North Dakota Bulk Transmission Siting & Regulation(8-ND)
In North Dakota, a transmission developer may need a Certificate of Site or Corridor Compatibility from the North Dakota Public Service Commission (NDPSC) to construct or operate electric transmission lines that carry voltages in excess of 115kVs and extends one or more miles in length. N.D. Century Code § 49-22. A developer will also need to obtain a Route Permit from NDPSC in order to construct or operate such transmission lines. The Route Permit and Certificate have similar processes, and can be applied for and obtained at the same time. In addition, a transmission developer may need to Certificate of Public Convenience and Necessity from the NPDPSC, prior to construction or operation of a transmission facility, if the developer is a “electric transmission provider” that is interconnecting the transmission line with an existing transmission line owned or operated by a “electric public utility.” N.D.C.C. § 49-03-01(2).
Determine Which State and Federal Permits Apply
Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.
Permitting at a Glance
North Dakota Federal
|Transmission Siting:||Utilities may need a Certificate of Site or Corridor Compatibility and/or a Route Permit. A utility is defined as “any person engaged in and controlling the electric generation, the transmission of electric energy…from or to any electric energy conversion facility.” N.D. Century Code § 49-22-07, N.D. Century Code § 49-22-08.1.|
|Transmission Siting Agency:||North Dakota Public Service Commission|
|Transmission Siting Threshold:||To construct or operate electric transmission lines that exceed 115 kV and extends at least one more or more. N.D. Century Code § 49-22-07, N.D. Century Code § 49-22-08.1.|
|Transmission Siting Act:||North Dakota Energy Conversion and Transmission Facility Siting Act (N.D. Century Code §§ 49-22 et seq.)|
|Preemptive Authority:||The North Dakota Public Service Commission has siting authority over transmission lines. N.D. Century Code § 49-22.|
|Regulated Entity Definition:||Certificate of Public Convenience and Necessity: An “electric public utility” is defined as “a privately-owned supplier of electricity offering to supply or supplying electricity to the general public.” An electric transmission provider is defined as “an owner or operator, other than a rural electric cooperative, of a transmission line the costs of which are recovered directly or indirectly through transmission charges to an electric public utility.” N.D.C.C. § 49-03-01.5.|
|Public Utility Certificate Threshold:||Electric transmission provider may need a Certificate of Public Convenience and Necessity from the North Dakota Public Service Commission to construct any electric transmission line of at least 115 kV and at least one mile in length that will interconnect with an existing electric transmission line. N.D.C.C. § 49-03-01(2).|
|Processing Timeframe:||There is no statutorily defined time frame for approval.|