reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-02 - Standards of Service - Electric › Section 69-09-02-31 - Cooperation

Current through Supplement No. 393, July, 2024
A utility contemplating new construction, or changes in
				  construction or operating conditions of its facilities, should make every
				  reasonable effort to avoid conflicts or interference with other public service
				  facilities in situations or proximity. It shall be the duty of utilities
				  concerned to cooperate, and to adopt, after full consideration of all factors,
				  the best engineering solution to problems of conflict and interference due to
				  unavoidable proximity of facilities.
General Authority:
NDCC
					 49-02-04 Law
Implemented:
NDCC
					 49-02-04,
					 49-20-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-02 - Standards of Service - Electric › Section 69-09-02-32 - Advance notice

Current through Supplement No. 393, July, 2024
It shall be the duty of a utility to give advance notice (at
				  least sixty days where practicable, but not less than twenty days) to other
				  utilities serving in the same general territory of contemplated new
				  construction, or of changes in construction of operating conditions of its
				  facilities in situations of existing or anticipated
				  proximity.
General Authority:
NDCC
					 49-02-04 Law
Implemented:
NDCC
					 49-02-04,
					 49-20-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-02 - Standards of Service - Electric › Section 69-09-02-33 - Principle of least cost

Current through Supplement No. 393, July, 2024
It shall be the duty of utilities, when coordination of
				  facilities is necessary to avoid or mitigate conflicts or interference, to
				  adopt, after a full consideration of all factors, the most practicable method
				  which provides the greatest present and future economy and convenience in
				  rendering the services involved irrespective of whether the selected method
				  applies to electric supply or signal systems or both.
General Authority:
NDCC
					 49-02-04
Law Implemented:
NDCC
					 49-02-04,
					 49-20-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-02 - Standards of Service - Electric › Section 69-09-02-34 - Location of lines

Current through Supplement No. 393, July, 2024
In situations where communication lines and electric supply
				  lines on the same right of way are not to occupy joint poles oi where either
				  kind of line is alone on a right of way, all communication lines shoulc be
				  placed on one side of the right of way and all electric supply lines should be
				  placed on the other side.
In the construction or reconstruction of electric supply and
				  communication lines, unnecessary crossings of the right of way from side to
				  side should be avoided.
Overbuilding of one line by another line should be avoided
				  where practicable. Where necessary for different types of lines to occupy the
				  same side of a right oi way, joint use is generally preferable to
				  overbuilding.
General Authority:
NDCC
					 49-02-04
Law Implemented:
NDCC
					 49-02-04,
					 49-20-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-02 - Standards of Service - Electric › Section 69-09-02-35 - Installation and maintenance - Conformance to National Electrical Safety Code

Current through Supplement No. 393, July, 2024
The installation and maintenance of electric supply and
				  communication lines shall conform to rules and regulations established in the
				  2017 edition of the National Electrical Safety Code which is adopted by
				  reference. Copies of these regulations may be obtained from the public service
				  commission, state capitol, Bismarck, North Dakota 58505-0480.
General Authority:
NDCC 49-02-04
Law Implemented:
NDCC 49-02-04,
					 49-20-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-02 - Standards of Service - Electric › Section 69-09-02-36 - Raising and lowering electric supply and communicationlines

Current through Supplement No. 393, July, 2024
1. If the
				circumstances necessitate the raising or lowering of electric supply or
				communication lines to permit the movement of buildings or other bulky objects,
				the person in charge of such movement shall give the official in charge of the
				lines preliminary advance notice thereof not less than ninety-six hours prior
				to the time of crossing, unless a shorter notice is mutually agreed upon. The
				preliminary advance notice shall include the following information:
a. The name and address of the owner, and
				mover, of the building or other object to be transported.
b. The location of the proposed
				crossings.
c. The height, when
				mounted, of the building or other object aboveground.
The person in charge of the movement of a building or other
				  bulky object shall give the official in charge of electric supply or
				  communication lines final advance notice not less than twenty-four hours prior
				  to the time of crossing, and shall then specify the day and hour of arrival at
				  the proposed crossings.
If, in the opinion of the official in charge of electric
				  supply or communication lines, the proposed crossings will necessarily cause a
				  serious interruption of services provided by the line, then the raising or
				  lowering of the line shall be made at such time as to cause least inconvenience
				  to the users thereof. The time of crossing, in that case, shall be fixed by the
				  official in charge of the line after due consideration of all factors involved,
				  including any requirements imposed by law upon the mover; but, except by mutual
				  agreement, the time shall not be later than twenty-four hours after the time of
				  crossing specified in the final advance notice. However, if, in the opinion of
				  the official, any interruption of service provided by the line will materially
				  affect public health, safety, or welfare, then the official in charge of the
				  line may petition the commission for authority to refuse the request for
				  crossing. The official in charge of electric supply or communication lines may
				  require that all requests for crossing of lines under the official's
				  supervision be in writing.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-02 - Standards of Service - Electric › Section 69-09-02-38 - Advertising by electric utilities

