reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-07 - Small Power Production and Cogeneration › Section 69-09-07-07 - Procedures for obtaining qualifying status

Current through Supplement No. 393, July, 2024
1.
Qualification.
A small power
				production facility or cogeneration facility which meets the criteria for
				qualification set forth in section
				69-09-07-03 is a qualifying
				facility. The owner or operator of any facility qualifying under this
				subsection shall furnish notice to the commission providing the information set
				forth in paragraphs 1 through 4 of subdivision b of subsection 2.
2.
Optional procedure.
a. Application for commission certification.
				Pursuant to the provisions of this subsection, the owner or operator of the
				facility may file with the commission an application for commission
				certification that the facility is a qualifying facility.
b. General contents of application. The
				application shall contain the following information:
(1) The name and address of the applicant and
				the location of the facility;
(2)
				A brief description of the facility, including a statement indicating whether
				such facility is a small power production facility or a cogeneration facility;
(3) The primary energy source used
				or to be used by the facility;
(4)
				The power production capacity of the facility; and
(5) The percentage of ownership by any
				electric utility or by any public utility holding company, or by any person
				owned by either.
c.
				Additional application requirements for small power production facilities. An
				application by a small power producer for commission certification shall
				contain the following additional information:
(1) The location of the facility in relation
				to any other small power production facilities located within one mile [1.61
				kilometers] of the facility, owned by the applicant which use the same energy
				source; and
(2) Information
				identifying any planned usage of natural gas, oil, or coal.
d. Additional application
				requirements for cogeneration facilities. An application by a cogenerator for
				commission certification shall contain the following additional information:
(1) A description of the cogeneration system,
				including whether the facility is a topping or bottoming cycle and sufficient
				information to determine that any applicable requirements under section
				69-09-07-05 will be met; and
(2) The date installation of the
				facility began or will begin.
e. Commission action. Within ninety days of
				the filing of a complete application, the commission shall issue an order
				granting or denying the application, tolling the time for issuance of an order,
				or setting the matter for hearing. Any order denying certification shall
				identify the specific requirements which are not met. If no order is issued
				within ninety days of the filing of a complete application, the application
				shall be deemed to have been granted.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-07 - Small Power Production and Cogeneration › Section 69-09-07-08 - Electric utility obligations

Current through Supplement No. 393, July, 2024
1.
Obligation to purchase from qualifying facilities.
Each electric
				utility shall purchase, in accordance with section
				69-09-07-09, any energy and
				capacity which is made available from a qualifying facility:
a. Directly to the electric utility; or
b. Indirectly to the electric
				utility in accordance with subsection 4.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-07 - Small Power Production and Cogeneration › Section 69-09-07-09 - Rates for purchases

Current through Supplement No. 393, July, 2024
1. Rates
				for purchases must:
a. Be just and reasonable
				to the electric consumer of the electric utility and in the public interest;
				and
b. Not discriminate against
				qualifying cogeneration and small power production facilities.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-07 - Small Power Production and Cogeneration › Section 69-09-07-10 - Rates for sales

Current through Supplement No. 393, July, 2024
1.
General rules.
a. Rates for
				sales:
(1) Shall be just and reasonable and
				in the public interest; and
(2)
				Shall not discriminate against any qualifying facility in comparison to rates
				for sales to other customers served by the electric utility.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-07 - Small Power Production and Cogeneration › Section 69-09-07-11 - Interconnection costs

Current through Supplement No. 393, July, 2024
1.
Obligation
				to pay.
Each qualifying facility shall be obligated to pay any
				interconnection costs which the commission may assess against the qualifying
				facility on a nondiscriminatory basis with respect to other customers with
				similar load characteristics.
2.
Reimbursement of connection costs.
The commission shall determine
				the manner for payments of interconnection costs, which may include
				reimbursement over a reasonable period of time.
General Authority: NDCC
					 49-02-02
Law Implemented: NDCC
					 49-02-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-07 - Small Power Production and Cogeneration › Section 69-09-07-12 - System emergencies

Current through Supplement No. 393, July, 2024
1.
Qualifying facility obligation to provide power during system
				emergencies.
A qualifying facility shall be required to provide energy
				or capacity to an electric utility during a system emergency only to the
				extent:
a. Provided by agreement between such
				qualifying facility and electric utility; or
b. Ordered under section 202(c) of the
				Federal Power Act [ 16
				U.S.C. 824 a(c) ].
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-07 - Small Power Production and Cogeneration › Section 69-09-07-13 - Exemption for qualifying facilities

