N.D. Cent. Code § 49-22.1-01 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-01
49-22.1-01. Definitions
Status: in_force

49-22.1-01. Definitions

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

1. "Certificate" means the certificate of site compatibility or the certificate of corridor

compatibility issued under this chapter.

2. "Commission" means the North Dakota public service commission.

3. "Construction" includes a clearing of land, excavation, or other action affecting the

environment of the site after April 9, 1975, but does not include activities:

a. Conducted wholly within the geographic location for which a utility has previously

obtained a certificate or permit under this chapter, or on which a facility was

constructed before April 9, 1975, if:

(1) The activities are for the construction of the same type of facility as the

existing type of facility as identified in subsection 6 or 7 and the activities

are:

(a) Within the geographic boundaries of a previously issued certificate or

permit;

(b) For a gas or liquid energy conversion facility constructed before

April 9, 1975, within the geographic location on which the facility was

built; or

(c) For a gas or liquid transmission facility constructed before April 9,

1975, within a width of three hundred fifty feet [106.68 meters] on

either side of the centerline;

(2) Except as provided in subdivision b, the activities do not affect any known

exclusion or avoidance area;

(3) The activities are for the construction:

(a) Of a new gas or liquid energy conversion facility;

(b) Of a new gas or liquid transmission facility;

(c) To improve the existing gas or liquid energy conversion facility, or gas

or liquid, transmission facility; or

(d) To increase or decrease the capacity of the existing gas or liquid

energy conversion facility or gas or liquid transmission facility; and

(4) Before conducting any activities, the utility certifies in writing to the

commission that:

(a) The activities will not affect a known exclusion or avoidance area;

(b) The activities are for the construction:

[1] Of a new gas or liquid energy conversion facility;

[2] Of a new gas or liquid transmission facility;

[3] To improve the existing gas or liquid energy conversion or gas or

liquid transmission facility; or

[4] To increase or decrease the capacity of the existing gas or liquid

energy conversion facility or gas or liquid transmission facility;

and

(c) The utility will comply with all applicable conditions and protections in

siting laws and rules and commission orders previously issued for any

part of the facility.

b. Otherwise qualifying for exclusion under subdivision a, except that the activities

are expected to affect a known avoidance area and the utility before conducting

any activities:

(1) Certifies in writing to the commission:

(a) The activities will not affect any known exclusion area;

(b) The activities are for the construction:

[1] Of a new gas or liquid energy conversion facility;

[2] Of a new gas or liquid transmission facility;

[3] To improve the existing gas or liquid energy conversion facility or

gas or liquid facility; or

[4] To increase or decrease the capacity of the existing gas or liquid

energy conversion facility or gas or liquid transmission facility;

and

(c) The utility will comply with all applicable conditions and protections in

siting laws and rules and commission orders previously issued for any

part of the facility;

(2) Notifies the commission in writing that the activities are expected to impact

an avoidance area and provides information on the specific avoidance area

expected to be impacted and the reasons why impact cannot be avoided;

and

(3) Receives the commission's written approval for the impact to the avoidance

area, based on a determination that there is no reasonable alternative to the

expected impact. If the commission does not approve impacting the

avoidance area, the utility must obtain siting authority under this chapter for

the affected portion of the site or route. If the commission fails to act on the

notification required by this subdivision within thirty days of the utility's filing

the notification, the impact to the avoidance area is deemed approved.

c. Incident to preliminary engineering or environmental studies.

4. "Corridor" means the area of land where a designated route may be established for a

gas or liquid transmission facility.

5. "Facility" means a gas or liquid energy conversion facility, gas or liquid transmission

facility, or both.

6. "Gas or liquid energy conversion facility" means any plant, addition, or combination of

plant and addition, designed for or capable of:

a. Manufacture or refinement of one hundred million cubic feet [2831684.66 cubic

meters] or more of gas or hydrogen per day, regardless of the end use of the gas;

b. Manufacture or refinement of fifty thousand barrels [7949.36 cubic meters] or

more of liquid hydrocarbon products per day; or

c. Enrichment of uranium minerals.

7. "Gas or liquid transmission facility" means any of the following:

a. A gas or liquid transmission line and associated facilities designed for or capable

of transporting coal, gas, liquid hydrocarbons, liquid hydrocarbon products,

hydrogen, or carbon dioxide. This subdivision does not apply to:

(1) An oil or gas pipeline gathering system;

(2) A natural gas distribution system;

(3) Carbon dioxide storage facility underground equipment, including a flow line,

subject to chapter 38-22;

(4) A pipeline with an outside diameter of four and one-half inches

[11.43 centimeters] or less which will not be trenched and will be plowed in

with a power mechanism having a vertical knife or horizontally directionally

drilled, and its associated facilities; or

(5) A pipeline that is less than one mile [1.61 kilometers] long. For purposes of

this chapter, a gathering system includes the pipelines and associated

facilities used to collect oil from the lease site to the first pipeline storage site

where pressure is increased for further transport, or pipelines and

associated facilities used to collect gas from the well to the gas processing

facility at which end-use consumer-quality gas is produced, with or without

the addition of odorant.

b. A liquid transmission line and associated facilities designed for or capable of

transporting water from or to an energy conversion facility.

8. "Permit" means the permit for the construction of a gas or liquid transmission facility

within a designated corridor issued under this chapter.

9. "Person" includes an individual, firm, association, partnership, cooperative,

corporation, limited liability company, or any department, agency, or instrumentality of

a state or of the federal government, or any subdivision thereof.

10. "Public hearing" means a proceeding conducted for the purpose of acquiring

information that will be considered in a certificate or permit action evaluation and which

affords the public an opportunity to present views, opinions, and information.

11. "Road use agreement" means permits required for extraordinary road use, road

access points, approach or road crossings, public right-of-way setbacks, building rules,

physical addressing, dust control measures, or road maintenance and any repair

mitigation plans.

12. "Route" means the location of a gas or liquid transmission facility within a designated

corridor.

13. "Site" means the location of a gas or liquid energy conversion facility.

14. "Utility" means a person engaged in and controlling the generation, manufacture,

refinement, or transmission of gas, liquid hydrocarbons, or liquid hydrocarbon

products, including coal gasification, coal liquefaction, petroleum refinement, uranium

enrichment, and the transmission of coal, gas, liquid hydrocarbons, or liquid

hydrocarbon products, or the transmission of water from or to any gas or liquid energy

conversion facility.
N.D. Cent. Code § 49-21-28 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-28
49-21-28. Arbitration
Status: in_force

49-21-28. Arbitration

1. A telecommunications company that is denied the use of or access to a political

subdivision right of way, that has its right-of-way permit revoked, or that believes that

the fees imposed on that company by the political subdivision do not conform to the

requirements of section 49-21-26 may request in writing that the denial, revocation, or

fee imposition be reviewed by the governing body of the political subdivision. The

governing body of the political subdivision shall act within thirty days of the request. A

decision by the governing body affirming the denial, revocation, or fee imposition must

be in writing and supported by written findings establishing the reasonableness of the

decision.

2. Upon affirmation by the governing body of the denial, revocation, or fee imposition, the

telecommunications company may do either of the following:

a. With the consent of the governing body, submit the matter to final, binding

arbitration. Binding arbitration must be before an arbitrator selected by the

political subdivision and the telecommunications company. If the parties are

unable to agree on an arbitrator, the matter must be resolved by the three-person

arbitration panel made up of one arbitrator selected by the political subdivision,

one arbitrator selected by the telecommunications company, and one arbitrator

selected by the other two arbitrators. The cost of a single arbitrator must be paid

equally by the political subdivision and the telecommunications company. If a

three-person arbitration panel is selected, each party shall pay the cost of its own

arbitrator, and the parties shall jointly pay the cost of the third arbitrator and of the

arbitration. Each party to the arbitration shall pay its own costs, disbursements,

and attorney's fees.

b. Bring an action in district court to review a decision of the governing body made

under this section.
N.D. Cent. Code § 49-22-06 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-06
49-22-06. Facility development plans
Status: repealed

49-22-06. Facility development plans

Repealed by S.L. 1977, ch. 447, § 16.
N.D. Cent. Code § 49-19-12 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-12
49-19-12. When pipeline carrier may exercise right of eminent domain
Status: in_force

49-19-12. When pipeline carrier may exercise right of eminent domain

Every common pipeline carrier which shall have filed with the commission its acceptance of

the provisions of this chapter has, subject to chapter 32-15, the right and power of eminent

domain in the exercise of which it may enter upon and condemn the land, right of way,

easements, and property of any person necessary for the construction, maintenance, or

authorization of its pipeline. The manner and method of such condemnation, and the

assessment and payment of the damages therefor are the same as is provided by law in the

case of railroads. The right of eminent domain and the right to use public lands, highways, or

roads for right of way for pipelines shall be acquired only by compliance with the provisions of

this chapter.
N.D. Cent. Code § 49-11-14 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-14
49-11-14. Notice to railroad of investigation of grade crossing
Status: repealed

49-11-14. Notice to railroad of investigation of grade crossing

Repealed by S.L. 1981, ch. 476, § 6.
N.D. Cent. Code § 49-11-30 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-30
49-11-30. Failure of railroad to fence - Damage to owner of stock - How collected
Status: in_force

49-11-30. Failure of railroad to fence - Damage to owner of stock - How collected

Any corporation operating a railroad and failing to fence the same against livestock running

at large where the duty to fence exists is liable to the owner of any stock killed or injured by

reason of the want of such fence for the full amount of the damages sustained by the owner,

unless the injury was occasioned by the grossly negligent act of the owner of the stock or the

owner's agent. To recover, the owner of the stock must prove only the loss of or injury to the

owner's property. Notice in writing that a loss or injury has occurred, accompanied by an

affidavit thereof, must be served upon an officer of the corporation or upon a station or ticket

agent employed by the corporation in the county where the loss or injury occurred. If the

corporation fails or neglects to pay the damages within ninety days after the notice is served on

it, the owner is entitled to recover from the corporation double the amount of damages actually

sustained by the owner, and a reasonable attorney's fee when it is adjudged by a court of

competent jurisdiction that the claimant is entitled to the amount claimed.
N.D. Cent. Code § 49-21.1-02 — ND Code / Title 49 / Chapter 49-21.1 / Section 49-21.1-02
49-21.1-02. Operations within ten feet prohibited
Status: in_force

49-21.1-02. Operations within ten feet prohibited

No person shall store or erect any tools, machinery, equipment, supplies, materials,

apparatus, house, or other building, or any part thereof, within ten feet [3.05 meters] of any high

voltage overhead conductor.
N.D. Cent. Code § 49-21-02.2 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-02.2
49-21-02.2. Cross-subsidization prohibited
Status: in_force

49-21-02.2. Cross-subsidization prohibited

Revenues obtained from essential telecommunications services may not be used to

subsidize or otherwise give advantage to a telecommunications company in its nonessential

telecommunications services.
N.D. Cent. Code § 49-17.1-02 — ND Code / Title 49 / Chapter 49-17.1 / Section 49-17.1-02
49-17.1-02. Department of transportation as designated state agency
Status: in_force

49-17.1-02. Department of transportation as designated state agency

The department, with the cooperation of the commission, is authorized to exercise those

powers necessary for the state to qualify for rail service assistance grants pursuant to provisions

of the Railroad Revitalization and Regulatory Reform Act of 1976 [Pub. L. 94-210; 90 Stat. 149;

49 U.S.C. 1651 et seq.], including authority to:

1. Prepare and recommend a state plan for all rail transportation and local rail services.

2. Administer and coordinate the state plan.

3. Provide in the plan for the equitable distribution of rail service assistance grants

among state, local, and regional transportation authorities.

4. Promote and support safe, adequate, and efficient rail services for those railway lines

receiving rail service assistance grants.

5. Employ sufficient trained and qualified personnel for these purposes.

6. Maintain adequate programs of investigation, research, promotion, and development

in connection with these purposes and to provide for public participation therein.

7. Provide satisfactory assurances on behalf of the state that fiscal control and fund

accounting procedures will be adopted by the state as may be necessary to assure

proper disbursement of an account for federal funds paid to the state as rail service

assistance grants.

8. Comply with the regulations of the secretary of transportation of the United States

department of transportation affecting rail service assistance grants.

9. Do all things otherwise necessary to maximize federal assistance to the state under

the Railroad Revitalization and Regulatory Reform Act of 1976 [Pub. L. 94-210;

90 Stat. 149; 49 U.S.C. 1651 et seq.], and any amendments to it.
N.D. Cent. Code § 49-09-10.1 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-10.1
49-09-10.1. Identification of railroad rights of way - Duties of commission
Status: repealed

49-09-10.1. Identification of railroad rights of way - Duties of commission

Repealed by S.L. 1989, ch. 569, § 3.
N.D. Cent. Code § 49-10.1-15 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-15
49-10.1-15. Semimonthly pay to railroad employees
Status: in_force

49-10.1-15. Semimonthly pay to railroad employees

All railroads doing business within this state are required to pay their employees, at least

semimonthly, the wages earned by them within fifteen days of the date of such payment unless

prevented by inevitable casualty. Whenever an employee shall be discharged, the employee's

wages shall be paid to the employee at the time of the employee's discharge or whenever the

employee shall demand the same thereafter.
N.D. Cent. Code § 49-09-14 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-14
49-09-14. Utility property transfers filed with secretary of state
Status: repealed

49-09-14. Utility property transfers filed with secretary of state

Repealed by S.L. 2021, ch. 345, § 1.
N.D. Cent. Code § 49-22-12 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-12
49-22-12. Emergency certification
Status: repealed

49-22-12. Emergency certification

Repealed by S.L. 1977, ch. 447, § 16.
N.D. Cent. Code § 49-22-08 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-08
49-22-08. Application for a certificate - Notice of filing - Amendment - Designation of a site or corridor
Status: in_force

49-22-08. Application for a certificate - Notice of filing - Amendment - Designation of a

site or corridor.

1. An application for a certificate must be in such form as the commission may prescribe,

containing the following information:

a. A description of the size and type of facility.

b. A summary of any studies which have been made of the environmental impact of

the facility.

c. A statement explaining the need for the facility.

d. An identification of the location of the preferred site for any electric energy

conversion facility.

e. An identification of the location of the preferred corridor for any electric

transmission facility.

f. A description of the merits and detriments of any location identified and a

comprehensive analysis with supporting data showing the reasons why the

preferred location is best suited for the facility.

g. A description of mitigative measures that will be taken to minimize all foreseen

adverse impacts resulting from the location, construction, and operation of the

proposed facility.

h. An evaluation of the proposed site or corridor with regard to the applicable

considerations set out in section 49-22-09 and the criteria established pursuant to

section 49-22-05.1.

i. Such other information as the applicant may consider relevant or the commission

may require.

2. After determining that the application is complete, the commission shall serve a notice

of filing of the application on such persons and agencies that the commission may

deem appropriate and shall publish a notice of filing of the application in the official

newspaper of each county in which any portion of the site or corridor is proposed to be

located.

3. A copy of the application shall be furnished to any person or agency, upon request to

the commission within thirty days of either service or publication of the notice of filing.

4. Within thirty days following service of the notice of filing of a complete application by

the commission, the applicant shall provide a copy of the commission's notice of filing

of the application by first-class mail to the owner of record of any land located within

the requested site or corridor. For purposes of this subsection, the owner of record

means the owner identified by the county treasurer to receive the real estate tax

statement.

5. An application for an amendment of a certificate shall be in such form and contain

such information as the commission shall prescribe.

6. The commission may designate a site or corridor for a proposed facility following the

study and hearings provided for in this chapter. Any designation shall be made in

accordance with the evidence presented at the hearings, an evaluation of the

information provided in the application, the criteria established pursuant to section

49-22-05.1, and the considerations set out in section 49-22-09 in a finding with

reasons for the designation, and shall be made in a timely manner no later than

six months after the filing of a completed application for a certificate of site

compatibility or no later than three months after the filing of a completed application for

a certificate of corridor compatibility. The time for designation of a site or corridor may

be extended by the commission for just cause. The failure of the commission to act

within the time limits provided in this section shall not operate to divest the commission

of jurisdiction in any certification proceeding. The commission shall indicate the

reasons for any refusal of designation. Upon designation of a site or corridor, the

commission shall issue a certificate of site compatibility or a certificate of corridor

compatibility with such terms, conditions, or modifications deemed necessary. The

commission may not condition the issuance of a certificate or permit on the applicant

providing a mitigation payment assessed or requested by another state agency or

entity to offset a negative impact on wildlife habitat.
N.D. Cent. Code § 49-25-03 — ND Code / Title 49 / Chapter 49-25 / Section 49-25-03
49-25-03. Wildfire mitigation plan
Status: in_force

49-25-03. Wildfire mitigation plan

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 of wildfire;

b. The procedures, standards, and time frames the qualified utility will use to safely

and reliably operate and inspect its infrastructure affected by hazardous

vegetation;

c. The procedures and standards the qualified utility will use to perform vegetation

management;

d. The modifications or upgrades to facilities and preventative programs the

qualified utility will implement to reduce the risk of its electric facilities initiating a

wildfire;

e. Procedures for disabling reclosers to mitigate potential wildfires taking into

consideration:

(1) The ability of the qualified utility to reasonably disable reclosers and access

the proposed power line if it becomes de-energized;

(2) The balance of the risk of wildfire with the need for continued supply of

electricity to a community; and

(3) Any potential impact to public safety, first responders, and health and

communication infrastructure;

f. Procedures the qualified utility intends to use to restore its electrical system in the

event of a wildfire;

g. The costs for implementation of the plan, including system improvements and

upgrades;

h. Community outreach and public awareness efforts before and during a wildfire

season; and

i. Potential participation with state or local wildfire protection or mitigation plans.

3. The procedures and standards under this section must be compliant with the American

national standards institute standard A300, part 7, and the 2023 national electrical

safety code.
N.D. Cent. Code § 49-09-11 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-11
49-09-11. Compensation for another railroad's property - Determined according to law of eminent domain
Status: in_force

49-09-11. Compensation for another railroad's property - Determined according to law

of eminent domain.

