§ 49-02-02 — Powers of public service commission with reference to public utilities

North Dakota § 49-02-02

• Jurisdiction: North Dakota
• Title 49: Public Utilities
• Ch. 49-02: Powers of Commission Generally

Text

The commission shall have power to:
1. Investigate all methods and practices of public utilities or other persons, subject to the
provisions of this title.
2. Require public utilities or other persons to conform to the laws of this state and to all
rules, regulations, and orders of the commission not contrary to law.
3. Require copies of reports, rates, classifications, schedules, and timetables in effect
and used by such utilities or other persons and all other information desired by the
commission relating to such investigations and requirements to be filed with the
commission.
4. Compel obedience to its lawful orders by proceedings of mandamus or injunction or
other proper proceedings, in the name of the state, in any court having jurisdiction of
the parties or of the subject matter.
5. Hold hearings on good cause being shown therefor or on its own motion, and to
provide notice thereof and to shorten the period for which notice must be given prior to
hearing, when good cause exists for such action. Such notice, however, must be
reasonable in view of the nature, scope, and importance of the hearing. Whenever it
appears to the satisfaction of the commission that all of the interested parties have
agreed concerning the matter at hand, or that no interested party has asked for a
hearing, the commission may issue its order without a hearing.
6. Employ, and fix the compensation of, rate experts, engineers, auditors, attorneys, and
all other expert help and assistance for hearings or investigations on applications filed
by gas or electric public utilities. The expense of any hearings or investigations and the
actual expenses of any employees of the commission while engaged upon any
hearing or investigation must be deducted from the application fee paid by the public
utility involved. The commission shall ascertain the costs and expenditures. The
application fees received by the commission under chapter 49-05 must be deposited in
a special account within the public service commission. All moneys deposited in the
account are appropriated on a continuing basis to the commission to pay expenses
incurred in the processing of cases in which application fees are required. The
commission shall refund the portion of a fee collected under chapter 49-05 which
exceeds the expenses incurred for processing the case for which the fee was paid.

7. Cooperate with and receive technical and financial assistance from the United States,
any state, or any department, agency, or officer thereof for any purposes relating to
federal energy laws that deal with energy conservation, coal conversion, rate reform,
and utilities subject to the jurisdiction of the commission. The commission shall also
have the authority to file any reports, hold hearings, and promulgate regulations for
any such purposes. Information received by the commission which was developed or
obtained by a regional transmission organization market monitor, the organization of
midcontinent independent system operator states, and the southwest power pool
regional state committee is exempt from section 44-04-18 and section 6 of article XI of
the Constitution of North Dakota.
8. Cooperate with and receive technical and financial assistance from the United States,
any state, or any department, agency, or officer thereof, and to file such reports and
promulgate rules as required by federal law or regulation for any purposes relating to
the regulation of safety standards for pipeline facilities and the transportation
associated with those pipeline facilities.