Current through Supplement No. 393, July, 2024
1. Applicability. This section applies to:
a. Any qualifying cogeneration facility;
b. Any qualifying small power
				production facility which has a power production capacity which does not exceed
				thirty megawatts; and
c. Any
				qualifying small power production facility which has a power production
				capacity over thirty megawatts if such facility produces electric energy solely
				by the use of biomass as a primary energy source.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-08 - Renewable Electricity and Recycled Energy Tracking System › Section 69-09-08-01 - Purpose, application, and effective date

Current through Supplement No. 393, July, 2024
This chapter establishes a program to include tracking,
				  recording, verifying, and reporting the transactions associated with
				  certificates and credits for electricity generated from renewable electricity
				  sources as defined by North Dakota Century Code section
				  49-02-25 among electric
				  generators, utilities, and other interested entities within this state and with
				  similar entities in other states. This chapter applies to all public utilities,
				  electric cooperatives, and municipal electric utilities. The tracking program
				  will be effective as specified in the commission's order that designates a
				  program administrator and implements these rules.
General Authority: NDCC
					 49-02-01,
					 49-02-24,
					 49-02-25,
					 49-02-26
Law Implemented: NDCC
					 49-02-24,
					 49-02-25,
					 49-02-26
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-08 - Renewable Electricity and Recycled Energy Tracking System › Section 69-09-08-02 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter:
1. "Designated representative" means a responsible individual
				  authorized by the owner or operator of a renewable energy facility or purchaser
				  of energy produced from a renewable resource to register that resource with the
				  program administrator. The designated representative must have the authority to
				  represent and legally bind the owner, operator, or purchaser in all matters
				  pertaining to the renewable energy certificates tracking program.
2. "Existing facilities" means renewable energy facilities
				  placed in service before January 1, 2001.
3. "New facilities" means renewable energy facilities placed
				  in service on or after January 1, 2001.
4. "Program administrator" means the independent entity
				  designated by commission order to carry out the administrative responsibilities
				  related to the renewable energy certificates tracking program as set forth in
				  this chapter.
5. "Renewable energy certificate" means a document recording
				  one or more renewable energy credits that have been certified by the program
				  administrator as representing electricity generated by a renewable energy
				  facility registered with the tracking system or a certificate imported from a
				  compatible certificates tracking system.
6. "Renewable energy certificate account" means an account
				  maintained by the program administrator for the purpose of tracking renewable
				  energy certificates.
7. "Renewable energy certificates tracking program" means the
				  process of tracking renewable energy certificates as a means of meeting the
				  requirements set forth in section
				  69-09-08-04.
8. "Renewable energy credit" means the intangible, generally
				  perceived environmental benefits and attributes associated with generating one
				  megawatt hour of renewable electricity or recycled energy that is physically
				  metered and meets the requirements set forth in section
				  69-09-08-04.
9. "Renewable energy facility" means a facility generating
				  electricity from one or more generating units that exclusively rely on an
				  energy source or fuel included in North Dakota Century Code section
				  49-02-25.
General Authority: NDCC
					 49-02-01,
					 49-02-24,
					 49-02-25,
					 49-02-26
Law Implemented: NDCC
					 49-02-24,
					 49-02-25,
					 49-02-26
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-08 - Renewable Electricity and Recycled Energy Tracking System › Section 69-09-08-03 - Renewable energy certificates tracking program

Current through Supplement No. 393, July, 2024
Renewable energy certificates may be recorded, transferred,
				  and retired as set forth in this chapter. Except where specifically stated, the
				  provisions of this section apply uniformly to all participants in the tracking
				  program.
General Authority: NDCC
					 49-02-01,
					 49-02-24,
					 49-02-25,
					 49-02-26
Law Implemented: NDCC
					 49-02-24,
					 49-02-25,
					 49-02-26
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-08 - Renewable Electricity and Recycled Energy Tracking System › Section 69-09-08-04 - Facilities eligible for participation in the renewable energy certificates tracking program

