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North Dakota Century Code Title 49. Public Utilities § 49-22-22. Siting process expense recovery--Deposit in special fund--Continuing appropriation

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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 which 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, such application fee paid shall 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 certifying to the commission under subsection 3 of section 49-22-03 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.

2. At the request of the commission and with the approval of the emergency commission, the applicant shall pay such additional fees as are reasonably necessary for completion of the electric energy conversion facility site, electric transmission facility corridor, or electric 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 electric 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.

Cite this article: FindLaw.com - North Dakota Century Code Title 49. Public Utilities § 49-22-22. Siting process expense recovery--Deposit in special fund--Continuing appropriation - last updated January 01, 2020 | https://codes.findlaw.com/nd/title-49-public-utilities/nd-cent-code-sect-49-22-22.html


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