If railroad corporations cannot agree upon an adjustment and the amount of compensation

to be paid for the purchase of necessary change of location and removal of any track previously

laid, the same shall be ascertained and determined and the common, mutual, and separate

rights shall be adjusted in the manner provided by law for the ascertainment and determination

of damages for the taking of real property. The court may employ a competent engineer to

define, locate, and plat the ground and assign to each corporation the part for the tracks and

other conveniences for each and may require the removal or purchase of tracks previously laid

so as justly to settle the rights of such corporation upon such ground, the damages to be paid

being assessed in accordance with the law on eminent domain.
N.D. Cent. Code § 49-01-07 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-07
49-01-07. Proceedings of public service commission - Pledge of allegiance
Status: in_force

49-01-07. Proceedings of public service commission - Pledge of allegiance

The commission in all cases may conduct its proceedings, when not otherwise particularly

prescribed by law, in a manner most conducive to the proper dispatch of business and to the

ends of justice. A majority of the commission shall constitute a quorum for the transaction of

business, but a commissioner shall not participate in any hearing or proceeding in which that

commissioner has any direct personal pecuniary interest. The commission from time to time

may make or amend such general rules or orders as may be requisite for the orderly regulation

of proceedings before it, including forms of notice and the service thereof, which shall conform

as nearly as possible to those in use in the courts of this state. Any party may appear before the

commission and may be heard in person or by attorney. Every vote and official action of the

commission shall be entered of record and its proceedings shall be public upon the request of

any person interested. The commission shall have an official seal, which shall be judicially

noticed, and every commissioner shall have the right to administer oaths and affirmations in any

proceeding pending before the commission. At the beginning of each regularly scheduled

meeting of the commission, members must be given the opportunity to participate in a voluntary

recitation of the pledge of allegiance.
N.D. Cent. Code § 49-17.1-02.1 — ND Code / Title 49 / Chapter 49-17.1 / Section 49-17.1-02.1
49-17.1-02.1. Review and approval of rail projects
Status: in_force

49-17.1-02.1. Review and approval of rail projects

The department shall coordinate with the Bank of North Dakota to approve and review rail

projects financed under the rail revolving loan fund under section 6-09-49.3.
N.D. Cent. Code § 49-10.1-04 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-04
49-10.1-04. Equipment distribution
Status: repealed

49-10.1-04. Equipment distribution

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-04-02 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-02
49-04-02. Reasonable charges for services and commodities of public utility
Status: in_force

49-04-02. Reasonable charges for services and commodities of public utility

All rates and charges made, demanded, or received by any public utility or by any two or

more public utilities for any product or commodity furnished or to be furnished, or any service

rendered or to be rendered, shall be just and reasonable. Every unjust and unreasonable rate or

charge made, demanded, or received for such product, commodity, or service is prohibited and

unlawful.
N.D. Cent. Code § 49-04-11 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-11
49-04-11. Free passes restricted
Status: repealed

49-04-11. Free passes restricted

Repealed by S.L. 1975, ch. 431, § 9.
N.D. Cent. Code § 49-11-27 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-27
49-11-27. Requirements of hog-tight fence built by railroad on right of way
Status: in_force

49-11-27. Requirements of hog-tight fence built by railroad on right of way

A fence built pursuant to a demand made under section 49-11-26 shall be constructed as

follows:

1. The fence shall be not less than twenty-six inches [66.04 centimeters] high.

2. The woven wire shall have not less than seven cables and the meshes therein shall

not exceed six inches [15.24 centimeters] in length.

3. The bottom mesh shall be not more than three inches [7.62 centimeters] wide; the

second mesh shall be not more than three and one-half inches [8.89 centimeters]

wide; the third mesh shall be not more than four inches [10.16 centimeters] wide; the

fourth mesh shall be not more than four and one-half inches [11.43 centimeters] wide;

the fifth mesh shall be not more than five inches [12.7 centimeters] wide; and the sixth

mesh shall be not more than six inches [15.24 centimeters] wide.

4. The bottom wire of the fence shall be placed not to exceed two inches [5.08

centimeters] from the surface of the ground.

5. Not less than three barbed wires of not less than no. 13 standard gauge with barbs not

exceeding six inches [15.24 centimeters] apart shall be placed above the woven wires.

The first barbed wire shall be placed four inches [10.16 centimeters] above the woven

wire; the second barbed wire shall be placed eight inches [20.32 centimeters] above

the first barbed wire; and the third barbed wire shall be placed eight inches [20.32

centimeters] above the second barbed wire.

6. The posts used in such fence shall be of ordinary size for fence purposes, shall be set

in the ground to a depth of at least two feet [.61 meters], and shall be not to exceed

sixteen feet [4.88 meters] apart.
N.D. Cent. Code § 49-22.1-04 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-04
49-22.1-04. Certificate of site compatibility or route permit required
Status: in_force

49-22.1-04. Certificate of site compatibility or route permit required

A utility may not begin construction of a gas or liquid energy conversion facility or gas or

liquid transmission facility in the state without first having obtained a certificate of site

compatibility or a route permit from the commission pursuant to this chapter. The facility 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.
N.D. Cent. Code § 49-03-04 — ND Code / Title 49 / Chapter 49-03 / Section 49-03-04
49-03-04. Replacement or renewal of franchise - Certificate of public convenience and necessity not necessary
Status: in_force

49-03-04. Replacement or renewal of franchise - Certificate of public convenience and

necessity not necessary.

A public utility or electric transmission provider does not need to secure a renewal of the

certificate of public convenience and necessity under this chapter in order to exercise rights

under an ordinance if either has not suspended operation of its plant and where the franchise

merely replaces or renews an expiring or expired franchise.
N.D. Cent. Code § 49-21-13 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-13
49-21-13. Extension of line and system
Status: repealed

49-21-13. Extension of line and system

Repealed by S.L. 1985, ch. 515, § 26.
N.D. Cent. Code § 49-02-23 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-23
49-02-23. Consideration of environmental externality values prohibited
Status: in_force

49-02-23. Consideration of environmental externality values prohibited

The commission may not use, require the use of, or allow electric utilities to use

environmental externality values in the planning, selection, or acquisition of electric resources or

the setting of rates for providing electric service. Environmental externality values are numerical

costs or quantified values that are assigned to represent either:

1. Environmental costs that are not internalized in the cost of production or the market

price of electricity from a particular electric resource; or

2. The alleged costs of complying with future environmental laws or regulations that have

not yet been enacted.
N.D. Cent. Code § 49-09.1-01 — ND Code / Title 49 / Chapter 49-09.1 / Section 49-09.1-01
49-09.1-01. Definitions
Status: in_force

49-09.1-01. Definitions

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 and alongside the

lines of a railroad for no more than one mile, or another distance agreed to by the

parties, after which the facility crosses the railroad lines, terminates, or exits the

railroad right of way. The term does not include longitudinal occupancy of a railroad

right of way.

2. "Facility" means any item of personal property placed over, across, or under a railroad

right of way for use in connection with the storage or conveyance of:

a. Water;

b. Sewage;

c. Electronic, telephone, data, or telegraphic communications;

d. Fiber optics;

e. Cablevision;

f. Electric energy;

g. Liquid hydrocarbons;

h. Gas;

i. Hazardous liquids; or

j. Other substances, including pipes, sewers, conduits, cables, valves, lines, wires,

manholes, or attachments.

3. "Railroad" means any association or corporation or other entity engaged in operating a

common carrier by rail or any other entity responsible for the management of

crossings or collection of crossing fees.

4. "Special circumstances" includes the railroad crossing's relationship to other property,

location of the crossing in urban or other developed areas, the existence of unique

topography or natural resources, or other dangers inherent in the particular crossing.

5. "Utility" means cooperative electric association, electric utility, public utility,

transmission company, gas utility, municipal utility, municipal power agency,

municipality, joint action agency, pipeline company, rural water system, or telephone,

telegraph, telecommunications, cable, or fiber optic carrier. The term includes

contractors and agents.
N.D. Cent. Code § 49-03-02 — ND Code / Title 49 / Chapter 49-03 / Section 49-03-02
49-03-02. Prerequisites to issuance of certificate of public convenience and necessity
Status: in_force

49-03-02. Prerequisites to issuance of certificate of public convenience and

necessity.

1. Before any certificate may issue under this chapter, a certified copy of the articles of

incorporation or charter of the utility, if the applicant is a corporation, or a certified copy

of the articles of organization of the utility, if the applicant is a limited liability company,

must be filed with the commission. At the hearing on the application after notice as

provided in this title, the utility shall submit evidence showing that the applicant has

received the consent, franchise, permit, ordinance, or other authority of the proper

municipality or other public authority, if required, or has or is about to make application

for authority. The commission shall have the power, after notice and hearing, to:

a. Issue the certificate prayed for;

b. Refuse to issue the certificate;

c. Issue the certificate for the construction or operation of a portion only of the

contemplated facility, line, plant, system, or extension of the same; or

d. Issue the certificate for the partial exercise of the right or privilege sought,

conditioned upon the applicant's having secured or upon the applicant's securing

the consent, franchise, permit, ordinance, or other authority of the proper

municipality or other public authority, and may attach to the exercise of the rights

granted by any certificate terms and conditions as in the judgment of the

commission the public convenience and necessity may require.

2. Notwithstanding any other provision of this section, the commission may grant a

certificate if an interested party, including any local electric cooperative, has not

requested a hearing on an application after receiving at least twenty days' notice of

opportunity to request such hearing. In addition, the commission may not issue a

certificate to an electric transmission provider for construction or operation of an

electric transmission line that will interconnect with an electric transmission line owned

or operated by an electric public utility if the electric public utility is willing and able to

construct and operate a similar electric transmission line.

3. The commission may impose an application fee of up to one hundred seventy-five

thousand dollars for an application under this chapter. With the approval of the

emergency commission, the commission may impose an additional amount. The

commission shall pay the expenses of processing an application under this chapter

from the application fee paid by the public utility in accordance with section 49-02-02.
N.D. Cent. Code § 49-02-29 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-29
49-02-29. Qualifying for renewable electricity and recycled energy objective
Status: repealed

49-02-29. Qualifying for renewable electricity and recycled energy objective

Repealed by S.L. 2025, ch. 432, § 2.
N.D. Cent. Code § 49-02-02 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-02
49-02-02. Powers of public service commission with reference to public utilities
Status: in_force

49-02-02. Powers of public service commission with reference to public utilities

The commission shall have power to:

1. Investigate all methods and practices of public utilities or other persons, subject to the

provisions of this title.

2. Require public utilities or other persons to conform to the laws of this state and to all

rules, regulations, and orders of the commission not contrary to law.

3. Require copies of reports, rates, classifications, schedules, and timetables in effect

and used by such utilities or other persons and all other information desired by the

commission relating to such investigations and requirements to be filed with the

commission.

4. Compel obedience to its lawful orders by proceedings of mandamus or injunction or

other proper proceedings, in the name of the state, in any court having jurisdiction of

the parties or of the subject matter.

5. Hold hearings on good cause being shown therefor or on its own motion, and to

provide notice thereof and to shorten the period for which notice must be given prior to

hearing, when good cause exists for such action. Such notice, however, must be

reasonable in view of the nature, scope, and importance of the hearing. Whenever it

appears to the satisfaction of the commission that all of the interested parties have

agreed concerning the matter at hand, or that no interested party has asked for a

hearing, the commission may issue its order without a hearing.

6. Employ, and fix the compensation of, rate experts, engineers, auditors, attorneys, and

all other expert help and assistance for hearings or investigations on applications filed

by gas or electric public utilities. The expense of any hearings or investigations and the

actual expenses of any employees of the commission while engaged upon any

hearing or investigation must be deducted from the application fee paid by the public

utility involved. The commission shall ascertain the costs and expenditures. The

application fees received by the commission under chapter 49-05 must be deposited in

a special account within the public service commission. All moneys deposited in the

account are appropriated on a continuing basis to the commission to pay expenses

incurred in the processing of cases in which application fees are required. The

commission shall refund the portion of a fee collected under chapter 49-05 which

exceeds the expenses incurred for processing the case for which the fee was paid.

7. Cooperate with and receive technical and financial assistance from the United States,

any state, or any department, agency, or officer thereof for any purposes relating to

federal energy laws that deal with energy conservation, coal conversion, rate reform,

and utilities subject to the jurisdiction of the commission. The commission shall also

have the authority to file any reports, hold hearings, and promulgate regulations for

any such purposes. Information received by the commission which was developed or

obtained by a regional transmission organization market monitor, the organization of

midcontinent independent system operator states, and the southwest power pool

regional state committee is exempt from section 44-04-18 and section 6 of article XI of

the Constitution of North Dakota.

8. Cooperate with and receive technical and financial assistance from the United States,

any state, or any department, agency, or officer thereof, and to file such reports and

promulgate rules as required by federal law or regulation for any purposes relating to

the regulation of safety standards for pipeline facilities and the transportation

associated with those pipeline facilities.
N.D. Cent. Code § 49-03-01.5 — ND Code / Title 49 / Chapter 49-03 / Section 49-03-01.5
49-03-01.5. Definitions
Status: in_force

49-03-01.5. Definitions

As used in sections 49-03-01 through 49-03-01.5:

1. "Electric provider" means either an electric public utility or a rural electric cooperative.

2. "Electric public utility" means a privately owned supplier of electricity offering to supply

or supplying electricity to the general public. The term does not include a person that

uses an electric vehicle charging station to resell electricity to the public if the reseller

has procured electricity from an electric service provider that is authorized to engage

in the retail sale of electricity within the service area in which the electric vehicle

charging service is provided, and the resale is for the charging of electric vehicles

exclusively.

3. "Electric transmission line" means facilities for conducting electric energy at a design

voltage of one hundred fifteen kilovolts or greater phase to phase and more than

one mile [1.61 kilometers] long.

4. "Electric transmission provider" means an owner or operator, other than a rural electric

cooperative, of a transmission line the costs of which are recovered directly or

indirectly through transmission charges to an electric public utility.

5. "Person" includes an individual, an electric public utility, a corporation, a limited liability

company, an association, or a rural electric cooperative.

6. "Rural electric cooperative" includes any electric cooperative organized under chapter
N.D. Cent. Code § 49-09.1-11 — ND Code / Title 49 / Chapter 49-09.1 / Section 49-09.1-11
49-09.1-11. Assignment
Status: in_force

49-09.1-11. Assignment

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 acquires ownership or control of all or substantially all of the transmission assets

of the utility.

2. Notice of the assignment or transfer must be given to the railroad within thirty days.

Any other transfer or assignment may not take place without the written permission of

the railroad, which permission may not be unreasonably withheld.
N.D. Cent. Code § 49-03.1-01 — ND Code / Title 49 / Chapter 49-03.1 / Section 49-03.1-01
49-03.1-01. Certificates of public convenience and necessity - Who to secure
Status: in_force

49-03.1-01. Certificates of public convenience and necessity - Who to secure

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.
N.D. Cent. Code § 49-17.1-06 — ND Code / Title 49 / Chapter 49-17.1 / Section 49-17.1-06
49-17.1-06. Railroad plan and proposals
Status: in_force

49-17.1-06. Railroad plan and proposals

The department and the commission may develop and make available to interested persons

feasibility plans, proposals, and recommendations for mergers, consolidations, reorganizations,

and other unification or coordination projects for rail services which the department and the

commission believe would result in a rail system which is more efficient and consistent with

public interest.
N.D. Cent. Code § 49-04-18 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-18
49-04-18. Public utility reports furnished to commission
Status: in_force

49-04-18. Public utility reports furnished to commission

Every public utility shall furnish annually to the commission, at such time and in such form

as the commission may require, a report in which the utility shall answer specifically all

questions propounded by the commission upon or concerning which the commission may desire

information to carry into effect the provisions of this title. The commission shall have the

authority to require any public utility to file periodical or special reports concerning any matter

about which the commission is authorized by this title to inquire or to keep itself informed, or

which it is required to enforce. The reports shall be under oath when required by the

commission.
N.D. Cent. Code § 49-09-02 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-02
49-09-02. School lands to be taken at appraised value
Status: in_force

49-09-02. School lands to be taken at appraised value

Whenever any school or state lands are taken for railway purposes as provided in section

49-09-01, the railway corporation taking such lands shall pay to the state treasurer the

appraised value thereof but in no case any sum less than ten dollars per acre [.40 hectare] for

all such lands so taken.
N.D. Cent. Code § 49-06-10 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-10
49-06-10. Valuation - Notice - Finality - Prima facie evidence
Status: in_force

49-06-10. Valuation - Notice - Finality - Prima facie evidence

The commission, whenever it shall have completed a valuation of the property of any public

utility and before such valuation shall have become final, shall give notice by registered or

certified mail to such public utility. If, within thirty days after such notice, no protest shall have

been filed with the commission, then said valuation shall become final. If notice of protest shall

have been filed by such public utility, the commission shall fix the time of hearing the same and

shall consider at such hearing any matter material thereto presented by such public utility in

support of its protest. If, after the hearing of any protest, the commission shall be of the opinion

that its inventory is incomplete or incorrect or that its valuation is incorrect, it shall make such

changes as may be necessary and shall issue an order making such corrected valuation final.

