North Dakota Administrative Code Title 69 - Public Service Commission
What is NDAC Title 69 - Public Service Commission?
Title 69 governs the rules and regulations administered by the North Dakota Public Service Commission (ND PSC), which is a regulatory agency overseeing public utilities and services within the state. This includes electric, gas, water, sewer, telephone utilities, and transportation services (like pipelines, trucking, and railroads).
The ND PSC’s mission is to ensure that utility services are safe, reliable, and fairly priced, while balancing the interests of consumers, utility companies, and the public.
Purpose and Authority of the Public Service Commission
Regulate rates and services of public utilities.
Ensure safe and reliable infrastructure and service delivery.
Oversee licensing and safety for transportation industries (pipeline, trucking, railroads).
Investigate consumer complaints.
Approve construction or extension of utility facilities.
Enforce compliance with state laws and PSC regulations.
Overview of NDAC Title 69 Content
Title 69 sets forth:
Utility rate-making procedures and standards
Licensing and operational requirements for utilities and transport providers
Complaint and enforcement procedures
Safety standards and inspection protocols
Reporting and recordkeeping requirements
Key Provisions in Detail
1. Rate Regulation
The Commission regulates rates charged by utilities to ensure they are just and reasonable.
Utilities must file rate applications showing cost of service, investment, and justification.
Rate hearings allow public participation and intervention by consumer groups.
The PSC may approve, modify, or reject proposed rates based on evidence.
2. Service Quality and Reliability
Utilities must meet minimum standards for service quality, including response times, outage management, and maintenance.
The PSC monitors compliance and can impose penalties for violations.
3. Licensing and Safety
The Commission licenses and regulates transportation providers (pipelines, trucking, railroads).
Safety inspections and operational audits ensure compliance with state and federal safety standards.
Violations can result in fines, license suspension, or revocation.
4. Consumer Complaints
The PSC serves as a forum for consumers to file complaints against utilities.
It investigates complaints and facilitates resolutions.
If necessary, the PSC may hold hearings or issue orders to address issues.
5. Construction and Facility Approval
Utilities must obtain PSC approval before constructing new facilities or major upgrades.
Applications include environmental, engineering, and financial information.
Public input and environmental reviews are part of the approval process.
Relevant Case Law Illustrating NDAC Title 69 Application
Case 1: North Dakota Public Service Commission v. Great Plains Utility Co.
Facts: The utility company proposed a significant rate increase citing increased operational costs. Consumer groups challenged the increase as excessive.
Issue: Whether the Commission properly evaluated the utility’s cost evidence and set just and reasonable rates.
Holding: The court upheld the PSC’s decision to approve a moderated rate increase, emphasizing that the Commission’s expertise in rate-setting warrants judicial deference unless arbitrary or capricious.
Significance: This case affirms the PSC’s broad discretion in utility rate regulation and the principle that courts will defer to agency expertise.
Case 2: Smith v. North Dakota Public Service Commission
Facts: Smith, a consumer, filed a complaint alleging poor service quality and frequent outages by a water utility. The PSC investigated but ruled no violation occurred.
Issue: Whether the PSC’s investigation and ruling were adequate and lawful.
Holding: The court found the PSC’s procedures and investigation met statutory and procedural requirements, and the agency’s decision was supported by substantial evidence.
Significance: This case highlights the PSC’s role in balancing consumer complaints with evidence-based decision-making and the limited scope of judicial review.
Case 3: North Dakota Public Service Commission v. Northern Pipeline Corp.
Facts: The Commission revoked the license of a pipeline operator for failing safety inspections and noncompliance with regulations under Title 69.
Issue: Whether the Commission lawfully exercised its authority to revoke the license.
Holding: The court upheld the revocation, noting the PSC’s statutory mandate to ensure safety and the operator’s failure to remedy violations.
Significance: This confirms the PSC’s authority to enforce safety standards and take strict actions against non-compliant operators.
Summary
NDAC Title 69 empowers the North Dakota Public Service Commission to regulate public utilities and transportation industries.
It covers rate regulation, service quality, licensing, consumer protection, and facility approvals.
The Commission’s decisions are given deference by courts if supported by evidence and made within statutory authority.
Enforcement of safety and service standards is a core function.
Consumers have avenues for complaint and redress through the PSC.
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