reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-01 - General Provisions › Section 69-06-01-05 - Designated agencies and officers

Current through Supplement No. 393, July, 2024
The following are the designated state agencies and officers
				  entitled to notice when so referred to in this article:
1. Aeronautics commission.
2. Attorney general.
3. Department of agriculture.
4. State department of health.
5. Department of human services.
6. Department of labor and human
				rights.
7. Department of career and
				technical education.
8. Department
				of commerce.
9. Energy
				infrastructure and impact office.
10. Game and fish department.
11. Industrial commission.
12. Governor's office.
13. Department of transportation.
14. State historical society of North
				Dakota.
15. Indian affairs
				commission.
16. Job service North
				Dakota.
17. Department of trust
				lands.
18. Parks and recreation
				department.
19. Natural resources
				conservation service.
20. State
				water commission.
21. United States
				department of defense.
22. United
				States fish and wildlife service.
23. United States army corps of
				engineers.
24. Federal aviation
				administration.
25. The county
				commission of the county or counties where the project is located.
26. North Dakota transmission
				authority.
27. North Dakota
				pipeline authority.
28. Department
				of environmental quality.
29. North
				Dakota geological survey.
30. North
				Dakota forest service.
31. Federal
				bureau of land management.
32.
				Military aviation and installation assurance siting clearinghouse.
33. Twentieth airforce ninety-first missile
				wing.
34. Minot air force
				base.
35. Grand Forks air force
				base.
General Authority:
NDCC 49-22-18
Law Implemented:
NDCC 49-22-08,
					 49-22-08.1
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-01 - General Provisions › Section 69-06-01-06 - Siting fee refund

Current through Supplement No. 393, July, 2024
After all siting permits and certificates are issued by the
				  commission and after all siting process and project inspection expenses are
				  paid, complete and when the commission has determined that any required tree
				  mitigation is satisfactory, any remaining balance of the application fee will
				  be refunded to the applicant.
General Authority:
NDCC 49-22-18
Law Implemented:
NDCC
					 49-22-22
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-02 - Utility Reporting Requirements › Section 69-06-02-01 - Ten-year plan

Current through Supplement No. 393, July, 2024
A ten-year plan must contain the information specified by the
				  commission.
General Authority:
NDCC
					 49-22-18
Law Implemented:
NDCC
					 49-22-04
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-02 - Utility Reporting Requirements › Section 69-06-02-02 - Filing

Current through Supplement No. 393, July, 2024
1. A ten-year plan
				must be filed with the commission, and one copy of each plan must be filed with
				the county auditor of each county in which any part of a site or corridor is
				proposed to be located.
2. Notice
				of the filing of each plan must be given by the utility to each agency and
				officer entitled to notice as designated in section 69-06-01-05.
General Authority:
NDCC 49-22-18
Law Implemented:
NDCC
					 49-22-04
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-02.1 - Requests for Jurisdictional Determination › Section 69-06-02.1-01 - Filing

Current through Supplement No. 393, July, 2024
A utility planning to construct an energy conversion or
				  transmission facility may request a jurisdictional determination from the
				  commission. A request for jurisdictional determination must be in
				  writing.
General Authority:
NDCC
					 49-22-18
Law Implemented:
NDCC
					 49-22-07.1
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-02.1 - Requests for Jurisdictional Determination › Section 69-06-02.1-02 - Contents

Current through Supplement No. 393, July, 2024
A request for a jurisdictional determination must contain:
1.A description of the size of the
				facility;
2. A description of the
				type of the facility;
3. A
				description of the area to be served;
4. A map of the study area for the proposed
				site or corridor;
5. A description
				of the ownership and operation responsibility of the facility;
6. A description of the facilities and
				equipment that will be used and how they will be maintained;
7. A description of the owner's or operator's
				plans for selling, transmitting, or distributing the output of the
				plant;
8. A description of how the
				facility will be physically and electronically interconnected with other energy
				conversion, transmission, and distribution facilities;
9. A description of the owner's and
				operator's economic evaluation of the facility; and
10. A description of how the site will be
				leased or other rights of access will be obtained.
General Authority:
NDCC
					 49-22-18
Law Implemented:
NDCC
					 49-22-07.1
.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-04 - Certificate of Site Compatibility › Section 69-06-04-01 - Application

