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.