Current through Supplement No. 393, July, 2024
For a renewable energy facility to be eligible to
				  participate in the tracking program, the facility must be either a new facility
				  or existing facility as defined in section
				  69-09-08-02 and must also:
1. Register under section
				69-09-08-07; and
2. Have output that is capable of being
				physically metered and verified by the program administrator. A renewable
				energy facility with more than one generating unit may be metered with a single
				meter.
General Authority: NDCC
					 49-02-01,
					 49-02-24,
					 49-02-25,
					 49-02-26
Law Implemented: NDCC
					 49-02-24,
					 49-02-25,
					 49-02-26
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-08 - Renewable Electricity and Recycled Energy Tracking System › Section 69-09-08-05 - Responsibilities of program administrator

Current through Supplement No. 393, July, 2024
At a minimum, the program administrator shall perform the
				  following functions:
1. Create
				accounts that track renewable energy certificates for each participant in the
				tracking program;
2. Award
				renewable energy certificates to registered renewable energy facilities based
				on verified meter reads;
3.
				Maintain public information on the program administrator's web site that
				provides tracking program information to interested buyers and sellers of
				renewable energy certificates;
4.
				Facilitate private trading of renewable energy certificates;
5. Verify the accuracy of metered production
				data and other information identified in the renewable energy certificate; and
6. Provide an annual report to the
				commission. Beginning in the year following commission designation of the
				program administrator, the program administrator shall submit a report to the
				commission on or before April fifteenth of each year. At a minimum, the report
				must contain the amount of registered existing and new generating capacity from
				a renewable energy facility installed in the state, in megawatts, by technology
				type, the owner or operator of each facility or the facility's certificates,
				the date each facility began to produce electricity, and the total number of
				renewable energy credits certified by the program administrator during each
				month of the reporting period.
General Authority: NDCC
					 49-02-01,
					 49-02-24,
					 49-02-25,
					 49-02-26
Law Implemented: NDCC
					 49-02-24,
					 49-02-25,
					 49-02-26
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-08 - Renewable Electricity and Recycled Energy Tracking System › Section 69-09-08-06 - Production and transfer of renewable energy certificates

Current through Supplement No. 393, July, 2024
The program administrator shall administer a tracking
				  program for renewable energy certificates in accordance with the requirements
				  of this chapter.
1. The transfer of
				renewable energy certificates between parties is effective only when the
				transfer is recorded by the program administrator.
2. The program administrator shall require
				that renewable energy certificates be adequately identified prior to recording
				a transfer and shall issue a confirmation of the transaction to parties when
				the transfer is recorded.
3. The
				program administrator shall establish a procedure to ensure that the award,
				transfer, and retirement of certificates are accurately recorded.
General Authority: NDCC
					 49-02-01,
					 49-02-24,
					 49-02-25,
					 49-02-26
Law Implemented: NDCC
					 49-02-24,
					 49-02-25,
					 49-02-26
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-08 - Renewable Electricity and Recycled Energy Tracking System › Section 69-09-08-07 - Registration and certification of renewable energy facilities

Current through Supplement No. 393, July, 2024
To be awarded renewable energy certificates, a designated
				  representative must complete the registration process described in this
				  section.
1. The designated
				representative shall register with the program administrator each renewable
				energy generation unit. At a minimum, the registration must include the
				location, owner, technology, rated capacity of the facility, and evidence that
				the facility meets the resource eligibility criteria in North Dakota Century
				Code section
				49-02-25.
2. After verifying the information required
				in the registration process for renewable facilities, the program administrator
				shall create a renewable energy certificate account for the designated
				representative of the renewable energy resource.
3. The commission or its program
				administrator may make onsite visits to any registered unit of a renewable
				energy resource and may revoke the registration of any unit not in compliance
				with applicable law and rules.
4.
				A renewable energy facility may not be awarded renewable energy certificates
				under this program if it is not registered.
5. Any disputes will be resolved using
				dispute resolution procedures established by the commission or its program
				administrator.
General Authority: NDCC
					 49-02-01,
					 49-02-24,
					 49-02-25,
					 49-02-26
Law Implemented: NDCC
					 49-02-24,
					 49-02-25,
					 49-02-26
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-08 - Renewable Electricity and Recycled Energy Tracking System › Section 69-09-08-08 - Annual reporting requirements for retail providers

Current through Supplement No. 393, July, 2024
The annual progress report required by North Dakota Century
				  Code section
				  49-02-34 must be filed in the form
				  and detail the commission may require.
General Authority: NDCC
					 49-02-34
Law Implemented: NDCC
					 49-02-34
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-09 - Wind Facility Decommissioning › Section 69-09-09-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Capacity
				factor" means the ratio of the actual output generated by a facility for a
				period of time, to the output that could be produced at the nameplate
				generating capacity of that facility.
2. "Certificate of operation" means an
				affidavit executed by the owner certifying to the commission a facility's:
a. Nameplate generating capacity;
b. Annual capacity factor;
c. Annual megawatt hour output; and
d. Monthly megawatt hour output.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-09 - Wind Facility Decommissioning › Section 69-09-09-02 - Decommissioning responsibility