Current through Supplement No. 393, July, 2024
1.
Form.
An application must be reproduced and bound to eight and
				one-half-inch by eleven-inch size. Accompanying maps must be folded to eight
				and one-half inches by eleven inches with the title block appearing in the
				lower right-hand corner.
2.
Contents.
The application must contain:
a. A description of:
(1) The type of energy conversion facility
				proposed;
(2) The gross design
				capacity;
(3) The net design
				capacity;
(4) The estimated thermal
				efficiency of the energy conversion process and the assumptions upon which the
				estimate is based;
(5) The number
				of acres that the proposed facility will occupy; and
(6) The anticipated time schedule for:
(a) Obtaining the certificate of site
				compatibility;
(b) Completing land
				acquisition;
(c) Starting
				construction;
(d) Completing
				construction;
(e) Testing
				operations;
(f) Commencing
				commercial production; and
(g)
				Beginning any expansions or additions.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-04 - Certificate of Site Compatibility › Section 69-06-04-02 - Designation of sites

Current through Supplement No. 393, July, 2024
1.
Requirements of order.
An
				order approving the issuance of a certificate must contain findings that the
				application, with modifications, if any, meets the site or corridor evaluation
				process requirements of the Act.
2.
Modifications or special conditions.
a. Any modifications or special conditions
				required by the commission are deemed to be accepted unless the applicant
				petitions for a rehearing.
b. If
				the applicant rejects any modifications or special conditions and proposes
				alternatives which it would accept, such a proposal shall be treated by the
				commission as an amendment to the application.
c. If the applicant rejects any modifications
				or special conditions without either requesting a rehearing or proposing
				alternatives, the commission shall rescind its order and deny the
				application.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-05 - Transmission Facility Permit › Section 69-06-05-01 - Application

Current through Supplement No. 393, July, 2024
1.
Form.
An application must be reproduced and bound to eight and
				one-half-inch by eleven-inch size. Accompanying maps must be folded to eight
				and one-half inches by eleven inches with the title block appearing in the
				lower right-hand corner.
2.
Contents.
The application must contain:
a. A description of the following:
(1) The type of facility proposed.
(2) The purpose of the facility.
(3) The technology to be deployed.
(4) The type of product to be
				transmitted.
(5) The source of the
				product to be transmitted.
(6) The
				final destination of the product to be transmitted.
(7) The proposed size and design and any
				alternate size or design that was considered, including:
(a) The width of right of way;
(b) The approximate length of
				facility;
(c) The estimated span
				length for electric facilities;
(d)
				The anticipated type of structure for electric facilities;
(e) The voltage for electric
				facilities;
(f) The requirement for
				and general location of any new associated facilities;
(g) The estimated distance between surface
				structures for pipeline facilities;
(h) The pipe size for pipeline
				facilities;
(i) The maximum design
				operating pressure and temperature for pipeline facilities;
(j) The maximum design flow rate for pipeline
				facilities; and
(k) The number and
				general location of compressor or pumping stations.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-05 - Transmission Facility Permit › Section 69-06-05-02 - Designation of corridor and route

Current through Supplement No. 393, July, 2024
1.
Issuance of a permit.
An order approving the issuance of a permit
				must:
a. Describe the authority
				granted.
b. Contain any special
				conditions that the commission may require.
c. Specify any required modifications in the
				type, design, routing, right-of-way preparation, or construction of the
				facility.
d. Contain findings that
				the application, with modifications, if any, meets the corridor evaluation
				process requirements of the Act, and any special conditions the commission may
				require.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-06 - Waiver of Procedures and Time Schedules › Section 69-06-06-01 - Application

Current through Supplement No. 393, July, 2024
An application must be in the form prescribed by the
				  commission.
1.
Filing.
The applicant shall file an original and ten copies of an application
				with the commission.
2.
Contents.
The application must contain:
a. A description of the type of facility
				addressed in the application, including the purpose and the technology to be
				employed.
b. A description of the
				products to be produced or transmitted by the proposed facility.
c. The capacity and design of the proposed
				facility.
d. The location of the
				proposed facility and a map showing the location of the proposed
				facility.
e. A description of the
				general area to be served by the facility.
f. The anticipated time schedule for major
				events.
g. Any plans for future
				expansion of the proposed facility.
h. The need for the proposed facility based
				on the present and projected demand for the product or products to be produced
				by the proposed facility, including the most recent system studies supporting
				the analysis of the need.
i. Any
				reasonable alternative methods of serving the need.
j. Justification for any deviations from the
				applicant's most recent ten-year plan that the proposed facility may
				present.
k. The estimated total
				cost of construction of the facility.
I. Any specific provisions of law that the
				applicant requests the commission waive or modify, with a separate
				justification for each provision.
m. The factual basis demonstrating that the
				proposed facility is of such length, design, location, or purpose that it will
				produce minimal adverse effects.
n.
				The nature of the emergency justifying immediate authority, if the application
				is based on an emergency situation.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-06 - Waiver of Procedures and Time Schedules › Section 69-06-06-02 - Order

