49-20 Electric Companies
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<![CDATA[CHAPTER 49-20ELECTRIC COMPANIES49-20-01. Definitions. As used in this chapter, unless the context otherwise clearlyrequires:1."Electrical supply lines" shall mean those electrical conductors and their necessary<br>supporting and containing structures which are used for transmitting a supply of<br>electrical energy.2."Operation" shall be construed and applied only in relation to the manner of<br>operating the lines referred to so as to avoid or minimize the hazard of injury to<br>persons or property and to avoid or mitigate interference with the service of signal<br>lines.3."Signal lines" shall mean those lines for public or private signal or communication<br>service and devoted exclusively to the transmission of signals or intelligence which<br>operate at not more than four hundred volts to ground or seven hundred fifty volts<br>between any two points of the circuit and the transmitted power of which does not<br>exceed one hundred fifty watts.49-20-02. Commission to regulate operation and maintenance of electrical lines.The commission shall regulate the construction, reconstruction, operation, and maintenance of<br>all electrical supply lines and signal lines located in, under, or across the public highways or<br>public places in this state, within and without the limits of incorporated cities, to the extent<br>necessary to avoid or mitigate interference from electrical supply lines and for the purpose of<br>avoiding or minimizing the hazard of injury to persons or property by reason of the close<br>association or proximity of electrical supply lines to or with signal lines.49-20-03. Applications - Specifications - Drawings - Prerequisites to construction.Prior to commencing the construction or reconstruction of any electrical supply line intended to<br>carry:1.A constant potential alternating current of over five thousand volts;2.A constant current circuit exceeding seven and one-half amperes; or3.A grounded trolley direct current of over seven hundred fifty volts,or prior to converting a line of another character to one of these, written application shall be made<br>to the commission by the person desiring to construct or reconstruct, or convert said line. The<br>application shall be accompanied by such drawings and specifications as shall show the route of<br>the proposed line in detail and the method of construction and operation, and said application,<br>drawings, or specifications also shall show the route and location relative to the proposed line of<br>any other existing electrical supply or signal line over, across, or parallel with which the proposed<br>line is to be constructed, together with the names of the owners thereof and such other<br>preliminary information as the commission may require.49-20-04. Hearing upon application - Time - Witnesses - Evidence. Upon receipt ofthe written application provided for in section 49-20-03, the commission shall set a date not later<br>than thirty days from the date of the receipt of the application for a hearing upon the matter, and<br>at least ten days before the date of said hearing shall notify in writing each of the parties affected<br>or likely to be affected by the construction or reconstruction of said line. At such hearing, the<br>commission shall swear witnesses, take evidence, and make such an investigation as shall<br>determine all of the facts in the case. If the party desiring to build the line files its written consent<br>to abide by the rules and regulations of the commission or the order issued in relation to the<br>matter, then and in that case said party may proceed to construct such line.Page No. 149-20-05. Grant of application without hearing. Whenever the application providedfor in section 49-20-03 is filed with the commission and it shall appear to its satisfaction that all of<br>the interested parties have agreed in writing in regard to the methods of construction,<br>reconstruction, operation, and maintenance of the proposed line, such application thereupon<br>shall be granted without hearing.49-20-06.Apportionment of costs.The commission shall apportion between theinterested parties the costs or additional costs which may accrue from the adoption of plans,<br>methods, or means in order to avoid, minimize, or mitigate interference or hazard.49-20-07. Rules and regulations adopted by commission. Repealed by omissionfrom this code.49-20-08. Municipalities - Complaints - Hearings. Any municipality of the state shallhave the right to file a complaint with the commission to enforce the provisions of this chapter.<br>The commission shall hold a public hearing whenever any such municipality shall file written<br>complaint and set forth facts which require action on the part of the commission in order to avoid<br>or mitigate electrical interference from electrical supply lines or for the purpose of avoiding or<br>minimizing the hazard of injury to persons or property by reason of the close association or<br>proximity of signal lines with electrical supply lines.49-20-09. Regulatory nature of measures - Penalty for violation. The provisions ofsections 49-20-02 through 49-20-08 shall not be construed to affect, control, or change the<br>franchise rights of persons, firms, corporations, or limited liability companies owning or operating<br>electrical supply or signal lines in or upon the highways of this state and shall be construed only<br>as regulatory measures intended to avoid or mitigate interference from electrical supply lines with<br>signal lines and to avoid or minimize the hazard of injury to persons or property by reason of the<br>close association or proximity of electrical supply lines to or with signal lines.Any personviolating any of the provisions of said sections or any order made by the commission pursuant<br>thereto shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars.49-20-10.Commission may require extension of electric transmission lines.Whenever any city, or the inhabitants thereof within, or contiguous to, the territory served by an<br>electric transmission line operated by a public utility subject to the jurisdiction of the commission<br>shall desire to obtain the service furnished by such public utility, the proper authorities of such<br>city, or fifteen percent of the inhabitants thereof, may petition the commission for the extension of<br>such transmission line and service to, into, or through such municipality.The commissionthereupon shall enter into an investigation concerning the practicability and reasonableness of<br>such proposed extension and service and the public convenience and necessity to be subserved<br>thereby, and if, after notice and hearing, the commission finds that such extension of line and<br>service is practicable and can be made reasonably, taking into consideration the amount of<br>revenue likely to be derived therefrom and the prospect for a reasonable return to the utility upon<br>the value of such extension, and further finds that public convenience and necessity will be<br>subserved thereby, and that the city or territory contiguous thereto is not already receiving<br>electric service from another public utility or electric cooperative corporation, the commission, by<br>its order, shall require the extension of such line and service by such public utility for the purpose<br>of serving such municipality and the inhabitants thereof upon condition that a franchise for such<br>operation be granted to such public utility by the proper authorities of such municipality, and upon<br>such other terms and conditions as may be just and reasonable. A certified copy of such order,<br>when filed with the auditor of such municipality, shall have the same force and effect as an<br>application by the utility for a franchise. The commission shall fix just and reasonable rates for<br>such service and such reasonable rules and regulations as may be necessary pertaining thereto.49-20-11. Appeals from orders of commission.Any municipality, public utility, orperson affected by an order of the commission made under the provisions of this chapter may<br>prosecute and conduct an appeal to the courts in the manner prescribed in chapter 28-32.49-20-12. Injury to electric supply lines - Penalty. Repealed by S.L. 1975, ch. 106, </p>
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