RAPID/BulkTransmission/North Dakota/Transmission

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RAPIDRegulatory and Permitting Information Desktop Toolkit

North Dakota Bulk Transmission Transmission & Interconnection(8-ND)

In North Dakota, a transmission developer must obtain a Certificate of Site or Corridor Compatibility from the North Dakota Public Service Commission (NDPSC) prior to constructing or operating electric transmission lines that carry voltages in excess of 115kVs and extends one or more miles in length. N.D. Century Code § 49-22. A developer will also need to obtain a Route Permit from NDPSC in order to construct or operate such transmission lines. The Route Permit and Certificate have similar processes, and can be applied for and obtained at the same time. In addition, a transmission developer may need to Certificate of Public Convenience and Necessity from the NPDPSC, prior to construction or operation of a transmission facility, if the developer is a “electric transmission provider” that is interconnecting the transmission line with an existing transmission line owned or operated by a “electric public utility.” N.D.C.C. § 49-03-01(2).

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Determine Which State and Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.

Permitting at a Glance

North Dakota Federal

State or Preemptive Authority: The North Dakota Public Service Commission has siting authority over transmission lines. N.D. Century Code § 49-22.
Transmission Siting Agency: North Dakota Public Service Commission
Transmission Siting Process: A developer must obtain a Certificate of Site or Corridor Compatibility and a Route Permit (also referred to as a Transmission Facility Siting Permit) from the North Dakota Public Service Commission prior to constructing or operating transmission lines that carry voltages in excess of 115 kVs and that extend one or more miles in length. N.D. Century Code § 49-22-07, N.D. Century Code § 49-22-08.1.
Transmission Siting Threshold: Electric transmission lines that are 115 kV or greater and at least 1 mile in length.
Siting Act: North Dakota Energy Conversion and Transmission Facility Siting Act (N.D. Century Code §§ 49-22 et seq.)
Regulated Entity Definition: An "electric transmission provider" is defined as, “an owner or operator, other than a rural electric cooperative, of a transmission line the costs of which are recovered directly or indirectly through transmission charges to an Electric Public Utility.” N.D. Century Code § 49-03-01.5(4). An "electric public utility" is defined as, “a privately owned supplier of electricity offering to supply or supplying electricity to the general public.” N.D. Century Code § 49-03-01.5(2). An "electric transmission line" is defined as, “facilities for conducting electric energy at a design voltage of one hundred fifteen kilovolts or greater phase to phase and more than one mile [1.61 kilometers] long.” N.D. Century Code § 49-03-01.5(3).
Public Utility Regulatory Authority Certification Transmission Threshold: An electric transmission provider may not begin construction or operation of an electric transmission line interconnecting with an electric transmission line owned or operated by an electric public utility without first obtaining a Certificate of Public Convenience and Necessity from the North Dakota Public Service Commission. N.D. Century Code § 49-03-01(2).
Permit Processing Timeframe: There is no statutorily defined timeframe for approval.

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