Current through Supplement No. 393, July, 2024
An order approving or denying all or part of a request must
				  contain findings supporting the decision and must specifically describe the
				  procedures and time schedules that are waived.
General Authority:
NDCC
					 49-22-18
Law Implemented:
NDCC
					 49-22-07.2
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-08 - Criteria › Section 69-06-08-01 - Energy conversion facility siting criteria

Current through Supplement No. 393, July, 2024
The following criteria must guide and govern the preparation
				  of the inventory of exclusion and avoidance areas, and the site suitability
				  evaluation process.
1.
Exclusion
				areas.
The following geographical areas must be excluded in the
				consideration of a site for an energy conversion facility.
a. Designated or registered national: parks;
				memorial parks; historic sites and landmarks; natural landmarks; historic
				districts; monuments; wilderness areas; wildlife areas; wild, scenic, or
				recreational rivers; wildlife refuges; and grasslands.
b. Designated or registered state: parks;
				forests; forest management lands; historic sites; monuments; historical
				markers; archaeological sites; grasslands; wild, scenic, or recreational
				rivers; game refuges; game management areas; management areas; and nature
				preserves.
c. County parks and
				recreational areas; municipal parks; parks owned or administered by other
				governmental subdivisions; hardwood draws; and enrolled woodlands.
d. Areas critical to the life stages of
				threatened or endangered animal or plant species.
e. Areas where animal or plant species that
				are unique or rare to this state would be irreversibly damaged.
f. Areas within one thousand two hundred feet
				of the geographic center of an intercontinental ballistic missile (ICBM) launch
				or launch control facility.
g.
				Areas within thirty feet [9.14 meters] on either side of a direct line between
				an intercontinental ballistic missile (ICBM) launch facility and a missile
				alert or launch control facilities to avoid microwave interference. This
				restriction only applies to aboveground structures, not to surface features,
				such as roads, or belowground infrastructure.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-08 - Criteria › Section 69-06-08-02 - Transmission facility corridor and route criteria

Current through Supplement No. 393, July, 2024
The following criteria must guide and govern the preparation
				  of the inventory of exclusion and avoidance areas, and the corridor and route
				  suitability evaluation process. Exclusion and avoidance areas may be located
				  within a corridor, but at no given point may such an area or areas encompass
				  more than fifty percent of the corridor width unless there is no reasonable
				  alternative.
1.
Exclusion
				areas.
The following geographical areas must be excluded in the
				consideration of a route for a transmission facility. A buffer zone of a
				reasonable width to protect the integrity of the area must be included. Natural
				screening may be considered in determining the width of the buffer zone.
a. Designated or registered national: parks;
				memorial parks; historic sites and landmarks; natural landmarks; monuments; and
				wilderness areas.
b. Designated or
				registered state: parks; historic sites; monuments; historical markers;
				archaeological sites; and nature preserves.
c. County parks and recreational areas;
				municipal parks; and parks owned or administered by other governmental
				subdivisions.
d. Areas critical to
				the life stages of threatened or endangered animal or plant species.
e. Areas where animal or plant species that
				are unique or rare to this state would be irreversibly damaged.
f. Areas within one thousand two hundred feet
				of the geographic center of an intercontinental ballistic missile (ICBM) launch
				or launch control facility.
g.
				Areas within thirty feet on either side of a direct line between an
				intercontinental ballistic missile (ICBM) launch facility and a missile alert
				or launch control facilities to avoid microwave interference. This restriction
				only applies to aboveground structures, not to surface features, such as roads,
				or belowground infrastructure.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-09 - Continuing Suitability of Certificate or Permit › Section 69-06-09-01 - Certification

Current through Supplement No. 393, July, 2024
A certification of continuing suitability shall contain the
				  following:
1. The proposed date for
				the commencement of construction or improvement.
2. The information relied upon in making the
				certification.
General Authority:
NDCC
				  49-22-18
Law Implemented:
NDCC
				  49-22-17
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-09 - Continuing Suitability of Certificate or Permit › Section 69-06-09-02 - Determination and order

