N.D. Cent. Code § 49-05-07 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-07
49-05-07. Immunity from prosecution for self-incrimination
Status: in_force

49-05-07. Immunity from prosecution for self-incrimination

No person subpoenaed or ordered shall be excused from attending and testifying or from

producing books, records, correspondence, documents, or other evidence in any investigation

or inquiry by or hearing before the commission or any commissioner upon the ground that the

testimony or evidence required of the person may tend to incriminate the person or subject the

person to a penalty or forfeiture. No person shall be prosecuted or subjected to any penalty or

forfeiture for or on account of any act, transaction, matter, or thing concerning which the person

is compelled, after having claimed the privilege against self-incrimination, to testify or produce

evidence. The provisions of this section shall not exempt any person from prosecution or

punishment for perjury. Nothing herein contained shall be construed as in any manner giving to

any public utility immunity of any kind.
N.D. Cent. Code § 49-22-26 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-26
49-22-26. Protection of cultural or historic site data
Status: in_force

49-22-26. Protection of cultural or historic site data

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.
N.D. Cent. Code § 49-06-13 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-13
49-06-13. Hearing - Right of public utility - Evidence - Findings - Review
Status: in_force

49-06-13. Hearing - Right of public utility - Evidence - Findings - Review

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 seal

of the commission. The commission shall make and file its findings of fact in writing upon all

matters concerning which evidence shall have been introduced before it which, in its judgment,

have a bearing on the value of the property of the public utility.
N.D. Cent. Code § 49-21-01.6 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-01.6
49-21-01.6. Call identification services - Charges prohibited - Notice - Exceptions
Status: in_force

49-21-01.6. Call identification services - Charges prohibited - Notice - Exceptions

1. Any telephone call identification service offered in this state by a telecommunications

company must allow a caller on a per-call and a per-line basis to withhold display of a

caller's telephone number from the telephone instrument of the individual receiving the

telephone call placed by the caller.

2. A telecommunications company offering call identification services may not charge any

person who requests that the call identification services be blocked on a per-call basis.

Per-line blocking must be provided without charge for residential customers and

business customers with special needs, such as law enforcement and domestic

violence agencies.

3. A telecommunications company offering a call identification service shall notify its

subscribers that their calls may be identified to a called party at least thirty days before

the service is offered.

4. This section does not apply to:

a. An identification service that is used within the same limited system, including a

Centrex, Centron, or private branch exchange (PBX) system, as the recipient

telephone.

b. An identification service that is used on a public agency's emergency telephone

line or on a line that receives the primary emergency telephone number (911).

c. An identification service provided in connection with legally sanctioned call tracing

or tapping procedures.

d. An identification service provided in connection with any "700", "800", or "900"

access code telecommunications service, or any voice or data store and forward

service.

e. Any other service that, after investigation by the commission, the commission

finds that a nondisclosure or similar agreement will protect the privacy interests of

a calling party.
N.D. Cent. Code § 49-21-07 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-07
49-21-07. Discrimination unlawful
Status: in_force

49-21-07. Discrimination unlawful

It shall be unlawful for any telecommunications company to make any unjust or

unreasonable discrimination in prices, practices, or service for or in connection with like

telecommunications service, or give any undue or unreasonable preference or advantage to any

person or telecommunications company or to subject any person or telecommunications

company to any undue or unreasonable prejudice or disadvantage in the service rendered by it

to the public or to a telecommunications company, or to charge or receive for any such service

rendered, more or less than the prices provided for in the schedules then on file with the

commission. A telecommunications company providing intrastate interexchange message toll

services shall charge uniform prices on all routes where it offers such services. A

telecommunications company providing local exchange service and message toll and private

line services shall cover, in its price for message toll and private line services, the price of

providing access service in its own exchanges. Nothing in this chapter shall be construed to

prevent any telecommunications company from offering or providing volume or other discounts

based on reasonable business practices; from introducing promotional offerings, including

special incentives, competitive discounts, and price waivers; from passing through any state,

municipal or local taxes or fees to the specific geographic areas from which the taxes or fees

originate; from contracting with a retail subscriber to provide telecommunications services at

prices negotiated with the subscriber to meet service requests of the subscriber or competitive

offerings of another telecommunications company; or from furnishing free telecommunications

service or service at reduced prices to its officers, agents, servants, or employees.
N.D. Cent. Code § 49-04-20 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-20
49-04-20. Notification before discontinuance of utility service
Status: in_force

49-04-20. Notification before discontinuance of utility service

1. A public utility shall provide notice to a customer of the utility's intention to discontinue

utility service for payment delinquency in accordance with commission rules.

2. A public utility shall provide notice to a third party designated by a customer of the

utility's intention to discontinue electric or natural gas service to the customer for

payment delinquency. The customer shall designate the third party on a form provided

by or approved by the public utility. The public utility may elect to provide notice to a

designated third party by mail or electronic means. Notice by mail must be made not

less than five days before discontinuance and notice by electronic means must be

made not less than three days before discontinuance. A public utility is immune from

civil liability for failing to provide notice or providing incorrect notice to a third party of

its intention to discontinue utility service to a customer.
N.D. Cent. Code § 49-19-25 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-25
49-19-25. Fraudulent consumption of gas - Punishment
Status: repealed

49-19-25. Fraudulent consumption of gas - Punishment

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 49-10.1-20 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-20
49-10.1-20. Accident report
Status: in_force

49-10.1-20. Accident report

A railroad corporation shall provide immediate notification to the department of emergency

services of an accidental release of a hazardous material.
N.D. Cent. Code § 49-20-03 — ND Code / Title 49 / Chapter 49-20 / Section 49-20-03
49-20-03. Applications - Specifications - Drawings - Prerequisites to construction
Status: in_force

49-20-03. Applications - Specifications - Drawings - Prerequisites to construction

Prior to commencing the construction or reconstruction of any electrical supply line intended

to carry:

1. A constant potential alternating current of over five thousand volts;

2. A constant current circuit exceeding seven and one-half amperes; or

3. A grounded trolley direct current of over seven hundred fifty volts,

or prior to converting a line of another character to one of these, written application shall be

made to the commission by the person desiring to construct or reconstruct, or convert said line.

The application shall be accompanied by such drawings and specifications as shall show the

route of the proposed line in detail and the method of construction and operation, and said

application, drawings, or specifications also shall show the route and location relative to the

proposed line of any other existing electrical supply or signal line over, across, or parallel with

which the proposed line is to be constructed, together with the names of the owners thereof and

such other preliminary information as the commission may require.
N.D. Cent. Code § 49-22-16.1 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-16.1
49-22-16.1. Unfair tactics in acquiring land or easements for a facility - Court action - Cancellation of easement - Penalty
Status: in_force

49-22-16.1. Unfair tactics in acquiring land or easements for a facility - Court action -

Cancellation of easement - Penalty.

1. Any person employed by a public utility to acquire easements for a facility subject to

this chapter shall not use any harassment, threat, intimidation, misrepresentation,

deception, fraud, or other unfair tactics to induce the owner of the land to be affected

by the facility to grant or agree to any easements.

2. If at least five landowners aggrieved by the conduct of a person or persons, acting on

behalf of the same utility, acquiring easements for a site or route of a facility allege use

of harassment, threat, intimidation, misrepresentation, deception, fraud, or other unfair

tactics by the person or persons acquiring or attempting to acquire the easement, an

action may be brought in the appropriate district court.

3. Upon a determination by the court that the person or persons employed by the utility

used harassment, threat, intimidation, misrepresentation, deception, fraud, or other

unfair tactics in acquiring or attempting to acquire an easement from at least five

separate landowners, the court shall, by order, declare the easements void and may

order any compensation paid therefor returned to the offending utility, or allow the

landowner to retain such compensation, or award to the landowner up to three times

the amount of the compensation involved as damages, punitive or compensatory. The

court shall award costs and reasonable attorney's fees to the plaintiffs when the court

rules in favor of the plaintiffs.

4. Upon a determination by the court that the utility involved did knowingly allow,

encourage, or operate in active consort or participation with such person or persons

utilizing such unfair tactic, the court shall cause a copy of its memorandum opinion or

order to be filed with the commission.

