49-02 Powers of Commission Generally
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property, excluding air carriers.2.Telecommunications companies engaged in the furnishing of telecommunications
services as provided for in chapter 49-21.3.Pipeline utilities engaged in the transportation of gas, oil, coal, and water.4.Electric utilities engaged in the generation and distribution of light, heat, or power.5.Gas utilities engaged in the distribution of natural, synthetic, or artificial gas.6.All heating utilities engaged in the distribution of heat.7.Warehouse companies engaged in the marketing, storage, or handling of
agricultural products.8.All other public utilities engaged in business in this state or in any county, city,
township, or other political subdivision of the state.49-02-01.1. Jurisdiction of commission limited as to certain utilities. Nothing in thischapter or in chapter 49-21 authorizes the commission to make any order affecting rates,
contracts, services rendered, adequacy, or sufficiency of facilities, or the rules or regulations of
any public utility owned and operated by the state or by any city, county, township, or other
political subdivision of the state or any public utility, that is not operated for profit, that is operated
as a nonprofit, cooperative, or mutual telecommunications company or is a telecommunications
company having fewer than eighteen thousand local exchange subscribers.However, anytelecommunicationsutilitythatisoperatedasanonprofit,cooperative,ormutualtelecommunications company or has fewer than eighteen thousand local exchange subscribers
is subject to sections 49-21-01.4, 49-21-02.4, 49-21-23, 49-21-24, and 49-21-25, subsections 6
through 14 of section 49-21-01.7, and to sections 49-21-01.2, 49-21-01.3, 49-21-06, 49-21-07,
49-21-09, and 49-21-10, regarding rates, terms, and conditions of access services or connection
between facilities and transfer of telecommunications between two or more telecommunications
companies. Nothing in this section limits the authority of the commission granted under chapters
49-03 and 49-03.1 or sections 49-04-05 and 49-04-06.49-02-01.2. Pipeline safety - Public service commission jurisdiction - Hazardousfacility orders.1.The commission, by rule, may establish and enforce minimum safety standards for
the design, construction, and operation of gas distribution facilities and intrastate
pipeline facilities used for the distribution and intrastate transportation of gas,
liquefied natural gas, or hazardous liquids, regardless of whether they are owned or
operated by a public utility, in order to ensure the reasonable safety thereof. Any
rule issued under this section affecting the design, installation, construction, initial
inspection, and initial testing is not applicable to pipeline facilities in existence on the
date such rule is adopted.Such rules may not be more stringent than thecorresponding federal regulations applicable to interstate pipelines and related
facilities.2.If the commission determines that a pipeline facility is hazardous to life or property, it
may issue an order requiring the operator of the facility to take corrective action.Page No. 1The commission may issue such an order without notice and opportunity for hearing
if the commission determines that to do otherwise would result in the likelihood of
serious harm to life or property. The commission shall include in such an order an
opportunity for hearing as soon as practicable after issuance of the order.49-02-02. Powers of public service commission with reference to public utilities.The commission shall have power to:1.Investigate all methods and practices of public utilities or other persons, subject to
the provisions of this title.2.Require public utilities or other persons to conform to the laws of this state and to all
rules, regulations, and orders of the commission not contrary to law.3.Require copies of reports, rates, classifications, schedules, and timetables in effect
and used by such utilities or other persons and all other information desired by the
commission relating to such investigations and requirements to be filed with the
commission.4.Compel obedience to its lawful orders by proceedings of mandamus or injunction or
other proper proceedings, in the name of the state, in any court having jurisdiction of
the parties or of the subject matter.5.Hold hearings on good cause being shown therefor or on its own motion, and to
provide notice thereof and to shorten the period for which notice must be given prior
to hearing, when good cause exists for such action. Such notice, however, must be
reasonable in view of the nature, scope, and importance of the hearing. Whenever it
appears to the satisfaction of the commission that all of the interested parties have
agreed concerning the matter at hand, or that no interested party has asked for a
hearing, the commission may issue its order without a hearing.6.Employ, and fix the compensation of, rate experts, engineers, auditors, attorneys,
and all other expert help and assistance for hearings or investigations on
applications filed by gas or electric public utilities. The expense of any hearings or
investigations and the actual expenses of any employees of the commission while
engaged upon any hearing or investigation must be deducted from the application
fee paid by the public utility involved. The commission shall ascertain the costs and
expenditures. The application fees received by the commission under chapter 49-05
must be deposited in a special account within the public service commission. All
moneys deposited in the account are appropriated on a continuing basis to the
commission to pay expenses incurred in the processing of cases in which
application fees are required.The commission shall refund the portion of a feecollected under chapter 49-05 which exceeds the expenses incurred for processing
the case for which the fee was paid.7.Cooperate with and receive technical and financial assistance from the United
States, any state, or any department, agency, or officer thereof for any purposes
relating to federal energy laws that deal with energy conservation, coal conversion,
rate reform, and utilities subject to the jurisdiction of the commission.Thecommission shall also have the authority to file any reports, hold hearings, and
promulgate regulations for any such purposes.Information received by thecommission which was developed or obtained by the market monitor of the midwest
independent system operator, incorporated, or its successor, is exempt from section
44-04-18 and section 6 of article XI of the Constitution of North Dakota.8.Cooperate with and receive technical and financial assistance from the United
States, any state, or any department, agency, or officer thereof, and to file such
reports and promulgate rules as required by federal law or regulation for anyPage No. 2purposes relating to the regulation of safety standards for pipeline facilities and the
transportation associated with those pipeline facilities.49-02-03. Power of public service commission to establish rates. The commissionshall supervise the rates of all public utilities. It shall have the power, after notice and hearing, to
originate, establish, modify, adjust, promulgate, and enforce tariffs, rates, joint rates, and charges
of all public utilities. Whenever the commission, after hearing, shall find any existing rates, tariffs,
joint rates, or schedules unjust, unreasonable, insufficient, unjustly discriminatory, or otherwise in
violation of any of the provisions of this title, the commission by order shall fix reasonable rates,
joint rates, charges, or schedules to be followed in the future in lieu of those found to be unjust,
unreasonable, insufficient, unjustly discriminatory, or otherwise in violation of any provision of
law.49-02-03.1. Power to fix special rates - Public service commission. Repealed byS.L. 1963, ch. 322,