Title 49, Public Utilities

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.

As used in this chapter, unless the context otherwise requires: 1. "Abandoned" means no longer in service and physically disconnected from a portion of the facility or from any other facility that is in use or still carries services. 2. "Board" means the board of directors of the…

A local governmental entity that issues permits for an activity involving excavation shall display an excavator's and operator's notice at the location where permits are obtained. An excavator's and operator's notice and a copy of this chapter must be furnished to each person obt…

1. An operator shall participate in and share in the costs of the statewide notification center operated by a vendor selected under this section. 2. A person doing business as an excavator or operator under this chapter shall participate in and share in the costs of a statewide n…

1. Except in an emergency, an excavator shall contact the notification center and provide an excavation or location notice before beginning any excavation. An excavation begins the first time excavation occurs in an area that was not previously identified by the excavator in an e…

1. An individual making a request for location for information, design, or purposes other than excavation shall contact the notification center for a survey location. The survey notice must contain: a. The name, address, and telephone number of the person making the notification;…

To avoid damage to and minimize interference with underground facilities in and near the excavation area, a ticket holder shall: 1. Maintain a clearance between an underground facility and the cutting edge or point of any mechanized equipment, considering the known limit of contr…

1. a. If any damage occurs to an underground facility or its protective covering, the excavator shall notify the operator as soon as reasonably possible. When the operator receives a damage notice, the operator shall dispatch, as soon as reasonably possible, personnel to the dama…

A person with a permit for excavation from the state or a local governmental unit is subject to this chapter. This chapter does not affect or impair local ordinances, charters, or other provisions of law requiring permits to be obtained before excavating.

As used in this chapter: 1. "Hazardous vegetation" means plants, such as trees, shrubs, and grass, which are dry, diseased, dead, or in close proximity to power lines and could come into contact with power lines, especially in dry and windy conditions, and lead to electrical faul…

A court may not apply a standard of strict liability to a qualified utility in any cause of action alleging the qualified utility caused wildfire related damages.

1. A qualified utility may prepare a wildfire mitigation plan in accordance with this chapter. 2. A wildfire mitigation plan under this section must include a description of: a. Areas within the service territory of the qualified utility which may be subject to a heightened risk …

1. An electric public utility or electric transmission provider may submit for filing a wildfire mitigation plan to the commission. An electric public utility or electric transmission provider shall publish on its website all wildfire mitigation plans within thirty days of filing…

1. An electric public utility or electric transmission provider with a wildfire mitigation plan on file may submit an annual report detailing the utility's compliance with the plan to the commission, no later than December thirty-first of each year the plan is effective. If the u…

No public utility shall begin construction or operation of a public utility plant or system without first obtaining from the commission a certificate that public convenience and necessity require or will require such construction and operation.

In this chapter, unless the context or subject matter otherwise requires: 1. "Commission" means the public service commission. 2. "Public utility" includes any association, person, firm, corporation, limited liability company, or agency engaged or employed in this state to furnis…

Application for a certificate of public convenience and necessity shall be made upon forms prescribed by the commission. The commission shall make regulations for the filing of such application. The application must contain a financial statement, a description of the type of serv…

Before granting a certificate of public convenience and necessity, the commission shall take into consideration: 1. Need for the service. 2. Fitness and ability of applicant to provide service. 3. Effect on other public utilities providing similar service. 4. Adequacy of proposed…

Before any certificate may be issued under this chapter, a certified copy of the articles of incorporation, charter, or organization of the public utility, if the applicant is a corporation or a limited liability company, shall be filed with the commission. At the hearing on the …

No public utility henceforth shall exercise any right or privilege under any franchise or certificate hereafter granted, or under any franchise or certificate heretofore granted, the exercise of which has been suspended or discontinued for more than one year, without first obtain…

No public utility need secure a renewal certificate of public convenience and necessity under this chapter in order to exercise rights under a franchise hereafter granted where it has not suspended operation of its plant and where such franchise merely replaces or renews an expir…

Whenever a public utility engages or is about to engage in construction or operation as described in this chapter without having secured a certificate of public convenience and necessity as required by this chapter, any interested municipality, public authority, public utility, c…

1. Before providing service in this state or collecting payment for service in advance of providing the service for which payment was collected, a telecommunications company that is not an incumbent telecommunications company under chapter 49-21 shall register with the commission…

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Bypassing" means the act of attaching, connecting, or in any manner affixing any wire, cord, socket, motor or other instrument, device, or contrivance to the utility supply system or any part th…

1. A utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts any of the following acts which results in loss to the utility: a. Bypassing. b. Tampering. c. Unauthorized metering. 2. A utility may bring a civil ac…

1. It is a disputable presumption that a tenant or occupant of premises where bypassing, tampering, or unauthorized metering occurred, caused or had knowledge of the bypassing, tampering, or unauthorized metering if the tenant or occupant had access to the part of the utility sup…

This chapter does not limit or control any other statutory rights or claims for relief which may be brought by a utility.

