Navigating North Dakota Regulatory Requirements October 14, 2010 2:00 pm – 4:00 pm Agenda Tips For Viewers -ND PSC -Q&A tab at the top of screen for questions -FERC - Close all other -PHMSA applications on your -ND Dept of Health computer: Outlook, etc This meeting is being recorded and will be available at: www.pipeline.nd.gov
North Dakota Public Service Commission www.psc.nd.gov 701-328-2400
Authority – Energy Conversion and Transmission Facility Siting Act – North Dakota Century Code chapter 49-22 Rules – North Dakota Administrative Code Chapter 69-06
“The legislative assembly finds that the construction of energy conversion facilities and transmission facilities affects the environment and the welfare of the citizens of this state. Therefore, it is necessary to ensure that the location, construction, and operation of energy conversion facilities and transmission facilities will produce minimal adverse effects on the environment and upon the welfare of citizens of this sates by providing that no energy conversion facility or transmission facility shall be located, constructed, and operated within this state without a certificate of site compatibility or a route permit acquired pursuant to this chapter. The legislative assembly hereby declares it to be the policy of this state to site energy conversion facilities and to route transmission facility in an orderly manner compatible with environmental preservation and the efficient use of resources. In accordance with this policy, sites and routes shall be chosen which minimize adverse human and environmental impact while ensuring continuing system reliability and integrity and ensuring that energy needs are met and fulfilled in an orderly and timely fashion. N.D. Cent. Code § 49-22-02 (1975).
An electric transmission line and associated facilities with a design in excess of 115kV A gas or liquid transmission line and associated facilities designed for or capable of transporting coal, gas, liquid hydrocarbons, liquid hydrocarbon products, or carbon dioxide N.D. Cent. Code § 49-22-03(12) (2009)
Commission Letter Findings of Public Commission Fact, of Application hearing work session Conclusions intent of Law, and Order Public Input
Exclusion areas Avoidance areas Selection criteria Policy criteria
N.D. Admin. Code §69-06-08-02(1) (2006) a. Designated or registered national: parks; memorial parks; historic sites and landmarks; natural landmarks; monuments; and wilderness areas. b. Designated or registered state: parks; historic sites; monuments; historical markers; archaeological sites; and nature preserves. c. County parks and recreational areas; municipal parks; and parks owned or administered by other governmental subdivisions. d. Areas critical to the life stages of threatened or endangered animal or plant species. e. Areas where animal or plant species that are unique or rare to this state would be irreversibly damaged.
N.D. Admin. Code §69-06-08-02(2) (2006) a. Designated or registered e. Within five hundred feet national: historic districts; [152.4 meters] of a residence, wildlife areas; wild, scenic, or school, or place of business. recreational rivers; wildlife This criterion shall not apply to refuges; and grasslands. a water pipeline transmission facility. b. Designated or registered state: wild, scenic, or f. Reservoirs and municipal recreational rivers; game water supplies. refuges; game management g. Water sources for organized areas; management areas; rural water districts. forests; forest management h. Irrigated land. This criterion lands; and grasslands. shall not apply to an c. Historical resources which underground transmission are not specifically designated facility. as exclusion or avoidance i. Areas of recreational areas. significance which are not d. Areas which are geologically designated as exclusion areas. unstable.
N.D. Admin. Code §69-06-08-02(3) (2006) a. The impact upon b. The impact upon: agriculture: ◦ (1) Noise-sensitive land uses. ◦ (1) Agricultural production. ◦ (2) The visual effect on the adjacent area. ◦ (2) Family farms and ranches. ◦ (3) Extractive and storage ◦ (3) Land which the owner can resources. demonstrate has soil, topography, drainage, and an ◦ (4) Wetlands, woodlands, and available water supply that wooded areas. cause the land to be ◦ (5) Radio and television economically suitable for reception, and other irrigation. communication or electronic ◦ (4) Surface drainage patterns control facilities. and ground water flow ◦ (6) Human health and safety. patterns. ◦ (7) Animal health and safety. ◦ (8) Plant life.
N.D. Admin. Code §69-06-08-02(4) (2006) a. Location and design. b. Training and utilization of available labor in this state for the general and specialized skills required. c. Economies of construction and operation. d. Use of citizen coordinating committees. e. A commitment of a portion of the transmitted product for use in this state. f. Labor relations. g. The coordination of facilities. h. Monitoring of impacts. i. Utilization of existing and proposed rights of way and corridors. j. Other existing or proposed transmission facilities.
Department of Transportation Highway Patrol Department of Health Game and Fish Historical Society Geological Survey Parks and Recreation Department of Agriculture Land Department Others
U.S. Fish and Wildlife Service National Park Service Natural Resource Conservation Service Environmental Protection Agency U.S. Army Corps of Engineers
Setbacks ◦ Occupied residences and other buildings ◦ Roads ◦ Existing transmission lines ◦ Railroads ◦ Property boundaries ◦ Others
Establishment and enforcement of rates or charges and regulations by common pipeline carriers for receiving, gathering, transporting, loading, delivering, and incident storing of crude petroleum, coal or gas purchased or sold in North Dakota; and Enforcement of safety requirements for intrastate distribution and transmission of natural gas
Every person: 1. Owning, operating, or managing any pipeline or any part of any pipeline within this state for the transportation of crude petroleum, gas, coal, or carbon dioxide to or for the public for hire, or engaged in the business of transporting crude petroleum, gas, coal, or carbon dioxide by pipelines; 2. Owning, operating, managing, or participating in the ownership, operation, or management of, under lease, contract of purchase, agreement to buy or sell, or other agreement or arrangement of any kind whatsoever, any pipeline, or any part of any pipeline, for the transportation of crude petroleum, gas, or coal bought from others from any oil, gas, or coal field or place of production, to any distributing, refining, or marketing center or reshipping point; 3. Engaged in the business of producing, purchasing, transporting for hire or transporting for sale within this state of natural gas, which is transported through pipelines, or any part of a pipeline, the right of way for which is granted or secured under the provisions of this chapter or, subject to chapter 32-15, through the exercise of the right of eminent domain; or 4. Made a common carrier by or under the terms of a contract with or in pursuance of the laws of the United States, is a common carrier and is subject to the provisions of this chapter as a common pipeline carrier. N.D. Cent. Code Ch. 49-19
The commission shall take reports from and investigate the books and records kept by any pipeline carrier in connection with its business and make required the company to make monthly reports showing the total quantity of crude petroleum owned by the carrier, the amount held for others, and its unfilled storage capacity. ◦ N.D. Cent. Code §49-19-02
Common pipeline carriers shall make and publish their tariffs under such rules and regulations as may be prescribed by the commission. ◦ N.D. Cent. Code §49-19-17
North Dakota Public Service Commission Kevin Cramer, Commissioner Tony Clark, Commissioner Brian P. Kalk, Commissioner www.psc.nd.gov 701-328-2400 Annette Bendish abendish@nd.gov 701-425-6655
Federal Energy Regulatory Commission Federal Energy Regulatory Commission Federal Energy Regulatory Commission Process for Siting Process for Siting Process for Siting Natural Gas Infrastructure Natural Gas Infrastructure Natural Gas Infrastructure North Dakota Pipeline Authority North Dakota Pipeline Authority October 14, 2010 October 14, 2010 Douglas A. Sipe, Outreach Manager Richard W. Foley, Branch Chief Division of Gas— Division of Pipeline Certificates Environment & Engineering
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