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September 15, 2020

Request: May the North Dakota Transmission Authority acquire an existing transmission facility? If so, is the Transmission Authority required to provide notice of intent and a public comment period?

Conclusion: The North Dakota Transmission Authority has the statutory authority to acquire an existing facility. N.D.C.C. Section 17-05-06 requires the Transmission Authority to publish notice and provide a comment period before constructing a transmission facility. As the Transmission Authority wishes to acquire an existing facility, the requirements of N.D.C.C. Section 17-05-06 do not apply.

Opinion: 2020-L-05

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