The final valuation by the commission and all classifications made for the ascertainment of such

valuations shall be public and shall be prima facie evidence relative to the value of the property.
N.D. Cent. Code § 49-21-01.5 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-01.5
49-21-01.5. Access code number usage
Status: in_force

49-21-01.5. Access code number usage

A person who, in the ordinary course of operations, makes telephones available to the

public or to transient users of that person's premises, for intrastate telephone calls using a

provider of operator services shall ensure that each of its telephones presubscribed to a

provider of operator services allows the consumer to use "toll free '8XX'", "950", or "101XXXX

0+" access code numbers to obtain access to the provider of operator services desired by the

consumer. Each such person shall ensure that no charge to the consumer for using a "toll free

'8XX'", "950", or "101XXXX 0+" access code number is greater than the amount charged for

calls placed using the presubscribed provider of operator services.
N.D. Cent. Code § 49-21-10.2 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-10.2
49-21-10.2. Quality of service
Status: in_force

49-21-10.2. Quality of service

Any customer, and the commission on its own motion, may complain concerning the quality

of service provided by a telecommunications company providing telecommunications services in

the state. The commission may not adopt any rule or order under this section applicable to retail

services unless the standards of service required by the rule or order are applicable to all

telecommunications companies providing similar service in the relevant market area.
N.D. Cent. Code § 49-02-21 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-21
49-02-21. Power of commission to regulate raising and lowering of electric supply and communication lines
Status: in_force

49-02-21. Power of commission to regulate raising and lowering of electric supply

and communication lines.

The public service commission shall have power:

1. To regulate the raising and lowering of electric supply and communication lines to

permit the movement of buildings or other bulky objects; and to adopt and promulgate,

after notice and hearing, reasonable rules and regulations pertaining thereto.

2. To require, after notice and hearing, increased clearances in specific locations where

electric supply and communication lines cross public roads and streets, provided that

the movement of buildings or other bulky objects thereon is sufficiently frequent to so

warrant.
N.D. Cent. Code § 49-01-14 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-14
49-01-14. When copies of official documents are evidence
Status: in_force

49-01-14. When copies of official documents are evidence

Copies of all official documents and orders filed or deposited according to law in the office of

the commission, certified by a commissioner or by the secretary or assistant secretary of the

commission under its official seal to be true copies of the originals, shall be evidence in like

manner as the originals.
N.D. Cent. Code § 49-11-19.1 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-19.1
49-11-19.1. Blocking or obstructing alternative crossings - Penalty
Status: in_force

49-11-19.1. Blocking or obstructing alternative crossings - Penalty

Any person operating a train who shall block or obstruct a public railroad crossing and who

has the alternative of blocking or obstructing a crossing with active grade crossing traffic control

devices or a crossing without such device shall, where feasible, and subject to the exception set

forth in section 49-11-19, leave open the crossing with active grade crossing control devices.

Any person who violates this section is guilty of an infraction.
N.D. Cent. Code § 49-02-27 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-27
49-02-27. Decommissioning of renewable energy conversion facilities
Status: in_force

49-02-27. Decommissioning of renewable energy conversion facilities

1. The commission shall adopt rules governing the decommissioning of commercial wind

energy conversion facilities. The rules must address:

a. The anticipated life of the project;

b. The estimated decommissioning costs in current dollars;

c. The method and schedule for updating the costs of the decommissioning and

restoration;

d. The method of ensuring that funds will be available for decommissioning and

restoration;

e. The anticipated manner in which the project will be decommissioned and the site

restored; and

f. Present and future natural resource development.

2. The facility owner or operator of a commercial wind energy facility shall record the

location of any portion of underground foundation not removed during

decommissioning with the county recorder in the county in which any such

underground foundation is located.

3. The commission may adopt rules governing the decommissioning of commercial solar

energy conversion facilities.
N.D. Cent. Code § 49-05-06 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-06
49-05-06. Hearing by commission on proposed change of rates
Status: in_force

49-05-06. Hearing by commission on proposed change of rates

1. Whenever a notice or any schedule stating an individual or joint rate, classification,

contract, practice, or rule, increasing or decreasing, or resulting in an increase or

decrease in any rate, is filed with the commission, the commission may suspend by

motion the rate, classification, contract, practice, or rule but the period of suspension

may not extend more than six months beyond the time when it otherwise would go into

effect unless the commission and the utility filing the notice or schedule agree to the

extension. Upon complaint or upon its own initiative without complaint the commission

may order a hearing, upon due notice, concerning the propriety of the rate,

classification, contract, practice, or rule. On such hearing, the commission shall

establish the rates, classifications, contracts, practices, or rules proposed, in whole or

in part, or others in lieu thereof, which it finds to be just and reasonable. At any such

hearing, the burden to show that the increased rate or proposed change of rate,

classification, rule, or practice is just and reasonable is upon the public utility applying

for the increase. All such rates, classifications, contracts, practices, or rules, not

suspended, on the expiration of thirty days from the time of filing with the commission,

or of such lesser time as the commission may grant, become effective rates,

classifications, contracts, practices, or rules, subject to the power of the commission,

after a hearing had on its own motion or upon complaint, to alter or modify the same.

2. Notwithstanding that the commission may suspend a filing and order a hearing, a

public utility may file for interim rate relief as part of its general rate increase

application and filing. If interim rates are requested, the commission shall order that

the interim rate schedule take effect no later than sixty days after the initial filing date

and without a public hearing. The interim rate schedule must be calculated using the

proposed test year cost of capital, rate base, and expenses, except that the schedule

must include:

a. A rate of return on common equity for the public utility equal to that authorized by

the commission in the public utility's most recent rate proceeding;

b. Rate base or expense items the same in nature and kind as those allowed by a

currently effective commission order in the public utility's most recent rate

proceeding; and

c. No change in existing rate design.

3. In ordering an interim rate schedule, the commission may require a bond to secure

any projected refund required by subsection 4. The terms of the bond, including the

amount and surety, are subject to the commission's approval.

4. As ordered by the commission, the utility shall promptly refund to persons entitled

thereto all interim rate amounts collected by the public utility in excess of the final rates

approved by the commission plus reasonable interest at a rate to be determined by the

commission.
N.D. Cent. Code § 49-02-32 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-32
49-02-32. Use of renewable and recycled energy - Economic evaluation
Status: repealed

49-02-32. Use of renewable and recycled energy - Economic evaluation

Repealed by S.L. 2025, ch. 432, § 2.
N.D. Cent. Code § 49-22-16.3 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-16.3
49-22-16.3. Route adjustment before or during construction for gas or liquid transmission line
Status: repealed

49-22-16.3. Route adjustment before or during construction for gas or liquid

transmission line.

Repealed by S.L. 2017, ch. 328, § 27.
N.D. Cent. Code § 49-02-04 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-04
49-02-04. Power of commission to regulate services
Status: in_force

49-02-04. Power of commission to regulate services

Whenever the commission shall find, after hearing, that the rules, regulations, practices,

equipment, appliances, facilities, or service of any public utility, or the methods of manufacture,

distribution, transmission, storage, or supply employed by it are unjust, unreasonable, unsafe,

improper, inadequate, or insufficient, the commission shall determine the just, reasonable, safe,

proper, adequate, or sufficient rules, regulations, practices, equipment, appliances, facilities,

service, or methods to be observed, furnished, constructed, enforced, or employed, and, after

hearing, shall fix the same by its order, rule, or regulation. The commission shall prescribe, after

hearing, rules and regulations for the performance of any service, or the furnishing of any

commodity, of a character furnished or supplied by any public utility. On demand and tender of

rates, such public utility shall furnish such commodity and render such service within the time

and upon the conditions provided in such rules.
N.D. Cent. Code § 49-22.1-18 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-18
49-22.1-18. Hearing - Judicial review
Status: in_force

49-22.1-18. Hearing - Judicial review

Any party aggrieved by the issuance of a certificate of site compatibility or gas or liquid

transmission facility construction permit from the commission, certification of continuing

suitability filed by a utility with the commission, or promulgation of a final order by the

commission, may request a rehearing by the commission. The hearing must be conducted

pursuant to chapter 28-32. There is a right of appeal to the district court from any adverse ruling

by the commission.
N.D. Cent. Code § 49-06-15 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-15
49-06-15. Corrections and revaluation of public utility property
Status: in_force

49-06-15. Corrections and revaluation of public utility property

The commission, upon the making of a valuation, shall:

1. Keep itself informed through its experts and other assistants of all extensions and

improvements or other changes in the conditions and value of the property of the

public utility;

2. Ascertain the value of such extensions, improvements, and changes; and

3. Revise and correct, from time to time, its valuation of such property.
N.D. Cent. Code § 49-11-26 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-26
49-11-26. Landowner may require railroad to build hog-tight fence
Status: in_force

49-11-26. Landowner may require railroad to build hog-tight fence

Every owner or lessee of a tract of land abutting upon any railroad or railway, or through

which any railroad or railway has been or may be constructed, who has built a hog-tight fence

along all sides of such land, except the side abutting against the railroad right of way, may

demand of the owners or operators of such railroad or railway that the right of way adjacent to

such tract of land be enclosed with a hog-tight fence. Upon such demand, such owners or

operators shall erect the hog-tight fence and maintain the same in good repair so long as the

owner of such tract of land shall continue to maintain a hog-tight fence around the other sides of

the enclosure.
N.D. Cent. Code § 49-06-23 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-23
49-06-23. Expenses of valuation or revaluation paid into public utility valuation revolving fund
Status: repealed

49-06-23. Expenses of valuation or revaluation paid into public utility valuation

revolving fund.

Repealed by S.L. 1993, ch. 1, § 35.
N.D. Cent. Code § 49-21-23 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-23
49-21-23. Construction of facilities - Cost recovery
Status: in_force

49-21-23. Construction of facilities - Cost recovery

1. A telecommunications company is not required to construct, modify, or extend

telecommunications facilities at the request or for the use of another

telecommunications company except as required by the federal act.

2. The commission must allow a telecommunications company to recover in advance

from the benefited company or customer any nonrecurring costs incurred at the

request of another telecommunications company, a particular customer, or to comply

with a commission order, including any order issued under section 49-21-10.2, for

construction, modification or extension of the company's network in excess of the

normal course of business and primarily for the benefit of another telecommunications

company or for a particular customer, and not due to any negligence or misconduct on

the part of the company. This subsection does not apply to:

a. Costs incurred to extend or modify a network to provide for interconnection,

collocation, network access, or the sale of unbundled network elements, unless

those costs are identifiable and specific to a particular end-user customer, or

wholesale services to another telecommunications company under the federal

act;

b. Costs incurred to remedy discriminatory or unequal treatment that has been

found to exist by the commission or an arbitrator; or

c. Costs for which some other recovery treatment is specifically provided in federal

or state law.
N.D. Cent. Code § 49-22-23 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-23
49-22-23. Transfer
Status: repealed

49-22-23. Transfer

Repealed by S.L. 1977, ch. 447, § 16.
N.D. Cent. Code § 49-20-15 — ND Code / Title 49 / Chapter 49-20 / Section 49-20-15
49-20-15. Liability of electric companies for inductive interference
Status: in_force

49-20-15. Liability of electric companies for inductive interference

No person owning or operating electric light and power facilities shall be liable, in the

absence of negligent construction or operation of such electric light and power facilities, for

inductive interference caused in communication circuits, and shall not, in the absence of

negligent construction or operation of such electric light and power facilities, be required to bear

any portion of the cost of avoiding, minimizing, or mitigating such inductive interference. The

burden of proof of negligent construction or operation of such electric light and power facilities

shall be upon the person complaining of the inductive interference.
N.D. Cent. Code § 49-01-10 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-10
49-01-10. Assistants - Authority of public service commission to appoint
Status: in_force

49-01-10. Assistants - Authority of public service commission to appoint

The commission may employ stenographers, rate experts, and such other employees as

may be deemed necessary in the discharge of its official duties.
N.D. Cent. Code § 49-22-11 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-11
49-22-11. Approval of a specific transmission facility route within a designated corridor
Status: repealed

49-22-11. Approval of a specific transmission facility route within a designated

corridor.

Repealed by S.L. 1979, ch. 504, § 15.
N.D. Cent. Code § 49-05-10 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-10
49-05-10. Improper action taken by utility - Damages - Who may sue - Recovery
Status: in_force

49-05-10. Improper action taken by utility - Damages - Who may sue - Recovery

In case any public utility shall do, cause to be done, or permit to be done, any act, matter, or

thing prohibited, forbidden, or declared to be unlawful, or shall omit to do any act, matter, or

thing required to be done, either by the constitution, any law of this state, or any order or

decision of the commission, such public utility shall be liable to the persons, corporations, or

limited liability companies affected thereby for all loss, damages, or injury caused thereby or

resulting therefrom. If the court shall find that the act or omission was willful, the court, in

addition to the actual damages, shall award damages for the sake of example and by way of

punishment. An action to recover for such loss, damage, or injury may be brought in any court of

competent jurisdiction by any corporation, limited liability company, or person. No recovery

under this section in any manner shall affect a recovery by the state of the penalties provided in

this title or the power to punish for contempt.
N.D. Cent. Code § 49-11-11 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-11
49-11-11. Crossing other railroad without stopping - Approval of commission
Status: repealed

49-11-11. Crossing other railroad without stopping - Approval of commission

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-23-04 — ND Code / Title 49 / Chapter 49-23 / Section 49-23-04
49-23-04. Excavation
Status: in_force

49-23-04. Excavation

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 excavation notice. The notice must contain:

a. The name, address, and telephone number of the person making the notification;

b. The name, address, and telephone number of the excavator;

c. The date and time when excavation is scheduled to begin;

d. The depth of planned excavation;

e. The type and extent of excavation being planned, including whether the

excavation involves tunneling or horizontal boring;

f. Whether the use of explosives is anticipated and any other information as may be

required by the notification center; and

g. The location of the excavation by any one or more of the following means:

(1) A specific street address;

(2) A reference to a platted lot number of record;

(3) An identifiable roadway or roadway intersection; or

(4) A specific quarter section by section number, range, township, and county.

In this case, the location shall be further described by coordinates measured

in feet from the nearest one-fourth corner or section corner.

2. Unless otherwise exempted, the ticket request must include site identification

information by one or more of the following means: white marking, digital white lining,

project staking, geographic information system shape file, detailed drawing, map, or

other means agreed upon by the parties to the ticket. Site identification under this

subsection is not required if:

a. The precise location of excavation can be clearly and adequately identified on the

location notice and is limited to a single street address or a platted lot number of

record;

b. The precise location of excavation can be clearly and adequately identified on the

location notice and the excavation is an emergency excavation; or

c. Prior to any excavation, the excavator requests and conducts a meeting with the

affected operators at the location of the excavation.

3. A request for location is limited to an area not exceeding three contiguous city blocks

within an urban area or an area of four contiguous quarter sections or five linear miles

[8.05 kilometers] in a rural area.

4. An excavator may begin excavation in a location when the excavator has received

notice that all facilities have been located or cleared or at the expiration of the location

period or extension of the location period.

5. The notification center shall:

a. Provide a toll-free telephone number and assign an inquiry identification number

to each excavation notice and retain a record of all excavation notices received

for at least six years.

b. Immediately transmit the information contained in an excavation notice to every

operator that has an underground facility in the area of the proposed excavation.

c. Inform the persons giving notice of an intent to engage in an excavation activity

the names of participating operators of underground facilities to whom the notice

will be given.

d. Establish procedures for assuring positive response from the affected operator in

all emergency excavation notices.

e. Establish procedures to receive from operators and convey to ticket holders

positive response when operators have located or cleared underground facilities

identified within the area of a location request.

6. a. An operator with underground facilities within the area of a location request shall

locate and mark or otherwise provide the approximate horizontal location of the

underground facilities of the operator within the location period or as agreed by

the parties.

b. For purposes of this section, the approximate horizontal location of the

underground facilities is a strip of land two feet [60.96 centimeters] on either side

of the underground facilities. An operator of a facility required to be locatable is

responsible for the costs of location. If an excavator is unable to locate a facility

within two feet on either side of the operator's facility location markings and

requests assistance from the operator to locate the facility, but the operator fails

to provide the requested assistance within a reasonable time, the operator is

responsible for the excavator's reasonable costs incurred to locate the facility.

This subdivision does not apply to an underground facility to convey water

installed before August 1, 2013.

c. When an operator cannot establish the exact location of the underground facility

to convey water, the operator shall mark the location as accurately as possible

and the excavator may proceed with caution. When excavation operations

approach the estimated location of the underground facility to convey water, the

exact location of the facility must be determined by safe and acceptable means.

The uncovered facility must be supported and protected to prevent damage.

d. Markers used to designate the approximate location of underground facilities

must follow the current color code standard used by the American public works

association.

e. If the operator cannot complete marking of the excavation area before the

excavation commencement time stated in the excavation notice, the operator

shall promptly contact the excavator.

f. After facilities are located by an operator, an excavator shall notify the notification

center if:

(1) The excavator postpones the excavation commencement time stated in the

excavation notice by more than forty-eight hours, or any extension of that

period, or cancels the excavation;

(2) The markings have been obliterated or obscured;

(3) Weather conditions have impeded visibility of the markings;

(4) The site shows evidence of recent excavation; or

(5) The excavator has other reason to believe the markings are incorrect or

missing.

g. An excavator may not use a location more than twenty-one days, or any

extension of that period, after the planned excavation date unless the excavator

has made previous arrangements with the operators affected.

h. If excavation has not occurred within the initial twenty-one days of the locate, the

excavator shall request that the facility be relocated before excavating unless

other arrangements have been made with the underground facility owner. Upon

the third locate request at the same excavation site where no excavation has

occurred after the initial two locates, the excavator is responsible for reasonable

costs associated with relocating facilities in that location. If the issue of whether

excavation has occurred is disputed for purposes of this section, the excavator

bears the burden of proof that excavation has occurred.

i. If a relocate request is made for an area which includes areas where excavation

has been completed, a request for relocate must be modified from the original

locate request to reflect only the area to be excavated during each subsequent

twenty-one-day period, otherwise the excavator is responsible for reasonable

costs associated with relocating facilities in the location.

j. An excavator that makes repeated location requests within the area of a

previously made location request due to the excavator's failure to reasonably

maintain and remove markings under subsection 3 of section 49-23-05 or failure

to follow prudent and careful digging practices required by subsection 5 of section

49-23-05 is responsible for reasonable costs of location and removal if the public

service commission determines the additional location request was caused by the

excavator's failure described in this subdivision.

k. If in the course of excavation the excavator is unable to locate the underground

facility or discovers that the operator of the underground facility has incorrectly

located the underground facility, the excavator shall promptly notify the operator

or, if unknown, the one-call notification center.

l. A facility owner, excavator, or other person may not present or presume that an

underground facility is abandoned, or treat an underground facility as abandoned,

unless the facility has been verified as abandoned by reference to installation

records or by testing. The notification center shall establish a method of providing

personnel from a facility owner qualified to safely inspect and verify whether a

facility is abandoned or inactive if necessary. An inactive facility must be

considered active for purposes of this section.

m. An underground facility owner shall make all new facilities locatable.

n. An operator that has completed marking of the excavation area or has

determined there are no facilities in the area identified in the ticket shall provide

positive response to the notification center in compliance with the notification

center's procedures established under subsection 5 for assuring positive

response from operators.