5. Upon receiving a copy of a memorandum opinion or order issued by a district court

pursuant to this section, the commission may revoke or suspend the permit issued

with respect to the route affecting the aggrieved landowners. If a permit has not been

issued with respect to a site or route affecting the aggrieved landowners, the

commission may refuse to issue a permit for such portion of the route.
N.D. Cent. Code § 49-23-02 — ND Code / Title 49 / Chapter 49-23 / Section 49-23-02
49-23-02. Notice to excavators and underground facility operators
Status: in_force

49-23-02. Notice to excavators and underground facility operators

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

obtaining a permit for excavation. The notification center shall prescribe an excavator's and

operator's notice. The notice must inform excavators and operators of their obligation to comply

with this chapter. The center shall furnish to local governmental units:

1. A copy of the notice and this chapter;

2. A copy of the display required under this section; and

3. The telephone number and mailing address of the notification center.
N.D. Cent. Code § 49-22.1-17 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-17
49-22.1-17. Rules and regulations
Status: in_force

49-22.1-17. Rules and regulations

The commission shall adopt rules in conformity with this chapter and prescribe methods and

procedures required therewith.
N.D. Cent. Code § 49-04-07 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-07
49-04-07. Unreasonable preferences or advantages prohibited
Status: in_force

49-04-07. Unreasonable preferences or advantages prohibited

No public utility shall make or give any undue or unreasonable preference or advantage to

any particular person, company, firm, corporation, limited liability company, or locality, or to any

particular character of service in any respect whatsoever, nor subject any particular person, firm,

corporation, limited liability company, company, or locality, or any particular character of service

to any undue or unreasonable prejudice or disadvantage in any respect. No public utility

corporation, directly or indirectly, by any special rate, rebate, drawback, or other device or

method, shall charge, demand, collect, or receive from any person, firm, corporation, or limited

liability company a greater or less compensation for any service rendered or to be rendered

than it charges, demands, collects, or receives from any other person, firm, corporation, or

limited liability company for doing a like and contemporaneous service under the same or

substantially similar circumstances and conditions. Nothing in this chapter shall prohibit a public

utility from entering into any reasonable agreement with its customers, consumers, or

employees or from providing for a sliding scale of charges, unless the same is prohibited by the

terms of the franchise or permit under which such public utility is operated. No such agreement

or sliding scale shall be lawful unless and until the same shall be filed with and approved by the

commission.
N.D. Cent. Code § 49-01-08 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-08
49-01-08. Appointment of examiners by public service commission
Status: in_force

49-01-08. Appointment of examiners by public service commission

The commission may designate any special assistant attorney general appointed by the

attorney general as commerce counsel or counsel to the commission, the director of auto

transportation, the chief statistician, the chief engineer, or any other person qualified in the law

or possessing knowledge or expertise in the subject matter of the hearing to act as examiner for

the purpose of holding any hearing which the commission, or any member thereof, has power or

authority to hold.
N.D. Cent. Code § 49-11-24 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-24
49-11-24. Railroad right of way - Fences
Status: in_force

49-11-24. Railroad right of way - Fences

1. Every owner or lessee of land abutting any operating railroad's right of way who has a

legal fence, as defined in section 47-26-01, along all sides of the land except the side

abutting the right of way may make a written request of the owners or operators of the

railroad to construct a fence along the right of way. Upon receipt of the request, the

owners or operators shall erect, within a reasonable time, a legal fence along the right

of way to confine livestock as required by section 36-11-01. The owners or operators

shall maintain the fence so long as the owner or lessee maintains the fence around the

other sides of the enclosure.

2. Where the railroad has a fence along its right of way, the owners or operators of the

railroad shall maintain the fence without necessity of a request by the owner or lessee

so long as the owner or lessee maintains a fence around the other sides of the

enclosure.

3. Except for the penalty and liability imposed by sections 49-11-29 and 49-11-30, the

failure to comply with the requirements of this section is not, in itself, evidence of

negligence and the fact that this section has been violated is not admissible in any

other action.
N.D. Cent. Code § 49-11-20 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-20
49-11-20. Installation of flagman at crossings
Status: in_force

49-11-20. Installation of flagman at crossings

Whenever it shall appear that owing to any construction work or repair work, or for any other

cause, an unusual number of trains are being operated in or through any city in this state, the

commission, upon complaint by the governing body of such city through its chief executive

officer, shall compel the installation of a flagman, without a hearing. Such order shall be

complied with within five days. The railroad corporation may remove such flagman whenever

the movement of trains through such city assumes a normal condition.
N.D. Cent. Code § 49-11-04 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-04
49-11-04. Highways and watercourses to be restored to former state
Status: in_force

49-11-04. Highways and watercourses to be restored to former state

Every corporation constructing, owning, or using a railroad shall restore every stream of

water, watercourse, street, highway, or canal across, along, or upon which such railroad may be

constructed to its former state or to such condition that its usefulness shall not be materially

impaired and thereafter shall maintain the same in such condition against any effects in any

manner produced by such railroad.
N.D. Cent. Code § 49-02-06 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-06
49-02-06. Entering premises of public utility by public service commission for examination purposes
Status: in_force

49-02-06. Entering premises of public utility by public service commission for

examination purposes.

The commission and its officers and employees shall have the power to enter upon any

premises occupied by any public utility for the purpose of:

1. Making examinations and tests;

2. Setting out and using on said premises any weights or appliances necessary therefor;

or

3. Exercising any of the powers provided for in this chapter.
N.D. Cent. Code § 49-09-15 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-15
49-09-15. Conveyance of real property other than right of way - Recording
Status: in_force

49-09-15. Conveyance of real property other than right of way - Recording

Every such conveyance, lease, deed of trust, or mortgage, made by a public utility which

covers any real property other than that used by such public utility as a right of way for its

railway, telecommunications lines, or gas or oil pipelines, also must, in order to obtain the

priority created by section 47-19-41, be recorded in the office of the recorder for each county

wherein such other real estate, or any part thereof, is situated.
N.D. Cent. Code § 49-19-14 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-14
49-19-14. Reimbursement of excessive rates to shipper
Status: in_force

49-19-14. Reimbursement of excessive rates to shipper

In the event that any rate shall be filed by any common pipeline carrier and complaint

against the same or a petition to reduce the same shall be filed by any shipper, and such

complaint shall be sustained, in whole or in part, all shippers who shall have paid the rates so

filed by the pipeline carrier shall have the right to reparation or reimbursement of all excess in

transportation charges paid over and above the proper rate as finally determined on all

shipments made after the date of the filing of such complaint.
N.D. Cent. Code § 49-11-29 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-29
49-11-29. Failure to construct fence or swinging gate - Penalty
Status: in_force

49-11-29. Failure to construct fence or swinging gate - Penalty

Any person owning or operating any line of railroad within this state and refusing or

neglecting to comply with sections 49-11-24 through 49-11-28 is guilty of a class A

misdemeanor. A prosecution or conviction under sections 49-11-24 through 49-11-28 does not

relieve such person from liability for the maiming or killing of livestock on the right of way by

reason of that person's negligence.
N.D. Cent. Code § 49-21-09 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-09
49-21-09. Telecommunications - Connections
Status: in_force

49-21-09. Telecommunications - Connections

Whenever a connection can be made reasonably between the facilities of two or more

telecommunications companies for the transfer of telecommunications and public convenience

and necessity will be subserved thereby, the commission may require that such connection be

made and may order that telecommunications be transmitted and transferred by the companies,

as provided in this section. When, after notice and hearing in accordance with chapter 28-32,

the commission finds that public convenience and necessity require the use by one

telecommunications company of facilities or services of another telecommunications company,

and that such use will not result in irreparable injury to the owner or other users of such facilities

or services, nor any substantial detriment to the facilities or services, and that such

telecommunications companies have failed to agree upon such use or the terms and conditions

or compensation for the same, the commission, by order, may direct that such use be permitted,

and may prescribe reasonable compensation, terms, and conditions. If such use is directed, the

telecommunications company to which the use is permitted is liable to the owner or other users

of such facilities or services for such damage as may result therefrom to the property of such

owner or other users thereof.
N.D. Cent. Code § 49-01-12.1 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-12.1
49-01-12.1. Public utility fee
Status: in_force

49-01-12.1. Public utility fee

1. The commission shall assess each electric and gas utility a fee in proportion to

the utility's respective gross operating revenues from the retail sale of gas and

electric service within the state during the preceding calendar year. The total of

the combined assessments may not exceed three hundred thousand dollars per

biennium. The fee must be paid quarterly and deposited in the public service

commission program fund.