Current through Supplement No. 393, July, 2024
The owner is responsible for decommissioning the facility and
				  for all costs associated with decommissioning.
General Authority:
NDCC 28-32-02,
					 49-02-27
Law Implemented:
NDCC
					 49-02-27
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-09 - Wind Facility Decommissioning › Section 69-09-09-03 - Abandonment and useful life - Certificate of operation

Current through Supplement No. 393, July, 2024
1. After construction of a facility is
				complete, the owner annually shall file a certificate of operation with the
				commission for that facility by April first of each year.
2. If no energy is generated by one or more
				wind turbines for the time period specified in the certificate of operation, a
				written explanation for the nongenerating wind turbines must accompany the
				certificate of operation.
3. A
				facility is presumed to be at the end of its useful life if its annual capacity
				factor is less than ten percent for two consecutive years.
4. A facility is presumed to be abandoned if,
				after commencement of construction and prior to completion, a period of
				twenty-four consecutive months has passed with no significant
				construction.
5. A presumption
				under this section may be rebutted by filing a plan for commission approval
				outlining the steps and schedule for continuing construction or operation of
				the facility or wind turbine.
General Authority:
NDCC 28-32-02,
					 49-02-27
Law Implemented:
NDCC
					 49-02-27
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-09 - Wind Facility Decommissioning › Section 69-09-09-04 - Decommissioning period

Current through Supplement No. 393, July, 2024
The owner shall begin decommissioning within twelve months
				  after abandonment or the end of its useful life. Decommissioning must be
				  completed within twenty-four months after abandonment or the end of its useful
				  life unless the commission approves a plan specifying the steps and schedules
				  to return the facility to operation.
General Authority:
NDCC 28-32-02,
					 49-02-27
Law Implemented:
NDCC
					 49-02-27
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-09 - Wind Facility Decommissioning › Section 69-09-09-05 - Decommissioning requirements

Current through Supplement No. 393, July, 2024
1.
				Decommissioning the facility includes:
a.
				Dismantling and removal of all towers, turbine generators, transformers,
				fencing, overhead cables, inverters, transformers, substations and other
				equipment;
b. Removal of
				underground cables to a depth of twenty-four inches [60.96
				centimeters];
c. Removal of
				foundations, buildings, and ancillary equipment to a depth of:
(1) Three feet [91.44 centimeters] for
				facilities constructed before July 1, 2017; and
(2) Four feet [121.92 centimeters] for
				facilities constructed on or after July 1, 2017;
d. Site restoration and reclamation to the
				approximate original topography that existed prior to construction of the
				facility with topsoil respread over the disturbed areas at a depth similar to
				that in existence prior to the disturbance; and
e. Grading and restoring topsoil of areas
				disturbed by the facility, and reseeding according to natural resource
				conservation service recommendations, unless the commission approves an owner
				request signed by the applicable landowner, identifying the surface features
				the landowner prefers to remain in place, and the reason the landowner prefers
				those features to remain.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-09 - Wind Facility Decommissioning › Section 69-09-09-06 - Decommissioning plan

Current through Supplement No. 393, July, 2024
1. Prior to the commencement of operation of
				a facility, the owner shall have an approved decommissioning plan.
2. The commission shall make a determination
				on the decommissioning plan no later than sixty days after the decommissioning
				plan is deemed complete by the commission.
3. A decommissioning cost estimate for a
				facility:
a. Must be made by a professional
				engineer licensed by the state of North Dakota and at the owner's
				expense;
b. May include a
				decommissioning cost estimate, including salvage value, in addition to the
				decommissioning cost estimate, excluding salvage value;
c. Must be updated and filed with the
				commission ten years after initial approval of the decommissioning plan and
				then continue to be updated and filed with the commission every five years
				until decommissioning is complete.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-09 - Wind Facility Decommissioning › Section 69-09-09-07 - Existing facilities