7. If an excavation is being made in a time of emergency, all reasonable precautions

must be taken to protect the underground facilities. In an emergency, the excavator

shall give notification in compliance with this chapter, as soon as practical, that an

emergency exists. As soon as practical, each operator shall provide all location

information that is reasonably available to the excavator.
N.D. Cent. Code § 49-21.1-05 — ND Code / Title 49 / Chapter 49-21.1 / Section 49-21.1-05
49-21.1-05. Exceptions
Status: in_force

49-21.1-05. Exceptions

This chapter does not apply to:

1. Construction, reconstruction, operation, or maintenance of any high voltage overhead

conductor, supporting structure, or appurtenances for the support or operation of a

high voltage conductor by persons authorized by the owner or operator.

2. Work on telecommunications, coaxial, signaling, and other communication circuits or

their supporting structures, or other circuits and their supporting structures which are

not high voltage.

3. The operation or maintenance of railroad equipment or vehicles on fixed rails or

railroad right of way.

4. Work by any employee of an industrial plant on the electrical system of the plant.

5. Work by any employee of an electrical or communications contractor performed under

the employer's supervision.

6. The operation of highway vehicles, agricultural equipment, or agricultural aircraft which

in normal use may incidentally pass within the ten-foot [3.05-meter] clearance

limitation.

7. Governmental entities responding to an emergency situation.

8. Work by any employee of a surface coal mining company in the course of coal mining

activities.

9. The state and its agencies.
N.D. Cent. Code § 49-21-15 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-15
49-21-15. Physical connections
Status: repealed

49-21-15. Physical connections

Repealed by S.L. 2005, ch. 399, § 9.
N.D. Cent. Code § 49-21.1-03.1 — ND Code / Title 49 / Chapter 49-21.1 / Section 49-21.1-03.1
49-21.1-03.1. Work near high voltage overhead lines - Safety requirements - Notice - Costs
Status: in_force

49-21.1-03.1. Work near high voltage overhead lines - Safety requirements - Notice -

Costs.

If any work is performed within six feet [1.83 meters] of any high voltage overhead line, or if

mechanical equipment or machinery used near high voltage overhead lines is capable of motion

to within ten feet [3.05 meters] of any high voltage overhead line, the person responsible for the

work shall notify the operator of the high voltage overhead line of the intent to work near the

line. The work may be pursued only after the person and the operator of the line have provided

protection for endangered persons by mechanical or insulated barriers, by de-energizing and

grounding the line, or by temporary relocation of the line. The person working near the overhead

line must pay the operator actual expenses necessary to meet the requirements of this chapter,

except that the operator of the line is responsible for the cost if the line was installed closer to an

existing fixture or structure than the minimum clearance required by the latest edition of the

national electrical safety code, as adopted by the public service commission. The operator of

the line need not take the precautions until the person working near the line pays the necessary

expenses. Within five business days after payment of those expenses, or as otherwise agreed

upon in writing by the person responsible for the work, the operator of the line shall complete

the arrangements for protection of endangered persons.
N.D. Cent. Code § 49-25-02 — ND Code / Title 49 / Chapter 49-25 / Section 49-25-02
49-25-02. Limitation on strict liability standard for a qualified utility
Status: in_force

49-25-02. Limitation on strict liability standard for a qualified utility

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.
N.D. Cent. Code § 49-19-15 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-15
49-19-15. Exchange of tonnage by common carrier - Facilities to be maintained for receipt and delivery
Status: in_force

49-19-15. Exchange of tonnage by common carrier - Facilities to be maintained for

receipt and delivery.

Every common pipeline carrier shall exchange crude petroleum tonnage, coal, or gas with

each like common pipeline carrier. The commission shall have the power to require connections

and facilities for the interchange of such tonnage, coal, or gas to be made at every locality

reached by both pipelines whenever the necessity therefor exists and subject to such rates and

regulations as may be made by the commission. Any such common pipeline carrier under like

rules and regulations shall be required to install and maintain facilities for the receipt and

delivery of crude petroleum, coal, or gas of patrons at all points on such pipeline. No carrier

shall be required to receive or transport any crude petroleum, coal, or gas except such as may

be marketable under rules and regulations to be prescribed by the commission.
N.D. Cent. Code § 49-11-31 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-31
49-11-31. Certain sections not applicable within corporate limits
Status: in_force

49-11-31. Certain sections not applicable within corporate limits

The provisions of sections 49-11-24 through 49-11-30 shall not apply to street railways or

the rights of way of railroads within the limits of an incorporated city.
N.D. Cent. Code § 49-06-07 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-07
49-06-07. Failure of utility to file bond - Temporary rates prescribed by commission
Status: in_force

49-06-07. Failure of utility to file bond - Temporary rates prescribed by commission

If, within thirty days after the service of the order, as set forth in section 49-06-06, the public

utility fails, neglects, and refuses to file a bond or undertaking with the commission, then the

commission immediately shall fix, determine, and prescribe temporary rates to be charged by

such public utility pending the final determination of said rate proceeding. The temporary rates,

so fixed, determined, and prescribed shall be sufficient to provide a return of not less than five

percent per annum upon the original cost less accrued depreciation of the physical property of

said public utility used and useful in the public service. If the duly verified reports of said utility to

the commission do not show the original cost, less accrued depreciation, of said property, the

commission may estimate said cost less depreciation and fix, determine, and prescribe rates as

hereinbefore provided. In determining the original cost or in estimating the cost as herein

provided, the commission may take into consideration any report, annual or otherwise, filed with

it by any utility, together with any other fact or information which the commission may acquire or

receive from an investigation of the books, records, or papers of such public utility and from an

inspection of its property, or from the examination of any report, annual or otherwise, made by

the public utility and filed with the state tax commissioner, or any report, annual or otherwise,

made by the said public utility to the federal power commission, federal communications

commission, or federal securities and exchange commission.
N.D. Cent. Code § 49-11-23 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-23
49-11-23. Liability of engineer for failure to sound bell, horn, or whistle of locomotive at crossing
Status: in_force

49-11-23. Liability of engineer for failure to sound bell, horn, or whistle of locomotive

at crossing.

Every locomotive engineer who does not cause a warning device to be sounded as required

by section 49-11-21 shall be guilty of an infraction.
N.D. Cent. Code § 49-11-17 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-17
49-11-17. Railroad crossing over land owned on both sides by one person - Penalty for failure to provide
Status: in_force

49-11-17. Railroad crossing over land owned on both sides by one person - Penalty

for failure to provide.

When any person owns land on both sides of any railroad and contiguous to the railway, the

corporation or individual owning or operating such railway shall make and keep in good repair a

proper cattle guard and causeway or other adequate means of crossing such railway at such

reasonable place as may be designated by the landowner or the landowner's agent, upon at

least ten days' written notice by the commission to the railroad corporation provided an

adequate crossing is not otherwise accessible. The type of all cattle guards required by law to

be constructed in this state before being installed shall be approved by the commission. The

owner or person in possession of the land through which the railroad passes may recover

twenty-five dollars for every thirty days of default on the part of the person or corporation

operating the railroad after at least a ten-day notice served on an officer, roadmaster, or section

foreman of the operating company has designated the place for the erection of the

cattle-guarded crossings or the road crossing, requested and a like penalty for failure to keep

such cattle guards or road crossings in good repair after at least a ten-day written notice has

been served upon the operating company that such repairs are necessary.
N.D. Cent. Code § 49-20-14 — ND Code / Title 49 / Chapter 49-20 / Section 49-20-14
49-20-14. Meter deposits to electric power companies
Status: repealed

49-20-14. Meter deposits to electric power companies

Repealed by S.L. 1983, ch. 514, § 2.
N.D. Cent. Code § 49-16-04 — ND Code / Title 49 / Chapter 49-16 / Section 49-16-04
49-16-04. Assumption of risk
Status: in_force

49-16-04. Assumption of risk

In any action brought against any railroad corporation under or by virtue of any of the

provisions of this chapter to recover damages for injuries to, or death of, any of its employees,

such employee shall not be held to have assumed the risk of the employee's employment in any

case where the violation by such railroad corporation of any state or federal statute enacted for

the safety of employees contributed to the injury or death of such employee.
N.D. Cent. Code § 49-10.1-08 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-08
49-10.1-08. Tampering, altering, or damaging railroad property - Penalty
Status: in_force

49-10.1-08. Tampering, altering, or damaging railroad property - Penalty

Every unauthorized person who unlawfully tampers with, alters, or damages any railroad

track, track mechanism, or signal, semaphore, or sign, or masks any light or signal, or exhibits

any false light or signal with intent to endanger any person or damage property, shall be guilty of

a class C felony.
N.D. Cent. Code § 49-21-02 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-02
49-21-02. Telecommunications companies - Common carriers - Public policy
Status: in_force

49-21-02. Telecommunications companies - Common carriers - Public policy

All persons providing telecommunications service within this state shall be common carriers

and are hereby declared to be affected with a public interest and subject to regulation and

general supervision by the commission. Among the purposes to be served by such regulation

and supervision are:

1. To make available to all people of this state modern and efficient telecommunications

services at the most economic and reasonable cost.

2. To allow the development of competitive markets for telecommunications services

where such competition does not unreasonably distract from the efficient provision of

telecommunications services to the public, and to lessen regulation in whole or in part

of those telecommunications services which become subject to effective competition.

3. To establish and maintain reasonable charges for telecommunications services without

unreasonable discrimination, or unfair or destructive competitive practices.

4. To ensure that regulated charges do not include the costs of unregulated activities.

5. To encourage the establishment and maintenance of a strong telecommunications

industry.
N.D. Cent. Code § 49-19-05 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-05
49-19-05. Percentage of native natural gas to be used
Status: in_force

49-19-05. Percentage of native natural gas to be used

Whenever native natural gas is produced in this state in commercial quantities, any person

having a franchise to furnish gas to the public, which franchise is dated after March 9, 1933,

shall use fifty percent, or its equivalent, of native natural gas as developed if the source thereof

is located not more than six miles [9.66 kilometers] from any established gas pipeline.
N.D. Cent. Code § 49-05-02 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-02
49-05-02. Right to make certain complaints limited
Status: in_force

49-05-02. Right to make certain complaints limited

No complaint as to the reasonableness of any rates or charges of any heat, gas, electrical,

water, or telecommunications utility shall be entertained by the commission except when made

upon its own motion, unless the same is signed by the governing body of the county or city, if

any, within which the alleged violation occurred, or by not less than ten percent of the

consumers or purchasers of such heat, gas, electrical, water, or telecommunications service.
N.D. Cent. Code § 49-16-11 — ND Code / Title 49 / Chapter 49-16 / Section 49-16-11
49-16-11. Liability of owner or operator of railroad limited
Status: repealed

49-16-11. Liability of owner or operator of railroad limited

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-22.1-05 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-05
49-22.1-05. Waiver of procedures and time schedules
Status: in_force

49-22.1-05. Waiver of procedures and time schedules

Any utility that proposes to construct a gas or liquid energy conversion facility or a gas or

liquid transmission facility within the state may make an application to the commission for a

waiver of any of the procedures or time schedules set forth in this chapter or in the rules

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

a 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 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 § 49-03.1-08 — ND Code / Title 49 / Chapter 49-03.1 / Section 49-03.1-08
49-03.1-08. Complaint upon violation of chapter
Status: in_force

49-03.1-08. Complaint upon violation of chapter

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,

corporation, limited liability company, or person may file a complaint with the commission. The

commission thereupon, or upon its own motion without complaint, with or without notice, may

order the public utility complained of to cease and desist the construction, operation, or other

prohibited activity until further order of the commission. Upon hearing, after due notice, the

commission shall order enforcement of this section with respect to the offending public utility

and prescribe just and reasonable terms and conditions.
N.D. Cent. Code § 49-10.1-19 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-19
49-10.1-19. Critical incident stress debriefing policy
Status: in_force

49-10.1-19. Critical incident stress debriefing policy

Each railroad corporation shall develop a written critical incident stress debriefing policy.

The railroad corporation shall keep a copy of the policy posted in a conspicuous place on an

area of its premises commonly frequented by its employees. Penalties for a violation of this

section are limited to those allowed in section 49-07-01.1.
N.D. Cent. Code § 49-05-09 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-09
49-05-09. Decisions of commission - Rescission or amendment
Status: in_force

49-05-09. Decisions of commission - Rescission or amendment

The commission, at any time, upon due notice to the public utility affected and after

opportunity to be heard as provided in the case of complaints, may rescind, alter, or amend any

decision made by it. Any order rescinding, altering, or amending a prior order or decision, when

served upon the public utility affected, shall have the same effect as an original order or

decision.
N.D. Cent. Code § 49-17.1-04 — ND Code / Title 49 / Chapter 49-17.1 / Section 49-17.1-04
49-17.1-04. Use of public and private funds - Public service commission participation
Status: in_force

49-17.1-04. Use of public and private funds - Public service commission participation

The department, with the cooperation of the commission, may utilize public and private

funds appropriated by the legislative assembly in carrying out the purpose of this chapter. The

department shall cooperate with the commission and with other states in the reorganization or

reopening of any railway line which may have been abandoned by any railway corporation

providing railway services within the state. In carrying out the authority conferred by this section,

the department may enter into agreements, contracts, or other arrangements with the necessary

parties to accomplish the purposes of this chapter.
N.D. Cent. Code § 49-02-17 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-17
49-02-17. Unreasonable rates, rules, and practices affecting interstate commerce
Status: in_force

49-02-17. Unreasonable rates, rules, and practices affecting interstate commerce

Whenever it shall come to the knowledge of the commission, either from its own

investigation or by complaint made to it in any manner whatsoever, that the rates charged by

any public utility including any common carrier on interstate business are unjust or

unreasonable or that the rates, rules, or practices of such utility:

1. Discriminate unjustly against the citizens, industries, or interests of this state;

2. Place any of the citizens, industries, or interests of this state at an unreasonable

disadvantage as compared with those of other states; or

3. Are levied, laid, or otherwise in violation of federal law, rulings, orders, or regulations,

the commission immediately shall call such facts to the attention of the officials of such public

utility and urge upon them the propriety of changing such rates, rules, or practices.
N.D. Cent. Code § 49-05-13 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-13
49-05-13. Suspension of order on appeal only by order of court
Status: repealed

49-05-13. Suspension of order on appeal only by order of court

Repealed by omission from this code.
N.D. Cent. Code § 49-06-24 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-24
49-06-24. When electric rates not to be increased
Status: in_force

49-06-24. When electric rates not to be increased

The commission may not increase electric rates as a result of actions taken by other states

requiring higher cost resources to be built, purchased, or otherwise acquired as a result of the

application of quantified environmental externality values, as defined in section 49-02-23, as

part of any resource selection process.
N.D. Cent. Code § 49-21-10.1 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-10.1
49-21-10.1. Excessive charges - Refunds
Status: in_force

49-21-10.1. Excessive charges - Refunds

When complaint has been made to the commission or by the commission on its own motion

concerning any price for a telecommunications service, and the commission has found, upon a

hearing after notice given as required by law, that the telecommunications company has

charged for such service a price in excess of the price permitted under section 49-21-01.3, has

discriminated unreasonably, or has otherwise violated a statute, rule, or order, the commission

may order that the telecommunications company make due refunds or reparations, with interest

from a date not earlier than two years from when the complaint was filed.
N.D. Cent. Code § 49-02-01.2 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-01.2
49-02-01.2. Pipeline safety - Public service commission jurisdiction - Hazardous facility orders
Status: in_force

49-02-01.2. Pipeline safety - Public service commission jurisdiction - Hazardous

facility orders.

1. The commission, by rule, may establish and enforce minimum safety standards for the

design, construction, and operation of gas distribution facilities and intrastate pipeline

facilities used for the distribution and intrastate transportation of gas, liquefied natural

gas, or hazardous liquids, regardless of whether they are owned or operated by a

public utility, in order to ensure the reasonable safety thereof. Any rule issued under

this section affecting the design, installation, construction, initial inspection, and initial

testing is not applicable to pipeline facilities in existence on the date such rule is

adopted. Such rules may not be more stringent than the corresponding federal

regulations applicable to interstate pipelines and related facilities.

2. If the commission determines that a pipeline facility is hazardous to life or property, it

may issue an order requiring the operator of the facility to take corrective action. The

commission may issue such an order without notice and opportunity for hearing if the

commission determines that to do otherwise would result in the likelihood of serious

harm to life or property. The commission shall include in such an order an opportunity

for hearing as soon as practicable after issuance of the order.
N.D. Cent. Code § 49-03.1-07 — ND Code / Title 49 / Chapter 49-03.1 / Section 49-03.1-07
49-03.1-07. Replacement or renewal of franchise - Certificate of public convenience and necessity not necessary
Status: in_force

49-03.1-07. Replacement or renewal of franchise - Certificate of public convenience

and necessity not necessary.

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

expiring or expired franchise.
N.D. Cent. Code § 49-05-11 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-11
49-05-11. Orders issued by commission - Period remaining in force
Status: in_force

49-05-11. Orders issued by commission - Period remaining in force

Every order entered by the commission shall continue in force until the expiration of the

time, if any, named by the commission in such order or until revoked or modified by the

commission, unless the same is suspended, modified, or revoked by order or decree of a court

of competent jurisdiction.
N.D. Cent. Code § 49-21-22.1 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-22.1
49-21-22.1. Regulatory reform review commission - Appointments - Compensation - Report to legislative council
Status: in_force

49-21-22.1. Regulatory reform review commission - Appointments - Compensation -

Report to legislative council.

