# Title 49 — Public Utilities

## Chapter 49-20 — Electric Companies

### § 49-20-01. Definitions.

As used in this chapter, unless the context otherwise clearly requires:
1. "Electrical supply lines" shall mean those electrical conductors and their necessary
supporting and containing structures which are used for transmitting a supply of
electrical energy.
2. "Operation" shall be construed and applied only in relation to the manner of operating
the lines referred to so as to avoid or minimize the hazard of injury to persons or
property and to avoid or mitigate interference with the service of signal lines.
3. "Signal lines" shall mean those lines for public or private signal or communication
service and devoted exclusively to the transmission of signals or intelligence which
operate at not more than four hundred volts to ground or seven hundred fifty volts
between any two points of the circuit and the transmitted power of which does not
exceed one hundred fifty watts.
### § 49-20-02. Commission to regulate operation and maintenance of electrical lines.

The commission shall regulate the construction, reconstruction, operation, and maintenance
of all electrical supply lines and signal lines located in, under, or across the public highways or
public places in this state, within and without the limits of incorporated cities, to the extent
necessary to avoid or mitigate interference from electrical supply lines and for the purpose of
avoiding or minimizing the hazard of injury to persons or property by reason of the close
association or proximity of electrical supply lines to or with signal lines.
### § 49-20-03. Applications - Specifications - Drawings - Prerequisites to construction.

Prior to commencing the construction or reconstruction of any electrical supply line intended
to carry:
1. A constant potential alternating current of over five thousand volts;
2. A constant current circuit exceeding seven and one-half amperes; or
3. A grounded trolley direct current of over seven hundred fifty volts,
or prior to converting a line of another character to one of these, written application shall be
made to the commission by the person desiring to construct or reconstruct, or convert said line.
The application shall be accompanied by such drawings and specifications as shall show the
route of the proposed line in detail and the method of construction and operation, and said
application, drawings, or specifications also shall show the route and location relative to the
proposed line of any other existing electrical supply or signal line over, across, or parallel with
which the proposed line is to be constructed, together with the names of the owners thereof and
such other preliminary information as the commission may require.
### § 49-20-04. Hearing upon application - Time - Witnesses - Evidence.

Upon receipt of the written application provided for in section 49-20-03, the commission
shall set a date not later than thirty days from the date of the receipt of the application for a
hearing upon the matter, and at least ten days before the date of said hearing shall notify in
writing each of the parties affected or likely to be affected by the construction or reconstruction
of said line. At such hearing, the commission shall swear witnesses, take evidence, and make
such an investigation as shall determine all of the facts in the case. If the party desiring to build
the line files its written consent to abide by the rules and regulations of the commission or the
order issued in relation to the matter, then and in that case said party may proceed to construct
such line.
### § 49-20-05. Grant of application without hearing.

Whenever the application provided for in section 49-20-03 is filed with the commission and
it shall appear to its satisfaction that all of the interested parties have agreed in writing in regard

to the methods of construction, reconstruction, operation, and maintenance of the proposed line,
such application thereupon shall be granted without hearing.
### § 49-20-06. Apportionment of costs.

The commission shall apportion between the interested parties the costs or additional costs
which may accrue from the adoption of plans, methods, or means in order to avoid, minimize, or
mitigate interference or hazard.
### § 49-20-07. Rules and regulations adopted by commission.

Repealed by omission from this code.
### § 49-20-08. Municipalities - Complaints - Hearings.

Any municipality of the state shall have the right to file a complaint with the commission to
enforce the provisions of this chapter. The commission shall hold a public hearing whenever any
such municipality shall file written complaint and set forth facts which require action on the part
of the commission in order to avoid or mitigate electrical interference from electrical supply lines
or for the purpose of avoiding or minimizing the hazard of injury to persons or property by
reason of the close association or proximity of signal lines with electrical supply lines.
### § 49-20-09. Regulatory nature of measures - Penalty for violation.