Current through Supplement No. 393, July, 2024
The owner of an existing facility shall provide financial
				  assurance upon ten years of operation sufficient to complete
				  decommissioning.
General Authority:
NDCC 28-32-02,
					 49-02-27
Law Implemented:
NDCC
					 49-02-27
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-09 - Wind Facility Decommissioning › Section 69-09-09-08 - Financial assurance

Current through Supplement No. 393, July, 2024
1. Prior to
				commencement of construction of a facility, the owner shall provide financial
				assurance equal to five percent of the estimated cost of construction of the
				facility that may be used to decommission the facility in the event it is
				abandoned prior to operation. Within sixty days of receipt of written notice
				from the owner that the facility is commercially operational and receipt of
				financial assurance pursuant to subsection 2, the commission shall return or
				release said financial assurance provided to the commission.
2. Prior to commencement of operation of a
				facility, the owner shall provide financial assurance that is acceptable to the
				commission and sufficient to ensure complete decommissioning.
3. Financial assurance may be in the form of
				a performance bond either as, or combination of, cash escrow held by a federal
				insured financial institution, a surety bond, irrevocable letter of credit,
				guarantee, parent guarantee, or another form of financial assurance that is
				acceptable to the commission to cover the anticipated costs of decommissioning.
4. The commission may allow the
				owner to provide financial assurance through an incremental bond schedule. To
				be given consideration, an incremental bond schedule must include an initial
				bond increment prior to commencement of operation.
5. The commission may accept a guarantee or
				parent guarantee if:
a. The owner has been in
				continuous operation as a business entity for five years preceding the
				application. The commission may accept a guarantee with less than five years of
				continuous operation if guaranteed with a parent guarantee and the parent
				company has been in operation for at least five years preceding the
				application; and
b. The owner or
				parent guarantor has or is one of the following:
(1) A current rating in the "A" category or
				higher for its most recent bond issuance or issuer rating as issued by Moody's
				Investors Service, Standard and Poor's Corporation, or an equivalent rating by
				any other nationally recognized statistical rating organization, as defined and
				approved by the United States securities and exchange commission, that is
				acceptable to the commission. If an organization has different ratings among
				various rating organizations, the commission shall accept the higher of the
				ratings;
(2) A tangible net worth
				of at least ten million dollars, a ratio of total liabilities to net worth of
				2.5 or less, and a ratio of current assets to current liability of 1.2 or
				greater; or
(3) An electric public
				utility as defined by subsection 2 of North Dakota Century Code section
				49-03-01.5.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-09 - Wind Facility Decommissioning › Section 69-09-09-09 - Failure to decommission

Current through Supplement No. 393, July, 2024
If the owner does not complete decommissioning, the
				  commission may take action to complete decommissioning, including action to
				  require forfeiture of a bond. The entry into a participating landowner
				  agreement shall constitute agreement and consent of the parties to the
				  agreement, their respective heirs, successors, and assigns, that the commission
				  may take such action as may be necessary to decommission a facility, including
				  the exercise by the commission, commission staff, and their contractors of the
				  right of ingress and egress for the purpose of decommissioning the
				  facility.
General Authority:
NDCC 28-32-02,
					 49-02-27
Law Implemented:
NDCC
					 49-02-27
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-09 - Wind Facility Decommissioning › Section 69-09-09-10 - Wind energy conversion facility - Waiver

Current through Supplement No. 393, July, 2024
The commission may grant a waiver of any requirement
				  described in sections
				  69-09-09-03,
				  69-09-09-06,
				  or
				  69-09-09-08
				  for a commercial wind energy conversion facility with a nameplate generating
				  capacity of no more than five megawatts of electricity upon a motion
				  demonstrating good cause for the waiver.
General Authority:
NDCC 28-32-02,
					 49-02-27
Law Implemented:
NDCC
					 49-02-27
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-10 - SOLAR FACILITY DECOMMISSIONING › Section 69-09-10-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Capacity
				factor" means the ratio of the actual output generated by a facility for a
				period of time, to the output that could be produced at the nameplate
				generating capacity of that facility.
2. "Certificate of operation" means an
				affidavit executed by the owner certifying to the commission a facility's:
a. Nameplate generating capacity;
b. Annual capacity factor;
c. Annual megawatt hour output; and
d. Monthly megawatt hour output.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-10 - SOLAR FACILITY DECOMMISSIONING › Section 69-09-10-02 - Decommissioning responsibility