Current through Supplement No. 393, July, 2024
1. Definitions. For
				purposes of this section:
a. "Advertising"
				means the commercial use, by an electric utility, of any media, including
				newspaper, printed matter, radio, and television, in order to transmit a
				message to a substantial number of members of the public or to the utility's
				electric customers.
b.
				"Institutional advertising" means advertising which has as its primary
				objective the enhancement or preservation of the corporate image of the utility
				and to present it in a favorable light to the general public and
				investors.
c. "Political
				advertising" means any advertising for the purpose of influencing public
				opinion with respect to legislative, administrative, or electoral matters, or
				with respect to any controversial issue of public importance.
d. "Promotional advertising" means any
				advertising for the purpose of encouraging any person to select or use the
				service or additional service of an electric utility or the selection or
				installation of any appliance or equipment designed to use the utility's
				service.
e. "Institutional
				advertising", "political advertising", and "promotional advertising" do not
				include:
(1) Advertising which informs
				electric customers how they can conserve energy or can reduce peak demand for
				electric energy.
(2) Advertising
				required by law or regulations.
(3)
				Advertising relating to service interruptions, safety measures, or emergency
				conditions.
(4) Advertising
				concerning employment opportunities with an electric utility.
(5) Advertising which promotes the
				conservation of limited resources, the use of more plentiful resources, or the
				use of energy efficient appliances, equipment, or services.
(6) Any explanation or justification of
				existing or proposed rate schedules, or notifications of hearings
				thereon.
(7) Advertising determined
				by the commission to benefit customers and serve the public interest.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-02 - Standards of Service - Electric › Section 69-09-02-39 - Automatic adjustment clauses

Current through Supplement No. 393, July, 2024
1. As used in this
				section, the term "automatic adjustment clause" means a tariff provision that
				provides for increases or decreases, or both, without prior hearing, in rates
				reflecting increases or decreases, or both, in energy costs incurred by an
				electric utility.
2. An automatic
				adjustment clause that does not conform to the principles set out in this
				section may not be in the public interest. This section contemplates that the
				filing of a proposed rate tariff that includes a nonconforming automatic
				adjustment clause may result in suspension of all or part of the
				tariff.
3. The automatic adjustment
				clause must be in a form that provides for periodic adjustments per
				kilowatt-hour of sales equal to the difference between the energy cost per
				kilowatt-hour of sales in the base period and in the current period in
				accordance with the following formula:
Adjustment Factor = (Fm - Sm) - (Fb - Sb)
For the purposes of this formula: "Fm" is the expense of
				  fossil and nuclear fuel in the current period; "Fb" is the expense of fossil
				  and nuclear fuel in the base period; "Sm" is the kilowatt-hour sales in the
				  current period; and "Sb" is the kilowatt-hour sales in the base period. The
				  energy costs per kilowatt-hour for the current period shall be calculated from
				  data covering actual costs from the most recent four-month period as follows:
				  Energy costs for actual months 1, 2, 3, and 4 plus unrecovered (or less
				  overrecovered) prior cumulative energy costs divided by kilowatt-hour sales for
				  actual months 1, 2, 3, and 4 equals the energy cost adjustment for month
				  6.
4. Energy costs (F) are
				the cost of:
a. Fuel consumed in the utility's
				own plants, and the utility's share of fossil and nuclear fuel consumed in
				jointly owned or leased plants;
b.
				The actual identifiable fuel costs associated with energy purchased for reasons
				other than those identified in subdivision c;
c. The net energy cost of energy purchases,
				exclusive of capacity or demand charges, irrespective of the designation
				assigned to such transaction, when such energy is purchased:
(1) On an economic dispatch basis. Included
				therein may be such costs as the charges for economic energy purchases and the
				charges as a result of scheduled outage, all such kinds of energy being
				purchased by the buyer to substitute for its own higher cost energy;
(2) From a renewable energy source, including
				hydropower, wood, windpower, and biomass; and
(3) From a qualifying facility as defined in
				18 CFR part 292;
d. Less
				the cost of fuel recovered through intersystem sales including the fuel costs
				related to economy energy sales and other energy sold on an economic dispatch
				basis.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-03 - Pipeline Safety › Section 69-09-03-01 - Safety

