North Dakota § 10-13-11 Right of rural electric cooperative to construct, own, and maintain electric transmission lines

North Dakota Statutes

§ 10-13-11 — Right of rural electric cooperative to construct, own, and maintain electric transmission lines

North Dakota·Title 10 Corporations·Ch. 10-13 Electric Cooperative Corporations

transmission lines.

1.For purposes of this section, the terms electric transmission provider, electric transmission line, electric public utility, and rural electric cooperative have the same meanings as in section 49-03-01.5.

2.Except as provided in subsection 3, an electric transmission provider or designee may not construct an electric transmission line interconnecting with an existing electric transmission line owned, leased, or operated by a rural electric cooperative, unless the electric transmission provider or designee has provided written notice to the rural electric cooperative of its intention to do so. If the rural electric cooperative provides written notification to the electric transmission provider or designee within one hundred eighty days from receipt of the written not

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transmission lines.
1. For purposes of this section, the terms electric transmission provider, electric
transmission line, electric public utility, and rural electric cooperative have the same
meanings as in section 49-03-01.5.
2. Except as provided in subsection 3, an electric transmission provider or designee may
not construct an electric transmission line interconnecting with an existing electric
transmission line owned, leased, or operated by a rural electric cooperative, unless the
electric transmission provider or designee has provided written notice to the rural
electric cooperative of its intention to do so. If the rural electric cooperative provides
written notification to the electric transmission provider or designee within one hundred
eighty days from receipt of the written notice under this subsection, that the rural
electric cooperative is willing and able to construct and operate a similar electric
transmission line, the rural electric cooperative shall have the right to construct the
line.

3. If an electric transmission line would interconnect facilities owned, leased, or operated
by a rural electric cooperative and facilities owned, leased, or operated by a municipal
utility, a municipal power agency, or an electric public utility doing business in this state
the following conditions apply:
a. The rural electric cooperative and municipal utility, municipal power agency, or the
electric public utility shall attempt to agree on all terms and conditions, including
design, construction, ownership, and operation of the electric transmission line.
b. If parties are unable to agree, this subsection does not compel a party to
participate in the project or be construed as a waiver by any party of its right to
establish and enforce any requirements for interconnection of transmission
facilities to its transmission system.
4. For purposes of this section, a "municipal utility" means anything a municipality is
allowed to possess under section 40-33-01 and a "municipal power agency" has the
meaning provided in section 40-33.2-02.

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