N.D. Admin. Code 69-09-09-01

Current through Supplement No. 394, October, 2024

Section 69-09-09-01 - Definitions

1. "Capacity factor" means the ratio of the actual output generated by a facility for a period of time, to the output that could be produced at the nameplate generating capacity of that facility.

2. "Certificate of operation" means an affidavit executed by the owner certifying to the commission a facility's:

a. Nameplate generating capacity;

b. Annual capacity factor;

c. Annual megawatt hour output; and

d. Monthly megawatt hour output.

3. "Commercial wind energy conversion facility" means a wind energy conversion facility with one or more wind turbines that has a total nameplate generating capacity equal to or greater than five hundred kilowatts.

4. "Commission" means the public service commission.

5. "Construction" means any clearing of land, excavation, or other action that would affect the environment of the site of a facility, but does not include activities incident to preliminary engineering or environmental studies.

6. "Decommissioning plan" means a plan filed with the commission that includes:

a. The anticipated life of the facility;

b. A decommissioning cost estimate, excluding salvage offsets that reduce decommissioning cost;

c. A description of the method used for determining the decommissioning cost estimate;

d. The anticipated manner in which the project will be decommissioned;

e. A description of any expected effects on present and future natural resource development; and

f. A detailed plan of financial assurance sufficient to ensure decommissioning.

7. "Existing facility" means a facility for which a certificate of site compatibility was issued prior to July 1, 2017, or, if no certificate of site compatibility was issued, a facility that commenced operation prior to July 1, 2020.

8. "Facility" means a commercial wind energy conversion facility, including wind turbines, towers, bases, blades, transformers, cables, lines, substations, concrete, fences, facility access roads, and all areas disturbed by the construction, operation, maintenance, or decommissioning activities.

9. "Owner" means a person who holds a certificate of site compatibility pursuant to North Dakota Century Code chapter 49-22, or if no certificate was issued, a person who owns a facility or part of a facility.

N.D. Admin Code 69-09-09-01

Effective October 1, 2008.

Amended by Administrative Rules Supplement 2017-365, July 2017, effective 7/1/2017.

Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.

General Authority: NDCC 28-32-02, 49-02-27

Law Implemented: NDCC 49-02-27