Current through Supplement No. 393, July, 2024
Pipeline facilities used for the intrastate distribution and
				  transmission of natural and other gas, liquefied natural gas, or hazardous
				  liquids shall be designed, constructed, and operated to meet the safety
				  standards set forth in regulations of the United States department of
				  transportation adopted in section
				  69-09-03-02. The commission may
				  require such proof of compliance as it deems necessary.
General Authority:
NDCC
					 28-32-02,
					 49-02-04
Law Implemented:
NDCC
					 49-02-01.2,
					 49-02-04
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-03 - Pipeline Safety › Section 69-09-03-02 - Adoption of regulations

Current through Supplement No. 393, July, 2024
The following parts of title 49, Code of Federal Regulations
				  in effect as of September 6, 2023, are adopted by reference:
1. Part 190 - Pipeline Safety Programs and
				Rulemaking Procedures.
2. Part 191
				- Transportation of Natural Gas and Other Gas by Pipeline, Annual Reports,
				Incident Reports, and Safety-Related Condition Reports.
3. Part 192 - Transportation of Natural and
				Other Gas by Pipeline: Minimum Federal Safety Standards.
4. Part 193 - Liquefied Natural Gas
				Facilities: Federal Safety Standards.
5. Part 194 - Response Plans for Onshore Oil
				Pipelines.
6. Part 195 -
				Transportation of Hazardous Liquids by Pipeline.
7. Part 199 - Drug and Alcohol Testing.
Copies of these regulations may be obtained from:
Public Service Commission
600 East Boulevard Avenue, Dept. 408
Bismarck, ND 58505-0480
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
					 49-02-01.2
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-04 - Uniform Sign Standards - Railroad › Section 69-09-04-04 - Abandonment of railroad facilities - Exemption

Current through Supplement No. 393, July, 2024
Railroad companies need not seek commission approval to
				  remove facilities that have not been used to provide direct service to shippers
				  in the past three years. Companies, however, shall notify the commission and
				  persons leasing adjacent railroad property of proposed removals at least thirty
				  days prior to the removal date.
General Authority: NDCC
					 49-10.1-03
Law Implemented: NDCC
					 49-10.1-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-04 - Uniform Sign Standards - Railroad › Section 69-09-04-05 - Acquisition of right of way - Notice of intent

Current through Supplement No. 393, July, 2024
Persons intending to acquire operating railroad right of way
				  under North Dakota Century Code section
				  49-09-10.2 shall notify the
				  commission and provide it with the information specified by state law at least
				  thirty days prior to the earlier of:
1. The proposed acquisition date; or
2. The filing of related notices
				with the interstate commerce commission.
General Authority: NDCC 49-09-11.7
Law Implemented: NDCC
					 49-09-10.2
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-00.1 - Definitions