Current through Supplement No. 393, July, 2024
1. If the
				commission determines that the site or route continues to meet the evaluation
				requirements of the Act and this article, it shall issue an order authorizing
				the beginning of construction or improvement, which order shall specify the
				time within which the utility shall begin construction or improvement.
2. If the commission determines
				that the site or route does not continue to meet the evaluation requirements of
				the Act and this article it shall do one of the following:
a. Cancel the certificate or permit.
b. Make such modifications to the
				certificate or permit as it may require.
General Authority:
NDCC
				  49-22-18
Law Implemented:
NDCC
				  49-22-17
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-10 - Small Wind Energy Conversion Facilities › Section 69-06-10-01 - Application

Current through Supplement No. 393, July, 2024
Except as provided in section
				  69-06-10-02, an application for a
				  certificate of site compatibility for a wind energy conversion facility
				  designed for or capable of generating no more than twenty megawatts of
				  electricity may file an application under this chapter.
General Authority:
NDCC 49-22-18Law
Implemented:
NDCC
					 49-22-17
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-10 - Small Wind Energy Conversion Facilities › Section 69-06-10-02 - Exemption

Current through Supplement No. 393, July, 2024
This chapter does not apply to a wind energy conversion
				  facility with outer boundaries that are adjacent to or within one mile of the
				  outer boundaries of another wind energy conversion facility.
General Authority:
NDCC 49-22-18Law
Implemented:
NDCC
					 49-22-17
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-10 - Small Wind Energy Conversion Facilities › Section 69-06-10-03 - Contents

Current through Supplement No. 393, July, 2024
The application must be accompanied by:
1. An application fee as required under North
				Dakota Century Code section
				49-22-22.
2. All supporting documentation regarding
				exclusion and avoidance areas.
3.
				Written certification that the applicant will follow all siting laws and
				rules.
4. Written certification
				that the proposed facility will not affect any known exclusion areas. If the
				proposed energy conversion facility will not affect any known avoidance areas,
				written certification that the proposed facility will not affect any known
				avoidance areas.
5. If a proposed
				energy conversion facility will affect a known avoidance area, written notice
				that the proposed facility will affect a known avoidance area and information
				on the specific avoidance area expected to be impacted and the reasons why the
				impact cannot be avoided.
6.
				Written certification that the applicant will comply with the applicable tree
				and shrub mitigation specifications and any other representations and covenants
				contained in the applicable certification relating to order
				provisions.
General Authority:
NDCC
					 49-22-18
Law Implemented:
NDCC
					 49-22-17
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-10 - Small Wind Energy Conversion Facilities › Section 69-06-10-04 - Hearing

Current through Supplement No. 393, July, 2024
Upon a determination that an application is complete, the
				  commission may issue a notice of filing and notice of opportunity to comment or
				  request for hearing. The notice must be served in the manner provided in
				  section 69-06-01-02 and published once in
				  the official county newspaper of the county in which the facility is to be
				  located. The notice must be served and published at least twenty days before
				  the date by which interested persons may comment or request a hearing on the
				  application. The commission may order a hearing on the application by its own
				  motion.
General Authority:
NDCC
					 49-22-18
Law Implemented:
NDCC
					 49-22-17
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-11 - WIND ENERGY CONVERSION FACILITY LIGHTING SYSTEMS › Section 69-06-11-01 - Definitions

Current through Supplement No. 393, July, 2024
In this chapter:
1.
				"Aircraft detection lighting system" means a sensor-based system designed to
				detect aircraft as they approach a wind energy conversion facility; this system
				automatically activates obstruction lights until they are no longer
				needed.
2. "Commission" means the
				public service commission.
3.
				"Light intensity dimming solution technology" means obstruction lighting that
				provides a means of tailoring the intensity level of lights according to
				surrounding visibility.
4.
				"Light-mitigating technology system" means aircraft detection lighting system,
				lighting intensity dimming solution technology, or a comparable solution
				capable of reducing the impact of nighttime lighting while maintaining night
				conspicuity sufficient to assist aircraft in identifying and avoiding collision
				with the facilities.
5. "Owner"
				means a person who holds a certificate of site compatibility pursuant to North
				Dakota Century Code chapter 49-22.
6. "Wind energy conversion facility" means
				any plant, addition, or combination of plant and addition, designed for or
				capable of generation by wind energy conversion exceeding one-half megawatt of
				electricity.
General Authority:
NDCC 28-32-02,
					 49-22-18
Law Implemented:
NDCC
					 49-22-16.4
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-11 - WIND ENERGY CONVERSION FACILITY LIGHTING SYSTEMS › Section 69-06-11-02 - Implementation

