§ 49-22.1-21 — Siting process expense recovery - Deposit in special fund - Continuing appropriation

North Dakota § 49-22.1-21

• Jurisdiction: North Dakota
• Title 49: Public Utilities
• Ch. 49-22.1: Energy Conversion and Transmission Facilities

Text

appropriation.
1. Every applicant under this chapter shall pay to the commission an application fee:
a. An applicant for a certificate of site compatibility shall pay an amount equal to five
hundred dollars for each one million dollars of investment in the facility.
b. An applicant for a certificate of corridor compatibility shall pay an amount equal to
five thousand dollars for each one million dollars of investment in the facility.
c. An applicant for a waiver shall pay the amount that would be required for an
application for a certificate of site or corridor compatibility for the proposed facility.
If a waiver is not granted for a proposed facility, the application fee paid must be
allowed as a credit against fees payable under this section in connection with an
application under this chapter for a certificate or permit for the proposed facility.
d. An applicant for a transfer of a certificate or permit shall pay an amount to be
determined by the commission to cover anticipated expenses of processing the
application.
e. An applicant requesting an amendment to a certificate or permit, or certifying to
the commission under subsection 3 of section 49-22.1-01 or obtaining siting
authority under subdivision b of subsection 2 or subdivision c of subsection 4 of
section 49-22.1-15, shall pay an amount to be determined by the commission to
cover anticipated expenses of processing the application.
f. The application fee under subdivision a, b, or c may not be less than ten
thousand dollars nor more than one hundred thousand dollars.
g. An applicant may agree to pay additional fees that are reasonably necessary for
completion of the site, corridor, or route evaluation and designation process.
2. If an applicant does not agree to pay additional fees reasonably necessary for
completion of the site, corridor, or route evaluation and designation process, at the
request of the commission and with the approval of the emergency commission, the

applicant shall pay any additional fees as are reasonably necessary for completion of
the gas or liquid energy conversion facility site, gas or liquid transmission facility
corridor, or gas or liquid transmission facility route evaluation and designation process
by the commission. The application fee under subsection 1 and any additional fees
required of the applicant under this subsection may not exceed an amount equal to
one thousand dollars for each one million dollars of investment in a proposed energy
conversion facility or ten thousand dollars for each one million dollars of investment in
a proposed gas or liquid transmission facility.
3. A siting process expense recovery fund is established in the state treasury. The
commission shall deposit payments received under subsections 1 and 2 in the siting
process expense recovery fund. All moneys deposited in the fund are appropriated on
a continuing basis to the commission to pay expenses incurred in the siting process.
The commission shall specify the time and method of payment of any fees and shall
refund the portion of fees collected under subsections 1 and 2 which exceeds the
expenses incurred for the evaluation and designation process.
4. Every applicant for a certificate of site compatibility, certificate of corridor compatibility
and route permit, and transfer of a certificate or permit under this chapter shall pay to
the commission an administrative fee equal to two hundred dollars for each one million
dollars of original investment, not to exceed fifty thousand dollars. The administrative
fee must be deposited into the public service commission program fund.