Current through Supplement No. 393, July, 2024
1. "Competitive local exchange company" means any
				  telecommunications company providing local exchange service, other than an
				  incumbent local exchange carrier, whether by its own facilities,
				  interconnection, or resale.
2. "Eligible telecommunications carrier" means a
				  telecommunications company designated under section 214(e) of the
				  Telecommunications Act of 1996 as eligible to receive universal service support
				  in accordance with section 254 of the Telecommunications Act of 1996.
3. "End user" means a person who uses telecommunications
				  service for the person's own use.
4. "Incumbent local exchange company" means a
				  telecommunications company that meets the definition of section 251(h) of the
				  Telecommunications Act of 1996.
5. "Lifeline service" means a retail local telecommunications
				  offering for which qualifying low-income consumers pay reduced recurring
				  charges for universal service.
6. "Link-up service" means a reduction in the carrier's
				  customary charge for commencing telecommunications service for a single
				  telecommunications connection at a consumer's principal place of residence.
7. "Local exchange company" means an incumbent or competitive
				  local exchange company.
8. "Telecommunications Act of 1996" means the
				  Telecommunications Act of 1996 [Pub. L 104-104; 110 Stat. 56;
				  47 U.S.C.
				  151 et seq.].
General Authority: NDCC
					 28-32-02,
					 49-21-01.7
Law Implemented: NDCC 49-21,
					 49-21-01.7
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-01 - Lowest priced service alternatives

Current through Supplement No. 393, July, 2024
Upon request of a residential customer or prospective
				  customer for service, the utility shall ask if such customer wishes to be
				  informed of the lowest priced service alternatives available from the utility,
				  and upon an affirmative response shall inform such customer of the lowest
				  priced service alternatives available from the utility at the customer's
				  location, giving full consideration to grades of service, equipment options,
				  and installation charges incident thereto. The lowest priced service
				  alternative includes service under the lifeline and link-up plans.
General Authority: NDCC
					 28-32-02,
					 49-21-01.7
Law Implemented: NDCC
					 49-21-01.4,
					 49-21-01.7,
					 49-21-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-02 - Discontinuance of telecommunications services

Current through Supplement No. 393, July, 2024
A utility may not discontinue telecommunications services,
				  except as provided in this section.
1. A utility may discontinue the essential
				services it provides:
a. If the customer is
				delinquent in payment for essential services, then essential services may be
				discontinued even though discontinuing the services results in the
				discontinuance of all telecommunications services.
b. If the customer is delinquent in payment
				for long-distance services rendered by a local exchange company or another
				company and billed by the local exchange company, but is not delinquent in
				payment for essential services rendered by the local exchange company, the
				local exchange company may discontinue the customer's local exchange services
				only at central offices lacking the technical ability to discontinue
				long-distance services while continuing to provide local exchange services.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-02.1 - Determination of delinquency

Current through Supplement No. 393, July, 2024
For the purpose of discontinuing or resuming
				  telecommunications service:
1. If a
				customer's partial payment on outstanding charges for telecommunications
				services excluding payments on a deferred installment agreement is less than
				the outstanding charges for essential services and federal access charges, the
				customer is delinquent in payment for essential services.
2. If a customer's partial payment on
				outstanding charges for telecommunications services excluding payments on a
				deferred installment agreement is equal to or greater than the outstanding
				charges for essential services and federal access charges, the customer is not
				delinquent in payment for essential services.
General Authority: NDCC
					 28-32-02,
					 49-21-01.7
Law Implemented: NDCC 49-21,
					 49-21-01.4,
					 49-21-01.7,
					 49-21-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-03 - Deposits and guarantees

Current through Supplement No. 393, July, 2024
1. Each
				telephone utility subject to the public service commission's jurisdiction may
				require each applicant for service to make a deposit not to exceed two times
				the estimated amount of one month's average bill. The utility shall each year
				pay interest on such deposit at the rate paid by the Bank of North Dakota on a
				six-month certificate of deposit. Such rate will be determined as of the first
				business day of each year on a six-month certificate of deposit with the
				smallest deposit required. The interest may be paid to the depositor or may be
				deducted from the depositor's indebtedness to the utility for telephone
				service. The payment or deduction for interest must be made during each
				calendar year, or whenever a deposit is refunded or service discontinued. The
				utility may accept in lieu of a cash deposit a contract signed by a guarantor,
				satisfactory to the utility, whereby the payment of a specified sum not to
				exceed the required cash deposit is guaranteed. The term of such contract must
				be indeterminate, but it must automatically terminate when the customer gives
				notice of service discontinuance to the utility or a change in location covered
				by the guarantee agreement or thirty days after written request for termination
				is made to the utility by the guarantor. However, no agreement may be
				terminated without the customer having made satisfactory settlement for any
				balance which the customer owes the utility. Upon termination of a guarantee
				contract, a new contract or a cash deposit may be required by the utility.
2. An eligible telecommunications
				carrier may not collect a service deposit in order to initiate lifeline
				service, if the qualifying low-income consumer voluntarily elects toll blocking
				from the carrier, where available. If toll blocking is unavailable, the carrier
				may charge a service deposit.
General Authority: NDCC
					 28-32-02,
					 49-21-01.7
Law Implemented: NDCC 49-21,
					 49-21-01.4,
					 49-21-01.7,
					 49-21-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-04 - Rules for resale of telecommunications services

