Title 49 — Public Utilities
33 chapters · 382 sections in this title.
N.D.C.C. § 49-22-01 Short title
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Repealed by S.L. 2017, ch. 328, § 27.
N.D.C.C. § 49-22-02 Statement of policy
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The legislative assembly finds that the construction of energy conversion facilities and transmission facilities affects the environment and the welfare of the citizens of this state. Therefore, it is necessary to ensure that the location, construction, and operation of energy co…
N.D.C.C. § 49-22-03 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Backup electric generation" means electric generation that is not interconnected with the grid and is generated on a temporary basis to replace primary source electric generation when unavailable. 2. "C…
N.D.C.C. § 49-22-04 Ten-year plans - Contents
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1. Each utility that owns or operates, or plans within the next ten years to own, operate, or start construction on any facility shall develop a ten-year plan as specified in this section and submit the plan to the commission. Each utility shall file an updated plan on or before …
N.D.C.C. § 49-22-05 Inventory of potential sites - Criteria - Public hearings
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Repealed by S.L. 1977, ch. 447, § 16.
N.D.C.C. § 49-22-05.1 Exclusion and avoidance areas - Criteria
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1. The commission shall develop criteria to be used in identifying exclusion and avoidance areas and to guide the site, corridor, and route suitability evaluation and designation process. The criteria also may include an identification of impacts and policies or practices which m…
N.D.C.C. § 49-22-06 Facility development plans
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Repealed by S.L. 1977, ch. 447, § 16.
N.D.C.C. § 49-22-07 Certificate of site compatibility or route permit required
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1. A utility may not begin construction of an electric energy conversion facility or an electric transmission facility in the state without first having obtained a certificate of site compatibility or a route permit from the commission pursuant to this chapter. The facility must …
N.D.C.C. § 49-22-07.1 Letter of intent prior to construction
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Repealed by S.L. 2013, ch. 365, § 3.
N.D.C.C. § 49-22-07.2 Waiver of procedures and time schedules
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Any utility which proposes to construct an electric energy conversion facility or an electric transmission facility within the state may make an application to the commission for a waiver of any of the procedures or time schedules set forth in this chapter or in the rules adopted…
N.D.C.C. § 49-22-08.2 Combining application
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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, t…
N.D.C.C. § 49-22-10 Designation of sites and corridors
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Repealed by S.L. 1979, ch. 504, § 15. 49-22-11. Approval of a specific transmission facility route within a designated corridor. Repealed by S.L. 1979, ch. 504, § 15.
N.D.C.C. § 49-22-12 Emergency certification
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Repealed by S.L. 1977, ch. 447, § 16.
N.D.C.C. § 49-22-12.1 Emergency certification
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Repealed by S.L. 1979, ch. 504, § 15.
N.D.C.C. § 49-22-13 Public hearings - Notice
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1. The commission shall hold a public hearing in each county in which any portion of a site, corridor, or route is proposed to be located in an application for a certificate or a permit. If the commission determines there is an emergency that would prevent an in-person hearing in…
N.D.C.C. § 49-22-14 Advisory committees - Appointment - Compensation
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The commission may appoint one or more advisory committees to assist it in carrying out its duties under this chapter. Committees appointed to evaluate sites or corridors considered for designation must be composed of as many persons as may be appointed by the commission, but mus…
N.D.C.C. § 49-22-14.1 Cooperation with state and federal agencies
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The commission may, and is encouraged to, cooperate with and receive and exchange technical information and assistance from and with any department, agency, or officer of any state or of the federal government to eliminate duplication of effort, to establish a common database, or…
N.D.C.C. § 49-22-15 Public participation - Meetings - Records
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Repealed by S.L. 1979, ch. 504, § 15. 49-22-16. Effect of issuance of certificate or permit - Local land use, zoning, or building rules, regulations, or ordinances - State agency rules (Retroactive application - See note). 1. The issuance of a certificate of site compatibility or…
N.D.C.C. § 49-22-16.2 Easements for a facility - Terms
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Any easement for an electric transmission facility as defined in this chapter acquired contractually by a utility after July 1, 1979, shall give the landowner the option of receiving a single sum payment for the easement or receiving payment in annual installments of equal amount…
N.D.C.C. § 49-22-16.4 Light-mitigating technology system - Rules
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1. The commission shall adopt rules by January 1, 2019, relating to the implementation of light-mitigating technology systems on wind energy conversion facilities. The rules must be consistent with the federal aviation administration regulations [14 CFR 1.1 et seq.] and must incl…
N.D.C.C. § 49-22-17 Improvement of sites or locations
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Utilities that have acquired an electric energy conversion facility site or electric transmission line route in accordance with the provisions of this chapter may proceed to construct or improve such site or route for the intended purposes at any time, subject to subsections 2 an…
N.D.C.C. § 49-22-18 Rules and regulations
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The commission shall adopt rules and regulations in conformity with the provisions of this chapter and to prescribe methods and procedures required therewith.
N.D.C.C. § 49-22-19 Hearing - Judicial review
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Any party aggrieved by the issuance of a certificate of site compatibility or electric transmission facility construction permit from the commission, certification of continuing suitability filed by a utility with the commission, or promulgation of a final order by the commission…
N.D.C.C. § 49-22-20 Revocation or suspension of certificate or permit
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A certificate of site compatibility or permit for the construction of an electric transmission facility may be revoked or suspended for: 1. Any material false statement in the application or in accompanying statements or studies required of the applicant. 2. Failure to comply wit…
N.D.C.C. § 49-22-21 Penalties
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1. Any person required by this chapter to have a certificate or permit who willfully begins construction of an electric energy conversion facility or electric transmission facility without previously securing a certificate or permit as prescribed by this chapter, or who willfully…
N.D.C.C. § 49-22-23 Transfer
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Repealed by S.L. 1977, ch. 447, § 16.
N.D.C.C. § 49-22-24 Safety
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Every utility that owns or operates electric generation of any size for the primary purpose of resale shall comply with the standards of the national electrical safety code in effect at the time of construction of the generation.
N.D.C.C. § 49-22-25 Approval for temporary operation or variance
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1. The commission may approve temporary operation of facilities or a temporary variance from approved construction, operation, or maintenance of facilities upon a showing of good cause and receipt of a utility certification that the activities will have no adverse impacts upon th…
N.D.C.C. § 49-22-26 Protection of cultural or historic site data
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The commission may limit access to, and release of, information that contains data that specifically identifies the location of cultural, archaeological, historical, or paleontological sites.