§ 49-22-04 — Ten-year plans - Contents

1. Each utility that owns or operates, or plans within the next ten years to own, operate,
or start construction on any facility shall develop a ten-year plan as specified in this
section and submit the plan to the commission. Each utility shall file an updated plan
on or before July first of each even-numbered year after the year of its initial
submission. The ten-year plan may be appropriate portions of a single regional plan or
may be jointly prepared and submitted by two or more utilities and must contain the
following information:
a. A description of the general location, size, and type of all facilities to be owned or
operated by the utility during the ensuing ten years, as well as those facilities to
be removed from service during the ten-year period.
b. An identification of the location of the tentative preferred site for all electric energy
conversion facilities and the tentative location of all electric transmission facilities
on which construction is intended to be commenced within the ensuing five years
and such other information as may be required by the commission. The site and
corridor identification shall be made in compliance with the criteria published by
the commission pursuant to section 49-22-05.1.
c. A description of the efforts by the utility to coordinate the plan with other utilities
so as to provide a coordinated regional plan for meeting the utility needs of the
region.
d. A description of the efforts to involve environmental protection and land-use
planning agencies in the planning process, as well as other efforts to identify and
minimize environmental problems at the earliest possible stage in the planning
process.
e. A statement of the projected demand for the service rendered by the utility for the
ensuing ten years and the underlying assumptions for the projection, with that

information being as geographically specific as possible, and a description of the
manner and extent to which the utility will meet the projected demands.
f. 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 development proposed within the state to ensure that energy conversion
facilities and transmission facilities will be sited in an orderly manner compatible
with environmental preservation and efficient use of resources.
2. If not previously disclosed in a ten-year plan filing pursuant to subdivision a of
subsection 1, the utility owner or operator of an electric energy conversion facility shall
notify the commission and the auditor of the county in which the facility is located if the
owner or operator considers removing an electric energy conversion facility from
service. Upon notice of the removal from service, the commission may request the
owner or operator provide the commission with any applicable reliability study
developed with a regional transmission organization in conjunction with the considered
removal from service and may accept public comment in a format prescribed by the
commission.