2. In January of each year, each electric and gas public utility shall file with the public

service commission the amount of gross receipts derived from the company's

customers within the state during the preceding calendar year. The commission shall

review the gross receipts annually and adjust the fee for each utility in proportion to the

gross operating revenues.
N.D. Cent. Code § 49-04-15 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-15
49-04-15. Public utility tax report - Furnished to commission on request
Status: in_force

49-04-15. Public utility tax report - Furnished to commission on request

Upon request of the commission, a public utility shall furnish to the commission a verified

copy of the public utility's tax reports filed by it with the state tax commissioner. Such tax reports

shall be admissible in evidence before the commission in any matter or proceeding or in any

action or proceeding in any of the courts of this state.
N.D. Cent. Code § 49-19-11 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-11
49-19-11. Pipeline carrier must agree to carry without discrimination
Status: in_force

49-19-11. Pipeline carrier must agree to carry without discrimination

A common pipeline carrier, in the acceptance of the provisions of this chapter, shall agree

expressly that it, without discrimination, will accept, carry, or purchase, the oil, coal, gas, or

carbon dioxide of the state or of any person not the owner of any pipeline, operating a lease or

purchasing oil, coal, gas, or carbon dioxide at prices and under regulations to be prescribed by

the commission.
N.D. Cent. Code § 49-20-11 — ND Code / Title 49 / Chapter 49-20 / Section 49-20-11
49-20-11. Appeals from orders of commission
Status: in_force

49-20-11. Appeals from orders of commission

Any municipality, public utility, or person affected by an order of the commission made under

the provisions of this chapter may prosecute and conduct an appeal to the courts in the manner

prescribed in chapter 28-32.
N.D. Cent. Code § 49-09.1-14 — ND Code / Title 49 / Chapter 49-09.1 / Section 49-09.1-14
49-09.1-14. Existing agreements - Eminent domain
Status: in_force

49-09.1-14. Existing agreements - Eminent domain

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 authority of a utility to secure crossing rights by

easement pursuant to the exercise of the power of eminent domain.
N.D. Cent. Code § 49-02-05 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-05
49-02-05. Use by one utility of the facilities of another utility
Status: in_force

49-02-05. Use by one utility of the facilities of another utility

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 and belonging to another public utility and that such use will not result in irreparable

injury to the owner or other users of such conduits, subways, tracks, wires, poles, pipes, or

other equipment, nor any substantial detriment to the service, and that such public utilities have

failed to agree upon such use or the terms and conditions or compensation for the same, the

commission, by order, may direct that such use be permitted, and may prescribe reasonable

compensation and reasonable terms and conditions for such joint use. If such use is directed,

the public utility to which the use is permitted shall be liable to the owner or other users of such

conduits, tracks, wires, poles, pipes, or other equipment for such damage as may result

therefrom to the property of such owner or other users thereof.
N.D. Cent. Code § 49-20-05 — ND Code / Title 49 / Chapter 49-20 / Section 49-20-05
49-20-05. Grant of application without hearing
Status: in_force

49-20-05. Grant of application without hearing

Whenever the application provided for in section 49-20-03 is filed with the commission and

it shall appear to its satisfaction that all of the interested parties have agreed in writing in regard

to the methods of construction, reconstruction, operation, and maintenance of the proposed line,

such application thereupon shall be granted without hearing.
N.D. Cent. Code § 49-06-14 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-14
49-06-14. Findings of commission - Admissible as evidence
Status: in_force

49-06-14. Findings of commission - Admissible as evidence

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 any county, city, municipality, or other body politic and the public utility

affected thereby, may be interested, whether arising under the provisions of this chapter or

otherwise. Such findings, when so introduced, shall be conclusive evidence of the facts therein

stated as of the date therein stated under conditions then existing and such facts can be

controverted only by showing a subsequent change in conditions bearing upon the facts therein

determined.
N.D. Cent. Code § 49-21-14 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-14
49-21-14. Connections with other telephone systems permitted
Status: repealed

49-21-14. Connections with other telephone systems permitted

Repealed by S.L. 2005, ch. 399, § 9.
N.D. Cent. Code § 49-22-07.2 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-07.2
49-22-07.2. Waiver of procedures and time schedules
Status: in_force

49-22-07.2. Waiver of procedures and time schedules

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

pursuant to this chapter. The commission, upon a finding that the proposed facility is of such

length, design, location, or purpose that it will produce minimal adverse effects, or, upon a

finding that a demonstrable emergency exists, may issue an order waiving specified procedures

and time schedules required by this chapter or by the rules adopted pursuant to this chapter,

including, but not limited to, applications, notices, and hearings, and may forthwith issue a

certificate of site compatibility, a certificate of corridor compatibility, or a route permit, with such

conditions as the commission may require.
N.D. Cent. Code § 49-21.1-01.1 — ND Code / Title 49 / Chapter 49-21.1 / Section 49-21.1-01.1
49-21.1-01.1. Electricity transmission and distribution lines - Differentiation
Status: in_force

49-21.1-01.1. Electricity transmission and distribution lines - Differentiation

Except for purposes of transmission facility siting under chapter 49-22 and regulatory

accounting including the determination of the demarcation between federal and state jurisdiction

over transmission in interstate commerce and local distribution, for purposes of this title and

chapter 57-33.2, lines designed to operate at a voltage of 41.6 kilovolts or more are

transmission lines, and lines designed to operate at a voltage less than 41.6 kilovolts are

distribution lines.
N.D. Cent. Code § 49-22-22 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-22
49-22-22. Siting process expense recovery - Deposit in special fund - Continuing appropriation
Status: in_force

49-22-22. Siting process expense recovery - Deposit in special fund - Continuing

appropriation.

1. Every applicant under this chapter shall pay to the commission an application fee:

a. An applicant for a certificate of site compatibility shall pay an amount equal to five

hundred dollars for each one million dollars of investment in the facility.

b. An applicant for a certificate of corridor compatibility shall pay an amount equal to

five thousand dollars for each one million dollars of investment in the facility.

c. An applicant for a waiver shall pay the amount which would be required for an

application for a certificate of site or corridor compatibility for the proposed facility.

If a waiver is not granted for a proposed facility, such application fee paid shall be

allowed as a credit against fees payable under this section in connection with an

application under this chapter for a certificate or permit for the proposed facility.

d. An applicant requesting an amendment to a certificate or permit or for a transfer

of a certificate or permit shall pay an amount to be determined by the commission

to cover anticipated expenses of processing the application.

e. An applicant certifying to the commission under subsection 4 of section 49-22-03

shall pay an amount to be determined by the commission to cover anticipated

expenses of processing the application.

f. The application fee under subdivision a, b, or c may not be less than

ten thousand dollars nor more than one hundred thousand dollars.

g. An applicant may agree to pay additional fees that are reasonably necessary for

completion of the site, corridor, or route evaluation and designation process.

2. If an applicant does not agree to pay additional fees reasonably necessary for

completion of the site, corridor, or route evaluation and designation process, with the

approval of the emergency commission, the applicant shall pay such additional fees as

are reasonably necessary for completion of the electric energy conversion facility site,

electric transmission facility corridor, or electric transmission facility route evaluation

and designation process by the commission. The application fee under subsection 1

and any additional fees required of the applicant under this subsection may not exceed

an amount equal to one thousand dollars for each one million dollars of investment in

a proposed energy conversion facility or ten thousand dollars for each one million

dollars of investment in a proposed electric transmission facility.

3. A siting process expense recovery fund is established in the state treasury. The

commission shall deposit payments received under subsections 1 and 2 in the siting

process expense recovery fund. All moneys deposited in the fund are appropriated on

a continuing basis to the commission to pay expenses incurred in the siting process.