Current through Supplement No. 393, July, 2024
1. A wind energy
				conversion facility for which a certificate of site compatibility was issued
				after June 5, 2016, must be equipped with a functioning light-mitigating
				technology in compliance with this chapter by December 31, 2019.
2. A wind energy conversion facility for
				which a certificate of site compatibility was issued before June 5, 2016, must
				be equipped with a functioning light-mitigating technology in compliance with
				this chapter by December 31, 2021. The commission may grant an extension of
				time based on technical or economic feasibility considerations.
3. The commission may grant a waiver of this
				chapter for a wind energy conversion facility designed for or capable of
				generating no more than five megawatts of electricity upon a motion
				demonstrating good cause for the waiver.
4. To allow proper conspicuity of a turbine
				at night during construction, a turbine may be lighted with temporary lighting
				until the permanent lighting configuration, including the light-mitigating
				technology, is implemented.
5.
				Owner shall provide written notice to the commission upon implementation of
				light-mitigating technology in compliance with this chapter.
6. Owner is solely responsible for any costs
				associated with the implementation, operation, and maintenance of each
				light-mitigating technology system.
7. An extension request must be in writing
				and contain:
a. The purpose of the
				extension;
b. A description of the
				light-mitigating technologies submitted to the federal aviation
				administration;
c. The technical or
				economic inability to implement light-mitigating technology systems;
d. The length of extension requested;
				and
e. Any other information
				requested by the commission.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-06 - Energy Conversion and Transmission Facility Siting › Chapter 69-06-11 - WIND ENERGY CONVERSION FACILITY LIGHTING SYSTEMS › Section 69-06-11-03 - Service, maintenance, safety, and lighting system standards

Current through Supplement No. 393, July, 2024
Each light-mitigating technology system must be installed,
				  operated, and maintained in accordance with United States department of
				  transportation federal aviation administration regulations [
				  14 CFR 1.1.
				  et. seq] in effect as of July 1, 2018.
General Authority:
NDCC 28-32-02,
					 49-22-18
Law Implemented:
NDCC
					 49-22-16.4
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-01 - General › Section 69-07-01-01 - Open trades

Current through Supplement No. 393, July, 2024
A licensee is prohibited from carrying open trades more than
				  the legitimate hedging needs. Violation of this section may be punishable by
				  revocation of license.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03
Law Implemented: NDCC
					 60-02-03,
					 60-02.1-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-01 - General › Section 69-07-01-03 - Outstanding storage at license termination

Current through Supplement No. 393, July, 2024
A warehouseman having outstanding storage at the termination
				  of the license period, must procure a license in the usual manner, even though
				  elevator is closed, or will be closed.
General Authority:
NDCC
				  60-02-03
Law Implemented:
NDCC
				  60-02-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-01 - General › Section 69-07-01-04 - Storage in another warehouse

Current through Supplement No. 393, July, 2024
All nontransit grain owned or held by a warehouseman
				  licensed under North Dakota Century Code chapter 60-02 must be held in a
				  licensed and bonded warehouse, either within or outside the state. When grain
				  is held in space that is not licensed by the warehouseman under North Dakota
				  Century Code chapter 60-02, a warehouse document issued for that grain must
				  identify the originating warehouse as the receiptholder. When grain held
				  subject to a warehouse receipt is stored in a warehouse that is not licensed
				  under North Dakota Century Code chapter 60-02, the originating warehouse must
				  increase its bond to provide protection for that grain as well as its own
				  licensed warehouse space.
Daily position records must include inventories held under
				  nonnegotiable warehouse receipts issued by another licensed warehouseman.
General Authority: NDCC
					 60-02-03
Law Implemented: NDCC
					 60-02-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-01 - General › Section 69-07-01-05 - Special bin

Current through Supplement No. 393, July, 2024
Grain received for special bin storage shall go through the
				  same procedure as cash or other stored grain.
General Authority: NDCC
					 60-02-03
Law Implemented: NDCC
					 60-02-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-01 - General › Section 69-07-01-06 - Procedure for temporary closing

Current through Supplement No. 393, July, 2024
A facility may not be closed for more than fifteen days
				  without the prior commission approval. Notice of the duration of the closing
				  and the name, address, and telephone number of the facility's contact person
				  must be posted in a conspicuous manner at the facility.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03
Law Implemented: NDCC
					 60-02-03,
					 60-02-39,
					 60-02.1-03,
					 60-02.1-25
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-01 - General › Section 69-07-01-07 - Modified business hours