The provisions of sections 49-20-02 through 49-20-08 shall not be construed to affect,
control, or change the franchise rights of persons, firms, corporations, or limited liability
companies owning or operating electrical supply or signal lines in or upon the highways of this
state and shall be construed only as regulatory measures intended to avoid or mitigate
interference from electrical supply lines with signal lines and to avoid or minimize the hazard of
injury to persons or property by reason of the close association or proximity of electrical supply
lines to or with signal lines. Any person violating any of the provisions of said sections or any
order made by the commission pursuant thereto shall be punished by a fine of not less than
twenty-five dollars nor more than fifty dollars.
### § 49-20-10. Commission may require extension of electric transmission lines.

Whenever any city, or the inhabitants thereof within, or contiguous to, the territory served by
an electric transmission line operated by a public utility subject to the jurisdiction of the
commission shall desire to obtain the service furnished by such public utility, the proper
authorities of such city, or fifteen percent of the inhabitants thereof, may petition the commission
for the extension of such transmission line and service to, into, or through such municipality. The
commission thereupon shall enter into an investigation concerning the practicability and
reasonableness of such proposed extension and service and the public convenience and
necessity to be subserved thereby, and if, after notice and hearing, the commission finds that
such extension of line and service is practicable and can be made reasonably, taking into
consideration the amount of revenue likely to be derived therefrom and the prospect for a
reasonable return to the utility upon the value of such extension, and further finds that public
convenience and necessity will be subserved thereby, and that the city or territory contiguous
thereto is not already receiving electric service from another public utility or electric cooperative
corporation, the commission, by its order, shall require the extension of such line and service by
such public utility for the purpose of serving such municipality and the inhabitants thereof upon
condition that a franchise for such operation be granted to such public utility by the proper
authorities of such municipality, and upon such other terms and conditions as may be just and
reasonable. A certified copy of such order, when filed with the auditor of such municipality, shall
have the same force and effect as an application by the utility for a franchise. The commission
shall fix just and reasonable rates for such service and such reasonable rules and regulations
as may be necessary pertaining thereto.

### § 49-20-11. Appeals from orders of commission.

Any municipality, public utility, or person affected by an order of the commission made under
the provisions of this chapter may prosecute and conduct an appeal to the courts in the manner
prescribed in chapter 28-32.
### § 49-20-12. Injury to electric supply lines - Penalty.

Repealed by S.L. 1975, ch. 106, § 673.
### § 49-20-12.1. Notice of change in topography of lands under or adjacent to electric

transmission or telecommunications lines.
Before any change is made in the topography of lands under, or adjacent to, any electric
transmission or telecommunications lines, which change would increase the hazard to travel, or
to persons or property, the one proposing to make such change shall, except in the case of an
emergency, at least ten days before proceeding therewith, notify the public utility or cooperative
corporation operating such electric transmission or telecommunications lines. Such notification
shall clearly state the nature and location of the proposed change in topography and shall be
sent to such public utility or cooperative corporation at its principal place of business within the
state by registered or certified mail. In case of an emergency, when ten days' notice cannot be
given, notice shall be given, as herein provided, prior to proceeding with such change.
### § 49-20-13. Electric current - Fraudulent use - Misdemeanor.

Repealed by S.L. 1975, ch. 106, § 673.
### § 49-20-14. Meter deposits to electric power companies.

Repealed by S.L. 1983, ch. 514, § 2.
### § 49-20-15. Liability of electric companies for inductive interference.

No person owning or operating electric light and power facilities shall be liable, in the
absence of negligent construction or operation of such electric light and power facilities, for
inductive interference caused in communication circuits, and shall not, in the absence of
negligent construction or operation of such electric light and power facilities, be required to bear
any portion of the cost of avoiding, minimizing, or mitigating such inductive interference. The
burden of proof of negligent construction or operation of such electric light and power facilities
shall be upon the person complaining of the inductive interference.
