In this chapter, unless the context or subject matter otherwise requires:
1. "Certificate" means the certificate of site compatibility or the certificate of corridor
compatibility issued under this chapter.
2. "Commission" means the North Dakota public service commission.
3. "Construction" includes a clearing of land, excavation, or other action affecting the
environment of the site after April 9, 1975, but does not include activities:
a. Conducted wholly within the geographic location for which a utility has previously
obtained a certificate or permit under this chapter, or on which a facility was
constructed before April 9, 1975, if:
(1)The activities are for the construction of the same type of facility as the
existing type of facility as identified in subsection 6 or 7 and the activit
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In this chapter, unless the context or subject matter otherwise requires:
1. "Certificate" means the certificate of site compatibility or the certificate of corridor
compatibility issued under this chapter.
2. "Commission" means the North Dakota public service commission.
3. "Construction" includes a clearing of land, excavation, or other action affecting the
environment of the site after April 9, 1975, but does not include activities:
a. Conducted wholly within the geographic location for which a utility has previously
obtained a certificate or permit under this chapter, or on which a facility was
constructed before April 9, 1975, if:
(1) The activities are for the construction of the same type of facility as the
existing type of facility as identified in subsection 6 or 7 and the activities
are:
(a) Within the geographic boundaries of a previously issued certificate or
permit;
(b) For a gas or liquid energy conversion facility constructed before
April 9, 1975, within the geographic location on which the facility was
built; or
(c) For a gas or liquid transmission facility constructed before April 9,
1975, within a width of three hundred fifty feet [106.68 meters] on
either side of the centerline;
(2) Except as provided in subdivision b, the activities do not affect any known
exclusion or avoidance area;
(3) The activities are for the construction:
(a) Of a new gas or liquid energy conversion facility;
(b) Of a new gas or liquid transmission facility;
(c) To improve the existing gas or liquid energy conversion facility, or gas
or liquid, transmission facility; or
(d) To increase or decrease the capacity of the existing gas or liquid
energy conversion facility or gas or liquid transmission facility; and
(4) Before conducting any activities, the utility certifies in writing to the
commission that:
(a) The activities will not affect a known exclusion or avoidance area;
(b) The activities are for the construction:
[1] Of a new gas or liquid energy conversion facility;
[2] Of a new gas or liquid transmission facility;
[3] To improve the existing gas or liquid energy conversion or gas or
liquid transmission facility; or
[4] To increase or decrease the capacity of the existing gas or liquid
energy conversion facility or gas or liquid transmission facility;
and
(c) The utility will comply with all applicable conditions and protections in
siting laws and rules and commission orders previously issued for any
part of the facility.
b. Otherwise qualifying for exclusion under subdivision a, except that the activities
are expected to affect a known avoidance area and the utility before conducting
any activities:
(1) Certifies in writing to the commission:
(a) The activities will not affect any known exclusion area;
(b) The activities are for the construction:
[1] Of a new gas or liquid energy conversion facility;
[2] Of a new gas or liquid transmission facility;
[3] To improve the existing gas or liquid energy conversion facility or
gas or liquid facility; or
[4] To increase or decrease the capacity of the existing gas or liquid
energy conversion facility or gas or liquid transmission facility;
and
(c) The utility will comply with all applicable conditions and protections in
siting laws and rules and commission orders previously issued for any
part of the facility;
(2) Notifies the commission in writing that the activities are expected to impact
an avoidance area and provides information on the specific avoidance area
expected to be impacted and the reasons why impact cannot be avoided;
and
(3) Receives the commission's written approval for the impact to the avoidance
area, based on a determination that there is no reasonable alternative to the
expected impact. If the commission does not approve impacting the
avoidance area, the utility must obtain siting authority under this chapter for
the affected portion of the site or route. If the commission fails to act on the
notification required by this subdivision within thirty days of the utility's filing
the notification, the impact to the avoidance area is deemed approved.
c. Incident to preliminary engineering or environmental studies.
4. "Corridor" means the area of land where a designated route may be established for a
gas or liquid transmission facility.
5. "Facility" means a gas or liquid energy conversion facility, gas or liquid transmission
facility, or both.
6. "Gas or liquid energy conversion facility" means any plant, addition, or combination of
plant and addition, designed for or capable of:
a. Manufacture or refinement of one hundred million cubic feet [2831684.66 cubic
meters] or more of gas or hydrogen per day, regardless of the end use of the gas;
b. Manufacture or refinement of fifty thousand barrels [7949.36 cubic meters] or
more of liquid hydrocarbon products per day; or
c. Enrichment of uranium minerals.
7. "Gas or liquid transmission facility" means any of the following:
a. A gas or liquid transmission line and associated facilities designed for or capable
of transporting coal, gas, liquid hydrocarbons, liquid hydrocarbon products,
hydrogen, or carbon dioxide. This subdivision does not apply to:
(1) An oil or gas pipeline gathering system;
(2) A natural gas distribution system;
(3) Carbon dioxide storage facility underground equipment, including a flow line,
subject to chapter 38-22;
(4) A pipeline with an outside diameter of four and one-half inches
[11.43 centimeters] or less which will not be trenched and will be plowed in
with a power mechanism having a vertical knife or horizontally directionally
drilled, and its associated facilities; or
(5) A pipeline that is less than one mile [1.61 kilometers] long. For purposes of
this chapter, a gathering system includes the pipelines and associated
facilities used to collect oil from the lease site to the first pipeline storage site
where pressure is increased for further transport, or pipelines and
associated facilities used to collect gas from the well to the gas processing
facility at which end-use consumer-quality gas is produced, with or without
the addition of odorant.
b. A liquid transmission line and associated facilities designed for or capable of
transporting water from or to an energy conversion facility.
8. "Permit" means the permit for the construction of a gas or liquid transmission facility
within a designated corridor issued under this chapter.
9. "Person" includes an individual, firm, association, partnership, cooperative,
corporation, limited liability company, or any department, agency, or instrumentality of
a state or of the federal government, or any subdivision thereof.
10. "Public hearing" means a proceeding conducted for the purpose of acquiring
information that will be considered in a certificate or permit action evaluation and which
affords the public an opportunity to present views, opinions, and information.
11. "Road use agreement" means permits required for extraordinary road use, road
access points, approach or road crossings, public right-of-way setbacks, building rules,
physical addressing, dust control measures, or road maintenance and any repair
mitigation plans.
12. "Route" means the location of a gas or liquid transmission facility within a designated
corridor.
13. "Site" means the location of a gas or liquid energy conversion facility.
14. "Utility" means a person engaged in and controlling the generation, manufacture,
refinement, or transmission of gas, liquid hydrocarbons, or liquid hydrocarbon
products, including coal gasification, coal liquefaction, petroleum refinement, uranium
enrichment, and the transmission of coal, gas, liquid hydrocarbons, or liquid
hydrocarbon products, or the transmission of water from or to any gas or liquid energy
conversion facility.