Current through Supplement No. 393, July, 2024
The owner is responsible for decommissioning the facility and
				  for all costs associated with decommissioning.
General Authority:
NDCC 28-32-02,
					 49-02-27
Law Implemented:
NDCC
					 49-02-27
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-10 - SOLAR FACILITY DECOMMISSIONING › Section 69-09-10-03 - Abandonment and useful life - Certificate of operation

Current through Supplement No. 393, July, 2024
1. After construction of a facility is
				complete, the owner annually shall file a certificate of operation with the
				commission for that facility by April first of each year.
2. A facility is presumed to be at the end of
				its useful life if its annual capacity factor is less than five percent for two
				consecutive years.
3. A facility is
				presumed to be abandoned if, after commencement of construction and prior to
				completion, a period of twenty-four consecutive months has passed with no
				significant construction.
4. A
				presumption under this section may be rebutted by filing a plan for commission
				approval outlining the steps and schedule for continuing construction or
				operation of the facility.
General Authority:
NDCC 28-32-02,
					 49-02-27
Law Implemented:
NDCC
					 49-02-27
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-10 - SOLAR FACILITY DECOMMISSIONING › Section 69-09-10-04 - Decommissioning period

Current through Supplement No. 393, July, 2024
The owner shall begin decommissioning within twelve months
				  after abandonment or the end of its useful life. Decommissioning must be
				  completed within twenty-four months after abandonment or the end of its useful
				  life unless the commission approves a plan specifying the steps and schedules
				  to return the facility to operation.
General Authority:
NDCC 28-32-02,
					 49-02-27
Law Implemented:
NDCC
					 49-02-27
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-10 - SOLAR FACILITY DECOMMISSIONING › Section 69-09-10-05 - Decommissioning requirements

Current through Supplement No. 393, July, 2024
1.
				Decommissioning the facility includes:
a.
				Dismantling and removal of all panel racking, photovoltaic modules, supports,
				anchors, towers, fencing, overhead cables, inverters, transformers,
				substations, and other equipment;
b. Removal of underground cables to a depth
				of twenty-four inches [60.96 centimeters];
c. Removal of pilings and anchors,
				foundations, buildings. and ancillary equipment to a depth of four feet [121
				.92 centimeters].
d. Site
				restoration and reclamation to the approximate original topography that existed
				prior to construction of the facility with topsoil respread over the disturbed
				areas at a depth similar to that in existence prior to the disturbance;
				and
e. Grading and restoring
				topsoil of areas disturbed by the facility, and reseeding according to natural
				resource conservation service recommendations.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-10 - SOLAR FACILITY DECOMMISSIONING › Section 69-09-10-06 - Decommissioning plan

Current through Supplement No. 393, July, 2024
1. Prior to the
				commencement of operation of a facility, the owner shall have an approved
				decommissioning plan.
2. The
				commission shall make a determination on the decommissioning plan no later than
				sixty days after the decommissioning plan is deemed complete by the
				commission.
3. A decommissioning
				cost estimate for a facility:
a. Must be made
				by a professional engineer licensed by the state of North Dakota and at the
				owner's expense;
b. May include a
				decommissioning cost estimate, including salvage value, in addition to the
				decommissioning cost estimate, excluding salvage value;
c. Must be updated and filed with the
				commission ten years after initial approval of the decommissioning plan and
				then continue to be updated and filed with the commission every five years
				until decommissioning is complete.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-10 - SOLAR FACILITY DECOMMISSIONING › Section 69-09-10-07 - Existing facilities

Current through Supplement No. 393, July, 2024
The owner of an existing facility shall provide financial
				  assurance upon ten years of operation sufficient to complete
				  decommissioning.
General Authority:
NDCC 28-32-02,
					 49-02-27
Law Implemented:
NDCC
					 49-02-27
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-10 - SOLAR FACILITY DECOMMISSIONING › Section 69-09-10-08 - Financial assurance