Current through Supplement No. 393, July, 2024
A facility may not deviate from normal business hours
				  without prior commission approval. Notice of the revised business hours and the
				  name, address, and telephone number of the facility's contact person must be
				  posted in a conspicuous manner at the facility.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03
Law Implemented: NDCC
					 60-02-39,
					 60-02.1-25
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-01 - General › Section 69-07-01-08 - Adequate bond and insurance coverage - Suspension

Current through Supplement No. 393, July, 2024
The license of a licensee who fails to maintain adequate
				  insurance and bond coverage will be suspended automatically. The suspended
				  license must be surrendered to the commission and the suspension notice must be
				  posted in a conspicuous manner at the facility, if applicable.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03
Law Implemented: NDCC
					 60-02-09,
					 60-02-09.1,
					 60-02-10.1,
					 60-02-35,
					 60-02-35.1,
					 60-02.1-08,
					 60-02.1-09,
					 60-02.1-21,
					 60-02.1-22
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-01 - General › Section 69-07-01-09 - Change in capacity

Current through Supplement No. 393, July, 2024
A licensee may not change its physical capacity without
				  prior commission approval. A request to change capacity must be in writing and
				  specifically identify the capacity being added or deleted. Deleted capacity
				  must be physically disconnected from other capacity. Added capacity must be
				  properly bonded. Additions not previously licensed must be accompanied by a
				  diagram showing the location and capacity of the space involved.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03
Law Implemented: NDCC
					 60-02-09,
					 60-02.1-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-01 - General › Section 69-07-01-10 - License suspension

Current through Supplement No. 393, July, 2024
Upon suspension of its license, a licensee must:
1. Within five days of receipt of notice,
				provide each receiptholder with written notice that its license is suspended,
				if applicable, and that grain must be removed from the facility or it will be
				priced and redeemed in cash in accordance with state law. The notice must
				contain the projected date of license revocation and indicate that if a
				receiptholder chooses not to sell the grain to the licensee and does not take
				redelivery prior to revocation, the grain may no longer be covered by insurance
				or bond.
2. If applicable, keep
				the commission's suspension notice conspicuously posted in the office window or
				on the front driveway door of the facility.
3. Surrender the license to the commission.
4. If applicable, not receive
				additional grain for purchase, storage, shipping, or processing.
5. If applicable, refrain from selling or
				shipping grain without prior written commission approval.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03
Law Implemented: NDCC
					 60-02-09.1,
					 60-02-10.1,
					 60-02-35.1,
					 60-02.1-09,
					 60-02.1-11,
					 60-02.1-22
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-01 - General › Section 69-07-01-11 - Request to discontinue business

Current through Supplement No. 393, July, 2024
A licensee may not discontinue business without prior
				  written approval from the commission.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03,
					 60-03-01.1
Law Implemented: NDCC
					 60-02-41,
					 60-02.1-27,
					 60-03-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-01 - General › Section 69-07-01-12 - Assumption of liability for transfer of grain

Current through Supplement No. 393, July, 2024
A licensee that intends to acquire a facility operated by
				  another licensee and to assume responsibility for grain obligations of the
				  former licensee must notify the commission of the assumption of the liability.
				  The notice must be submitted on a form provided by the commission.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03
Law Implemented: NDCC
					 60-02-40,
					 60-02.1-26
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-01 - General › Section 69-07-01-13 - Delivery policy

Current through Supplement No. 393, July, 2024
A warehouseman shall, during July of each year, publish and
				  post in a conspicuous place in each warehouse, the warehouse's policy for
				  delivery of grain to a warehouse receiptholder. The policy must remain in
				  effect at least through the following June and must outline how the
				  warehouseman will charge or compensate receiptholders for differences in
				  quantity, kind, quality, and grade that exist between the grain described in
				  the scale ticket and the grain that is actually delivered back to the
				  receiptholder. A copy of the warehouse's policy for delivery must be provided
				  to the commission as a part of its annual warehouse license application. A copy
				  of the policy must also be attached to each warehouse receipt issued to an
				  owner of grain.
General Authority: NDCC
					 28-32-02,
					 60-02-03
Law Implemented: NDCC
					 60-02-17,
					 60-02-22
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-01 - General › Section 69-07-01-14 - Grain buyers license - Processed grain

