This text of North Dakota § 49-22-08.1 (Application for a permit - Notice of filing - Amendment - Designation of a route) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
route.
1.An application for a route permit for an electric transmission facility within a designated
corridor must be filed no later than two years after the issuance of the certificate and
must be in such form as the commission may prescribe, containing the following
information:
a.A description of the type, size, and design of the proposed facility.
b.A description of the location of the proposed facility.
c.An evaluation of the proposed route with regard to the applicable considerations
set out in section 49-22-09 and the criteria established pursuant to section
49-22-05.1.
d.A description of mitigative measures that will be taken to minimize all foreseen
adverse impacts resulting from the location, construction, and operation of the
proposed facility.
e.A description of the right
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route.
1. An application for a route permit for an electric transmission facility within a designated
corridor must be filed no later than two years after the issuance of the certificate and
must be in such form as the commission may prescribe, containing the following
information:
a. A description of the type, size, and design of the proposed facility.
b. A description of the location of the proposed facility.
c. An evaluation of the proposed route with regard to the applicable considerations
set out in section 49-22-09 and the criteria established pursuant to section
49-22-05.1.
d. A description of mitigative measures that will be taken to minimize all foreseen
adverse impacts resulting from the location, construction, and operation of the
proposed facility.
e. A description of the right-of-way preparation and construction and reclamation
procedures.
f. A statement setting forth the manner in which:
(1) The utility will inform affected landowners of easement acquisition, and
necessary easement conditions and restrictions.
(2) The utility will compensate landowners for easements, without reference to
the actual consideration to be paid.
g. Such other information as the utility may consider relevant or the commission
may require.
2. After determining that the application is complete, the commission shall serve a notice
of filing of the application on such persons and agencies that the commission may
deem appropriate and shall publish a notice of filing of the application in the official
newspaper of each county in which any portion of the designated corridor is located.
3. A copy of the application shall be furnished to any person or agency, upon request to
the commission within thirty days of either service or publication of the notice of filing.
4. An application for an amendment of a permit shall be in such form and contain such
information as the commission shall prescribe.
5. The commission shall designate a route for the construction of an electric transmission
facility following the study and hearings provided for in this chapter. This designation
shall be made in accordance with the evidence presented at the hearings, an
evaluation of the information provided in the application, the criteria established
pursuant to section 49-22-05.1, and the considerations set out in section 49-22-09 in a
finding with reasons for the designation, and shall be made in a timely manner no later
than six months after the filing of a completed application. The time for designation of a
route may be extended by the commission for just cause. The failure of the
commission to act within the time limit provided in this section shall not operate to
divest the commission of jurisdiction in any permit proceeding. Upon designation of a
route the commission shall issue a permit to the applicant with such terms, conditions,
or modifications deemed necessary.