Current through Supplement No. 393, July, 2024
1. Definitions.
a. "Premise cable" means telecommunications
				cable or channels on the reseller's side of the point of connection to the
				local exchange company (demarcation point).
b. "Prepayment" means payments made by
				customers of a reseller in advance of receiving service. Prepayment includes a
				deposit and any customer payment for telecommunications service in advance of
				receiving the full amount of service for which payment is made.
c. "Resale" means the subscription to local
				or long-distance telecommunications services and facilities by one entity, and
				reoffered for profit or with markup to others with or without enhancements.
				Where reoffered service is part of a package, and the package is offered for
				profit or markup, it is resale.
d.
				"Reseller" means a person reselling local or long-distance telecommunications
				services. The definition does not include pay telephone providers, but does
				include a cellular and personal communication service provider who resells
				cellular or other wireless service.
e. "Same continuous property" is contiguous
				real estate owned by the same individual, group of individuals, or other legal
				entity having title to the property. The property may be traversed by streets,
				ditches, or other similar manmade or natural terrain features provided that,
				but for terrain features, the property would be contiguous and provided that
				such terrain features are of a nature and dimension that it is reasonable to
				treat the property as contiguous.
f. "Shared tenant service provider" means a
				person reselling telecommunications services to the tenants of a building
				complex on the same continuous property or to parties with a community of
				interest.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-04.1 - Identification of intraLATA interexchange carriers

Current through Supplement No. 393, July, 2024
1. A local exchange carrier shall not
				identify a telecommunications company as an optional intrastate interexchange
				carrier unless the telecommunications company provides the local exchange
				company with evidence of an effective registration authorizing the provision of
				intrastate interexchange service.
2. A telecommunications company shall
				immediately notify in writing all local exchange companies for which it has
				requested identification as an optional intrastate interexchange carrier if the
				telecommunications company's authority to provide interexchange service is
				revoked or abandoned. A local exchange company shall cease to identify a
				telecommunications company as an optional intrastate interexchange carrier upon
				receipt of a written notice that the telecommunications company's authority to
				provide interexchange service has been revoked or abandoned.
General Authority: NDCC
					 28-32-02,
					 49-21-01.7
Law Implemented: NDCC
					 49-03.1-01,
					 49-03.1-03,
					 49-21
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-04.2 - Unauthorized service changes

Current through Supplement No. 393, July, 2024
A telecommunications company may not change a customer's
				  local or long-distance carrier without authorization from the customer
General Authority: NDCC
					 28-32-02,
					 49-21-01.7
Law Implemented: NDCC 49-21,
					 49-21-01.7,
					 49-21-02.4,
					 49-21-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-05 - Rules for the provision of operator services

Current through Supplement No. 393, July, 2024
1. Definitions.
a. "End user" means the person to whom
				operator service is provided.
b.
				"Operator service" means service provided to assist in the completion or
				billing of telephone calls through the use of a live operator or automated
				equipment. "Operator service" does not include completion of calls through an
				800 number or an access code when billed to an account previously established
				with the carrier by the end user, or the automated operator services provided
				by pay telephone sets with built-in automated operator messages.
c. "Operator service provider" means the
				person providing operator service.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-07 - Customer trouble reports

