§ 49-22-16.5 — Route adjustment before or during construction for an electric transmission line

North Dakota § 49-22-16.5

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

Text

transmission line.
1. Before or during construction, a utility, without any action by the commission, may
adjust the route of an electric transmission line within the designated corridor if, before
conducting any construction activities associated with the adjustment, the utility files
with the commission certification and supporting documentation that:
a. The construction activities will be within the designated corridor;
b. The construction activities will not affect any known exclusion or avoidance areas
within the designated corridor; and
c. The utility will comply with the commission's order, laws, and rules designating
the corridor and designating the route.
2. Before or during construction, a utility may adjust the route of an electric transmission
line within the designated corridor which may affect an avoidance area if, before
conducting any construction activities associated with the adjustment, the utility:
a. Files with the commission certification and supporting documentation that:
(1) The construction activities are within the designated corridor;
(2) The construction activities will not affect any known exclusion areas within
the designated corridor;
(3) The construction activities are expected to impact an avoidance area with a
specific description of the avoidance area expected to be impacted;
(4) Each owner of real property on which the adjustment is to be located and
any applicable governmental entity with an interest in the same adjustment
area do not oppose the adjustment, unless the utility previously received
authorization from the commission for the impact to the avoidance area;
(5) For an impact for which the utility does not already have approval or has not
filed the approval in paragraph 4, the utility has good cause and a specific
reason to impact the avoidance area, and a reasonable alternative does not
exist; and
(6) The utility will comply with the commission's order, laws, and rules
designating the corridor and designating the route.
b. Receives the commission's written authorization that the utility may impact the
avoidance area. If the commission does not authorize the impact to the
avoidance area, the utility must obtain siting authority for the affected portion of
the route adjustment. If the commission fails to act within ten working days of
receipt of the utility's filing of the certification and supporting documentation under
subdivision a of subsection 2, the route adjustment is deemed approved.
3. Before or during construction, a utility, without any action by the commission, may
adjust the route of an electric transmission line outside the designated corridor if,
before conducting any construction activities associated with the adjustment, the utility:
a. Files with the commission certification and supporting documentation that:
(1) The construction activities will not affect any known exclusion or avoidance
areas;
(2) The route outside the corridor is no longer than one and one-half miles
[2.41 kilometers];
(3) The utility will comply with the commission's orders, laws, and rules
designating the corridor and designating the route; and
(4) Each owner of real property on which the adjustment is to be located and
any applicable governmental entity with an interest in the same adjustment
area do not oppose the adjustment.

b. Files detailed field studies indicating exclusion and avoidance areas for an area
encompassing the route outside the designated corridor equal to the length of the
adjustment of the proposed corridor.
4. Before or during construction, a utility may adjust the electric transmission line outside
the designated corridor that may affect an avoidance area if, before conducting any
construction activities associated with the adjustment, the utility:
a. Files with the commission certification and supporting documentation that:
(1) The construction activities will not affect any known exclusion areas;
(2) The construction activities are expected to impact an avoidance area with a
specific description of the avoidance area expected to be impacted;
(3) The utility has good cause and a specific reason to impact the avoidance
area, and a reasonable alternative does not exist;
(4) The route outside the corridor is no longer than one and one-half miles
[2.41 kilometers];
(5) The utility will comply with the commission's orders, laws, and rules
designating the corridor and designating the route; and
(6) Each owner of real property on which the adjustment is to be located and
any applicable governmental entity with an interest in the same adjustment
area do not oppose the adjustment.
b. Files detailed field studies indicating exclusion and avoidance areas for an area
encompassing the route outside the designated corridor equal to the length of the
adjustment of the proposed corridor.
c. Receives the commission's written authorization that the utility may impact the
avoidance area. If the commission does not authorize the impact to the
avoidance area, the utility must obtain siting authority for the affected portion of
the route adjustment. If the commission fails to act within ten working days of
receipt of the utility's filing of the certification and supporting documentation under
subdivisions a and b of subsection 4, the route adjustment is deemed approved.
5. The commission is not required to hold a public hearing or publish a notice of
opportunity for a public hearing for any route adjustment under this section.