Lawsuit contends North Dakota utilities, regulators mishandled powerline case
A lawsuit challenges a North Dakota powerline project, alleging utilities and regulators bypassed proper permitting processes and excluded local input.Summary
A legal dispute is unfolding in North Dakota concerning the Jamestown to Ellendale (JETx) high-voltage transmission line. Residents and local governments are appealing a previous decision by the North Dakota Public Service Commission (PSC), claiming they were improperly excluded from the permitting process. The lawsuit argues that Otter Tail Power and Montana-Dakota Utilities filed for a certificate of public convenience and necessity under an incorrect state statute, which prevented direct notification to townships and opportunities for public input.
The utilities maintain they followed standard procedures, citing similar applications. However, opponents contend this procedural error stifled debate during route permit hearings, as the 'public need' had already been predetermined. The dispute centers on whether the appeal clock began when the PSC approved the certificate or when townships became aware of the action, with the plaintiffs arguing the latter.
The JETx project has sparked controversy due to its potential impact on local aesthetics, farming operations, and property values, as well as its connection to data centers and renewable energy transmission. House Bill 1258, granting the PSC zoning authority over large powerlines, further fueled the debate, allowing utilities to build closer to residences. The case is now before the North Dakota Supreme Court, representing the last hope for opponents seeking to ensure proper local involvement in the project’s development.
(Source：Kiowa County Press)