49-22 Energy Conversion and Transmission Facility Siting Act
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<![CDATA[CHAPTER 49-22ENERGY CONVERSION AND TRANSMISSION FACILITY SITING ACT49-22-01.Short title.This chapter may be cited as the "North Dakota EnergyConversion and Transmission Facility Siting Act".49-22-02. Statement of policy. The legislative assembly finds that the construction ofenergy conversion facilities and transmission facilities affects the environment and the welfare of<br>the citizens of this state. Therefore, it is necessary to ensure that the location, construction, and<br>operation of energy conversion facilities and transmission facilities will produce minimal adverse<br>effects on the environment and upon the welfare of the citizens of this state by providing that no<br>energy conversion facility or transmission facility shall be located, constructed, and operated<br>within this state without a certificate of site compatibility or a route permit acquired pursuant to<br>this chapter. The legislative assembly hereby declares it to be the policy of this state to site<br>energy conversion facilities and to route transmission facilities in an orderly manner compatible<br>with environmental preservation and the efficient use of resources.In accordance with thispolicy, sites and routes shall be chosen which minimize adverse human and environmental<br>impact while ensuring continuing system reliability and integrity and ensuring that energy needs<br>are met and fulfilled in an orderly and timely fashion.49-22-03. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Certificate" means the certificate of site compatibility or the certificate of corridor<br>compatibility issued under this chapter.2."Commission" means the North Dakota public service commission.3."Construction" includes any clearing of land, excavation, or other action that would<br>affect the environment of the site after April 9, 1975, but does not include activities:a.Conducted wholly within the geographic location for which a utility has<br>previously obtained a certificate or permit under this chapter or on which a<br>facility was constructed before April 9, 1975, if:(1)The activities are within the boundaries of:(a)A previously issued certificate or permit;(b)For an energy conversion facility constructed before April 9, 1975,<br>the geographic location on which the facility was built; or(c)For a transmission facility constructed before April 9, 1975, a width<br>of three hundred fifty feet [106.68 meters] on either side of the<br>centerline;(2)Except as provided in subdivision b, the activities do not affect any known<br>exclusion or avoidance area; and(3)Before conducting any activities, the utility certifies in writing to the<br>commission that the activities will not affect any known exclusion or<br>avoidance area and the utility will comply with all applicable conditions<br>and protections in siting laws and rules and commission orders<br>previously issued for any part of the facility.b.Otherwise qualifying for exclusion under subdivision a, except that the activities<br>are expected to affect a known avoidance area and the utility before conducting<br>any activities:Page No. 1(1)Certifies in writing to the commission that:(a)The activities will not affect any known exclusion area; and(b)The utility will comply with all applicable conditions and protections<br>in siting laws and rules and commission orders previously issued<br>for any part of the facility;(2)Notifies the commission in writing that the activities are expected to<br>impact an avoidance area and provides information on the specific<br>avoidance area expected to be impacted and the reasons why impact<br>cannot be avoided; and(3)Receives the commission's written approval for the impact to the<br>avoidance area, based on a determination that there is no reasonable<br>alternative to the expected impact. If the commission does not approve<br>impacting the avoidance area, the utility must obtain siting authority<br>under this chapter for the affected portion of the site or route.If thecommission fails to act on the notification required by this subdivision<br>within thirty days of the utility's filing the notification, the impact to the<br>avoidance area is deemed approved.c.Incident to preliminary engineering or environmental studies.4."Corridor" means the general location of a transmission facility.5."Energy conversion facility" means any plant, addition, or combination of plant and<br>addition, designed for or capable of:a.Generation exceeding sixty megawatts of electricity;b.Manufacture or refinement of one hundred million cubic feet [2831684.66 cubic<br>meters] or more of gas per day, regardless of the end use of the gas;c.Manufacture or refinement of fifty thousand barrels [7949.36 cubic meters] or<br>more of liquid hydrocarbon products per day; ord.Enrichment of uranium minerals.6."Facility" means an energy conversion facility, transmission facility, or both.7."Permit" means the permit for the construction of a transmission facility within a<br>designated corridor issued under this chapter.8."Person" includes any individual, firm, association, partnership, cooperative,<br>corporation, limited liability company, or any