Expired under S.L. 1995, ch. 453, § 2.
N.D. Cent. Code § 49-19-24 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-24
49-19-24. Individuals guilty of discrimination - Penalty
Status: repealed

49-19-24. Individuals guilty of discrimination - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 49-09.1-02 — ND Code / Title 49 / Chapter 49-09.1 / Section 49-09.1-02
49-09.1-02. Right of utilities to cross over or under railroad right of way
Status: in_force

49-09.1-02. Right of utilities to cross over or under railroad right of way

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

facilities is outside the public right of way.
N.D. Cent. Code § 49-22-20 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-20
49-22-20. Revocation or suspension of certificate or permit
Status: in_force

49-22-20. Revocation or suspension of certificate or permit

A certificate of site compatibility or permit for the construction of an electric transmission

facility may be revoked or suspended for:

1. Any material false statement in the application or in accompanying statements or

studies required of the applicant.

2. Failure to comply with the certificate or permit or any terms, conditions, or

modifications contained therein.

3. Violation of the provisions of this chapter or rules or regulations issued pursuant to this

chapter by the commission.

4. A determination by a district court pursuant to section 49-22-16.1.
N.D. Cent. Code § 49-06-19 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-19
49-06-19. Additional costs to be paid - Refund
Status: repealed

49-06-19. Additional costs to be paid - Refund

Repealed by S.L. 1993, ch. 1, § 35.
N.D. Cent. Code § 49-22.1-03 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-03
49-22.1-03. Exclusion and avoidance areas - Criteria
Status: in_force

49-22.1-03. Exclusion and avoidance areas - Criteria

The commission shall develop criteria to be used in identifying exclusion and avoidance

areas and to guide the site, corridor, and route suitability evaluation and designation process.

Except for oil and gas transmission lines in existence before July 1, 1983, areas within five

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. The criteria also may include an identification of impacts and

policies or practices which may be considered in the evaluation and designation process.
N.D. Cent. Code § 49-22-05 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-05
49-22-05. Inventory of potential sites - Criteria - Public hearings
Status: repealed

49-22-05. Inventory of potential sites - Criteria - Public hearings

Repealed by S.L. 1977, ch. 447, § 16.
N.D. Cent. Code § 49-10.1-14 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-14
49-10.1-14. Commission may adopt and enforce safety rules - Investigation and surveillance records - Railroads - Exempt
Status: in_force

49-10.1-14. Commission may adopt and enforce safety rules - Investigation and

surveillance records - Railroads - Exempt.

1. The commission, for the protection of persons and property, may adopt and enforce

railroad safety rules not inconsistent with any federal agency having jurisdiction over

railroads. The commission may adopt rules more stringent than federal rules when

necessary to eliminate an essentially state or local safety hazard if the rules are not

incompatible with any federal law or rule and do not create an undue burden on

interstate commerce.

2. A record and portion of a meeting related to the ongoing railroad investigation and

surveillance activities of the national transportation safety board and federal railroad

administration state safety participation program is an exempt record as defined under

section 44-04-17.1.
N.D. Cent. Code § 49-05-01 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-01
49-05-01. Who may make a complaint
Status: in_force

49-05-01. Who may make a complaint

Complaint may be made by the commission on its own motion, or by any person or

association, by petition or complaint in writing, setting forth any fact or thing done or omitted to

be done by any public utility, including any rule, regulation, or rate established or fixed by or for

any public utility, in violation or claimed violation of any provision of law or any order or rule of

the commission.
N.D. Cent. Code § 49-11-01 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-01
49-11-01. Obstruction of crossing by railroad - Provision for temporary way
Status: in_force

49-11-01. Obstruction of crossing by railroad - Provision for temporary way

Every railroad corporation while engaged in raising or lowering any railroad track or in

making any other alterations, by means of which a railroad crossing may be obstructed, shall

provide and keep in good order a suitable temporary way and crossing with adequate protection

to enable travelers to avoid or pass such obstruction.
N.D. Cent. Code § 49-06-16 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-16
49-06-16. Additional hearings of commission
Status: in_force

49-06-16. Additional hearings of commission

The commission from time to time may cause any further hearing and investigation to be

had for the purpose of making a revaluation or ascertaining the value of any betterments,

improvements, additions, or extensions made by a public utility subsequent to any hearing or

investigation, and may examine into all matters which may change, modify, or affect any findings

of fact previously made and at such time may make findings of fact supplementary to those

theretofore made. Such a hearing shall be had upon the same notice and shall be conducted in

the same manner as an original hearing. Any supplementary finding shall have the same force

and effect as an original finding, and shall be considered in connection with the original findings

and, so far as may be necessary, as a modification thereof.
N.D. Cent. Code § 49-09-04.1 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-04.1
49-09-04.1. Abandonment of railway lines - Public service commission authority - Trust agreement - Term - Reversion of property
Status: repealed

49-09-04.1. Abandonment of railway lines - Public service commission authority -

Trust agreement - Term - Reversion of property.

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-20-08 — ND Code / Title 49 / Chapter 49-20 / Section 49-20-08
49-20-08. Municipalities - Complaints - Hearings
Status: in_force

49-20-08. Municipalities - Complaints - Hearings

Any municipality of the state shall have the right to file a complaint with the commission to

enforce the provisions of this chapter. The commission shall hold a public hearing whenever any

such municipality shall file written complaint and set forth facts which require action on the part

of the commission in order to avoid or mitigate electrical interference from electrical supply lines

or for the purpose of avoiding or minimizing the hazard of injury to persons or property by

reason of the close association or proximity of signal lines with electrical supply lines.
N.D. Cent. Code § 49-02-08 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-08
49-02-08. Testing meters - Gas - Electric
Status: in_force

49-02-08. Testing meters - Gas - Electric

The commission shall test, request a public utility to test, or use a third party to test meters

of public utilities used:

1. To measure the amount of electric current passing through such meters to consumers.

2. To measure the amount of gas passing through such meters for the use of its

customers.

3. To determine the British thermal unit content of natural or artificial gas distributed by

public utilities in this state.
N.D. Cent. Code § 49-01-04 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-04
49-01-04. Offices of public service commission
Status: in_force

49-01-04. Offices of public service commission

The commissioners shall keep their office at the seat of government and shall be provided

with a suitable room, necessary office furniture, stationery, books, and maps, the expense

thereof to be paid out of the state treasury pursuant to the appropriation for such purpose.
N.D. Cent. Code § 49-21-04 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-04
49-21-04. Price schedules filed with the commission
Status: in_force

49-21-04. Price schedules filed with the commission

Each telecommunications company shall file with the commission in the form and detail as

the commission may require, subject to considerations for maintaining trade secrets or

commercial confidentiality:

1. Schedules showing all prices for essential services, including those prices set by

contract and the individual unbundled or unpackaged price of any essential service, in

effect at the time for any essential telecommunications service rendered by the

telecommunications company within this state;

2. All rules that in any manner affect the prices charged or to be charged for essential

service; and

3. All new prices and any price increases of essential services at least twenty days

before the effective date of the new price or price increase, unless the commission

upon application and for good cause allows a lesser time. A price or price change is

not effective until filed in accordance with this chapter.
N.D. Cent. Code § 49-02-03.1 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-03.1
49-02-03.1. Power to fix special rates - Public service commission
Status: repealed

49-02-03.1. Power to fix special rates - Public service commission

Repealed by S.L. 1963, ch. 322, § 2.
N.D. Cent. Code § 49-11-10 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-10
49-11-10. Crossings of another railroad - Drawbridges - Stopping of trains
Status: repealed

49-11-10. Crossings of another railroad - Drawbridges - Stopping of trains

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-09-06 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-06
49-09-06. Petition for right of way over land of decedent or ward
Status: repealed

49-09-06. Petition for right of way over land of decedent or ward

Repealed by S.L. 1973, ch. 257, § 82.
N.D. Cent. Code § 49-22-15 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-15
49-22-15. Public participation - Meetings - Records
Status: repealed

49-22-15. Public participation - Meetings - Records

Repealed by S.L. 1979, ch. 504, § 15.
N.D. Cent. Code § 49-02-05.1 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-05.1
49-02-05.1. Power to fix terms by which the facilities of one utility may cross those of another utility
Status: in_force

49-02-05.1. Power to fix terms by which the facilities of one utility may cross those of

another utility.

Whenever public convenience and necessity requires that an electric or telecommunications

distribution or transmission line, pipeline, or railroad track of any public utility cross a line or

track of another public utility and the public utilities have failed to agree upon the terms and

conditions or compensation for the same, the commission, after notice and hearing, may

prescribe reasonable terms, conditions, and compensation under which the crossing shall be

permitted.
N.D. Cent. Code § 49-22-14.1 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-14.1
49-22-14.1. Cooperation with state and federal agencies
Status: in_force

49-22-14.1. Cooperation with state and federal agencies

The commission may, and is encouraged to, cooperate with and receive and exchange

technical information and assistance from and with any department, agency, or officer of any

state or of the federal government to eliminate duplication of effort, to establish a common

database, or for any other purpose relating to the provisions of this chapter and in furtherance of

the statement of policy contained herein.
N.D. Cent. Code § 49-09-13 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-13
49-09-13. Conditional sale contract - Filing - Marking property
Status: repealed

49-09-13. Conditional sale contract - Filing - Marking property

Repealed by S.L. 1965, ch. 296, § 32.
N.D. Cent. Code § 49-07-01.1 — ND Code / Title 49 / Chapter 49-07 / Section 49-07-01.1
49-07-01.1. Violation of statute, commission order, or commission rule - Assessment of civil penalty
Status: in_force

49-07-01.1. Violation of statute, commission order, or commission rule - Assessment

of civil penalty.

Any person who violates any statute, commission order, or commission rule which applies

to matters within the authority of the commission under chapters 8-08, 8-09, 8-10, and 24-09,

titles 60 and 64, and title 49 except for chapters 49-22, 49-22.1, and 49-23, in addition to any

other penalty provided, is subject to a civil penalty of not to exceed five thousand dollars. A

violation occurring under chapter 49-23, in addition to any other penalty, is subject to a civil

penalty not to exceed twenty-five thousand dollars. The commission shall develop policies for

the assessment of penalties under chapter 49-23 which will take into consideration the severity

of damages and the conduct of the offender. The civil penalty may be compromised by the

commission. The amount of the penalty when finally determined or agreed upon in compromise,

if not paid, may be recovered in a civil action in the courts of this state.
N.D. Cent. Code § 49-04-02.1 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-02.1
49-04-02.1. Customer deposits - Interest
Status: in_force

49-04-02.1. Customer deposits - Interest

A public utility may require from a customer a deposit for service in accordance with

commission rules. A public utility shall pay interest on all customer deposits for service held by

such utility at a rate to be determined by the commission.
N.D. Cent. Code § 49-06-04 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-04
49-06-04. Fair market price to be allowed in fixing valuations
Status: in_force

49-06-04. Fair market price to be allowed in fixing valuations

The commission, in determining the rates to be charged by any utility under its jurisdiction,

shall ascertain whether an advanced or fictitious cost price, or a price in excess of the fair

market value of any commodity, machinery, equipment, material, or service has been paid or is

being paid or charged, by the public utility. If it shall appear that any such fictitious or advanced

price has been or is being paid or charged, the commission shall fix and allow as a part of the

valuation or rate basis only the reasonable and fair market price of such items, at the time of the

purchase, eliminating all such fictitious or excessive prices or values.
N.D. Cent. Code § 49-11-08 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-08
49-11-08. Making intersecting railroad crossing - No delay if bond filed
Status: in_force

49-11-08. Making intersecting railroad crossing - No delay if bond filed

The making of an intersecting railroad crossing by a railroad corporation constructing a new

railroad shall not be hindered, delayed, nor prevented pending the ascertainment and

determination of the compensation to be paid the affected railroad, if said railroad corporation

proposing to make such crossing shall execute and file a bond with the clerk of the district court

in which such proceedings are pending in such amount as the judge of said court may order,

conditioned that the railroad corporation executing the same shall pay whatever amount may be

ascertained and determined and shall abide any judgment or order of the court made in relation

to the matter in controversy. The amount of the bond and the sufficiency of the sureties shall be

approved by said judge, but no corporation which shall have obtained the right of way and

constructed its road at the point of intersection before the commencement of an action under

the provisions of the chapter on eminent domain shall be required to alter the grade or change

the location of its road or be required to bear any part of the expense of making and maintaining

such crossing.
N.D. Cent. Code § 49-09-11.1 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-11.1
49-09-11.1. Negotiations for reopening of railway line - Railroad intending to abandon line
Status: repealed

49-09-11.1. Negotiations for reopening of railway line - Railroad intending to abandon

line.

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-21-22 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-22
49-21-22. Regulatory reform review commission - Appointments - Compensation - Report to legislative council
Status: repealed

49-21-22. Regulatory reform review commission - Appointments - Compensation -

Report to legislative council.

Repealed by S.L. 1991, ch. 600, § 17.
N.D. Cent. Code § 49-11-05 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-05
49-11-05. Railroad to maintain sufficient highway crossings
Status: repealed

49-11-05. Railroad to maintain sufficient highway crossings

Repealed by S.L. 1993, ch. 278, § 2.
N.D. Cent. Code § 49-09-03 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-03
49-09-03. How right of way obtained from board of university and school lands
Status: in_force

49-09-03. How right of way obtained from board of university and school lands

Any railway company desiring to secure the benefits of section 49-09-01, within ninety days

after the definite location of its road across any section of such lands, shall file in the office of

the board of university and school lands a plat of such section of land, showing the location of

such road through the same and all stations located thereon. Thereafter all such lands over

which such roads shall pass shall be disposed of subject to such grant and every certificate or

patent for such lands thereafter sold shall contain an express reservation to the use of such

corporation of all lands which it shall have appropriated in accordance with the provisions of this

chapter. If such road shall not be completed across any such section within five years after the

location of the same thereon, the rights herein granted shall be forfeited as to such section.
N.D. Cent. Code § 49-22.1-23 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-23
49-22.1-23. Approval for temporary operation or variance
Status: in_force

49-22.1-23. Approval for temporary operation or variance

1. The commission may approve temporary operation of facilities or a temporary variance

from approved construction, operation, or maintenance of facilities upon a showing of

good cause and receipt of a utility certification that the activities will have no adverse

impacts upon the welfare of the citizens of this state or the environment.

2. The commission may issue a temporary approval or variance without the necessity of

notice, publication, or public hearing with any additional terms, conditions, or

modifications deemed necessary to minimize impacts.
N.D. Cent. Code § 49-03.1-09 — ND Code / Title 49 / Chapter 49-03.1 / Section 49-03.1-09
49-03.1-09. Registration of telecommunications companies that are not incumbent telecommunications companies - Penalty
Status: in_force

49-03.1-09. Registration of telecommunications companies that are not incumbent

telecommunications companies - Penalty.

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 in a form satisfactory to the commission.

2. Registration must include, at a minimum, the following information, updated within

fifteen days after any change:

a. The company's name, complete address, and telephone number;

b. All names under which the company does business;

c. All names under which the company has registered with the secretary of state;

d. The company's secretary of state system identification number;

e. The name, title, address, and telephone number of an authorized representative

to whom the commission may make inquiries;

f. A toll-free telephone number to which consumer inquiries or complaints may be

made; and

g. Whether the company has ever had its authority to provide service revoked, and

if so, the date and jurisdiction of revocation.

3. As part of the registration process, the commission may require by rule the posting of

a surety bond in an amount determined by the commission. In addition to any other

penalties provided by law, a violation of this subsection or any rule or order under this

subsection is a class C felony if the accumulated customer loss resulting from a

violation is greater than five thousand dollars.

4. The commission may revoke a company's registration, after notice and hearing under

chapter 28-32, for violation of any law, rule, or order of the commission.

5. A company's registration is void if the company is voluntarily dissolved, involuntarily

dissolved, or forfeits its authority to transact business under state law. The registration

of a company that is involuntarily dissolved or that forfeits its authority to transact

business is void effective with the effective date of involuntary dissolution under

subsection 7 of section 10-19.1-146 or forfeiture under subsection 8 of section

10-19.1-146.

6. 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 has not

complied with this section and is requiring that customers pay for service in advance of

receiving that service. The cease and desist order must be:

a. Directed against the telecommunications company's advance payment

requirements, 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.

7. Subsections 3 through 6 do not apply to a facilities-based company providing

commercial mobile radio service, as defined in title 47, Code of Federal Regulations,

part 20, section 20.3.
N.D. Cent. Code § 49-21-01.7 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-01.7
49-21-01.7. Powers in general
Status: in_force

49-21-01.7. Powers in general

The commission has the power to:

1. Investigate all methods and practices of telecommunications companies.

2. Require telecommunications companies to conform to the laws of this state and to all

rules, regulations, and orders of the commission not contrary to law.

3. Require reports as to rates, prices, and terms and conditions of service in effect and

used by the company, and all other information deemed relevant and necessary by the

commission in the exercise of its authority.

4. Compel obedience to its lawful orders by proceedings of mandamus or injunction or

other proceedings, in the name of the state, in any court having jurisdiction of the

parties or of the subject matter.

5. Hold hearings on good cause being shown, upon notice and subject to the provisions

of chapter 28-32.

6. Employ and fix the compensation of experts, engineers, auditors, attorneys, and other

such assistance for complaints, investigations, and other proceedings relating to

telecommunications companies. The expense of any hearings, and the compensation

and actual expenses of any employees of the commission while engaged upon any

such hearings must be paid by the telecommunications company involved in such

hearings. The commission shall ascertain the exact cost and expenditure and render a

bill for payment. The bill must be delivered by electronic or paper mail or personal

delivery to the managing officer of the telecommunications company. Upon receipt of

the bill for payment, the telecommunications company has thirty days within which to

pay the amount billed. All amounts not paid within thirty days after receipt of the bill

thereafter draw interest at the rate of six percent per annum. If the telecommunications

company disputes the amount of the bill, the company shall request a hearing.

