North Dakota § 49-22-13 Public hearings - Notice

North Dakota Statutes

§ 49-22-13 — Public hearings - Notice

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

1.The commission shall hold a public hearing in each county in which any portion of a site, corridor, or route is proposed to be located in an application for a certificate or a permit. If the commission determines there is an emergency that would prevent an in-person hearing in the county in which any portion of a site, corridor, or route is proposed, a remote public hearing may be held. At the public hearing, any person may present testimony or evidence relating to the information provided in the application, the criteria developed pursuant to section 49-22-05.1, and the factors to be considered pursuant to section 49-22-09. If the commission determines there are no adequate facilities to conduct a public hearing within the county in which any portion of a site, corridor, or route is p

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1. The commission shall hold a public hearing in each county in which any portion of a
site, corridor, or route is proposed to be located in an application for a certificate or a

permit. If the commission determines there is an emergency that would prevent an
in-person hearing in the county in which any portion of a site, corridor, or route is
proposed, a remote public hearing may be held. At the public hearing, any person may
present testimony or evidence relating to the information provided in the application,
the criteria developed pursuant to section 49-22-05.1, and the factors to be considered
pursuant to section 49-22-09. If the commission determines there are no adequate
facilities to conduct a public hearing within the county in which any portion of a site,
corridor, or route is proposed to be located in, the public hearing must be held in the
nearest adequate location. When more than one county is involved, the commission
may hold a consolidated hearing in one or more of the affected counties. A hearing for
any county shall not be consolidated if five or more affected landowners in such county
file a petition with the commission within ten days of the publication of the notice of
hearing.
2. The commission shall not be required to hold a public hearing on an application for the
transfer of a certificate or a permit, or an application for a waiver of procedures and
time schedules, but shall publish a notice of opportunity for a public hearing in the
official newspaper of each county in which any portion of the facility or the proposed
site, corridor, or route is located. If requested by any interested person and good
cause has been shown therefor, the commission shall hold a public hearing. Where
more than one county is involved, the commission may hold a consolidated hearing in
one or more of the affected counties.
3. One or more public hearings shall be held at a location or locations determined by the
commission concerning the following matters:
a. A substantial or material change in the criteria established pursuant to section
49-22-05.1.
b. A substantial or material change in the rules adopted pursuant to section