§ 49-22-09 — Factors to be considered in evaluating applications and designation of sites, corridors, and routes

North Dakota § 49-22-09

• Jurisdiction: North Dakota
• Title 49: Public Utilities
• Ch. 49-22: Energy Conversion and Transmission Facility Siting Act

Text

sites, corridors, and routes.
1. The commission shall be guided by, but is not limited to, the following considerations,
where applicable, to aid the evaluation and designation of sites, corridors, and routes:
a. Available research and investigations relating to the effects of the location,
construction, and operation of the proposed facility on public health and welfare,
natural resources, and the environment.
b. The effects of new electric energy conversion and electric transmission
technologies and systems designed to minimize adverse environmental effects.
c. The potential for beneficial uses of waste energy from a proposed electric energy
conversion facility.
d. Adverse direct and indirect environmental effects that cannot be avoided should
the proposed site or route be designated.
e. Alternatives to the proposed site, corridor, or route which are developed during
the hearing process and which minimize adverse effects.
f. Irreversible and irretrievable commitments of natural resources should the
proposed site, corridor, or route be designated.
g. The direct and indirect economic impacts of the proposed facility.
h. Existing plans of the state, local government, and private entities for other
developments at or in the vicinity of the proposed site, corridor, or route.
i. The effect of the proposed site or route on existing scenic areas, historic sites
and structures, and paleontological or archaeological sites.
j. The effect of the proposed site or route on areas unique because of biological
wealth or because the areas are habitats for rare and endangered species.
k. Problems raised by federal agencies, other state agencies, and local entities.

2. The commission may not condition the issuance of a certificate or permit on the
applicant providing a mitigation payment assessed or requested by another state
agency or entity to offset a negative impact on wildlife habitat.
3. Before the commencement of operations of the proposed facility, the applicant shall
inform the commission that the applicant has executed or filed an unexecuted
generation interconnection agreement, or comparable transmission services
agreement, with the affected regional transmission organization or transmission owner.