Amounts collected by the commission under this subsection must be deposited in a

special account within the public service commission.

7. Act upon an application for a certificate of public convenience and necessity under

chapter 49-03.1 consistent with section 253 of the federal act, provided a

telecommunications company is not required to obtain a certificate of public

convenience and necessity to resell telecommunications services.

8. Mediate or arbitrate agreements for interconnection, services, or network elements

under sections 251 and 252 of the federal act.

9. Approve or reject agreements for interconnection, services, or network elements under

sections 251 and 252 of the federal act.

10. Receive and approve or reject a statement of generally available terms under section

252(f) of the federal act.

11. Determine whether to terminate a rural telephone company's exemption under section

251(f) of the federal act.

12. Designate telecommunications companies as eligible telecommunications carriers to

receive universal service support under sections 214 and 254 of the federal act.

13. Designate geographic service areas for the purpose of determining universal service

obligations and support mechanisms under the federal act.

14. Investigate and resolve numbering issues relating to assignment of NII dialing codes

and resolve numbering resource conservation administration and area code

assignment issues in accordance with the federal communications commission's

numbering resource orders. The commission's jurisdiction with regard to numbering

resource conservation administration is limited to those prefixes that are unassigned

on January 1, 2005.

15. Adopt rules consistent with state law as are necessary to carry out the powers in

subsections 7 through 13 provided the rules may not impose obligations on a

telecommunications company that are greater than obligations imposed under the act.

16. Grant suspensions or modifications under section 251(f) of the federal act.
N.D. Cent. Code § 49-21.1-03 — ND Code / Title 49 / Chapter 49-21.1 / Section 49-21.1-03
49-21.1-03. Warning sign required on equipment
Status: in_force

49-21.1-03. Warning sign required on equipment

No person shall operate any crane, derrick, power shovel, drilling rig, hoisting equipment, or

similar apparatus, any part of which is capable of lateral or swinging motion, unless there is

posted and maintained in plain view of the operator thereof, a durable warning sign legible at

twelve feet [3.66 meters] which reads: "Unlawful to operate this equipment within ten feet [3.05

meters] of high voltage lines". Each day's failure to post or maintain such signs shall constitute a

separate violation.
N.D. Cent. Code § 49-02-18 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-18
49-02-18. Failure of utility to adjust rates - Action by public service commission
Status: in_force

49-02-18. Failure of utility to adjust rates - Action by public service commission

Whenever discriminatory, unreasonable, or unjust, rates, rules, or practices on interstate

business are not changed or adjusted so as to remove or remedy the discrimination,

unreasonableness, or unjustness, within a reasonable time, the commission shall take the

action necessary in an appropriate proceeding to obtain relief from such rates, rules, or

practices. If the commission deems it necessary, the attorney general, with such other

assistance as may be provided by law, shall prosecute any charge growing out of any such

discrimination.
N.D. Cent. Code § 49-22-21 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-21
49-22-21. Penalties
Status: in_force

49-22-21. Penalties

1. Any person required by this chapter to have a certificate or permit who willfully begins

construction of an electric energy conversion facility or electric transmission facility

without previously securing a certificate or permit as prescribed by this chapter, or who

willfully constructs, operates, or maintains an electric energy conversion facility or

electric transmission facility other than in compliance with the certificate or permit and

any terms, conditions, and modifications contained therein is guilty of a class A

misdemeanor.

2. Any person who willfully violates any regulation issued or approved pursuant to this

chapter or who willfully falsifies, tampers with, or renders inaccurate any monitoring

device or method required to be maintained under this chapter shall be guilty of a

class A misdemeanor.

3. Any person who willfully engages in any of the following conduct is subject to a civil

penalty of not to exceed ten thousand dollars for each such violation for each day the

violations persist, except that the maximum penalty may not exceed two hundred

thousand dollars for any related series of violations:

a. Begins construction of an electric energy conversion facility or an electric

transmission facility without having been issued a certificate or permit pursuant to

this chapter.

b. Constructs, operates, or maintains an electric energy conversion facility or an

electric transmission facility other than in compliance with the certificate or permit

and any terms, conditions, or modifications contained therein.

c. Violates any provision of this chapter or any rule adopted by the commission

pursuant to this chapter.

d. Falsifies, tampers with, or renders inaccurate any monitoring device or method

required to be maintained pursuant to a certificate or permit issued pursuant to

this chapter.

The civil penalty provided for in this subsection may be compromised by the

commission. The amount of the penalty when finally determined or agreed upon in

compromise must be deposited in the general fund and, if not paid, may be recovered

in a civil action in the courts of the state.

4. Notwithstanding any other provision of this chapter, the commission, by injunctive

procedures, without bond or other undertaking, may proceed against any person who

willfully engages in any conduct described in subsection 3. No liability shall accrue to

the commission or its authorized representative in proceeding against any person

pursuant to this section.
N.D. Cent. Code § 49-17.1-01 — ND Code / Title 49 / Chapter 49-17.1 / Section 49-17.1-01
49-17.1-01. Definitions
Status: in_force

49-17.1-01. Definitions

1. "Commission" means the public service commission.

2. "Department" means the department of transportation of this state as provided in

section 24-02-01.1.
N.D. Cent. Code § 49-02-20 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-20
49-02-20. Notice to be given before special rate fixed
Status: repealed

49-02-20. Notice to be given before special rate fixed

Repealed by S.L. 1963, ch. 322, § 2.
N.D. Cent. Code § 49-04-08 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-08
49-04-08. Certain discriminations allowed
Status: repealed

49-04-08. Certain discriminations allowed

Repealed by S.L. 2025, ch. 433, § 2.
N.D. Cent. Code § 49-22-16.5 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-16.5
49-22-16.5. Route adjustment before or during construction for an electric transmission line
Status: in_force

49-22-16.5. Route adjustment before or during construction for an electric

transmission line.

1. Before or during construction, a utility, without any action by the commission, may

adjust the route of an electric transmission line within the designated corridor if, before

conducting any construction activities associated with the adjustment, the utility files

with the commission certification and supporting documentation that:

a. The construction activities will be within the designated corridor;

b. The construction activities will not affect any known exclusion or avoidance areas

within the designated corridor; and

c. The utility will comply with the commission's order, laws, and rules designating

the corridor and designating the route.

2. Before or during construction, a utility may adjust the route of an electric transmission

line within the designated corridor which may affect an avoidance area if, before

conducting any construction activities associated with the adjustment, the utility:

a. Files with the commission certification and supporting documentation that:

(1) The construction activities are within the designated corridor;

(2) The construction activities will not affect any known exclusion areas within

the designated corridor;

(3) The construction activities are expected to impact an avoidance area with a

specific description of the avoidance area expected to be impacted;

(4) Each owner of real property on which the adjustment is to be located and

any applicable governmental entity with an interest in the same adjustment

area do not oppose the adjustment, unless the utility previously received

authorization from the commission for the impact to the avoidance area;

(5) For an impact for which the utility does not already have approval or has not

filed the approval in paragraph 4, the utility has good cause and a specific

reason to impact the avoidance area, and a reasonable alternative does not

exist; and

(6) The utility will comply with the commission's order, laws, and rules

designating the corridor and designating the route.

b. Receives the commission's written authorization that the utility may impact the

avoidance area. If the commission does not authorize the impact to the

avoidance area, the utility must obtain siting authority for the affected portion of

the route adjustment. If the commission fails to act within ten working days of

receipt of the utility's filing of the certification and supporting documentation under

subdivision a of subsection 2, the route adjustment is deemed approved.

3. Before or during construction, a utility, without any action by the commission, may

adjust the route of an electric transmission line outside the designated corridor if,

before conducting any construction activities associated with the adjustment, the utility:

a. Files with the commission certification and supporting documentation that:

(1) The construction activities will not affect any known exclusion or avoidance

areas;

(2) The route outside the corridor is no longer than one and one-half miles

[2.41 kilometers];

(3) The utility will comply with the commission's orders, laws, and rules

designating the corridor and designating the route; and

(4) Each owner of real property on which the adjustment is to be located and

any applicable governmental entity with an interest in the same adjustment

area do not oppose the adjustment.

b. Files detailed field studies indicating exclusion and avoidance areas for an area

encompassing the route outside the designated corridor equal to the length of the

adjustment of the proposed corridor.

4. Before or during construction, a utility may adjust the electric transmission line outside

the designated corridor that may affect an avoidance area if, before conducting any

construction activities associated with the adjustment, the utility:

a. Files with the commission certification and supporting documentation that:

(1) The construction activities will not affect any known exclusion areas;

(2) The construction activities are expected to impact an avoidance area with a

specific description of the avoidance area expected to be impacted;

(3) The utility has good cause and a specific reason to impact the avoidance

area, and a reasonable alternative does not exist;

(4) The route outside the corridor is no longer than one and one-half miles

[2.41 kilometers];

(5) The utility will comply with the commission's orders, laws, and rules

designating the corridor and designating the route; and

(6) Each owner of real property on which the adjustment is to be located and

any applicable governmental entity with an interest in the same adjustment

area do not oppose the adjustment.

b. Files detailed field studies indicating exclusion and avoidance areas for an area

encompassing the route outside the designated corridor equal to the length of the

adjustment of the proposed corridor.

c. Receives the commission's written authorization that the utility may impact the

avoidance area. If the commission does not authorize the impact to the

avoidance area, the utility must obtain siting authority for the affected portion of

the route adjustment. If the commission fails to act within ten working days of

receipt of the utility's filing of the certification and supporting documentation under

subdivisions a and b of subsection 4, the route adjustment is deemed approved.

5. The commission is not required to hold a public hearing or publish a notice of

opportunity for a public hearing for any route adjustment under this section.
N.D. Cent. Code § 49-09-11.2 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-11.2
49-09-11.2. Negotiations for reopening of railway line - Railroad abandoning line
Status: repealed

49-09-11.2. Negotiations for reopening of railway line - Railroad abandoning line

Repealed by S.L. 1997, ch. 284, § 8.
N.D. Cent. Code § 49-02-24 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-24
49-02-24. Renewable electricity and recycled energy credit trading and tracking system
Status: in_force

49-02-24. Renewable electricity and recycled energy credit trading and tracking

system.

Notwithstanding any other provision of law, the commission by rule may establish or

participate in a program to track, record, and verify the trading of credits for electricity generated

from renewable and recycled heat sources among electric generators, utilities, and other

interested entities within this state and with similar entities in other states. This section applies

to all public utilities, electric cooperatives, and municipal electric utilities.
N.D. Cent. Code § 49-06-02 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-02
49-06-02. Value of property for ratemaking purposes - Determination
Status: in_force

49-06-02. Value of property for ratemaking purposes - Determination

The value of the property of a public utility, as determined by the commission for ratemaking

purposes, is the money honestly and prudently invested therein by the utility including

construction work in progress for new facilities that use lignite mined in this state to generate

electricity, as well as additions or modifications to existing lignite facilities, less accrued

depreciation. The commission shall allow a public utility for those new or existing facilities

utilizing lignite mined in this state as its primary fuel:

1. To recover its research and development costs incurred to develop lignite more

cleanly, efficiently, or economically, including carbon dioxide capture and sequestration

utilization and a reasonable rate of return on capital expenditures;

2. To recover its incremental costs of complying with federal environmental laws,

including a reasonable rate of return on capital expenditures. The commission may

allow these costs to be recovered by an environmental surcharge that may be added

to existing rates;

3. To recover all costs resulting from a coal severance tax pursuant to chapter 57-61 and

all costs resulting from a coal conversion tax pursuant to chapter 57-60. The

commission shall allow the inclusion of these costs in the base rates and the inclusion

in the automatic adjustment clause of any of these costs not in base rates; and

4. To recover costs in rates, including a financial incentive set at a reasonable rate for

power purchase agreements of a dispatchable on-demand generating unit, plant, or

facility deemed to protect grid reliability.
N.D. Cent. Code § 49-04.1-04 — ND Code / Title 49 / Chapter 49-04.1 / Section 49-04.1-04
49-04.1-04. Reservation
Status: in_force

49-04.1-04. Reservation

This chapter does not limit or control any other statutory rights or claims for relief which may

be brought by a utility.
N.D. Cent. Code § 49-07-02 — ND Code / Title 49 / Chapter 49-07 / Section 49-07-02
49-07-02. Each violation a separate offense
Status: repealed

49-07-02. Each violation a separate offense

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 49-10.1-07 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-07
49-10.1-07. Spur tracks
Status: in_force

49-10.1-07. Spur tracks

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

the construction of said spur track may be required by the railroad to deposit the estimated cost

of the spur track with the commission before the railroad can be required to construct said spur

track. The person desiring said spur track may be charged a monthly charge by the railroad for

the cost of maintaining the spur track and the switch.
N.D. Cent. Code § 49-03-05 — ND Code / Title 49 / Chapter 49-03 / Section 49-03-05
49-03-05. Complaint upon violation of chapter
Status: in_force

49-03-05. Complaint upon violation of chapter

If a public utility or electric transmission provider 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 the provisions of this chapter, or if a public

utility or electric transmission provider constructs or extends its line, plant, or system, or

supplies, or offers to supply electric service in violation of this chapter, any interested

municipality, public authority, utility, electric cooperative corporation, or person, may file a

complaint with the commission. The commission acting on the complaint, or upon its own

motion without complaint, with or without notice, may make its order requiring the public utility

complained of to cease and desist from the construction or operation or other prohibited activity

until the further order of the commission. Upon hearing had after due notice given, the

commission shall make an order with respect to the public utility or electric transmission

provider and prescribe terms and conditions as are just and reasonable.
N.D. Cent. Code § 49-22.1-10 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-10
49-22.1-10. Public hearings - Notice
Status: in_force

49-22.1-10. Public hearings - Notice

1. The commission shall hold a public hearing in each county in which any portion of a

site, corridor, or route is proposed to be located in an application for a certificate or a

permit. If the commission determines there is an emergency that would prevent an

in-person hearing in the county in which any portion of a site, corridor, or route is

proposed, a remote public hearing may be held. At the public hearing, any person may

present testimony or evidence relating to the information provided in the application,

the criteria developed pursuant to section 49-22.1-03, and the factors to be considered

pursuant to section 49-22.1-09. If the commission determines there are no adequate

facilities to conduct a public hearing within the county in which any portion of a site,

corridor, or route is proposed to be located in, the public hearing must be held in the

nearest adequate location. When more than one county is involved, the commission

may hold a consolidated hearing in one or more of the affected counties. A hearing for

any county may not be consolidated if five or more affected landowners in that county

file a petition with the commission within ten days of the publication of the notice of

hearing.

2. The commission is not required to hold a public hearing on an application for the

transfer of a certificate or a permit, or an application for a waiver of procedures and

time schedules, but shall publish a notice of opportunity for a public hearing in the

official newspaper of each county in which any portion of the facility or the proposed

site, corridor, or route is located. If requested by any interested person and good

cause has been shown therefor, the commission shall hold a public hearing. If more

than one county is involved, the commission may hold a consolidated hearing in one

or more of the affected counties.

3. One or more public hearings must be held at a location or locations determined by the

commission concerning the following matters:

a. A substantial or material change in the criteria established pursuant to section

49-22.1-03.

b. A substantial or material change in the rules adopted pursuant to section

49-22.1-17.

c. The revocation or suspension of a certificate or permit.

4. Notice of a public hearing must be given by the commission by service on those

persons the commission deems appropriate and twice by publication, at a reasonable

interval before the hearing. Notice of a public hearing and notice of opportunity for a

public hearing on an application for a certificate, a permit, a transfer or amendment of

a certificate or permit, or a waiver must be given at the expense of the applicant.

5. The commission may hold a technical hearing on an application by the commission's

own motion or by motion of a directly interested person. During a technical hearing the

parties shall be afforded an opportunity to present evidence, examine witnesses, and

cross-examine witnesses as permitted under sections 28-32-24 and 28-32-25.
N.D. Cent. Code § 49-09.1-06 — ND Code / Title 49 / Chapter 49-09.1 / Section 49-09.1-06
49-09.1-06. Certificate of insurance or coverage
Status: in_force

49-09.1-06. Certificate of insurance or coverage

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 certificate of insurance or coverage submitted by any other utility other than a gas

and hazardous materials pipeline utility must include commercial general liability

insurance or an equivalent form with a limit of not less than two million dollars for each

occurrence and an aggregate limit of not less than five million dollars.

3. The certificate of insurance submitted by a gas or hazardous materials pipeline utility

must include commercial general liability insurance with a combined single limit of a

minimum of five million dollars for each occurrence and an aggregate limit of at least

ten million dollars.

4. The railroad may require protective liability insurance with a combined single limit of

not less than two million dollars for each occurrence and an aggregate limit of not less

than five million dollars. The coverage may be provided by a blanket railroad protective

liability insurance policy if the coverage, including the coverage limits, applies

separately to each individual crossing.

5. The coverage is required only during the period of construction, repair, or replacement

of the facility.

6. The insurance obligations required under this section may be satisfied by the utility

using any combination of primary, excess, or self insurance.
N.D. Cent. Code § 49-02-26 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-26
49-02-26. Qualifying for renewable electricity and recycled energy credits
Status: in_force

49-02-26. Qualifying for renewable electricity and recycled energy credits

For purposes of qualifying for renewable electricity and recycled energy credits, electricity

must be generated from a source identified in section 49-02-25.
N.D. Cent. Code § 49-11-13 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-13
49-11-13. Grade crossings - Determination of their safety by commission
Status: repealed

49-11-13. Grade crossings - Determination of their safety by commission

Repealed by S.L. 1981, ch. 476, § 6.
N.D. Cent. Code § 49-23-05 — ND Code / Title 49 / Chapter 49-23 / Section 49-23-05
49-23-05. Precautions to avoid damage
Status: in_force

49-23-05. Precautions to avoid damage

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 control of the cutting edge

or point to avoid damage to the facility.