Current through Supplement No. 393, July, 2024
A grain buyers license is not required if a purchaser is
				  acquiring grain that is owned by the licensed entity and that has been:
1. Substantially altered by processing or
				blending with a nongrain product; or
2. Cleaned and bagged and made ready for
				consumption.
Any processed commodity will, however, be considered grain
				  and thereby made an asset that is available to the commission in an insolvency
				  proceeding.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03
Law Implemented: NDCC
					 60-02-03,
					 60-02.1-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-02 - Licensing › Section 69-07-02-01 - License application

Current through Supplement No. 393, July, 2024
An application for a license must be submitted on a form
				  provided by the commission. Every business organization or sole proprietor
				  using a trade name other than its given name must be registered and in good
				  standing with the secretary of state. The application must be complete and must
				  include:
1. The required license fee.
2. A surety bond, which must be
				countersigned by an authorized resident agent unless the bonding company is
				based in a state having reciprocity with North Dakota.
3. A copy of any receipt or credit-sale
				contract to be used by the licensee.
4. Certificate of continuous insurance in the
				required amount.
5. Partnerships
				applicants shall file a copy of their partnership agreement if the partnership
				is not registered with the secretary of state.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03
Law Implemented: NDCC
					 60-02-07,
					 60-02.1-07
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-02 - Licensing › Section 69-07-02-02 - Grain warehouse - Bonds

Current through Supplement No. 393, July, 2024
A licensee's required minimum bond is determined by the
				  licensee's total physical capacity licensed in the state the length of time the
				  license has been licensed, the licensee's annual grain purchase volume, and the
				  licensee's scale ticket conversion policy. A licensee's required minimum bond
				  may not be less than $50.000.
1. If no
				special circumstances described in this section applies, the required bond is
				based on capacity and years licensed.
a.
[LESS THAN]= 6 years
[GREATER THAN]= 7 years
Capacity to 100,000 bushels
$65,000
$50,000
From 100,001 bushels through 125,000 bushels
$81,250
$62,500
From 125,001 bushels through 150,000 bushels
$97,500
$75,000
From 150,001 bushels through 175,000 bushels
$113,750
$87,500
From 175,001 bushels through 200,000 bushels
$130,000
$100,000
From 200,001 bushels through 225,000 bushels
$146,250
$112,500
From 225,001 bushels through 250,000 bushels
$162,500
$125,000
From 250,001 bushels through 275,000 bushels
$178,750
$137,500
From 275,001 bushels through 300,000 bushels
$195,000
$150,000
From 300,001 bushels through 325,000 bushels
$211,250
$162,500
From 325,001 bushels through 350,000 bushels
$227,500
$175,000
From 350,001 bushels through 375,000 bushels
$243,750
$187,500
From 375,001 bushels through 400,000 bushels
$260,000
$200,000
From 400,001 bushels through 425,000 bushels
$276,250
$212,500
From 425,001 bushels through 450,000 bushels
$292,500
$225,000
From 450,001 bushels through 475,000 bushels
$308,750
$237,500
From 475,001 bushels through 500,000 bushels
$325,000
$250,000
b. If a
				licensee's total capacity is more than five hundred thousand bushels,
				additional bond is required. The additional required bond is six thousand five
				hundred dollars for each twenty-five thousand bushels of capacity or fraction
				of twenty-five thousand bushels of capacity over five hundred thousand bushels,
				if licensed less than seven years, and five thousand dollars for each
				twenty-five thousand bushels of capacity or fraction of twenty-five thousand
				bushels of capacity over five hundred thousand bushels, if licensed seven years
				or more.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-02 - Licensing › Section 69-07-02-02.1 - Grain buyer - Bonds

Current through Supplement No. 393, July, 2024
A licensee's required minimum bond is determined by the
				  volume of grain the licensee purchases annually in the state.
1. As used in subsection b "grain purchase
				volume" means:
a. A three year rolling average
				of total annual grain purchase volume for a licensee licensed more than three
				years.
b. An actual three year
				average of total annual grain purchase volume for a licensee licensed three
				years.
c. An actual two year
				average of total annual grain purchase volume for a licensee licensed two
				years.
d. Total annual grain
				purchase volume for a licensee licensed one year.
e. The licensee's projected annual grain
				purchase volume for a new licensee.
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-02 - Licensing › Section 69-07-02-02.2 - Hay buyer - Bond schedule