The commission shall specify the time and method of payment of any fees and shall

refund the portion of fees collected under subsections 1 and 2 which exceeds the

expenses incurred for the evaluation and designation process.

4. Every applicant for a certificate of site compatibility, certificate of corridor compatibility

and route permit, and transfer of a certificate or permit under this chapter shall pay to

the commission an administrative fee equal to two hundred dollars for each one million

dollars of original investment, not to exceed fifty thousand dollars. The administrative

fee must be deposited in the public service commission program fund.
N.D. Cent. Code § 49-03.1-02 — ND Code / Title 49 / Chapter 49-03.1 / Section 49-03.1-02
49-03.1-02. Definitions
Status: in_force

49-03.1-02. Definitions

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 furnish its product or

services to the public generally which is statutorily subject to the jurisdiction of the

commission. The words "public utility" as used in this chapter do not apply to electric

public utilities, telecommunications companies that are not incumbent

telecommunications companies under chapter 49-21, or motor carriers of persons or

property for hire.
N.D. Cent. Code § 49-20-09 — ND Code / Title 49 / Chapter 49-20 / Section 49-20-09
49-20-09. Regulatory nature of measures - Penalty for violation
Status: in_force

49-20-09. Regulatory nature of measures - Penalty for violation

The provisions of sections 49-20-02 through 49-20-08 shall not be construed to affect,

control, or change the franchise rights of persons, firms, corporations, or limited liability

companies owning or operating electrical supply or signal lines in or upon the highways of this

state and shall be construed only as regulatory measures intended to avoid or mitigate

interference from electrical supply lines with signal lines and to avoid or minimize the hazard of

injury to persons or property by reason of the close association or proximity of electrical supply

lines to or with signal lines. Any person violating any of the provisions of said sections or any

order made by the commission pursuant thereto shall be punished by a fine of not less than

twenty-five dollars nor more than fifty dollars.
N.D. Cent. Code § 49-22-07 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-07
49-22-07. Certificate of site compatibility or route permit required
Status: in_force

49-22-07. Certificate of site compatibility or route permit required

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 be constructed, operated, and maintained in conformity with the certificate

or permit and any terms, conditions, or modifications of the certificate or permit. A

certificate or permit may be transferred, subject to the approval of the commission, to

any person who agrees to comply with its terms, conditions, and modifications.

2. If a power emergency exists which necessitates the relocation of a portion of an

electric transmission line and associated facilities from the designated route, the owner

of the line shall give telephonic notice to the commission in advance of the relocation.

The line may then be relocated to restore power as soon as practicable. After the line

has been relocated, the owner shall file with the commission a request to approve the

relocated route.

3. A wind energy conversion facility that has not been issued a certificate of site

compatibility and exceeds five megawatts of electricity may not repower the wind

energy conversion facility without first having obtained a certificate of site compatibility.

A variance may be granted for impacts to exclusion and avoidance areas resulting

from the repowering of existing infrastructure upon a showing of good cause. A

requested variance must comply with local land use, zoning, building rules,

regulations, and ordinances.
N.D. Cent. Code § 49-21-01.1 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-01.1
49-21-01.1. Inapplicability of provisions of chapter
Status: in_force

49-21-01.1. Inapplicability of provisions of chapter

Telecommunications service does not include and the provisions of this title do not apply to:

1. The one-way transmission of radio or television signals for broadcast purposes,

including the one-way transmission of videoprogramming or other programming

service by a cable system as well as subscriber interaction, if any, which is required for

the selection of such videoprogramming or other programming service.

2. A hospital, hotel, motel, or similar place of temporary accommodation owning or

operating message switching or billing equipment solely for the purpose of reselling

telecommunications services to its patients or guests.

3. Telegraph service.

4. Except as provided in section 49-21-01.5, home, business, and coinless or

coin-operated public or semipublic telephone terminal equipment and the use of such

equipment.

5. The lease of telecommunications equipment by a telecommunications company from a

person whose business is the leasing or sale of such equipment.

6. Billing and collection services.

7. Inside wire and premise cable installation and maintenance.

8. Directory services that are not essential.

9. Private line transport service.

10. Services or facilities provided by a system or institution of higher education to:

a. Institution employees or students at institution facilities or housing owned or

leased by the institution;

b. Affiliated organizations, including alumni operations and research foundations,

formed for the purpose of supporting the institution or leased by the institution

and offering products and services intended primarily for the benefit of institution

employees, students, or guests;

c. Other persons or entities located on property owned or leased by the institution

and offering products and services intended primarily for the benefit of institution

employees, students, or guests;

d. Casual users using the institution's facilities for conferences, seminars and other

similar special events, and broadcasters of athletic events;

e. Occupants of technology parks, or business incubators receiving secretarial or

business startup support in facilities owned or leased by the institution during a

business startup phase for a term not to exceed four years or until August 1,

2005, whichever is later; and

f. Educational, governmental, and nonprofit users of system or institution interactive

videoconferencing site facilities and associated network services.

Institutions may not unreasonably restrict access by a telecommunications company to

institution facilities for the purpose of furnishing telecommunications services to

residents in institution housing or to other persons or entities leasing institution

facilities, except institutions may limit access to residence halls. Institutions may

require reasonable payment for and adopt reasonable restrictions on the use of

institution telecommunications infrastructure to avoid service interruptions or increased

maintenance or administrative burdens.
N.D. Cent. Code § 49-17.1-03 — ND Code / Title 49 / Chapter 49-17.1 / Section 49-17.1-03
49-17.1-03. Application for assistance
Status: in_force

49-17.1-03. Application for assistance

The department may make application on behalf of the state for grants made available by

the secretary of transportation under the Railroad Revitalization and Regulatory Reform Act of

1976 [Pub. L. 94-210; 90 Stat. 149; 49 U.S.C. 1651 et seq.].
N.D. Cent. Code § 49-10.1-13 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-13
49-10.1-13. Clearance required for tracks
Status: in_force

49-10.1-13. Clearance required for tracks

No person unless authorized by the commission shall erect or maintain on any railroad track

or railroad right of way any:

1. Fixed or permanent structure or obstruction at a distance of less than eight feet [2.44

meters] from a railroad track, measured from the centerline of the track.

2. Bridges, viaducts, or any other obstructions passing over and above a railroad track at

a height less than twenty-one feet [6.40 meters], measured from the top of the track

rail. The commission, upon application and after a thorough investigation, may permit

any person to which this section applies to erect or reconstruct and maintain any such

facility at a lesser clearance than herein provided for when in the judgment of the

commission the compliance with the clearance prescribed herein would be

unreasonable or unnecessary and when a lesser clearance than that hereinbefore

provided for would not create a condition unduly hazardous to the employees of such

railroad or any other person. Station freight house platforms which have a vertical

height of not more than four feet [1.22 meters], measured from the top of the track rail,

may be erected and maintained at a less distance from the center of the track which

they adjoin than herein specified.
N.D. Cent. Code § 49-11-22 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-22
49-11-22. Liability for failure of locomotive to sound bell, horn, or whistle at crossing
Status: in_force

49-11-22. Liability for failure of locomotive to sound bell, horn, or whistle at crossing

1. A railroad that has operational control of a locomotive that fails to sound its warning

device at any crossing as required by section 49-11-21 is guilty of an infraction.

2. If a crew member of a locomotive does not sound a warning device at a crossing for

which the sounding of a warning device is not required, any crew member or railroad

with operational control of the locomotive may not be liable for any damages sustained

by a person by reason of the failure to sound a warning device.

3. This section does not exempt a railroad corporation from any liability created under

chapter 49-16 or the Federal Employers' Liability Act [45 U.S.C. 51 et seq.] for injuries

to its employees or agents.
N.D. Cent. Code § 49-21-17 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-17
49-21-17. Additional definitions
Status: repealed

49-21-17. Additional definitions

Repealed by S.L. 2005, ch. 399, § 9.
N.D. Cent. Code § 49-21-01.2 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-01.2
49-21-01.2. Exemption - Rate regulation
Status: in_force

49-21-01.2. Exemption - Rate regulation

Except as provided for in this chapter and sections 49-02-01.1, 49-02-21, 49-02-22, and

49-04-02.1, telecommunications companies and all telecommunications services are exempt

from the provisions of chapters 49-02, 49-04, 49-05, and 49-06. Telecommunications companies

and services are not subject to rate or rate of return regulation. Any telecommunications

company may elect not to be subject to the provisions of this section and section 49-21-01.3,

and to be subject to rate and rate of return regulation, by filing an election with the commission

in writing. For telecommunications companies with over fifty thousand subscribers, the election

not to be exempt from rate and rate of return regulation is a one-time, irrevocable election.