Current through Supplement No. 393, July, 2024
1. Prior to
				commencement of construction of a facility, the owner shall provide financial
				assurance equal to five percent of the estimated cost of construction of the
				facility that may be used to decommission the facility in the event it is
				abandoned prior to operation. Within sixty days of receipt of written notice
				from the owner that the facility is commercially operational and receipt of
				financial assurance pursuant to subsection 2, the commission shall return or
				release said financial assurance provided to the commission.
2. Prior to commencement of operation of a
				facility, the owner shall provide financial assurance that is acceptable to the
				commission and sufficient to ensure complete decommissioning.
3. Financial assurance may be in the form of
				a performance bond either as, or combination of, cash escrow held by a federal
				insured financial institution, a surety bond, irrevocable letter of credit,
				guarantee, parent guarantee, or another form of financial assurance that is
				acceptable to the commission to cover the anticipated costs of
				decommissioning.
4. The commission
				may allow the owner to provide financial assurance through an incremental bond
				schedule. To be given consideration, an incremental bond schedule must include
				an initial bond increment prior to commencement of operation.
5. The commission may accept a guarantee or
				parent guarantee if:
a. The owner has been in
				continuous operation as a business entity for five years preceding the
				application. The commission may accept a guarantee with less than five years of
				continuous operation if guaranteed with a parent guarantee and the parent
				company has been in operation for at least five years preceding the
				application; and
b. The owner or
				parent guarantor has or is one of the following:
(1) A current rating in the "A" category or
				higher for its most recent bond issuance or issuer rating as issued by Moody's
				Investors Service, Standard and Poor's Corporation, or an equivalent rating by
				any other nationally recognized statistical rating organization, as defined and
				approved by the United States securities and exchange commission, that is
				acceptable to the commission. If an organization has different ratings among
				various rating organizations, the commission shall accept the higher of the
				ratings;
(2) A tangible net worth
				of at least ten million dollars, a ratio of total liabilities to net worth of
				2.5 or less, and a ratio of current assets to current liability of 1.2 or
				greater; or
(3) An electric public
				utility as defined by subsection 2 of North Dakota Century Code section
				49-03-01.5.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-10 - SOLAR FACILITY DECOMMISSIONING › Section 69-09-10-09 - Failure to decommission

Current through Supplement No. 393, July, 2024
If the owner does not complete decommissioning, the
				  commission may take action to complete decommissioning, including action to
				  require forfeiture of a bond. The entry into a participating landowner
				  agreement constitutes agreement and consent of the parties to the agreement,
				  their respective heirs, successors, and assigns, that the commission may take
				  such action as may be necessary to decommission a facility, including the
				  exercise by the commission, commission staff, and their contractors of the
				  right of ingress and egress for the purpose of decommissioning the
				  facility.
General Authority:
NDCC 28-32-02,
					 49-02-27
Law Implemented:
NDCC
					 49-02-27
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-10 - SOLAR FACILITY DECOMMISSIONING › Section 69-09-10-10 - Solar energy conversion facility - Waiver

Current through Supplement No. 393, July, 2024
The commission may grant a waiver of any requirement
				  described in sections 69-09-10-03, 69-09-10-06, or 69-09-10-08 for a commercial
				  solar energy conversion facility with a nameplate generating capacity of no
				  more than five megawatts of electricity upon a motion demonstrating good cause
				  for the waiver.
General Authority:
NDCC 28-32-02,
					 49-02-27
Law Implemented:
NDCC
					 49-02-27
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-11 - Common Pipeline Carriers › Section 69-09-11-01 - Pipeline carrier tariffs

Current through Supplement No. 393, July, 2024
A common pipeline carrier shall maintain its tariffs and have
				  them available for production upon commission request.
General Authority:
NDCC 28-32-02,
					 49-19-17
Law Implemented:
NDCC
					 49-19-17
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-12 - Resource Plans and security › Section 69-09-12-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Resource plan" means a set of resource
				options an electric public utility plans to use to meet the electric capacity
				and energy requirements of the utility's customers over a planning horizon,
				including an explanation of the electric supply and demand circumstances when
				each resource option would be used to meet the capacity and energy needs in an
				adequate and reliable manner.
2.
				"Externality" means numerical costs or quantified values assigned to represent
				environmental costs that are not internalized in the cost of production, or the
				market price of electricity from a particular electric resource or the alleged
				costs of complying with future environmental laws or regulations that have not
				yet been enacted.
3. "Renewable
				integration cost" means the cost of measures to help meet the incremental needs
				of the system as more renewable energy is added to the resource mix.
4. "Unserved energy" means the amount of
				end-customer demand measured in megawatt-hours that cannot be supplied due to a
				deficiency of generation either generated or imported by the electric public
				utility or transmission capacity.
5. "Security" means physical security and
				cybersecurity.
General Authority:
NDCC 49-02-04
Law Implemented:
NDCC 49-05-04.4,
					 49-05-17
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-12 - Resource Plans and security › Section 69-09-12-02 - Resource plan procedure

