North Dakota Code § 49-22-16.5

Route adjustment before or during construction for an electric
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transmission line.
1. Before or during construction, a utility, without any action by the commission, may 
adjust the route of an electric transmission line within the designated corridor if, before 
conducting any construction activities associated with the adjustment, the utility files 
with the commission certification and supporting documentation that:
a. The construction activities will be within the designated corridor;
b. The construction activities will not affect any known exclusion or avoidance areas 
within the designated corridor; and
c. The utility will comply with the commission's order, laws, and rules designating 
the corridor and designating the route.
2. Before or during construction, a utility may adjust the route of an electric transmission 
line within the designated corridor which may affect an avoidance area if, before 
conducting any construction activities associated with the adjustment, the utility:
a. Files with the commission certification and supporting documentation that:
(1) The construction activities are within the designated corridor;
(2) The construction activities will not affect any known exclusion areas within 
the designated corridor;
(3) The construction activities are expected to impact an avoidance area with a 
specific description of the avoidance area expected to be impacted;
(4) Each owner of real property on which the adjustment is to be located and 
any applicable governmental entity with an interest in the same adjustment 
area do not oppose the adjustment, unless the utility previously received 
authorization from the commission for the impact to the avoidance area;
(5) For an impact for which the utility does not already have approval or has not 
filed the approval in paragraph 4, the utility has good cause and a specific 
reason to impact the avoidance area, and a reasonable alternative does not 
exist; and
(6) The utility will comply with the commission's order, laws, and rules 
designating the corridor and designating the route.
b. Receives the commission's written authorization that the utility may impact the 
avoidance area. If the commission does not authorize the impact to the 
avoidance area, the utility must obtain siting authority for the affected portion of 
the route adjustment. If the commission fails to act within ten working days of 
receipt of the utility's filing of the certification and supporting documentation under 
subdivision a of subsection 2, the route adjustment is deemed approved.
3. Before or during construction, a utility, without any action by the commission, may 
adjust the route of an electric transmission line outside the designated corridor if, 
before conducting any construction activities associated with the adjustment, the utility:
a. Files with the commission certification and supporting documentation that:
(1) The construction activities will not affect any known exclusion or avoidance 
areas;
(2) The route outside the corridor is no longer than one and one -half miles 
[2.41 kilometers];
(3) The utility will comply with the commission's orders, laws, and rules 
designating the corridor and designating the route; and
(4) Each owner of real property on which the adjustment is to be located and 
any applicable governmental entity with an interest in the same adjustment 
area do not oppose the adjustment.

b. Files detailed field studies indicating exclusion and avoidance areas for an area 
encompassing the route outside the designated corridor equal to the length of the 
adjustment of the proposed corridor.
4. Before or during construction, a utility may adjust the electric transmission line outside 
the designated corridor that may affect an avoidance area if, before conducting any 
construction activities associated with the adjustment, the utility:
a. Files with the commission certification and supporting documentation that:
(1) The construction activities will not affect any known exclusion areas;
(2) The construction activities are expected to impact an avoidance area with a 
specific description of the avoidance area expected to be impacted;
(3) The utility has good cause and a specific reason to impact the avoidance 
area, and a reasonable alternative does not exist;
(4) The route outside the corridor is no longer than one and one -half miles 
[2.41 kilometers];
(5) The utility will comply with the commission's orders, laws, and rules 
designating the corridor and designating the route; and
(6) Each owner of real property on which the adjustment is to be located and 
any applicable governmental entity with an interest in the same adjustment 
area do not oppose the adjustment.
b. Files detailed field studies indicating exclusion and avoidance areas for an area 
encompassing the route outside the designated corridor equal to the length of the 
adjustment of the proposed corridor.
c. Receives the commission's written authorization that the utility may impact the 
avoidance area. If the commission does not authorize the impact to the 
avoidance area, the utility must obtain siting authority for the affected portion of 
the route adjustment. If the commission fails to act within ten working days of 
receipt of the utility's filing of the certification and supporting documentation under 
subdivisions a and b of subsection 4, the route adjustment is deemed approved.
5. The commission is not required to hold a public hearing or publish a notice of 
opportunity for a public hearing for any route adjustment under this section.

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