2. Provide support in a manner approved by the operator for underground facilities in and

near the construction area, including backfill operations to protect the facilities. Backfill

must be of a material equal to or better in both quality and quantity to the existing

backfill.

3. Assume ownership of materials used to mark the facility, use reasonable efforts to

maintain markings during excavation, and remove all tangible marking materials used

to mark the underground facility and site area upon completion of the excavation.

4. Assume the cost of excavation to expose the facility unless otherwise indicated by

owner of facility.

5. Conduct the excavation in a careful and prudent manner.

6. Properly manage spoil material to prevent shifting or falling material that could damage

belowground facilities.
N.D. Cent. Code § 49-22-08.1 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-08.1
49-22-08.1. Application for a permit - Notice of filing - Amendment - Designation of a route
Status: in_force

49-22-08.1. Application for a permit - Notice of filing - Amendment - Designation of a

route.

1. An application for a route permit for an electric transmission facility within a designated

corridor must be filed no later than two years after the issuance of the certificate and

must be in such form as the commission may prescribe, containing the following

information:

a. A description of the type, size, and design of the proposed facility.

b. A description of the location of the proposed facility.

c. An evaluation of the proposed route with regard to the applicable considerations

set out in section 49-22-09 and the criteria established pursuant to section

49-22-05.1.

d. A description of mitigative measures that will be taken to minimize all foreseen

adverse impacts resulting from the location, construction, and operation of the

proposed facility.

e. A description of the right-of-way preparation and construction and reclamation

procedures.

f. A statement setting forth the manner in which:

(1) The utility will inform affected landowners of easement acquisition, and

necessary easement conditions and restrictions.

(2) The utility will compensate landowners for easements, without reference to

the actual consideration to be paid.

g. Such other information as the utility may consider relevant or the commission

may require.

2. After determining that the application is complete, the commission shall serve a notice

of filing of the application on such persons and agencies that the commission may

deem appropriate and shall publish a notice of filing of the application in the official

newspaper of each county in which any portion of the designated corridor is located.

3. A copy of the application shall be furnished to any person or agency, upon request to

the commission within thirty days of either service or publication of the notice of filing.

4. An application for an amendment of a permit shall be in such form and contain such

information as the commission shall prescribe.

5. The commission shall designate a route for the construction of an electric transmission

facility following the study and hearings provided for in this chapter. This designation

shall be made in accordance with the evidence presented at the hearings, an

evaluation of the information provided in the application, the criteria established

pursuant to section 49-22-05.1, and the considerations set out in section 49-22-09 in a

finding with reasons for the designation, and shall be made in a timely manner no later

than six months after the filing of a completed application. The time for designation of a

route may be extended by the commission for just cause. The failure of the

commission to act within the time limit provided in this section shall not operate to

divest the commission of jurisdiction in any permit proceeding. Upon designation of a

route the commission shall issue a permit to the applicant with such terms, conditions,

or modifications deemed necessary.
N.D. Cent. Code § 49-05-16 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-16
49-05-16. Advance determination of prudence
Status: in_force

49-05-16. Advance determination of prudence

In this section, unless the context otherwise requires, resource addition means construction,

modification, purchase, or lease of an energy conversion facility, renewable energy facility,

demand response system, transmission facility, or a contract to acquire energy, capacity, or

demand response for the purpose of providing electric service. A public utility that intends to

make a resource addition may file an application with the commission for an advance

determination of prudence regarding the resource addition. The commission shall pay the

expenses associated with investigating the application made by the public utility for prudence of

a resource addition from the application fee paid by the public utility in accordance with section

49-02-02.

1. The commission may issue an order approving the prudence of a resource addition if:

a. The public utility files with its application a projection of costs to the date of the

anticipated commercial operation of the resource addition;

b. The public utility files with its application a fee in the amount of one hundred

seventy-five 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.

c. The commission provides notice and holds a hearing, if appropriate, in

accordance with section 49-02-02; and

d. The commission determines that the resource addition is prudent. For facilities

located or to be located in this state the commission, in determining whether the

resource addition is prudent, shall consider the benefits of having the resource

addition located in this state.

2. The commission order must be rendered no later than seven months after the public

utility files its application requesting a prudence determination of a resource addition.

3. A resource addition approved by the commission is subject to reporting requirements

until commercial operation of the resource addition. The public utility shall provide

periodic reports, as directed by the commission, which must include a description of

the status of the resource addition and any changes in material circumstances

affecting the resource addition.

4. The commission's order determining prudence of the resource addition is binding for

ratemaking purposes.

5. Following an initial commission order, the commission may, upon notice and hearing, if

appropriate, in accordance with section 49-02-02 determine that continuation of a

resource addition is no longer prudent or that its prior order should be modified.

Expenses incurred in processing the case must be paid from the fee, including any

previously made refund thereof, filed with the prudence determination application for

the resource addition.

6. The public utility may recover in its rates, and in a timely manner consistent with the

public utility's financial obligations, the amounts the public utility reasonably incurred or

obligated on a prudent resource addition, including accrued allowance for funds used

during construction, even though the resource addition may never be fully operational

or used by the public utility to serve its customers. The cost amortization period for a

discontinued resource addition may not exceed five years from the date

commencement of the recovery is approved by the commission. No return on amounts

incurred or obligated by the public utility may be authorized for the period after the

resource addition is discontinued. The public utility may request an order from the

commission for deferred accounting treatment for costs incurred for a discontinued

resource addition.

7. There is a rebuttable presumption that a resource addition located in the state is

prudent.
N.D. Cent. Code § 49-09-07 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-07
49-09-07. County court to approve petition for right of way over land of decedent or ward - Conveyance
Status: repealed

49-09-07. County court to approve petition for right of way over land of decedent or

ward - Conveyance.

Repealed by S.L. 1973, ch. 257, § 82.
N.D. Cent. Code § 49-06-08 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-08
49-06-08. Determination of permanent rates
Status: in_force

49-06-08. Determination of permanent rates

Temporary rates fixed, determined, and prescribed under this chapter shall be effective until

the rates to be charged, received, and collected by the public utility company shall have been

fixed, determined, and prescribed finally. The commission, in any proceeding in which temporary

rates are fixed, determined, and prescribed, shall consider the effect of such rates in fixing,

determining, and prescribing rates to be charged and collected thereafter upon the final

determination of the rate proceeding.
N.D. Cent. Code § 49-22-24 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-24
49-22-24. Safety
Status: in_force

49-22-24. Safety

Every utility that owns or operates electric generation of any size for the primary purpose of

resale shall comply with the standards of the national electrical safety code in effect at the time

of construction of the generation.
N.D. Cent. Code § 49-19-07 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-07
49-19-07. Pro rata distribution of gas
Status: in_force

49-19-07. Pro rata distribution of gas

All wells having the production specified in section 49-19-06 shall be entitled to supply an

equal pro rata share of products to be used by any person holding a franchise to furnish gas to

the public.
N.D. Cent. Code § 49-01-13 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-13
49-01-13. Biennial report
Status: in_force

49-01-13. Biennial report

The commission shall submit a report to the governor and the secretary of state in

accordance with section 54-06-04.
N.D. Cent. Code § 49-04-10 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-10
49-04-10. Freight pooling
Status: repealed

49-04-10. Freight pooling

Repealed by S.L. 2025, ch. 433, § 2.
N.D. Cent. Code § 49-07-05 — ND Code / Title 49 / Chapter 49-07 / Section 49-07-05
49-07-05. Liability of persons other than public utility - Penalty
Status: repealed

49-07-05. Liability of persons other than public utility - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 49-05-04.4 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-04.4
49-05-04.4. Integrated resource plan
Status: in_force

49-05-04.4. Integrated resource plan

An electric public utility shall submit integrated resource plans to the commission. The

commission may adopt rules and regulations for preparation and submission of integrated

resource plans. At the request of the commission, the applicant shall pay a fee reasonably

necessary for completing an investigation of the integrated resource plan up to an amount not

exceeding two hundred fifty thousand dollars. If additional funds are reasonably necessary to

pay the costs of an investigation of the integrated resource plan, 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 an investigation by the

commission.
N.D. Cent. Code § 49-09-16 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-16
49-09-16. Right of way - Telecommunications - Electric light - Gas and oil pipeline systems
Status: in_force

49-09-16. Right of way - Telecommunications - Electric light - Gas and oil pipeline

systems.

The governing board of any municipal corporation may grant to any person who is a

resident of this state, to any corporation or limited liability company organized under the laws of

this state, or to any corporation or limited liability company licensed to do business within this

state the right of way for the construction and operation of a railway, telecommunications line,

electric light system, or a gas or oil pipeline system over or upon any public grounds, streets,

alleys, or highways under the care or supervision of the board granting such right of way. Such

right of way shall be granted subject to such conditions, restrictions, and regulations as may be

prescribed by the board granting the same, relative to the streets, alleys, or highways upon,

over, under, or across which the way, line, or system shall be built and operated.
N.D. Cent. Code § 49-22.1-24 — ND Code / Title 49 / Chapter 49-22.1 / Section 49-22.1-24
49-22.1-24. Protection of cultural or historic site data
Status: in_force

49-22.1-24. 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 § 49-02-16 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-16
49-02-16. Investigation of interstate rates
Status: in_force

49-02-16. Investigation of interstate rates

The commission shall exercise constant diligence in informing itself of the rates, rules, and

practices of common carriers engaged in:

1. The transportation of freight, express, and passengers;

2. The transportation by pipeline of crude petroleum, gas, or other petroleum products; or

3. The transmission of messages or intelligence,

from points in this state to points beyond its limits and from points in other states to points in this

state and in territory wholly outside of this state.
N.D. Cent. Code § 49-02-03 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-03
49-02-03. Power of public service commission to establish rates
Status: in_force

49-02-03. Power of public service commission to establish rates

The commission shall supervise the rates of all public utilities. It shall have the power, after

notice and hearing, to originate, establish, modify, adjust, promulgate, and enforce tariffs, rates,

joint rates, and charges of all public utilities. Whenever the commission, after hearing, shall find

any existing rates, tariffs, joint rates, or schedules unjust, unreasonable, insufficient, unjustly

discriminatory, or otherwise in violation of any of the provisions of this title, the commission by

order shall fix reasonable rates, joint rates, charges, or schedules to be followed in the future in

lieu of those found to be unjust, unreasonable, insufficient, unjustly discriminatory, or otherwise

in violation of any provision of law.
N.D. Cent. Code § 49-10.1-11 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-11
49-10.1-11. Minor excluded from railroad property - Exception
Status: in_force

49-10.1-11. Minor excluded from railroad property - Exception

A person under fifteen years of age, unless accompanied by a parent or guardian or unless

the person has business with the railroad requiring the person to approach such place, shall not:

1. Approach closer than ten feet [3.05 meters] from any engine, car, train, or other rolling

stock upon the tracks of any railroad in this state.

2. Enter any roundhouse, shop, or yard or upon any track bridge of any railroad company

or upon the right of way or other place of danger owned by any railroad.
N.D. Cent. Code § 49-21-24 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-24
49-21-24. Prohibited acts - Arbitration
Status: in_force

49-21-24. Prohibited acts - Arbitration

1. A telecommunications company may not:

a. Discriminate against another provider of telecommunications services by refusing

or delaying access to the company's services;

b. Discriminate against another provider of telecommunications services by refusing

or delaying access to essential facilities on terms and conditions no less

favorable than those the telecommunications company provides to itself and its

affiliates. A local telecommunications facility, feature, function, or capability of the

telecommunications company's network is an essential facility if all of the

following apply:

(1) Competitors cannot practically or economically duplicate the facility, feature,

function, or capability or obtain the facility, feature, function, or capability

from another source.

(2) The use of the facility, feature, function, or capability by potential competitors

is technically and economically feasible.

(3) Denial of the use of the facility, feature, function, or capability by competitors

is unreasonable.

(4) The facility, feature, function, or capability will enable competition; or

c. Degrade the quality of access or service provided to another provider of

telecommunications services.

2. A claim that a telecommunications company has violated this section may be resolved

by arbitration or by a complaint filed with the commission. Arbitration of a claim must

be conducted by a single arbitrator engaged in the practice of law under the rules of

the American arbitration association. All expedited procedures prescribed by the

American arbitration association rules apply. The arbitrator's award is final and binding

and may be entered in any court having jurisdiction thereof. A complaint filed with the

commission must be referred to the office of administrative hearings for hearing and

issuance of recommended findings of fact, conclusions of law, and an order pursuant

to chapter 28-32. Each party shall bear its own costs and attorney's fees and shall

equally share in the fees and expenses of the arbitration or administrative hearing.
N.D. Cent. Code § 49-19-23 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-23
49-19-23. Unlawful discrimination - Damages - Suit
Status: in_force

49-19-23. Unlawful discrimination - Damages - Suit

Actual damages also may be recovered by and for the use of any person against whom

there shall have been an unlawful discrimination prohibited by this chapter. Such suit shall be

brought in the name and for the use of the party aggrieved.
N.D. Cent. Code § 49-06-22 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-22
49-06-22. Public utility valuation fund - Use
Status: repealed

49-06-22. Public utility valuation fund - Use

Repealed by S.L. 1993, ch. 1, § 35.
N.D. Cent. Code § 49-21.1-04 — ND Code / Title 49 / Chapter 49-21.1 / Section 49-21.1-04
49-21.1-04. Penalty
Status: in_force

49-21.1-04. Penalty

Any person who violates this chapter is subject to a civil penalty not to exceed one

thousand dollars. The civil penalty may be recovered by action prosecuted by the state's

attorney of the county where the violation occurred.
N.D. Cent. Code § 49-05-19 — ND Code / Title 49 / Chapter 49-05 / Section 49-05-19
49-05-19. Reliable service obligation
Status: in_force

49-05-19. Reliable service obligation

An electric public utility is responsible for ensuring reliable service. If an electric public utility

fails to meet its obligation to provide reliable service to customers within the state, the

commission may require action, assess disallowances or fines, or provide a penalty. The

commission shall adopt rules and establish guidelines for assessment of penalties, fines, or

disallowances which must take into consideration the nature, circumstances, and gravity of the

violation, degree of culpability, history of prior outages, and good-faith attempts to ensure

reliability.
N.D. Cent. Code § 49-16-01.2 — ND Code / Title 49 / Chapter 49-16 / Section 49-16-01.2
49-16-01.2. Choice-of-laws clause void
Status: in_force

49-16-01.2. Choice-of-laws clause void

To the extent a provision of any lease, license, or other agreement relating to the use or

occupancy of railroad right of way or other adjoining property provides the indemnification

provisions of section 49-16-01.1 do not apply, or another provision applies, the provision is void.
N.D. Cent. Code § 49-06-11 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-11
49-06-11. Hearings as to valuations - Called by commission
Status: in_force

49-06-11. Hearings as to valuations - Called by commission

For the purpose of ascertaining the reasonableness and justice of the rates and charges of

public utilities, or for any other purpose authorized by law, the commission may cause a hearing

to be held in the manner prescribed in chapter 28-32 to determine the value of the property of

any public utility actually used or useful for the convenience of the public, excluding therefrom

the value of any franchise or right to own, operate, or enjoy the same in excess of the amount,

exclusive of any tax or annual charge, actually paid to any political subdivision of the state as a

consideration of such franchise or right, and exclusive of any value of the right by reason of a

monopoly or merger.
N.D. Cent. Code § 49-22-01 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-01
49-22-01. Short title
Status: repealed

49-22-01. Short title

Repealed by S.L. 2017, ch. 328, § 27.
N.D. Cent. Code § 49-06-06 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-06
49-06-06. Disagreement on new rate - Bond required
Status: in_force

49-06-06. Disagreement on new rate - Bond required

If no new rate shall have been agreed upon, as provided in section 49-06-05, then pending

the investigation and final order of the commission, if it is of the opinion that public interest so

requires, the commission immediately shall make an order that the utility shall file with the

commission a bond of a corporate surety company, approved by the commission and authorized

to do a surety business within this state. The bond shall be payable to the commission for the

use and benefit of the customers and patrons of the utility and shall be conditioned that if the

rates fixed, determined, and prescribed by the final order are less than the rates charged,

received, and collected by the public utility during the period of the investigation, the public utility

as principal shall remit to the several customers, patrons, or users of its service during the

period between the date of the order directing a valuation or revaluation and the date of the final

order fixing, determining, and prescribing the rates to be charged, received, and collected by the

utility company the amount payable under this section. If the utility does not remit to its

customers and patrons the differences between the amount paid by them and the new rate

prescribed by the final order, the commission may maintain an action on the bond for the benefit

of the customers and patrons. The amount to be paid and remitted to each of the several

customers, patrons, or users shall be such sum as such customer, patron, or user has paid to

the utility for the service over and above the amounts that such customer, patron, or user would

have paid during that time had the rates fixed, determined, and prescribed in the final order

been in effect during that period. The bond or undertaking shall be filed with the commission

within thirty days after the service of the order upon such public utility. Service of the order may

be made by personal service upon the public utility or by registered or certified mail, and if by

registered or certified mail, service shall be deemed completed when the registered or certified

mail is delivered to the public utility, as evidenced by the return receipt for the mail.
N.D. Cent. Code § 49-11-21 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-21
49-11-21. Warning device sounded at crossing by locomotive - Exceptions
Status: in_force

49-11-21. Warning device sounded at crossing by locomotive - Exceptions

1. A warning device must be placed on each locomotive engine and the device on the

lead locomotive must be sounded when approaching a public railroad crossing, and

must continue to be sounded until the locomotive enters the public railroad crossing.

2. The warning device may not be sounded at a private railroad crossing. However, a

party may petition the commission to request that a horn be sounded at a private

railroad crossing. The commission shall review the request and issue an order

approving or denying the request based on the safety concerns of the public. A party

may not be subject to any liability as a result of not making a request.