Notwithstanding an election filed under this section, a telecommunications company is not

obligated to pay any fee for filing a price schedule or tariff.
N.D. Cent. Code § 49-16-06 — ND Code / Title 49 / Chapter 49-16 / Section 49-16-06
49-16-06. Limitation of actions
Status: repealed

49-16-06. Limitation of actions

Repealed by S.L. 1977, ch. 443, § 3.
N.D. Cent. Code § 49-03-01.4 — ND Code / Title 49 / Chapter 49-03 / Section 49-03-01.4
49-03-01.4. Enforcement of act
Status: in_force

49-03-01.4. Enforcement of act

1. If any electric public utility or electric transmission provider violates or threatens to

violate any of the provisions of sections 49-03-01 through 49-03-01.5 or interferes with

or threatens to interfere with the service or system of any other electric public utility or

rural electric cooperative, the commission, after complaint, notice, and hearing as

provided in chapter 28-32, shall make its order restraining and enjoining the electric

public utility or electric transmission provider from constructing or extending its

interfering lines, plant, or system. In addition to the restraint imposed, the commission

shall prescribe any terms and conditions as the commission deems reasonable and

proper.

2. This section does not prohibit or limit any person, who has been injured in the person's

business or property by reason of a violation of sections 49-03-01 through 49-03-01.5

by any electric public utility, electric transmission provider, or electric cooperative

corporation, from bringing an action for damages in any district court of this state to

recover such damages.
N.D. Cent. Code § 49-19-22 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-22
49-19-22. Violation of law or rules by pipeline carriers - Penalty - Suit by attorney general
Status: repealed

49-19-22. Violation of law or rules by pipeline carriers - Penalty - Suit by attorney

general.

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 49-22.1-14 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-14
49-22.1-14. Unfair tactics in acquiring land or easements for a facility - Court action - Cancellation of easement - Penalty
Status: in_force

49-22.1-14. Unfair tactics in acquiring land or easements for a facility - Court action -

Cancellation of easement - Penalty.

1. Any person employed by a public utility to acquire easements for a facility subject to

this chapter may not use any harassment, threat, intimidation, misrepresentation,

deception, fraud, or other unfair tactics to induce the owner of the land to be affected

by the facility to grant or agree to any easements.

2. If at least five landowners aggrieved by the conduct of a person or persons, acting on

behalf of the same utility, acquiring easements for a site or route of a facility allege use

of harassment, threat, intimidation, misrepresentation, deception, fraud, or other unfair

tactics by the person or persons acquiring or attempting to acquire the easement, an

action may be brought in the appropriate district court.

3. Upon a determination by the court that a person employed by the utility used

harassment, threat, intimidation, misrepresentation, deception, fraud, or other unfair

tactics in acquiring or attempting to acquire an easement from at least five separate

landowners, the court, by order, shall declare the easements void and may order any

compensation paid therefor returned to the offending utility, or allow the landowner to

retain the compensation, or award to the landowner up to three times the amount of

the compensation involved as damages, punitive or compensatory. The court shall

award costs and reasonable attorney's fees to the plaintiff if the court rules in favor of

the plaintiff.

4. Upon a determination by the court that the utility involved did knowingly allow,

encourage, or operate in active consort or participation with a person utilizing an unfair

tactic, the court shall cause a copy of its memorandum opinion or order to be filed with

the commission.

5. Upon receiving a copy of a memorandum opinion or order issued by a district court

pursuant to this section, the commission may revoke or suspend the permit issued

with respect to the route affecting the aggrieved landowners. If a permit has not been

issued with respect to a site or route affecting the aggrieved landowners, the

commission may refuse to issue a permit for such portion of the route.
N.D. Cent. Code § 49-21-05 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-05
49-21-05. Schedule of prices to be available for public inspection
Status: in_force

49-21-05. Schedule of prices to be available for public inspection

The commission may require any telecommunications company to make available to the

public, subject to considerations for maintaining trade secrets or commercial confidentiality, a

printed or electronic schedule of prices for telecommunications services offered by the

telecommunications company as the commission may deem necessary.
N.D. Cent. Code § 49-23-01 — ND Code / Title 49 / Chapter 49-23 / Section 49-23-01
49-23-01. Definitions
Status: in_force

49-23-01. Definitions

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 nonprofit corporation governing the

notification center under section 49-23-03.

3. "Careful and prudent manner" means:

a. Manually excavating within twenty-four inches [60.96 centimeters] of the outer

edges of any underground facility on a horizontal plane as located and marked by

the owner or operator; and

b. Supporting and protecting the uncovered facility.

4. "Damage" means:

a. Substantial weakening of structural or lateral support of an underground facility;

b. Penetration, impairment, or destruction of any underground protective coating,

housing, or other protective device; or

c. Impact with or the partial or complete severance of an underground facility to the

extent that the facility operator determines that repairs are required.

5. "Emergency" means a sudden, unexpected occurrence, involving a clear and

imminent danger, and demanding immediate action to prevent or mitigate loss of, or

damage to, life, health, property, or essential public services.

6. "Emergency responder" means a fire department, a law enforcement officer, or other

emergency rescue service.

7. "Excavation" means any operation in which earth, rock, or other materials in or below

the ground is moved or otherwise displaced by means of hand or power tools, power

equipment, or explosives and includes grading, trenching, digging, ditching, dredging,

drilling, augering, tunneling, boring, scraping, and cable or pipe plowing and driving.

The term does not include:

a. Opening a grave in a cemetery.

b. Plowing, cultivating, planting, harvesting, and similar operations in connection

with agricultural activities, unless any of these activities disturbs the soil to a

depth of eighteen inches [45.72 centimeters] or more.

c. Gardening and landscaping unless it disturbs the soil to a depth of twelve inches

[30.48 centimeters] or more.

d. Normal maintenance of paved roads and streets if the maintenance does not

extend deeper than the depth of the existing pavement and does not involve the

road ditch.

e. Normal surface maintenance of gravel roads and streets if the maintenance does

not involve the road ditch.

f. Normal repair and maintenance of track and track bed by a railroad on its own

right of way.

8. "Excavator" means a person who conducts excavation.

9. "Holiday" means New Year's Day, Martin Luther King Day, Presidents' Day, Good

Friday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day,

Thanksgiving Day, and Christmas Day. When a holiday falls on a Saturday, it is

observed on the preceding Friday as if the Friday were the actual holiday, and when a

holiday falls on a Sunday, it is observed on the following Monday as if the Monday

were the actual holiday.

10. "Local governmental unit" means a county, township, or city.

11. "Locate" means an operator's markings of an underground facility showing the

approximate horizontal location, including all lines, line direction, intersections, tees,

and lateral facilities.

12. "Locate period" means the later of:

a. The forty-eight hour period beginning at 12:01 a.m. of the day after the location

request was submitted to the notification center; excluding any Saturday, Sunday,

or holiday; and any twenty-four hour extension provided through the notification

center; or

b. The period between the submission of a location request to the notification center

and the noted date and time of excavation.

13. "Nonprofit corporation" means a corporation established under chapter 10-33.

14. "Notification center" means a center that receives notice from an excavator of planned

excavation or any other request for location and transmits this notice to a participating

operator.

15. "Operator" means a person who owns or operates an underground facility, including a

master meter operator with underground facilities, or a state or local governmental

entity. The department of transportation is considered an operator for the department's

facilities buried on the department's rights of way. A person is not considered an

operator solely because the person is an owner or tenant of real property where

underground facilities are located if the underground facilities are used exclusively to

furnish services or commodities on that property.

16. "Positive response" means notification by the operator to the notification center that

underground facilities within the area covered by a location request have been marked

or cleared.

