North Dakota Century Code

N.D. Cent. Code § 49-02-02 (2026)

Powers of public service commission with reference to public utilities

✓ current as of May 2026
Find cases: SyfertCases citing this section ND-LEGndlegis.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

The commission shall have power to:

1. Investigate all methods and practices of public utilities or other persons, subject to the provisions of this title.

2. Require public utilities or other persons to conform to the laws of this state and to all rules, regulations, and orders of the commission not contrary to law.

3. Require copies of reports, rates, classifications, schedules, and timetables in effect and used by such utilities or other persons and all other information desired by the commission relating to such investigations and requirements to be filed with the commission.

4. Compel obedience to its lawful orders by proceedings of mandamus or injunction or other proper proceedings, in the name of the state, in any court having jurisdiction of the parties or of the subject matter.

5. Hold hearings on good cause being shown therefor or on its own motion, and to provide notice thereof and to shorten the period for which notice must be given prior to hearing, when good cause exists for such action. Such notice, however, must be reasonable in view of the nature, scope, and importance of the hearing. Whenever it appears to the satisfaction of the commission that all of the interested parties have agreed concerning the matter at hand, or that no interested party has asked for a hearing, the commission may issue its order without a hearing.

6. Employ, and fix the compensation of, rate experts, engineers, auditors, attorneys, and all other expert help and assistance for hearings or investigations on applications filed by gas or electric public utilities. The expense of any hearings or investigations and the actual expenses of any employees of the commission while engaged upon any hearing or investigation must be deducted from the application fee paid by the public utility involved. The commission shall ascertain the costs and expenditures. The application fees received by the commission under chapter 49-05 must be deposited in a special account within the public service commission. All moneys deposited in the account are appropriated on a continuing basis to the commission to pay expenses incurred in the processing of cases in which application fees are required. The commission shall refund the portion of a fee collected under chapter 49-05 which exceeds the expenses incurred for processing the case for which the fee was paid. \n Page No. 2

7. Cooperate with and receive technical and financial assistance from the United States, any state, or any department, agency, or officer thereof for any purposes relating to federal energy laws that deal with energy conservation, coal conversion, rate reform, and utilities subject to the jurisdiction of the commission. The commission shall also have the authority to file any reports, hold hearings, and promulgate regulations for any such purposes. Information received by the commission which was developed or obtained by a regional transmission organization market monitor, the organization of midcontinent independent system operator states, and the southwest power pool regional state committee is exempt from section 44-04-18 and section 6 of article XI of the Constitution of North Dakota.

8. Cooperate with and receive technical and financial assistance from the United States, any state, or any department, agency, or officer thereof, and to file such reports and promulgate rules as required by federal law or regulation for any purposes relating to the regulation of safety standards for pipeline facilities and the transportation associated with those pipeline facilities. \n

Notes of Decisions
Cited in 7 cases, 1976–2006 · leading case: Aggie Investments GP v. Pub. Serv. Comm'n, 470 N.W.2d 805 (N.D. 1991).
Aggie Investments GP v. Pub. Serv. Comm'n, 470 N.W.2d 805 (N.D. 1991). · cites it 30× “Aggie argues that Section 49-02-02(5), N.D.C.C., required the PSC to hold a hearing before accepting the offer of settlement.”
Medcenter One, Inc. v. North Dakota State Bd. of Pharmacy, 1997 ND 54 (N.D. 1997). · cites it 4× “463, amending N.D.C.C. § 49-02-02(5), making explicit, what many considered implicit, *642 the Public Service Commission need not hold a hearing if "no interested party has asked for a hearing.”
Shark v. N. States Power Co., 477 N.W.2d 251 (N.D. 1991). · cites it 8× “" Section 49-02-02(5), N.D.C.C., also provides: "Powers of public service commission with reference to public utilities.”
Eckre v. Pub. Serv. Comm'n, 247 N.W.2d 656 (N.D. 1976). · cites it 4× “Section 49-02-02, N.D.C.C. [S.L. 1953, ch.”
N. States Power Co. v. Hagen, 314 N.W.2d 32 (N.D. 1981). · cites it 2× “Require, in its discretion, proof that no unreasonable profit is made in the sale of materials to or services supplied for any public utility by any firm or corporation owned or controlled directly or indirectly by the public utility or any affiliate, subsidiary, parent company,…”
Montana-Dakota Utils. Co. v. Pub. Serv. Comm'n, 431 N.W.2d 276 (N.D. 1988). · cites it 4× “The decision did not limit the methodology that the PSC could use, under Section 49-02-02(6), N.D.C.C. (formerly § 49-0202(6), N.”
Ferderer v. North Dakota, 447 F. Supp. 2d 1053 (D.N.D. 2006). “issioners and commands that any fees they earn must be paid over to the state treasurer and credited to the general fund of the State (§ 49-01-03); the legislature commands that the attorney general is obligated to represent the PSC in all proceedings (§ 49-01-09) and that any…”
— N.D. Cent. Code § 49-02-02(4) — 1 case
Ferderer v. North Dakota, 447 F. Supp. 2d 1053 (D.N.D. 2006). “issioners and commands that any fees they earn must be paid over to the state treasurer and credited to the general fund of the State (§ 49-01-03); the legislature commands that the attorney general is obligated to represent the PSC in all proceedings (§ 49-01-09) and that any…”
— N.D. Cent. Code § 49-02-02(5) — 3 cases
Aggie Investments GP v. Pub. Serv. Comm'n, 470 N.W.2d 805 (N.D. 1991). “Aggie argues that Section 49-02-02(5), N.D.C.C., required the PSC to hold a hearing before accepting the offer of settlement.”
Medcenter One, Inc. v. North Dakota State Bd. of Pharmacy, 1997 ND 54 (N.D. 1997). “463, amending N.D.C.C. § 49-02-02(5), making explicit, what many considered implicit, *642 the Public Service Commission need not hold a hearing if "no interested party has asked for a hearing.”
Shark v. N. States Power Co., 477 N.W.2d 251 (N.D. 1991). “" Section 49-02-02(5), N.D.C.C., also provides: "Powers of public service commission with reference to public utilities.”
— N.D. Cent. Code § 49-02-02(6) — 1 case
Montana-Dakota Utils. Co. v. Pub. Serv. Comm'n, 431 N.W.2d 276 (N.D. 1988). “The decision did not limit the methodology that the PSC could use, under Section 49-02-02(6), N.D.C.C. (formerly § 49-0202(6), N.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.