Current through Supplement No. 393, July, 2024
1. An electric
				public utility shall file a resource plan on a three-year cycle. The electric
				public utility may file a supplement to the plan with necessary updates and
				shall file a supplement upon commission request.
2. The commission may investigate a resource
				plan. Foregoing an investigation or inaction upon completion of an
				investigation does not bind the commission in the commission's review of a
				resource plan in conjunction with a rate case or bind the commission for the
				purpose of setting rates.
3. The
				commission shall issue a notice of opportunity to comment on the resource plan
				when opening an investigation under subsection 2. The comment period must
				remain open for a period of sixty days, unless ordered otherwise by the
				commission.
4. During an
				investigation, an electric public utility may request a commission
				determination on any issue related to the resource plan. Approval, rejection,
				or modification of a resource plan, or a commission determination may be
				presented as prima facie evidence in other proceedings.
5. The commission shall designate by order
				the commencement of the cycle wherein a resource plan must be filed. The
				commission may allow for a variance from a filing requirement or procedure upon
				request.
General Authority:
NDCC 49-02-04
Law Implemented:
NDCC 49-05-04.4,
					 49-05-17
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-12 - Resource Plans and security › Section 69-09-12-03 - Resource plan attributes

Current through Supplement No. 393, July, 2024
1. A resource plan
				must identify the resources needed to meet forecasted capacity and energy
				needs, including a reserve requirement, subject to various objectives,
				including reliability, planning, operational, and regulatory requirements. The
				resource plan must provide a North Dakota preferred plan.
2. If an electric public utility's existing
				resources are inadequate to meet forecasted capacity and energy requirements,
				the utility shall identify in the resource plan the proposed actions to meet
				current and future electric capacity and energy needs, including generating
				facility additions of various types, sizes, fuel types, any known new
				transmission facilities, life extensions of existing generation facilities,
				load-modifying equipment, sponsored conservation programs, market purchases,
				power purchases from other utilities, and contracted capacity.
3. All resources must be evaluated on a
				consistent and comparable basis, and the resource plan must describe, and
				select resources representing the least-cost plan for providing adequate, safe,
				and reliable service to ratepayers consistent with the public interest and
				North Dakota energy policy.
4. The
				resource plan must have a planning horizon of at least fifteen years detailing
				both supply-side and demand-side resources.
5. The resource plan must describe how the
				electric public utility intends to meet the forecasted capacity and energy
				needs within the next five years, along with construction and in-service
				timelines for generation and associated interconnection and network upgrade and
				new transmission facilities. The resource plan also must describe how the
				electric public utility intends to meet the forecasted energy and capacity
				needs for at least a fifteen-year planning horizon.
6. Except as otherwise required by law or by
				order of the commission, the North Dakota preferred plan may not select
				resources based on a carbon cost, greenhouse gas reduction goals, renewable
				energy standards, emissions goal, or other externalities.
7. The electric public utility may provide
				alternative scenarios with sensitivities based on proposed and current federal,
				state, and utility goals and mandates relating to carbon cost, emissions goal,
				or other externalities.
8. The
				electric public utility shall describe how scenarios and sensitivities
				influenced the selection of the North Dakota preferred plan. The scenarios and
				sensitivities must be evaluated on a consistent and comparable basis, and the
				utility shall identify and assess the risks of each scenario and
				sensitivity.
General Authority:
NDCC 49-02-04
Law Implemented:
NDCC 49-05-04.4,
					 49-05-17
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-12 - Resource Plans and security › Section 69-09-12-04 - Filing requirements

Current through Supplement No. 393, July, 2024
1. The resource
				plan must describe the:
a. Key data,
				assumptions, model inputs, information used in producing forecasts and models,
				and how uncertainties in assumptions were incorporated into the
				analysis;
b. Type, cost, and
				relevant operating characteristics of demand-side and supply-side resources
				considered and a description of the type and cost of additional transmission
				facilities necessitated by the resources;
c. Modeling and methodological approach to
				load forecasting, an assessment of load forecast uncertainty, and the cost and
				effectiveness of existing and future utility and state-sponsored conservation
				and load management efforts;
d.
				Projected load for the electric public utility over the planning horizon and
				the underlying assumptions for the projection. The information must be as
				geographically specific as possible and describe how the electric public
				utility will meet the projected load; and
e. Criteria used in determining the
				appropriate level of reliability, including any required reserve or capacity
				margin seasonal accreditation levels and how the determinations influenced the
				resource plan.