§ 40-33-30 — Right of municipal electric utilities and municipal power agencies to construct, own, and maintain electric transmission lines

construct, own, and maintain electric transmission lines.
1. For purposes of this section, the terms electric transmission provider, electric
transmission line, and electric public utility, have the same meanings as in section
49-03-01.5. Municipal power agency has the meaning provided in section 40-33.2-02
and also includes a municipal power agency of which any municipality in this state is a
member.
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 municipal utility or municipal power

agency, unless the electric transmission provider or designee has provided written
notice to the municipal utility or municipal power agency of its intention to do so. If the
municipal utility or municipal power agency 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 municipal utility or municipal power
agency is willing and able to construct and operate a similar electric transmission line,
the municipal utility or municipal power agency shall have the right to construct said
line.
3. If an electric transmission line would interconnect facilities owned, leased, or operated
by a municipal utility or municipal power agency and facilities owned, leased, or
operated by a rural electric cooperative or an electric public utility doing business in
this state the following conditions apply:
a. The municipal utility or municipal power agency and the rural electric cooperative
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.