Current through Supplement No. 393, July, 2024
When a customer's service is found to be out of order or a
				  customer reports trouble, the local exchange telecommunications company shall
				  test its facilities to determine if the problem is with the local exchange
				  company's facilities. If it is, the local exchange company shall correct the
				  trouble promptly. There may be no charge to the customer to test to determine
				  if the problem is on the local exchange company's facilities or to correct a
				  problem on the local exchange company's facilities. A local exchange company
				  shall inform a customer in advance what charges will be assessed to identify or
				  correct a problem located on the customer's facilities.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC 49-21,
					 49-21-01.7
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-08 - Adoption of regulations

Current through Supplement No. 393, July, 2024
The following parts of title 47, Code of Federal Regulations
				  in effect as of July 17, 1997, are adopted by reference:
Part 54 - Universal Service, Subpart F - Universal Service
				  Support for Schools and Libraries.
Copies of these regulations may be obtained from:
Public Service Commission
State Capitol
Bismarck, North Dakota 58505-0480
General Authority: NDCC
					 28-32-02,
					 49-02-01
Law Implemented: NDCC
					 49-21
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-09 - 911 and E-911 service

Current through Supplement No. 393, July, 2024
Each competitive local exchange company shall provide 911 or
				  E-911 service that is comparable to the 911 or E-911 service provided by the
				  incumbent local exchange company operating in each respective service area in
				  which the competitive local exchange company offers service.
General Authority: NDCC
					 28-32-02,
					 49-21-01.7
Law Implemented: NDCC 49-21,
					 49-21-01.7,
					 49-21-07,
					 49-21-24
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-10 - Registration - Procedure

Current through Supplement No. 393, July, 2024
1. A
				reseller or competitive facilities-based provider desiring authority to provide
				service in North Dakota shall register on a form provided by the commission.
				The registration shall include identification of the applicant's authority to
				do business in North Dakota.
2. A
				reseller shall follow the procedure set forth in section
				69-09-05-04.
3. When a registered company intends to
				assign its authority to provide telecommunications service in North Dakota to
				another entity, the assignee must first register with the commission.
4. A registered company may
				voluntarily, without commission approval, surrender its authority by notifying
				the commission in writing and updating its registration to reflect this
				surrender.
5. A competitive local
				exchange company intending to surrender its authority to provide local exchange
				service must provide twenty days' prior written notice to the company's
				customers.
General Authority: NDCC
					 28-32-02,
					 49-21-01.7
Law Implemented: NDCC
					 49-03.1-01,
					 49-03.1-03,
					 49-21
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-11 - Certificate of public convenience and necessity for incumbent local telecommunications company - Procedure

Current through Supplement No. 393, July, 2024
1. An
				applicant for a certificate of public convenience and necessity as an incumbent
				local exchange company shall file an application with the commission which
				includes evidence of the applicant's authority to do business in North Dakota,
				conforms to the commission's rules of practice and procedure under article
				69-02, and which identifies:
a. The type of
				service the applicant intends to provide.
b. The service area or areas in which the
				applicant intends to provide service.
c. How the applicant meets the issues to be
				considered in the application.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-12 - Eligible telecommunications carrier applications and advertising

Current through Supplement No. 393, July, 2024
1. A
				telecommunications company that desires designation as an eligible
				telecommunications carrier as that term is defined in the Telecommunications
				Act of 1996 shall make application for such designation with the commission.
2. An application for designation
				as an eligible telecommunications carrier must specifically identify:
a. The proposed designated service area.
				Applicants that will not be classified as the incumbent local exchange carrier
				shall identify the incumbent local exchange carrier study areas that are
				located, in whole or in part, in the proposed designated service area;
b. How the applicant meets the
				requirements for designation as an eligible telecommunications carrier;
c. Whether the applicant requires
				a waiver of any eligible telecommunications carrier requirement; and
d. If a waiver is required, the specific
				reasons for the waiver and the length of time for which the waiver is required.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-13 - Essential service provider bills

