Section 69-09-09-03 - Abandonment and useful life - Certificate of operation1. After construction of a facility is complete, the owner annually shall file a certificate of operation with the commission for that facility by April first of each year.2. If no energy is generated by one or more wind turbines for the time period specified in the certificate of operation, a written explanation for the nongenerating wind turbines must accompany the certificate of operation.3. A facility is presumed to be at the end of its useful life if its annual capacity factor is less than ten percent for two consecutive years.4. A facility is presumed to be abandoned if, after commencement of construction and prior to completion, a period of twenty-four consecutive months has passed with no significant construction.5. A presumption under this section may be rebutted by filing a plan for commission approval outlining the steps and schedule for continuing construction or operation of the facility or wind turbine.N.D. Admin Code 69-09-09-03
Effective October 1, 2008.Amended by Administrative Rules Supplement 2017-365, July 2017, effective 7/1/2017.General Authority: NDCC 28-32-02, 49-02-27
Law Implemented: NDCC 49-02-27