Current through Supplement No. 393, July, 2024
The hay buyer bond is determined by the three-year rolling
				  average of hay purchased annually in this state by the hay buyer. The bond
				  amounts are:
Up to 2,500 tons
$25,000
For each additional 2,500 tons or fraction thereof
$25,000
Unless the commission determines that an increase is
				  necessary to accomplish the purposes of North Dakota Century Code chapter
				  60-03, the bond of a hay buyer shall not exceed one million five hundred
				  thousand dollars.
General Authority: NDCC
					 60-03-01.1
Law Implemented: NDCC
					 60-03-04
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-02 - Licensing › Section 69-07-02-03 - License renewal

Current through Supplement No. 393, July, 2024
A license is an annual license that expires on July
				  thirty-first. A licensee must submit a renewal application to the commission by
				  July fifteenth on a form that will be provided by the commission. Every
				  business organization or sole proprietor using a trade name must be in good
				  standing with the secretary of state. An application that is not received in a
				  timely manner will result in the automatic discontinuance of business on August
				  first.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03,
					 60-03-01.1
Law Implemented: NDCC
					 60-02-07,
					 60-02.1-07,
					 60-03-02
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-02 - Licensing › Section 69-07-02-04 - Business documents - Revisions

Current through Supplement No. 393, July, 2024
A licensee must promptly notify the commission of a change
				  in ownership, name, corporate structure, or format of any receipt or
				  credit-sale contract.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03
Law Implemented: NDCC
					 60-02-03,
					 60-02.1-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-02 - Licensing › Section 69-07-02-05 - Physically disconnected lease space

Current through Supplement No. 393, July, 2024
Facilities that are physically disconnected from licensed
				  warehouse capacity may be leased to other entities for nonpublic use. These
				  leased facilities are not part of the licensee's licensed capacity and related
				  lease agreements must be based on the capacity of the facility involved and not
				  on the number of bushels held in the space. The lessee is responsible for its
				  own contents insurance, if any. The licensee need not bond the space. In case
				  of licensee insolvency, the contents of the leased facilities are not a trust
				  asset and the lessee is not entitled to protection for grain held therein. If
				  the leased facilities are owned by the licensee, lease agreements must be on
				  file at the warehouse.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03
Law Implemented: NDCC
					 60-02-09,
					 60-02.1-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-02 - Licensing › Section 69-07-02-06 - Universal nonpublic use

Current through Supplement No. 393, July, 2024
When an entire facility is owned under a condominium
				  arrangement or is leased to other entities for nonpublic use, the facility is
				  not a public warehouse and no license is required. Ownership arrangements or
				  lease agreements must be based on the capacity of the facility involved and not
				  on the number of bushels held in the space. Grain owners are responsible for
				  providing their own insurance on grain held in the facility.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03
Law Implemented: NDCC
					 60-02-09,
					 60-02.1-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-03 - Records and Receipts › Section 69-07-03-01 - Form of scale tickets

Current through Supplement No. 393, July, 2024
Scale tickets must be consecutively numbered and issued in
				  consecutive order and must contain the name of the licensee, receiving
				  location, name of the depositor, type of grain, per centum of dockage, test
				  weight, gross weight, tare weight, and net weight.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03
Law Implemented: NDCC
					 60-02-03,
					 60-02-11,
					 60-02.1-03,
					 60-02.1-12
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-03 - Records and Receipts › Section 69-07-03-02 - Cross-referencing of receipts

Current through Supplement No. 393, July, 2024
Every account and record relating to grain storage and
				  purchase, including every scale ticket, warehouse receipt, check, and
				  credit-sale contract, must be properly cross-referenced to allow audit
				  identification from delivery to purchase and final payment or redelivery of all
				  grain.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03
Law Implemented: NDCC
					 60-02-03,
					 60-02.1-03
North Dakota Administrative Code › Title 69 - Public Service Commission › Article 69-07 - Public Warehousing and Roving Grain and Hay Buyers Division › Chapter 69-07-03 - Records and Receipts › Section 69-07-03-04 - Records - Filing

Current through Supplement No. 393, July, 2024
The licensee shall keep in a safe place all records of grain
				  purchased and stored and all receipts and contracts issued and canceled. Such
				  records must be kept current and open for inspection by commission personnel
				  and must be retained for a period of three years. All receipts and contracts
				  must be issued and filed in numerical sequence. The licensee shall provide the
				  necessary assistance required for any examination of the licensee's books and
				  records.
General Authority: NDCC
					 60-02-03,
					 60-02.1-03
Law Implemented: NDCC
					 60-02-03,
					 60-02.1-03