Section 69-09-10-03 - 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. A facility is presumed to be at the end of its useful life if its annual capacity factor is less than five percent for two consecutive years.3. 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.4. 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.N.D. Admin Code 69-09-10-03
Adopted 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