PSC denies request to reconsider vote on JETx project

Jun. 19—BISMARCK — The North Dakota Public Service Commission on Wednesday, June 19, unanimously denied a request to reconsider a vote on the JETx transmission line project.

The PSC granted Otter Tail Power Co. and Montana-Dakota Utilities Co. certificates of public convenience and necessity for the JETx project in November.

"We very much appreciate the PSC sticking with their previous order of approval," said Stephanie Hoff, director of communications for Otter Tail Power. "There are processes in place for large projects of this nature for a reason, and we believe that the PSC handled its previous decision appropriately and according to the process that was designed for this very purpose."

The proposed Jamestown to Ellendale transmission line project covers 95 miles and has a cost estimate of $440 million. The project connects the Otter Tail Power substation north of Jamestown along North Dakota Highway 20 to the MDU substation near Ellendale. The line will have a 345-kilovolt capacity and will be capable of moving electricity in either direction as needed.

The project was requested by the regional power grid operator Midcontinent Independent System Operators (MISO) and is promoted as a way to improve regional power grid reliability. MISO manages the power grid for a 15-state area and parts of the Manitoba province.

Hoff said the purpose of the project is to ensure the transmission lines aren't congested, which could lead to less reliability and resilience in the grid.

"So now is the time for us to do this project because we have the opportunity to do it in a very cost effective way for customers in this region with our involvement in MISO," Hoff said. "I think the key exciting factor is that this project helps to ensure that North Dakota continues to remain a viable and vital part of this region. It needs the energy to do so, and we just want to make sure the energy can get from point A to point B the way it needs to."

A group of North Dakota landowners and township residents directly affected by the JETx project asked the PSC to rescind its November order approving the project. The group says the project was unlawfully approved and should not move forward.

PSC Commissioner Sheri Haugen-Hoffart said an individual filed a petition in May on behalf of the group of North Dakota landowners and township residents for the PSC to reconsider its order on Nov. 20 that granted certificates of public convenience and necessity for the JETx project. She said the petition came too late.

"Within 15 days, they have to petition to reconsider and they did not file timely," she said, referring to North Dakota Administrative Code 69-02-06-02.

Haugen-Hoffart said landowners and township residents directly affected by the JETx project will get another opportunity to address their concerns with the project when Otter Tail Power and MDU file for the corridor and route permit.

Hoff told The Jamestown Sun that the certificate of corridor compatibility and route siting permit application will be sent to the PSC in the third quarter of 2025.

She said the board of supervisors for the Corwin and Homer townships denied the project's conditional use permit and setback variance.

"The project hasn't yet been able to obtain landowner waivers on those township setbacks," she said.

Tyler Perleberg, tax director for Stutsman County, said Homer Township approved an amendment to its zoning ordinance to enact a 2,640-foot setback for gas and liquid transmission lines. He said he hasn't yet seen Corwin Township's amendment to its zoning ordinance for a setback for gas and liquid transmission lines.

"I know when they were talking about it, they were looking at 2,600 feet," he said, referring to Corwin Township.

Hoff said the project developers are hoping to get setback variances for the 2,640-foot setback so the project can continue on its preferred route. With the setback variances, project developers would see if the transmission line be installed within the 2,640-foot setback.

In February, the Stutsman County Commission rejected a proposed zoning ordinance for gas and liquid transmission lines. The commission referred the issue back to the Stutsman County Planning and Zoning Commission.

The proposed zoning ordinance would have required a setback distance of 2,600 feet between any occupied dwelling and a new high voltage power line or large pipeline.

The county commission rejected the proposed zoning ordinance due to language in the North Dakota Century Code that supersedes local ordinances.

The current standard is set at 500 feet by the North Dakota Public Service Commission.

The current Stutsman County zoning ordinance does not address setbacks for electrical transmission lines or pipelines.

Perleberg said townships can approve their own zoning amendments.

"The townships that don't choose to do their own zoning, they fall under our (Stutsman County) policy," he said.