North Dakota Code § 40-33-30

Right of municipal electric utilities and municipal power agencies to
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construct, own, and maintain electric transmission lines.
1. For purposes of this section, the terms electric transmission provider, electric 
transmission line, and electric public utility, have the same meanings as in section 
49-03-01.5. Municipal power agency has the meaning provided in section 40 -33.2-02 
and also includes a municipal power agency of which any municipality in this state is a 
member.
2. Except as provided in subsection 3, an electric transmission provider or designee may 
not construct an electric transmission line interconnecting with an existing electric 
transmission line owned, leased, or operated by a municipal utility or municipal power 

agency, unless the electric transmission provider or designee has provided written 
notice to the municipal utility or municipal power agency of its intention to do so. If the 
municipal utility or municipal power agency provides written notification to the electric 
transmission provider or designee within one hundred eighty days from receipt of the 
written notice under this subsection, that the municipal utility or municipal power 
agency is willing and able to construct and operate a similar electric transmission line, 
the municipal utility or municipal power agency shall have the right to construct said 
line.
3. If an electric transmission line would interconnect facilities owned, leased, or operated 
by a municipal utility or municipal power agency and facilities owned, leased, or 
operated by a rural electric cooperative or an electric public utility doing business in 
this state the following conditions apply:
a. The municipal utility or municipal power agency and the rural electric cooperative 
or the electric public utility shall attempt to agree on all terms and conditions, 
including design, construction, ownership, and operation of the electric 
transmission line.
b. If parties are unable to agree, this subsection does not compel a party to 
participate in the project or be construed as a waiver by any party of its right to 
establish and enforce any requirements for interconnection of transmission 
facilities to its transmission system.

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