North Dakota Code 49-22-09 – Factors to be considered in evaluating applications and designation of sites, corridors, and routes
1. The commission shall be guided by, but is not limited to, the following considerations, where applicable, to aid the evaluation and designation of sites, corridors, and routes:
Terms Used In North Dakota Code 49-22-09
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. Available research and investigations relating to the effects of the location, construction, and operation of the proposed facility on public health and welfare, natural resources, and the environment.
b. The effects of new electric energy conversion and electric transmission technologies and systems designed to minimize adverse environmental effects.
c. The potential for beneficial uses of waste energy from a proposed electric energy conversion facility.
d. Adverse direct and indirect environmental effects that cannot be avoided should the proposed site or route be designated.
e. Alternatives to the proposed site, corridor, or route which are developed during the hearing process and which minimize adverse effects.
f. Irreversible and irretrievable commitments of natural resources should the proposed site, corridor, or route be designated.
g. The direct and indirect economic impacts of the proposed facility.
h. Existing plans of the state, local government, and private entities for other developments at or in the vicinity of the proposed site, corridor, or route.
i. The effect of the proposed site or route on existing scenic areas, historic sites and structures, and paleontological or archaeological sites.
j. The effect of the proposed site or route on areas unique because of biological wealth or because the areas are habitats for rare and endangered species.
k. Problems raised by federal agencies, other state agencies, and local entities.
2. The commission may not condition the issuance of a certificate or permit on the applicant providing a mitigation payment assessed or requested by another state agency or entity to offset a negative impact on wildlife habitat.
3. Before the commencement of operations of the proposed facility, the applicant shall inform the commission that the applicant has executed or filed an unexecuted generation interconnection agreement, or comparable transmission services agreement, with the affected regional transmission organization or transmission owner.