Title 49 — Public Utilities
33 chapters · 382 sections in this title.
N.D.C.C. § 49-22.1-01 Definitions
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In this chapter, unless the context or subject matter otherwise requires: 1. "Certificate" means the certificate of site compatibility or the certificate of corridor compatibility issued under this chapter. 2. "Commission" means the North Dakota public service commission. 3. "Con…
N.D.C.C. § 49-22.1-02 Statement of policy
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The legislative assembly finds the construction of energy conversion facilities and transmission facilities affects the environment and the welfare of the citizens of this state. It is necessary to ensure the location, construction, and operation of energy conversion facilities a…
N.D.C.C. § 49-22.1-03 Exclusion and avoidance areas - Criteria
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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. Except for oil and gas transmission lines in existence before July 1, 1983, areas within five h…
N.D.C.C. § 49-22.1-04 Certificate of site compatibility or route permit required
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A utility may not begin construction of a gas or liquid energy conversion facility or gas or liquid 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 mu…
N.D.C.C. § 49-22.1-05 Waiver of procedures and time schedules
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Any utility that proposes to construct a gas or liquid energy conversion facility or a gas or liquid 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 …
N.D.C.C. § 49-22.1-08 Combining application
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A utility may file a separate application for a certificate or a permit, or combined into one application. 49-22.1-09. Factors to be considered in evaluating applications and designation of sites, corridors, and routes. The commission is guided by, but is not limited to, the foll…
N.D.C.C. § 49-22.1-10 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. § 49-22.1-11 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. § 49-22.1-12 Cooperation with state and federal agencies and political subdivisions
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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. § 49-22.1-16 Improvement of sites or locations
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Utilities that have acquired a gas or liquid energy conversion facility site or gas or liquid transmission line route in accordance with this chapter may proceed to construct or improve such site or route for the intended purposes at any time, subject to subsections 2 and 3 of se…
N.D.C.C. § 49-22.1-17 Rules and regulations
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The commission shall adopt rules in conformity with this chapter and prescribe methods and procedures required therewith.
N.D.C.C. § 49-22.1-18 Hearing - Judicial review
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Any party aggrieved by the issuance of a certificate of site compatibility or gas or liquid 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 commi…
N.D.C.C. § 49-22.1-19 Revocation or suspension of certificate or permit
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A certificate of site compatibility or permit for the construction of a gas or liquid 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…
N.D.C.C. § 49-22.1-20 Penalties
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1. Any person required by this chapter to have a certificate or permit who willfully begins construction of a gas or liquid energy conversion facility or gas or liquid transmission facility without previously securing a certificate or permit as prescribed by this chapter, or who …
N.D.C.C. § 49-22.1-22 Safety
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Repealed by S.L. 2021, ch. 347, § 13.
N.D.C.C. § 49-22.1-23 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. § 49-22.1-24 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.