Current through Supplement No. 393, July, 2024
A provider of essential service, on any bill issued for the
				  provision of essential services, shall:
1. Clearly disclose its name, business
				address, and a toll-free customer inquiry telephone number. The company name
				and business address must also be made available via the toll-free customer
				inquiry number;
2. Clearly and
				separately identify the essential services for which the bill is issued;
3. Clearly identify all taxes,
				fees, and surcharges associated with the essential services for which the bill
				is issued; and
4. Disclose that
				the provision of essential services may not be discontinued by the provider for
				nonpayment of charges for nonessential services or use other language that
				complies with federal billing rules.
General Authority: NDCC
					 28-32-02,
					 49-02-01.1,
					 49-21-01.7
Law Implemented: NDCC 49-21,
					 49-21-01.4,
					 49-21-01.7,
					 49-21-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05 - Standards of Service - Telephone › Section 69-09-05-14 - Procedure for filing negotiated interconnection agreements

Current through Supplement No. 393, July, 2024
Carrier-to-carrier interconnection agreements adopted by
				  negotiation must be filed for commission approval under 47 U.S.C. section
				  252(e), following the procedure set out in this section.
1. The requirements of this section apply to
				interconnection agreements negotiated under 47 U.S.C. section 251; assignments,
				assumptions or transfers of interconnection agreements; amendments to
				interconnection agreements; and agreements for Qwest platform plus (QPP)
				services. The requirements of this section do not apply to commercial line
				sharing agreements.
2. Each filing
				must include a completed cover sheet in a form prescribed by the commission.
3. Filed interconnection
				agreements will be listed on the commission internet site for comment by
				interested parties. The internet listing will include the date each agreement
				was filed and links to the agreement itself.
4. The commission will accept written
				comments on a listed agreement for sixty days from the date filed.
5. Absent commission action within ninety
				days of filing to disapprove an agreement, or portion thereof, the agreement
				will be deemed approved under 47 U.S.C. section 252(e)(4).
6. Any assignment, assumption, or transfer of
				an approved interconnection agreement requires notification to be filed with
				the commission within thirty days after the assignment, assumption, or transfer
				occurs.
7. Any amendment to an
				interconnection agreement requires a new filing with a new ninety-day review
				and comment period.
General Authority: NDCC
					 28-32-02,
					 49-21-01.7
Law Implemented: NDCC 49-21,
					 49-21-01.7
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05.1 - Accounting Practices › Section 69-09-05.1-01 - Accounting practices - Rate-regulated telecommunications companies

Current through Supplement No. 393, July, 2024
The system of accounts used by all North Dakota
				  telecommunications companies subject to rate regulation by the commission shall
				  conform to the uniform system of accounts set forth in title 47, Code of
				  Federal Regulations, part 32, prescribed by the federal communications
				  commission by order of May 1, 1986, which is adopted by reference.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-02-12
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05.1 - Accounting Practices › Section 69-09-05.1-02 - Accounting practices - Rate-regulated gas companies

Current through Supplement No. 393, July, 2024
The system of accounts used by all North Dakota natural gas
				  distribution companies subject to rate regulation by the commission must
				  conform to the uniform system of accounts set forth in title 18, Code of
				  Federal Regulations, part 201, prescribed by the federal energy regulatory
				  commission.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-02-12
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05.1 - Accounting Practices › Section 69-09-05.1-03 - Accounting practices - Rate-regulated electric companies

Current through Supplement No. 393, July, 2024
The system of accounts used by all North Dakota electric
				  companies subject to rate regulation by the commission must conform to the
				  uniform system of accounts set forth in title 18, Code of Federal Regulations,
				  part 101, prescribed by the federal energy regulatory commission.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-02-12
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05.1 - Accounting Practices › Section 69-09-05.1-04 - Accounting practices - Allowance for funds used during construction for rate-regulated gas companies

Current through Supplement No. 393, July, 2024
A North Dakota natural gas distribution company subject to
				  rate regulation by the commission may not capitalize allowance for funds used
				  during construction (AFUDC) as prescribed in title 18, Code of Federal
				  Regulations, part 201, for projects costing less than ten thousand dollars and
				  taking less than thirty days to complete.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-02-12
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-09 - Public Utility Division › Chapter 69-09-05.1 - Accounting Practices › Section 69-09-05.1-05 - Accounting practices - Allowance for funds used during construction for rate-regulated electric companies