department, agency, or instrumentality<br>of a state or of the federal government, or any subdivision thereof.9."Power emergency" means an electric transmission line and associated facilities that<br>have been damaged or destroyed by natural or manmade causes resulting in a loss<br>of power supply to consumers of the power.10."Route" means the specific location of a transmission facility within a designated<br>corridor.11."Site" means the location of an energy conversion facility.12."Transmission facility" means any of the following:Page No. 2a.An electric transmission line and associated facilities with a design in excess of<br>one hundred fifteen kilovolts. "Transmission facility" does not include:(1)A temporary transmission line loop that is:(a)Connected and adjacent to an existing transmission facility that<br>was sited under this chapter;(b)Within the corridor of the sited facility and does not cross known<br>exclusion or avoidance areas; and(c)In place for less than one year; or(2)A transmission line that is less than one mile [1.61 kilometers] long.b.A gas or liquid transmission line and associated facilities designed for or<br>capable of transporting coal, gas, liquid hydrocarbons, liquid hydrocarbon<br>products, or carbon dioxide. This subdivision does not apply to:(1)An oil or gas pipeline gathering system;(2)A pipeline with an outside diameter of four and one-half inches [11.43<br>centimeters] or less that will not be trenched and will be plowed in with a<br>power mechanism having a vertical knife or horizontally directionally<br>drilled, and its associated facilities; or(3)A pipeline that is less than one mile [1.61 kilometers] long.For purposes of this chapter, a gathering system includes the pipelines and<br>associated facilities used to collect oil from the lease site to the first pipeline<br>storage site where pressure is increased for further transport, or pipelines and<br>associated facilities used to collect gas from the well to the gas processing<br>facility at which end-use consumer-quality gas is produced, with or without the<br>addition of odorant.c.A liquid transmission line and associated facilities designed for or capable of<br>transporting water from or to an energy conversion facility.13."Utility" means any person engaged in and controlling the generation, manufacture,<br>refinement, or transmission of electric energy, gas, liquid hydrocarbons, or liquid<br>hydrocarbon products, including electric power generation or transmission, coal<br>gasification, coal liquefaction, petroleum refinement, uranium enrichment, and the<br>transmission of coal, gas, liquid hydrocarbons, or liquid hydrocarbon products, or the<br>transmission of water from or to any energy conversion facility.49-22-04. Ten-year plans - Contents. Every utility that owns or operates, or planswithin the next ten years to own, operate, or start construction on any facility shall annually<br>develop a ten-year plan as specified in this section. On or before July first of each year, the utility<br>shall submit its ten-year plan to the commission. The ten-year plan may be appropriate portions<br>of a single regional plan or may be jointly prepared and submitted by two or more utilities and<br>must contain the following information:1.A description of the general location, size, and type of all facilities to be owned or<br>operated by the utility during the ensuing ten years, as well as those facilities to be<br>removed from service during the ten-year period.2.An identification of the location of the tentative preferred site for all energy<br>conversion facilities and the tentative location of all transmission facilities on which<br>construction is intended to be commenced within the ensuing five years and suchPage No. 3other information as may be required by the commission. The site and corridor<br>identification shall be made in compliance with the criteria published by the<br>commission pursuant to section 49-22-05.1.3.A description of the efforts by the utility to coordinate the plan with other utilities so<br>as to provide a coordinated regional plan for meeting the utility needs of the region.4.A description of the efforts to involve environmental protection and land-use planning<br>agencies in the planning process, as well as other efforts to identify and minimize<br>environmental problems at the earliest possible stage in the planning process.5.A statement of the projected demand for the service rendered by the utility for the<br>ensuing ten years and the underlying assumptions for the projection, with that<br>information being as geographically specific as possible, and a description of the<br>manner and extent to which the utility will meet the projected demands.6.Any other relevant information as may be requested by the commission.Upon receipt of the ten-year plans the commission shall proceed to assess the impact of the<br>development proposed within the state to ensure that energy conversion facilities and<br>transmission facilities will be sited in an orderly manner compatible with environmental<br>preservation and efficient use of resources.49-22-05.Inventory of potential sites - Criteria - Public hearings.Repealed byS.L. 1977, ch. 447, </p>
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