3. The governing body of a city may adopt a quiet zone ordinance, as allowed by federal

law and implemented under the federal railroad administration's supplemental safety

measures for at-grade crossings, prohibiting a locomotive engine from sounding a

warning device at crossings within the quiet zone under regular crossing conditions.

4. Notwithstanding any other provision of this section, a locomotive engineer may sound

a locomotive horn at any crossing to provide a warning to animals, vehicle operators,

pedestrians, trespassers, or crews on other trains in an emergency situation if in the

locomotive engineer's judgment the action is appropriate to prevent imminent injury,

death, or property damage.
N.D. Cent. Code § 49-09.1-05 — ND Code / Title 49 / Chapter 49-09.1 / Section 49-09.1-05
49-09.1-05. Crossing fee - Flagging expense
Status: in_force

49-09.1-05. Crossing fee - Flagging expense

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 lieu of any license, permit, application, processing fee, or any

other fees or charges to reimburse the railroad for the direct expenses or diminution of

land value incurred by the railroad as a result of the crossing.

3. No other fee may be assessed by the railroad or by any railroad agent, contractor, or

assignee to the utility or to any agent or contractor of the utility.

4. A crossing fee is not required if the crossing is located within a public right of way.

5. In addition to the standard crossing fee and based on the railroad traffic at the

crossing, a utility shall reimburse the railroad for any reasonable and necessary

flagging expense associated with a crossing.

6. If the railroad alleges a crossing will cause a diminution in land value in an amount

greater than the crossing fee provided in subsection 1, the railroad shall notify the

utility and provide a certified appraisal demonstrating the diminution in value of the

entire parcel of railroad property caused by the crossing before the date for

commencement of construction provided in section 49-09.1-04.

7. If the parties are unable to resolve the issue of compensation under subsection 6, the

dispute must be resolved in accordance with section 49-09.1-08.

8. The placement of a single conduit and its content is a single facility. No additional fees

are payable based on the individual fibers, wires, lines, or other items contained within

the conduit.
N.D. Cent. Code § 49-01-09 — ND Code / Title 49 / Chapter 49-01 / Section 49-01-09
49-01-09. Attorneys for public service commission - Attorney general - State's attorney - Duties - Additional counsel - Compensation
Status: in_force

49-01-09. Attorneys for public service commission - Attorney general - State's

attorney - Duties - Additional counsel - Compensation.

The attorney general shall be ex officio attorney for the commission and personally or

through commerce counsel shall:

1. Give to the commission such counsel, advice, and assistance necessary for the proper

discharge of its powers and duties.

2. Appear for, and represent, the state at all hearings of the commission or appeals

therefrom when necessary.

3. Institute, prosecute, or defend any action or proceeding which the commission may

deem proper and expedient.

The state's attorney in any county, on request of the commission, shall institute, prosecute,

appear in, and defend for the commission any and all actions and proceedings which the

commission may institute and prosecute or to which the commission is a party. The commission

may employ additional counsel to assist such attorney general or state's attorney, when in its

judgment the exigencies of the case may require. The fee of such additional counsel shall be

determined by the commission and approved by the office of management and budget and paid

out of funds appropriated for such purpose.
N.D. Cent. Code § 49-21-10.3 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-10.3
49-21-10.3. Complaints
Status: in_force

49-21-10.3. Complaints

A person, and the commission on its own motion, may complain concerning any violation of

law, rule, or order of the commission. In accordance with chapter 28-32, the commission shall

provide notice of the complaint and the time and place of hearing. After hearing under chapter

28-32, if the commission finds that a service of a telecommunications company is inadequate or

a company is in violation of a law, rule, or order, the commission may direct the

telecommunications company to take reasonable and necessary remedial action to provide

adequate service or to bring the company into compliance with the applicable law, rule, or order.

The remedies of this section are in addition to the penalties under chapter 49-07.
N.D. Cent. Code § 49-02-30 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-30
49-02-30. Application of electricity generated from existing hydroelectric facilities in calculating the renewable and recycled energy objective
Status: repealed

49-02-30. Application of electricity generated from existing hydroelectric facilities in

calculating the renewable and recycled energy objective.

Repealed by S.L. 2025, ch. 431, § 4.
N.D. Cent. Code § 49-10.1-02 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-02
49-10.1-02. Public policy concerning the regulation of railroads
Status: in_force

49-10.1-02. Public policy concerning the regulation of railroads

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, facilities, and

services are just and reasonable, and are not unduly discriminatory, unduly or unreasonably

prejudicial, nor unduly or unreasonably preferential.
N.D. Cent. Code § 49-22-08.2 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-08.2
49-22-08.2. Combining application
Status: in_force

49-22-08.2. Combining application

A utility may file a separate application for a certificate or a permit, or combined into one

application.
N.D. Cent. Code § 49-04-03 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-03
49-04-03. Violation of prescribed system of accounts unlawful
Status: in_force

49-04-03. Violation of prescribed system of accounts unlawful

When the commission shall have prescribed the forms for accounts, records, or memoranda

to be kept by any public utility for any of its business, it thereafter shall be unlawful for such

public utility to keep any accounts, records, or memoranda of such business other than those

prescribed by the commission and those prescribed by or under authority of any other state or

of the United States, with the exception of such accounts, records, or memoranda as shall be

explanatory of and supplemental to the accounts, records, or memoranda prescribed by the

commission.
N.D. Cent. Code § 49-22-17 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-17
49-22-17. Improvement of sites or locations
Status: in_force

49-22-17. Improvement of sites or locations

Utilities that have acquired an electric energy conversion facility site or electric transmission

line route in accordance with the provisions of this chapter may proceed to construct or improve

such site or route for the intended purposes at any time, subject to subsections 2 and 3 of

section 49-22-16; provided, that if such construction and improvement commences more than

four years after a certificate or permit for the site or route has been issued, then the utility must

certify to the commission that such site or route continues to meet the conditions upon which the

certificate of site compatibility or electric transmission facility construction permit was issued.
N.D. Cent. Code § 49-19-10 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-10
49-19-10. Compensating county for damage to public road in laying pipelines
Status: in_force

49-19-10. Compensating county for damage to public road in laying pipelines

In the exercise of the privileges conferred in section 49-19-09, the common pipeline carrier

shall compensate the county for any damage done to any public road in the laying of pipelines,

or telecommunications lines, along or across the same. Nothing herein shall be construed to

grant any such pipeline the right to use any public street or alley in any incorporated city, except

by express permission from the governing authority thereof.
N.D. Cent. Code § 49-10.1-17 — ND Code / Title 49 / Chapter 49-10.1 / Section 49-10.1-17
49-10.1-17. Agreements to restore Amtrak service
Status: in_force

49-10.1-17. Agreements to restore Amtrak service

The governor or the director of the department of transportation may make agreements in

accordance with applicable federal law with the state of Montana and relevant federal agencies

for the renewal of service on the Amtrak north coast Hiawatha route from Fargo to Spokane,

Washington. The governor, the director of the department of transportation, or the commissioner

of commerce may enter agreements with any political subdivision, state, and federal agency for

the restoration of daily service on the Amtrak empire builder route.
N.D. Cent. Code § 49-21-01.3 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-01.3
49-21-01.3. Certain price changes from surcharges - Essential telecommunications services
Status: in_force

49-21-01.3. Certain price changes from surcharges - Essential telecommunications

services.

1. This section does not prohibit the lowering of a price of an essential service based on

reasonable business practices in a competitive environment except a price change

may not be anticompetitive or otherwise in violation of antitrust or unfair trade practice

laws.

2. Whenever a price change provided for in this section is less than three percent of the

existing price, notwithstanding any time limitations in this section, a

telecommunications company may accumulate such changes in price subject to the

following conditions:

a. Price increases may be accumulated up to a percentage total of five percent.

b. Price decreases may be accumulated only to the extent that there is an offsetting

accumulated price increase of an equal or greater percentage. Accumulated price

decreases may never exceed accumulated price increases.

c. Price decreases may be accumulated only for two years beginning January first

of the year in which the change is allowed.

d. Accumulated price increases may be implemented at the discretion of the

telecommunications company.

e. The effective date of implementation of an accumulated price change may be

prospective only, and in accordance with the filing requirements of section

49-21-04.

3. This chapter does not prohibit an incumbent local exchange carrier from deaveraging

local exchange service prices provided the incumbent local exchange carrier agrees to

amend its commission-approved interconnection agreements to allow for deaveraged

interconnection prices effective concurrently with the deaveraged retail prices.
N.D. Cent. Code § 49-04-13 — ND Code / Title 49 / Chapter 49-04 / Section 49-04-13
49-04-13. Definitions
Status: repealed

49-04-13. Definitions

Repealed by S.L. 1975, ch. 431, § 9.
N.D. Cent. Code § 49-02-13 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-13
49-02-13. Jurisdiction of commission limited as to municipal utilities
Status: repealed

49-02-13. Jurisdiction of commission limited as to municipal utilities

Repealed by omission from this code.
N.D. Cent. Code § 49-06-17 — ND Code / Title 49 / Chapter 49-06 / Section 49-06-17
49-06-17. Limitation on number of valuation or revaluation orders
Status: in_force

49-06-17. Limitation on number of valuation or revaluation orders

No order for valuation or revaluation shall be made more than once in every three years

after a determination of value has become final. This limitation, however, shall not apply to

proceedings to determine past excess earnings for refunding purposes.
N.D. Cent. Code § 49-09-01 — ND Code / Title 49 / Chapter 49-09 / Section 49-09-01
49-09-01. Right of way through state lands - Conditions
Status: in_force

49-09-01. Right of way through state lands - Conditions

Every railroad corporation duly organized under the laws of any state or territory, or of the

United States, and authorized to build and operate a railroad within this state, which shall have

filed with the secretary of state a copy of its articles of incorporation, properly certified, shall

have the right to take, hold, and use for the purposes of a railroad a strip of land one hundred

feet [30.48 meters] wide, fifty feet [15.24 meters] on each side of the centerline of such railroad,

through each and every tract of public land owned or held by the state across which its road

shall be located or constructed. When it shall be necessary to protect such railroad from snow,

or to use extra width in its construction, such corporation shall have the right to take, hold, and

use a strip of land not exceeding two hundred feet [60.96 meters] in width, one hundred feet

[30.48 meters] on each side of such centerline, through such public lands. At all its regular

stations established upon such land, such company shall have the right to take a strip of land

one thousand six hundred feet [487.68 meters] long and three hundred feet [91.44 meters] wide

for station purposes.
N.D. Cent. Code § 49-16-09 — ND Code / Title 49 / Chapter 49-16 / Section 49-16-09
49-16-09. Personal injuries - When railroad not liable
Status: repealed

49-16-09. Personal injuries - When railroad not liable

Repealed by S.L. 1977, ch. 443, § 3.
N.D. Cent. Code § 49-02-12.1 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-12.1
49-02-12.1. Public service commission open meetings
Status: in_force

49-02-12.1. Public service commission open meetings

Except as otherwise provided by law, a meeting of the public service commission is subject

to the requirements of chapter 44-04. A meeting of the public service commission does not

include a quorum of members attending a legislative committee. The public service commission

is exempt from posting notice at the location of a meeting, as required under section 44-04-20, if

the meeting was not scheduled or organized by the public service commission.
N.D. Cent. Code § 49-23-03 — ND Code / Title 49 / Chapter 49-23 / Section 49-23-03
49-23-03. Notification center - Participation - Establishment
Status: in_force

49-23-03. Notification center - Participation - Establishment

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 notification center on a per-call

basis. An operator, installing the operator's own facilities, may not be charged as an

excavator.

3. An operator shall participate in and share the costs of the one-call excavation notice

system by:

a. Submitting the information required by the notification center to allow the center

to notify the operator of excavation activity;

b. Updating the information provided to the notification center on a timely basis;

c. Installing and paying for equipment reasonably requested by the notification

center to facilitate receipt of notice of excavation from the center;

d. Paying the costs charged by the notification center on a timely basis; and

e. Receiving and responding to excavation notices, including emergency notices.

4. A nonprofit corporation, North Dakota one-call, incorporated, shall govern the

notification center.

a. The board of directors of North Dakota one-call, incorporated must consist of nine

members representing the participants in the center. The members of the board

of directors must be chosen and serve for terms as provided in the bylaws of the

corporation. One member of the board of directors must be chosen by

representatives of each of the following participant groups:

(1) Telecommunications service providers.

(2) Gas distribution lines operators.

(3) Oil or gas transmission or gathering lines operators.

(4) Electrical transmission and distribution operators.

(5) Rural water systems.

(6) Cities of five thousand or more population.

(7) Cities of fewer than five thousand population.

(8) Cable television service providers.

(9) Excavators.

b. The board shall establish a competitive bidding procedure to select a vendor to

provide the notification service, establish a procedure by which members of the

center share the costs of the center on a fair, reasonable, and nondiscriminatory

basis, and do all other things necessary to implement the purpose of the center.

Any agreement between the center and a vendor for the notification service may

be modified from time to time by the board, and any agreement shall be reviewed

by the board at least once every three years, with an opportunity to receive new

bids, if desired, by the board. An operator may submit a bid and be selected to

contract to provide the notification center service.

c. Members of the board and any of its agents are immune from any liability of any

kind based on any acts or omissions in the course of the performance of

responsibilities in an official capacity except for bodily injury arising out of

accidents caused by or contributed to by the negligence of the board member or

agent.

d. The board shall aid the state's attorneys of the various counties in the

enforcement of this chapter and the prosecution of any violations. The board may

institute a civil action for an injunction to enjoin violations of this chapter without

proof that anyone suffered actual damages.
N.D. Cent. Code § 49-22-16.2 — ND Code / Title 49 / Chapter 49-22 / Section 49-22-16.2
49-22-16.2. Easements for a facility - Terms
Status: in_force

49-22-16.2. Easements for a facility - Terms

Any easement for an electric transmission facility as defined in this chapter acquired

contractually by a utility after July 1, 1979, shall give the landowner the option of receiving a

single sum payment for the easement or receiving payment in annual installments of equal

amounts including interest on the outstanding balance to be paid by the utility at a rate equal to

the average rate paid during that year by the Bank of North Dakota on a certificate of deposit in

an amount equal to the outstanding balance. The first annual installments shall be prorated to

July first and all following annual installments shall fall due on July first. The option provided

herein shall not apply to any easement providing for compensation of less than five thousand

dollars. In the event the landowner elects to receive the compensation in annual payments, the

benefits unpaid at the time of sale of the real estate to which the easement attaches shall

accrue to the purchaser of said real estate thereafter. The utility right-of-way agent shall inform

the property owner of the owner's option to choose annual installments.
N.D. Cent. Code § 49-19-20 — ND Code / Title 49 / Chapter 49-19 / Section 49-19-20
49-19-20. Duties of pipeline carriers
Status: in_force

49-19-20. Duties of pipeline carriers

Subject to the provisions of this chapter and the rules and regulations which may be

prescribed by the commission, every common pipeline carrier shall receive and transport crude

petroleum, coal, or gas delivered to it for transportation and shall receive and transport the

same and perform its other duties with respect thereto without discrimination.
N.D. Cent. Code § 49-02-25 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-25
49-02-25. Renewable electricity and recycled energy defined
Status: in_force

49-02-25. Renewable electricity and recycled energy defined

As used in section 49-02-24, renewable electricity and recycled energy include electricity

generated from facilities using the following sources:

1. Solar, using the sun as the source of energy for producing electricity.

2. Wind, using the wind as the source of energy for producing electricity.

3. Hydroelectric, using water as the source of energy for producing electricity.

4. Biomass, using agricultural crops and agricultural wastes and residues, wood and

wood wastes and residues, animal wastes, and landfill gas as the fuel to produce

electricity.

5. Geothermal, using energy contained in heat that continuously flows outward from the

earth as the source of energy to produce electricity.

6. Hydrogen, provided that the hydrogen is generated from a source listed in this section.

7. Recycled energy systems producing electricity from currently unused waste heat

resulting from combustion or other processes into electricity and which do not use an

additional combustion process. The term does not include any system whose primary

purpose is the generation of electricity unless the generation system consumes

wellhead gas that would otherwise be flared, vented, or wasted.
N.D. Cent. Code § 49-11-15 — ND Code / Title 49 / Chapter 49-11 / Section 49-11-15
49-11-15. Penalty for violation of order
Status: repealed

49-11-15. Penalty for violation of order

Repealed by S.L. 1981, ch. 476, § 6.
N.D. Cent. Code § 49-21-25 — ND Code / Title 49 / Chapter 49-21 / Section 49-21-25
49-21-25. Competitive local exchange companies
Status: in_force

49-21-25. Competitive local exchange companies

All competitive local exchange companies are subject to the requirements of this chapter

regarding purchase of essential telecommunications services, section 49-21-01.4; access code

number usage, section 49-21-01.5; call identification services, section 49-21-01.6;

cross-subsidization, section 49-21-02.2; unauthorized telecommunications service, section

49-21-02.4; price schedules, sections 49-21-04 and 49-21-05; price complaints, section

49-21-06; discrimination, section 49-21-07; dialing parity, section 49-21-08.1; connections,

sections 49-21-09 and 49-21-10; refunds, section 49-21-10.1; and quality of service, section

49-21-10.2.
N.D. Cent. Code § 49-02-01 — ND Code / Title 49 / Chapter 49-02 / Section 49-02-01
49-02-01. General jurisdiction of the public service commission over public utilities
Status: in_force

49-02-01. General jurisdiction of the public service commission over public utilities

The general jurisdiction of the commission shall extend to and include:

1. Contract and common carriers engaged in the transportation of persons and property,

excluding air carriers.

2. Telecommunications companies engaged in the furnishing of telecommunications

services as provided for in chapter 49-21.

3. Pipeline utilities engaged in the transportation of gas, oil, coal, and water.

4. Electric utilities engaged in the generation and distribution of light, heat, or power.

5. Gas utilities engaged in the distribution of natural, synthetic, or artificial gas.

6. All heating utilities engaged in the distribution of heat.

7. All other public utilities engaged in business in this state or in any county, city,

township, or other political subdivision of the state.