17. "Tangible marking materials" means any material perceptible by touch used to mark

the location of an underground facility, including flags, stakes, poles, or other materials

inserted into or affixed to the ground. The term does not include paint, chalk, or other

liquid ink-based materials applied to the ground.

18. "Underground facility" means an underground line, pipeline, cable, facility, system, and

its appurtenances used to produce, store, convey, gather, transmit, or distribute

communications, data, electricity, power, television signals, heat, gas, oil, petroleum

products, carbon dioxide, water, steam, sewage, hazardous liquids, and other similar

substances. Privately owned and operated underground facilities which do not extend

beyond the boundary of the private property are excluded.

19. "Unexpected occurrence" includes a fire, flood, earthquake or other soil or geologic

movement, riot, accident, damage to a subsurface installation requiring immediate

repair, or sabotage.

20. "Water" includes potable water, wastewater, and storm water.
N.D. Cent. Code § 49-10.1-21 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-21
49-10.1-21. Railroad crossing determination
Status: in_force

49-10.1-21. Railroad crossing determination

If a dispute arises as to whether a railroad grade crossing should be classified as public or

private as defined in section 49-11-00.1, the railroad corporation, governmental entity, or private

property owner may file with the commission a petition and the commission shall determine

whether the crossing is public or private.
N.D. Cent. Code § 49-09.1-07 — ND Code / Title 49 / Chapter 49-09.1 / Section 49-09.1-07
49-09.1-07. Notice of objection by railroad - Appeal
Status: in_force

49-09.1-07. Notice of objection by railroad - Appeal

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 the utility by registered mail.

2. If the parties are unable to resolve the objection, either party may petition the

commission for resolution of the disputed crossing application within thirty days from

receipt of the objection.

3. Before filing a petition, the parties shall confer in good faith in an attempt to resolve the

objection.

4. If a petition is filed, the commission shall issue a notice of hearing or notice of

opportunity for hearing within fifteen days of filing of the petition, and shall issue an

order within thirty days after the hearing or, if a hearing is not held, after expiration of

the period during which a hearing could be requested, during which time the crossing

must be stayed. The order may be appealed in accordance with chapter 28-32. The

commission shall assess its costs associated with a petition equitably against the

parties. The parties shall pay the costs within thirty days after receipt of a bill for

payment from the commission. Amounts collected by the commission under this

subsection must be deposited in a special account within the commission.
N.D. Cent. Code § 49-03-01.3 — ND Code / Title 49 / Chapter 49-03 / Section 49-03-01.3
49-03-01.3. Exclusions from limitations on electric distribution lines, extension, and service and on issuance of certificates of public convenience and necessity
Status: in_force

49-03-01.3. Exclusions from limitations on electric distribution lines, extension, and

service and on issuance of certificates of public convenience and necessity.

Sections 49-03-01 through 49-03-01.5 shall not be construed to require any such electric

public utility to secure such order or certificate for an extension of its electric distribution lines

within the corporate limits of any municipality within which it has lawfully commenced

operations; provided, however, that such extension or extensions shall not interfere with existing

services provided by a rural electric cooperative or another electric public utility within such

municipality; and provided duplication of services is not deemed unreasonable by the

commission.

Sections 49-03-01 through 49-03-01.5 shall not be construed to require an electric public

utility to discontinue service to customers thereof whose places receiving service are located

outside the corporate limits of a municipality on July 1, 1965; provided, however, that within

ninety days after July 1, 1965, any electric public utility furnishing service to customers whose

places receiving service are located outside the corporate limits of a municipality shall file with

the commission a complete map or maps of its electric distribution system showing all places in

North Dakota which are located outside the corporate limits of a municipality and which are

receiving its service as of July 1, 1965. After ninety days from July 1, 1965, unless a customer

whose place being served is located outside the corporate limits of a municipality is shown on

said map or maps, it shall be conclusively presumed that such customer was not being served

on July 1, 1965, and cannot be served until after compliance with the provisions of section

49-03-01.1.
N.D. Cent. Code § 49-16-05 — ND Code / Title 49 / Chapter 49-16 / Section 49-16-05
49-16-05. Contracts exempting railroad from liability void
Status: in_force

49-16-05. Contracts exempting railroad from liability void

Any contract, rule, regulation, or device with the purpose or intent of enabling any railroad to

exempt that railroad from any liability created by sections 49-16-01.1, 49-16-02, 49-16-03,

49-16-04, 49-16-05, and 49-16-08 to that extent is void. In any action brought against the

railroad under or by virtue of any of the provisions of this chapter, the railroad may set off in that

action any sum it has contributed or paid to any insurance relief benefit or indemnity that may

have been paid to the injured employee or to the person entitled to the payment on account of

the injury or death for which the action was brought.
N.D. Cent. Code § 49-16-07 — ND Code / Title 49 / Chapter 49-16 / Section 49-16-07
49-16-07. Survival of right of action
Status: repealed

49-16-07. Survival of right of action

Repealed by S.L. 1977, ch. 443, § 3.
N.D. Cent. Code § 49-09-11.7 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-11.7
49-09-11.7. Rules for enforcement
Status: repealed

49-09-11.7. Rules for enforcement

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-04-01 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-01
49-04-01. Public utility to provide adequate service
Status: in_force

49-04-01. Public utility to provide adequate service

Every public utility shall furnish, provide, and maintain such service, instrumentalities,

equipment, and facilities as shall promote the safety, health, comfort, and convenience of its

patrons, employees, and the public, and as shall be in all respects adequate, convenient, just,

and reasonable, and without any unjust discrimination or preference.
N.D. Cent. Code § 49-19-02 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-02
49-19-02. Pipeline carriers - Special powers of commission
Status: in_force

49-19-02. Pipeline carriers - Special powers of commission

The commission shall take reports from and may investigate the books and records kept by

any pipeline carrier in connection with its business, and may require such company to make

monthly reports duly verified under oath showing the total quantity of crude petroleum owned by

such carrier and of that held by it in storage for others, and its unfilled storage capacity. No

publicity shall be given by the commission to the reports as to stock of crude petroleum of any

particular pipeline, but it may make public the aggregate amounts held by all the pipelines

making such reports and their aggregate storage capacity.
N.D. Cent. Code § 49-03-01 — ND Code / Title 49 / Chapter 49-03 / Section 49-03-01
49-03-01. Certificate of public convenience and necessity - Secured by electric public utility
Status: in_force

49-03-01. Certificate of public convenience and necessity - Secured by electric public

utility.

1. An electric public utility may not begin construction or operation of a public utility plant

or system, or of an extension of a plant or system without first obtaining from the

commission a certificate that public convenience and necessity require or will require

the construction and operation. This section does not require an electric public utility to

secure a certificate for an extension within any municipality within which the electric

public utility has lawfully commenced operations. If any electric public utility in

constructing or extending its line, plant, or system, unreasonably interferes with or is

about to interfere unreasonably with the service or system of any other electric public

utility, or any electric cooperative corporation, the commission, on complaint of the

electric public utility or the electric cooperative corporation claiming to be injuriously

affected, after notice and hearing as provided in this title, may order enforcement of

this section with respect to the offending electric public utility and prescribe just and

reasonable terms and conditions.

2. An electric transmission provider may not begin construction or operation of an electric

transmission line interconnecting with an existing electric transmission line owned or

operated by an electric public utility without first obtaining a certificate that public

convenience and necessity require or will require the construction or operation.
N.D. Cent. Code § 49-09-08 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-08
49-09-08. Trust deeds and mortgages of railroad property
Status: repealed

49-09-08. Trust deeds and mortgages of railroad property

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-09.1-10 — ND Code / Title 49 / Chapter 49-09.1 / Section 49-09.1-10
49-09.1-10. Removal of equipment
Status: in_force

49-09.1-10. Removal of equipment

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 being moved or

disturbed.
N.D. Cent. Code § 49-05-15 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-15
49-05-15. Appeals to supreme court
Status: in_force

49-05-15. Appeals to supreme court

The commission, the public utility, the complainant, or any other interested person, after the

entry of judgment in the district court upon an appeal from the order of the commission, may

prosecute an appeal to the supreme court of this state. Such appeal shall be taken as

prescribed in chapter 28-32.
N.D. Cent. Code § 49-25-01 — ND Code / Title 49 / Chapter 49-25 / Section 49-25-01
49-25-01. Definitions
Status: in_force

49-25-01. Definitions

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 faults or

wildfires.