Current through Supplement No. 393, July, 2024
A North Dakota electric company subject to rate regulation
				  by the commission may not capitalize allowance for funds used during
				  construction (AFUDC) as prescribed in title 18, Code of Federal Regulations,
				  part 101, for projects costing less than ten thousand dollars and taking less
				  than thirty days to complete.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 49-02-12
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 69-09-07-02 - Scope - Applicability - Negotiated rates or terms

Current through Supplement No. 393, July, 2024
1.
Applicability.
This chapter
				applies to the regulation of sales and purchases between qualifying facilities
				and electric utilities.
2.
Negotiated rates or terms.
Nothing in this chapter:
a. Limits the authority of any electric
				utility or any qualifying facility to agree to a rate for any purchase, or
				terms or conditions relating to any purchase, which differ from the rate or
				terms or conditions which would otherwise be required by this chapter; or
b. Affects the validity of any
				contract entered into between a qualifying facility and an electric utility for
				any purchase.
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 69-09-07-03 - Qualifying facilities - General requirements for qualification

Current through Supplement No. 393, July, 2024
1. Small power
				production facilities. A small power production facility is a qualifying
				facility if it:
a. Meets the maximum size
				criteria specified in subsection 1 of section
				69-09-07-04;
b. Meets the fuel use criteria specified in
				subsection 2 of section
				69-09-07-04; and
c. Meets the ownership criteria specified in
				section 69-09-07-06.
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 69-09-07-04 - Criteria for qualifying small power production facilities

Current through Supplement No. 393, July, 2024
1.
Size of
				the facility.
a. Maximum size. The
				power production capacity of the facility for which qualification is sought,
				together with the capacity of any other facilities which use the same energy
				resource, are owned by the same person, and are located at the same site, may
				not exceed eighty megawatts.
b.
				Method of calculation.
(1) For purposes of
				this subsection, facilities are considered to be located at the same site as
				the facility for which qualification is sought if they are located within one
				mile [1.61 kilometers] of the facility for which qualification is sought and,
				for hydroelectric facilities, if they use water from the same impoundment for
				power generation.
(2) For purposes
				of making the determination in paragraph 1, the distance between facilities
				shall be measured from the electric generating equipment of a facility.
c. Waiver. The
				commission may modify the application of subdivision b for good cause.
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 69-09-07-05 - Criteria for qualifying cogeneration facilities

Current through Supplement No. 393, July, 2024
1.
Operating standard for topping-cycle
				facilities.
For any topping-cycle cogeneration facility, the useful
				thermal energy output of the facility must, during any calendar year period, be
				no less than five percent of the total energy output.
2.
Efficiency standard for
				topping-cycle facilities.
a. For any
				topping-cycle cogeneration facility for which any of the energy input is
				natural gas or oil, and the installation of which began on or after March 13,
				1980, the useful power output of the facility plus one-half the useful thermal
				energy output, during any calendar year period, must:
(1) Subject to paragraph 2, be no less than
				forty-two and one-half percent of the total energy output of natural gas and
				oil to the facility; or
(2) If the
				useful thermal energy output is less than fifteen percent of the total energy
				output of the facility, be no less than forty-five percent of the total energy
				input of natural gas and oil to the facility.
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 69-09-07-06 - Ownership criteria

Current through Supplement No. 393, July, 2024
1.
General
				rule.
A cogeneration facility or small power production facility may not
				be owned by a person primarily engaged in the generation or sale of electric
				power, other than electric power solely from cogeneration facilities or small
				power production facilities.
2.
Ownership test.
For purposes of this section, a cogeneration or
				small power production facility shall be considered to be owned by a person
				primarily engaged in the generation or sale of electric power, if more than
				fifty percent of the equity interest in the facility is held by an electric
				utility or utilities, or by a public utility holding company, or companies, or
				any combination thereof. If a wholly or partially owned subsidiary of an
				electric utility or public utility holding company has an ownership interest in
				a facility, the subsidiary's ownership interest shall be considered as
				ownership by an electric utility or public utility holding company.
General Authority: NDCC
					 49-02-02
Law Implemented: NDCC
					 49-02-02