# Title 49 — Public Utilities

## Chapter 49-01 — Public Service Commission

### § 49-01-01. Definitions.

In this title, unless the context or subject matter otherwise requires:
1. "Commission" means the public service commission.
2. "Commissioner" means one of the members of the public service commission.
3. "Public utility" includes any association, person, firm, corporation, limited liability
company, or agency engaged or employed in any business enumerated in this title.
4. "Rate" means and includes every compensation, charge, fare, toll, rental, and
classification, or any of them, demanded, observed, charged, or collected by any
public utility for any service, product, or commodity, offered by it to the public, and any
rules, regulations, practices, or contracts affecting any such compensation, charge,
fare, toll, rental, or classification.
### § 49-01-01.1. Public service commission program fund - Transfer to general fund.

1. A special fund is established in the state treasury and designated as the public service
commission program fund. Moneys deposited in the fund may be spent by the public
service commission pursuant to legislative appropriation to defray the expenses of the
commission.
2. Revenue from the following sources must be deposited in the public service
commission program fund:
a. Any fees collected to test or calibrate weighing and measuring devices and
licensing of registered service companies and persons;
b. All money received from the public utility assessment;
c. All money received from the siting administrative fee; and
d. All interest and investment income earned on the balance of the fund.
3. The office of management and budget shall transfer any balance in the public service
commission program fund that exceeds one million one hundred thousand dollars to
the general fund at the end of each biennium.
### § 49-01-02. Public service commission - How constituted.

The three persons elected public service commissioners, pursuant to the provisions of
article V, section 2, of the Constitution of North Dakota, constitute and shall be known and
designated as the public service commission of the state of North Dakota. They shall elect one
of their number chairman of the commission and shall appoint a secretary.
### § 49-01-03. Oath of public service commissioners.

Each commissioner before entering upon the duties of the office shall take the oath required
of civil officers.
### § 49-01-04. Offices of public service commission.

The commissioners shall keep their office at the seat of government and shall be provided
with a suitable room, necessary office furniture, stationery, books, and maps, the expense
thereof to be paid out of the state treasury pursuant to the appropriation for such purpose.
### § 49-01-05. Salary of commissioners.

The annual salary of a commissioner is one hundred thirty-nine thousand two hundred
fifty-six dollars through June 30, 2026, and one hundred forty-three thousand four hundred
thirty-four dollars thereafter. All fees received or charged by any commissioner for any act or
service rendered in any official capacity must be accounted for and paid over by the

commissioner monthly to the state treasurer and must be credited to the general fund of the
state.
### § 49-01-06. Public service commission - Majority vote.

All questions arising in connection with the action of the commissioners shall be decided by
a majority vote.
### § 49-01-07. Proceedings of public service commission - Pledge of allegiance.

The commission in all cases may conduct its proceedings, when not otherwise particularly
prescribed by law, in a manner most conducive to the proper dispatch of business and to the
ends of justice. A majority of the commission shall constitute a quorum for the transaction of
business, but a commissioner shall not participate in any hearing or proceeding in which that
commissioner has any direct personal pecuniary interest. The commission from time to time
may make or amend such general rules or orders as may be requisite for the orderly regulation
of proceedings before it, including forms of notice and the service thereof, which shall conform
as nearly as possible to those in use in the courts of this state. Any party may appear before the
commission and may be heard in person or by attorney. Every vote and official action of the
commission shall be entered of record and its proceedings shall be public upon the request of
any person interested. The commission shall have an official seal, which shall be judicially
noticed, and every commissioner shall have the right to administer oaths and affirmations in any
proceeding pending before the commission. At the beginning of each regularly scheduled
meeting of the commission, members must be given the opportunity to participate in a voluntary
recitation of the pledge of allegiance.
### § 49-01-08. Appointment of examiners by public service commission.

The commission may designate any special assistant attorney general appointed by the
attorney general as commerce counsel or counsel to the commission, the director of auto
transportation, the chief statistician, the chief engineer, or any other person qualified in the law
or possessing knowledge or expertise in the subject matter of the hearing to act as examiner for
the purpose of holding any hearing which the commission, or any member thereof, has power or
authority to hold.
### § 49-01-09. Attorneys for public service commission - Attorney general - State's

attorney - Duties - Additional counsel - Compensation.
The attorney general shall be ex officio attorney for the commission and personally or
through commerce counsel shall:
1. Give to the commission such counsel, advice, and assistance necessary for the proper
discharge of its powers and duties.
2. Appear for, and represent, the state at all hearings of the commission or appeals
therefrom when necessary.
3. Institute, prosecute, or defend any action or proceeding which the commission may
deem proper and expedient.
The state's attorney in any county, on request of the commission, shall institute, prosecute,
appear in, and defend for the commission any and all actions and proceedings which the
commission may institute and prosecute or to which the commission is a party. The commission
may employ additional counsel to assist such attorney general or state's attorney, when in its
judgment the exigencies of the case may require. The fee of such additional counsel shall be
determined by the commission and approved by the office of management and budget and paid
out of funds appropriated for such purpose.
### § 49-01-10. Assistants - Authority of public service commission to appoint.

The commission may employ stenographers, rate experts, and such other employees as
may be deemed necessary in the discharge of its official duties.

### § 49-01-11. Enforcement of orders of commission - Costs and expenses.

All costs and expenses actually incurred by or upon the order of the attorney general
incident to any litigation arising in connection with the enforcement of orders of the commission
or other litigation commenced by or in charge of the attorney general shall be paid out of the
general fund of the state upon vouchers to be approved by the office of the budget.
### § 49-01-12. Disposition of penalties.

Except as otherwise provided, any penalty which shall be collected for violation of any
provision of this title shall be paid into the state treasury for the general fund.
### § 49-01-12.1. Public utility fee.

1. The commission shall assess each electric and gas utility a fee in proportion to
the utility's respective gross operating revenues from the retail sale of gas and
electric service within the state during the preceding calendar year. The total of
the combined assessments may not exceed three hundred thousand dollars per
biennium. The fee must be paid quarterly and deposited in the public service
commission program fund.
2. In January of each year, each electric and gas public utility shall file with the public
service commission the amount of gross receipts derived from the company's
customers within the state during the preceding calendar year. The commission shall
review the gross receipts annually and adjust the fee for each utility in proportion to the
gross operating revenues.
### § 49-01-13. Biennial report.

The commission shall submit a report to the governor and the secretary of state in
accordance with section 54-06-04.
### § 49-01-14. When copies of official documents are evidence.

Copies of all official documents and orders filed or deposited according to law in the office of
the commission, certified by a commissioner or by the secretary or assistant secretary of the
commission under its official seal to be true copies of the originals, shall be evidence in like
manner as the originals.
### § 49-01-15. Charges for copies and records determined by the public service

commission.
The commission shall determine and fix all charges for furnishing copies, records, reports,
and evidence. All fees charged and collected under this section, except those for transcripts of
evidence which shall be paid to the person preparing such transcripts, shall be paid into the
general fund of the state treasury.