As used in this chapter: 1. "Crossing" means the construction, operation, repair, or maintenance of a facility over, under, or across a railroad right of way by a utility. The term includes the construction, operation, repair, or maintenance of a facility that runs adjacent to an…

A utility may cross over or under the railroad right of way for the placement of facilities, subject to payment of the crossing fee in section 49-09.1-05 and reasonable regulation and negotiation in good faith as to location, placement, and compensation, when the placement of fac…

1. A utility that intends to place a facility across a railroad right of way shall provide notice of the placement to the railroad at least thirty days before the placement. 2. The notice must include a completed crossing application, including a drawing showing the location of t…

Thirty-five days after the receipt by the railroad of the completed crossing application, crossing fee, and certificate of insurance, the utility may commence the construction of the crossing, unless the railroad notifies the utility in writing that the proposed crossing is a ser…

1. Unless otherwise agreed by the parties, a utility that crosses a railroad right of way, other than a crossing within the public right of way, shall pay the railroad a one-time standard crossing fee of seven hundred fifty dollars for each crossing. 2. The crossing fee is in lie…

1. The certificate of insurance or coverage submitted by a municipality must include commercial general liability insurance or equivalent form with a limit of not less than one million dollars for each occurrence and an aggregate of not less than two million dollars. 2. The certi…

1. If a railroad objects to the proposed crossing due to the proposal being a serious threat to the safe operations of the railroad or to the current use of the railroad right of way, the railroad shall provide notice of the objection and the specific basis of the objection to th…

1. If, in writing by registered mail, a railroad asserts special circumstances exist, other than the proposed crossing being a serious threat to the safe operations of the railroad or to the current use of the railroad right of way, or imposes additional requirements on a utility…

1. A railroad may require a utility to relocate a facility if the railroad determines relocation is essential to accommodate railroad operations, and the relocation is not arbitrary or unreasonable. Before agreeing to the relocation, a utility may require a railroad to provide a …

Upon completion of any facility, the utility shall remove, or cause to be removed, all tools, equipment, or other property used in the construction of the facility and, if railroad property was moved or disturbed, restore that property to the condition of the property before bein…

1. A utility may assign or otherwise transfer any rights to cross a railroad right of way to any financially responsible entity controlled by, controlling, or under common control of the utility or to any entity into or with which the utility is merged or consolidated or which ac…

1. A utility may not create, permit, or cause a mechanic's lien or other lien to be created or enforced against the railroad's property for any work performed by the utility in connection with the utility's facilities located in the railroad's right of way. 2. A railroad may not …

A utility promptly shall pay or discharge all taxes and charges levied upon the utility's facilities located in the railroad's right of way. If any taxes or charges can not be separately made or assessed to the utility, but are included in the taxes or charges assessed to the rai…

1. This chapter does not prevent a railroad and a utility from continuing under an existing agreement or otherwise negotiating the terms and conditions applicable to a crossing or the resolution of any disputes relating to the crossing. 2. This chapter does not impair the authori…

The commission, to the extent not inconsistent with federal law, may regulate railroads within this state to the extent railroad activities constitute intrastate commerce. The commission may represent the state interests in direct negotiations with rail carriers and in proceeding…

All railroads are common carriers affected with a public interest and subject to regulation as prescribed by this chapter and other applicable provisions of law. The commission, to the extent not inconsistent with federal law, shall regulate railroads to ensure that all rates, fa…

The commission shall regulate all railroads carrying property or passengers within this state. The commission, to the extent not inconsistent with federal law, shall: 1. Prevent unfair competition, unjust discrimination, or undue or unreasonable preferences between shippers or co…

Railroad police officers who are designated by a railroad to be licensed under the laws of this state, while within the scope of employment with the railroad, have the authority of a "law enforcement officer" as defined under section 12.1-01-04 for the purpose of: 1. Arresting an…

On a finding by the commission that public convenience and necessity so require it, a railroad shall be required to build a spur track to serve elevators, warehouses, mills, or like structures, at the expense of the party desiring the spur track to be built. The person desiring t…