North Dakota Code § 49-02-23

Consideration of environmental externality values prohibited
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The commission may not use, require the use of, or allow electric utilities to use 
environmental externality values in the planning, selection, or acquisition of electric resources or 
the setting of rates for providing electric service. Environmental externality values are numerical 
costs or quantified values that are assigned to represent either:
1. Environmental costs that are not internalized in the cost of production or the market 
price of electricity from a particular electric resource; or
2. The alleged costs of complying with future environmental laws or regulations that have 
not yet been enacted.

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