2. "Qualified utility" means an electric public utility, rural electric cooperative, municipal

electric utility, municipal joint action agency, or electric transmission provider as

defined in section 49-03-01.5.

3. "Wildfire mitigation plan" means a plan submitted to the commission or the qualified

utility's board of directors in accordance with this chapter.
N.D. Cent. Code § 49-06-12 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-12
49-06-12. Notice of hearing - Preliminary examination
Status: in_force

49-06-12. Notice of hearing - Preliminary examination

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 into

the matters herein referred to or from inquiring into such matters in any other investigation or

hearing.
N.D. Cent. Code § 49-09-10.2 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-10.2
49-09-10.2. Identification of right of way to be acquired, leased, or transferred
Status: in_force

49-09-10.2. Identification of right of way to be acquired, leased, or transferred

1. Each carrier or other entity intending to acquire, lease, or transfer an operating railroad

right of way shall file a notice of intent to do so with the commission, if any of the

following applies:

a. The acquisition or lease would be by a party that is not a railroad carrier and

would be of rail property that would be operated by a third party.

b. The operation would be by a new carrier and of rail property acquired or leased

by a third party.

c. There would be a change of operators on the line.

2. The notice required under subsection 1 must designate the complete private or

corporate identity of the acquiring or leasing party, the complete identity of the

divesting carrier, and a thorough description of the line involved. The notice must

include financial information as to the acquiring or leasing entity. These documents are

confidential and may not be divulged by the commission to any party.

3. An acquiring, leasing, or divesting carrier shall attend conferences with the

commission on reasonable notice, and shall respond to all questions and requests for

information which are reasonably related, or may lead to information reasonably

related, to the issue of whether the proposed transaction is consistent with law.
N.D. Cent. Code § 49-01-06 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-06
49-01-06. Public service commission - Majority vote
Status: in_force

49-01-06. Public service commission - Majority vote

All questions arising in connection with the action of the commissioners shall be decided by

a majority vote.
N.D. Cent. Code § 49-04.1-03 — ND Code / Title 49 / Chapter 49-04.1 / Section 49-04.1-03
49-04.1-03. Disputable presumptions of bypassing, tampering, or unauthorized metering
Status: in_force

49-04.1-03. Disputable presumptions of bypassing, tampering, or unauthorized

metering.

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 supply system on the premises where the bypassing,

tampering, or unauthorized metering occurred, and if the tenant or occupant was

responsible or partially responsible for payment, either directly or indirectly, to the utility

or to any other person for utility service to the premises.

2. It is a disputable presumption that a utility customer at premises where bypassing,

tampering, or unauthorized metering occurred, caused or had knowledge of the

bypassing, tampering, or unauthorized metering if the customer controlled access to

the part of the utility supply system on the premises where the bypassing, tampering,

or unauthorized metering occurred.
N.D. Cent. Code § 49-21-29 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-29
49-21-29. Franchise ordinance not superseded
Status: in_force

49-21-29. Franchise ordinance not superseded

Sections 49-21-26, 49-21-27, and 49-21-28 do not modify or supersede the rights and

obligations of a political subdivision and the telecommunications company established by the

terms of any existing franchise. A city that collects a city franchise fee under a franchise may not

collect a fee from that entity under section 49-21-26. A political subdivision that collects a fee

prohibited by section 49-21-26 on January 1, 1999, may continue to collect that fee.
N.D. Cent. Code § 49-22-02 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-02
49-22-02. Statement of policy
Status: in_force

49-22-02. Statement of policy

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

conversion facilities and transmission facilities will produce minimal adverse effects on the

environment and upon the welfare of the citizens of this state by providing that no energy

conversion facility or transmission facility shall be located, constructed, and operated within this

state without a certificate of site compatibility or a route permit acquired pursuant to this chapter.

The legislative assembly hereby declares it to be the policy of this state to site energy

conversion facilities and to route transmission facilities in an orderly manner compatible with

environmental preservation and the efficient use of resources. In accordance with this policy,

sites and routes shall be chosen which minimize adverse human and environmental impact

while ensuring continuing system reliability and integrity and ensuring that energy needs are

met and fulfilled in an orderly and timely fashion.
N.D. Cent. Code § 49-01-01 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-01
49-01-01. Definitions
Status: in_force

49-01-01. Definitions

In this title, unless the context or subject matter otherwise requires:

1. "Commission" means the public service commission.

2. "Commissioner" means one of the members of the public service commission.

3. "Public utility" includes any association, person, firm, corporation, limited liability

company, or agency engaged or employed in any business enumerated in this title.

4. "Rate" means and includes every compensation, charge, fare, toll, rental, and

classification, or any of them, demanded, observed, charged, or collected by any

public utility for any service, product, or commodity, offered by it to the public, and any

rules, regulations, practices, or contracts affecting any such compensation, charge,

fare, toll, rental, or classification.
N.D. Cent. Code § 49-01-05 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-05
49-01-05. Salary of commissioners
Status: in_force

49-01-05. Salary of commissioners

The annual salary of a commissioner is one hundred thirty-nine thousand two hundred

fifty-six dollars through June 30, 2026, and one hundred forty-three thousand four hundred

thirty-four dollars thereafter. All fees received or charged by any commissioner for any act or

service rendered in any official capacity must be accounted for and paid over by the

commissioner monthly to the state treasurer and must be credited to the general fund of the

state.
N.D. Cent. Code § 49-21-02.4 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-02.4
49-21-02.4. Unauthorized telecommunications service
Status: in_force

49-21-02.4. Unauthorized telecommunications service

1. A telecommunications company shall comply with the provision of title 47, Code of

Federal Regulations, part 64, subpart k, in effect on January 1, 2001, regarding

changes in a subscriber's selection of a provider of telecommunications service. The

commission shall enforce the provisions of title 47, Code of Federal Regulations,

part 64, subpart k, in effect on January 1, 2001.

2. A telecommunications company may not initiate an intrastate telecommunications

service to a subscriber without authorization. A subscriber for whom an intrastate

telecommunications service is initiated without authorization is absolved from liability

for charges imposed by the service provider if the subscriber notifies the service

provider within thirty days after the first billing for the unauthorized service. Upon being

informed by the subscriber that an unauthorized initiation of service has occurred, the

telecommunications company providing the service shall cancel the service, inform the

subscriber of the thirty-day absolution period, and refund any payments made by the

subscriber for the service during the absolution period. The telecommunications

company may rebill for the service provided before cancellation if the company

determines the service initiation was authorized. The remedies provided in this section

are in addition to any other remedies available at law.

3. If the commission finds an emergency exists that requires ex parte action, the

commission may issue a cease and desist order without prior notice against a

telecommunications company that the commission has reason to believe is in violation

of this section or title 47, Code of Federal Regulations, part 64, subpart k, in effect on

January 1, 2001. The cease and desist order must be:

a. Directed against the telecommunications company's marketing of

telecommunications service, not the company's provision of service to current

customers;

b. Accompanied by service on the telecommunications company of a commission

order opening an investigation or a formal complaint regarding the company's

compliance with this section; and

c. Accompanied by service on the telecommunications company of a notice of

opportunity to be heard on the cease and desist order within fifteen days of

issuance of the cease and desist order.

4. A telecommunications company that violates this section is deemed to have committed

an unlawful practice in violation of section 51-15-02 and is subject to all the provisions,

procedures, and penalties of chapter 51-15.
N.D. Cent. Code § 49-07-03 — ND Code / Title 49 / Chapter 49-07 / Section 49-07-03
49-07-03. Act of officer or agent that of principal
Status: in_force

49-07-03. Act of officer or agent that of principal

In construing and enforcing the provisions of this title relating to penalties, the act, omission,

or failure of any officer, agent, or employee of any public utility, acting within the scope of that

person's official duties or employment, in every case shall be deemed to be the act, omission, or

failure of such public utility.
N.D. Cent. Code § 49-21-22.2 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-22.2
49-21-22.2. Regulatory reform review commission - Appointments - Compensation - Report to legislative council
Status: repealed

49-21-22.2. Regulatory reform review commission - Appointments - Compensation -

Report to legislative council.

