days after such notice, no protest sha…
N.D.C.C. § 49-06-11 Hearings as to valuations - Called by commission
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For the purpose of ascertaining the reasonableness and justice of the rates and charges of public utilities, or for any other purpose authorized by law, the commission may cause a hearing to be held in the manner prescribed in chapter 28-32 to determine the value of the property …
N.D.C.C. § 49-06-12 Notice of hearing - Preliminary examination
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Before any hearing is had, the commission shall give the public utility affected thereby at least twenty days' written notice, specifying the time and place of said hearing. This provision shall not prevent the commission from making any preliminary examination or investigation i…
N.D.C.C. § 49-06-13 Hearing - Right of public utility - Evidence - Findings - Review
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Any public utility affected shall be entitled to be heard and to introduce evidence at such hearing. The commission is empowered to resort to any other source of information available. The evidence introduced at such hearing shall be reduced to writing and certified under the sea…
N.D.C.C. § 49-06-14 Findings of commission - Admissible as evidence
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The findings of the commission, as made and filed, when properly certified by the commission, shall be admissible as evidence in any proceeding or hearing before the commission or any court in which the commission, the state, or any officer, department, or institution thereof, or…
N.D.C.C. § 49-06-15 Corrections and revaluation of public utility property
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The commission, upon the making of a valuation, shall: 1. Keep itself informed through its experts and other assistants of all extensions and improvements or other changes in the conditions and value of the property of the public utility; 2. Ascertain the value of such extensions…
N.D.C.C. § 49-06-16 Additional hearings of commission
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The commission from time to time may cause any further hearing and investigation to be had for the purpose of making a revaluation or ascertaining the value of any betterments, improvements, additions, or extensions made by a public utility subsequent to any hearing or investigat…
N.D.C.C. § 49-06-17 Limitation on number of valuation or revaluation orders
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No order for valuation or revaluation shall be made more than once in every three years after a determination of value has become final. This limitation, however, shall not apply to proceedings to determine past excess earnings for refunding purposes.
N.D.C.C. § 49-06-18 Employment of experts - Attorneys - Costs of hearing
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Repealed by S.L. 1993, ch. 1, § 35.
N.D.C.C. § 49-06-19 Additional costs to be paid - Refund
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Repealed by S.L. 1993, ch. 1, § 35.
N.D.C.C. § 49-06-20 Amount not paid to draw interest - Attorney general to collect
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Repealed by S.L. 1993, ch. 1, § 35.
N.D.C.C. § 49-06-21 Writs of attachment and garnishment summons to be issued
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Repealed by S.L. 1993, ch. 1, § 35.
N.D.C.C. § 49-06-22 Public utility valuation fund - Use
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Repealed by S.L. 1993, ch. 1, § 35. 49-06-23. Expenses of valuation or revaluation paid into public utility valuation revolving fund. Repealed by S.L. 1993, ch. 1, § 35.
N.D.C.C. § 49-06-24 When electric rates not to be increased
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The commission may not increase electric rates as a result of actions taken by other states requiring higher cost resources to be built, purchased, or otherwise acquired as a result of the application of quantified environmental externality values, as defined in section 49-02-23,…