Repealed by S.L. 2009, ch. 482, § 99.
N.D. Cent. Code § 49-01-12 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-12
49-01-12. Disposition of penalties
Status: in_force

49-01-12. Disposition of penalties

Except as otherwise provided, any penalty which shall be collected for violation of any

provision of this title shall be paid into the state treasury for the general fund.
N.D. Cent. Code § 49-22.1-02 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-02
49-22.1-02. Statement of policy
Status: in_force

49-22.1-02. Statement of policy

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 and

transmission facilities will produce minimal adverse effects on the environment and the welfare

of the citizens of this state by prohibiting energy conversion facilities and transmission facilities

from being located, constructed, or operated within this state without a certificate of site

compatibility or a route permit acquired under this chapter. The policy of this state is to site

energy conversion facilities and to route transmission facilities in an orderly manner compatible

with environmental preservation and the efficient use of resources. Sites and routes must be

selected to minimize adverse human and environmental impact while ensuring continuing

system reliability and integrity and fulfilling energy needs in an orderly and timely fashion.
N.D. Cent. Code § 49-11-00.1 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-00.1
49-11-00.1. Definitions
Status: in_force

49-11-00.1. Definitions

In this chapter, unless the context otherwise requires:

1. "Public railroad crossing" means a location where a public highway, road, or street,

including associated sidewalks or pathways, crosses one or more railroad tracks at

grade. The term includes a crossing if a public authority maintains the roadway on both

sides of the crossing.

2. "Private railroad crossing" means any railroad at grade crossing of a roadway which is

not a public railroad crossing.
N.D. Cent. Code § 49-22-05.1 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-05.1
49-22-05.1. Exclusion and avoidance areas - Criteria
Status: in_force

49-22-05.1. Exclusion and avoidance areas - Criteria

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 may be considered in the evaluation and designation

process.

2. The commission may not identify prime farmland, unique farmland, or irrigated land as

exclusion or avoidance areas when evaluating and designating geographical areas for

site, corridor, or route suitability.

3. Except for electric transmission lines in existence before July 1, 1983, areas within five

hundred feet [152.4 meters] of an inhabited rural residence must be designated

avoidance areas. This criterion does not apply to a water pipeline. The five hundred

foot [152.4 meter] avoidance area criteria for an inhabited rural residence may be

waived by the owner of the inhabited rural residence in writing.

4. Areas less than one and one-tenth times the height of the turbine from the property

line of a nonparticipating landowner and less than three times the height of the turbine

or more from an inhabited rural residence of a nonparticipating landowner, must be

excluded in the consideration of a site for a wind energy conversion area, unless a

variance is granted. The commission may grant a variance if an authorized

representative or agent of the permittee, the nonparticipating landowner, and affected

parties with associated wind rights file a written agreement expressing the support of

all parties for a variance to reduce the setback requirement in this subsection. A

nonparticipating landowner is a landowner that has not signed a wind option or an

easement agreement with the permittee of the wind energy conversion facility as

defined in chapter 17-04. A local zoning authority may require setback distances

greater than those required under this subsection. For purposes of this subsection,

"height of the turbine" means the distance from the base of the wind turbine to the

turbine blade tip when it is in its highest position.
N.D. Cent. Code § 49-21-03 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-03
49-21-03. Articles of incorporation - Telephone - Telegraph
Status: repealed

49-21-03. Articles of incorporation - Telephone - Telegraph

Repealed by S.L. 1985, ch. 515, § 26.
N.D. Cent. Code § 49-21-12 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-12
49-21-12. Assessments - Expenses - Sinking fund
Status: repealed

49-21-12. Assessments - Expenses - Sinking fund

Repealed by S.L. 1985, ch. 515, § 26.
N.D. Cent. Code § 49-21.1-01 — ND Code / Title 49 / Chapter 49-21.1 / Section 49-21.1-01
49-21.1-01. Definitions
Status: in_force

49-21.1-01. Definitions

As used in this chapter:

1. "High voltage" means a voltage in excess of six hundred volts between conductors or

between any single conductor and the ground.

2. "Overhead lines or overhead conductors" means electrical conductors installed above

the ground, except conductors de-energized and grounded or enclosed in protective

conduit or other metal covering.
N.D. Cent. Code § 49-22-16.4 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-16.4
49-22-16.4. Light-mitigating technology system - Rules
Status: in_force

49-22-16.4. Light-mitigating technology system - Rules

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 include service and maintenance requirements, safety

standards, and lighting system requirements.

2. By December 31, 2019, every wind energy conversion facility for which the

commission issued a certificate of site compatibility after June 5, 2016, must be

equipped with a functioning light-mitigating technology system that complies with rules

adopted by the commission. The commission may grant a waiver or an extension of

time based on technical or economic feasibility considerations.

3. By December 31, 2021, every wind energy conversion facility for which the

commission issued a certificate of site compatibility before June 5, 2016, must be

equipped with a functioning light-mitigating technology system that complies with the

rules adopted by the commission. The commission may grant a waiver or an extension

of time based on technical or economic feasibility considerations.

4. Any costs associated with the implementation, operation, and maintenance of

light-mitigating technology systems are the sole responsibility of the wind energy

conversion facility owner.
N.D. Cent. Code § 49-16-01 — ND Code / Title 49 / Chapter 49-16 / Section 49-16-01
49-16-01. Liability of railroad for damages from fire
Status: repealed

49-16-01. Liability of railroad for damages from fire

Repealed by S.L. 1977, ch. 443, § 3.
N.D. Cent. Code § 49-05-04.2 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-04.2
49-05-04.2. Rate adjustment - Federal environmental mandate costs
Status: in_force

49-05-04.2. Rate adjustment - Federal environmental mandate costs

1. The commission may approve, reject, or modify a tariff filed under section 49-05-06,

which provides for an adjustment of rates to recover jurisdictional capital costs and

associated operating expenses incurred by a public utility to comply with federal

environmental mandates on existing electricity generating stations. For purposes of

this section, federal environmental mandates are limited to any requirements under the

Clean Air Act, the Clean Water Act, or any other federal law or rule designed to protect

the environment. Associated operating expenses are costs incurred by the public utility

to comply with the environmental mandate. The tariff must:

a. Allow the public utility to recover on a timely basis its investment in capital costs

and associated operating expenses incurred to meet federal environmental

mandates not reflected in the utility's general rate schedule.

b. Allow a return on the public utility's investment made to meet federal

environmental mandates at the level approved in the utility's most recent general

rate case.

c. Provide a current return on construction work in progress to meet federal

environmental mandates provided the cost recovery from retail customers of the

allowance for funds used during construction is not sought through any other

means.

d. Terminate cost recovery after the public utility's costs and expenses to meet

federal environmental mandates have been recovered fully or have been

reflected in the utility's general rate tariffs.

2. Rate adjustments filed under the tariff must be accompanied by:

a. A description and quantification of the costs and expenses incurred by the public

utility to meet federal environmental mandates which are subject to recovery;

b. A schedule for implementation of the applicable projects;

c. Calculations to establish that the rate adjustment is consistent with the terms of

the tariff; and

d. An application fee in the amount of one hundred thousand dollars. Upon request

of the commission and with the approval of the emergency commission, the

applicant shall pay such additional fees as are reasonably necessary for

completion of the application process by the commission. The commission may

waive or reduce the fee.

3. Upon receipt of a rate adjustment filed under the tariff, the commission shall approve

the rate adjustment to become effective unless, after notice and opportunity for

hearing and comment, the commission determines the rate adjustment does not

comply with the tariff or the incurred costs and expenses to meet federal

environmental mandates are not reasonable and prudent. The commission shall pay

the expenses of investigating a rate adjustment to meet federal environmental

mandates under this section from the application fee paid by the public utility in

accordance with section 49-02-02. The public utility has the burden of proving that the

rate adjustment complies with the tariff and that the costs and expenses incurred to

meet federal environmental mandates are reasonable and prudent.