The North Dakota Public Service Commission on Wednesday denied a petition to rescind its Nov. 20, 2024, certificate of public convenience and necessity for an approximately 85-mile, 345 kilovolt transmission line proposed by Otter Tail Power Company and MDU Utilities Inc.

Commissioners said the petition, filed May 21, 2025, by Douglas J. Veil on behalf of landowners and townships, was untimely under state administrative rules and statutes and did not present new evidence that would justify reopening the matter. The commission also overruled an objection to a proposed order filed by the utilities and denied intervention and rehearing requests tied to the petition.

The petition sought rescission and reopening of the commission’s Nov. 20, 2024 order that granted certificates for the Jamestown-to-Ellendale transmission project. The commission’s order on Wednesday cited North Dakota Administrative Code section 69-02-0602 and North Dakota Century Code provisions on timing for petitions and appeals, noting that reconsideration and appeals must be filed within statutory deadlines.

“While the commission’s order lacks specific headings of finding of facts and conclusions of law, the discussion section does contain the facts the commission relied upon [and] the conclusion of the law used,” the commission’s decision said in describing why the petition did not provide a legal basis for rescission. The order concluded: “The petitioner's petition to intervene in this proceeding is denied. The petitioner's petition to resend the commissioner's 11/20/2024 order is denied, and the petitioner's petition to open the proceeding is denied.”

Commissioners who spoke during the meeting reiterated that a certificate of public convenience and necessity addresses the need for a project and the applicant’s fitness to serve; it does not authorize specific siting or routes. The commission said a separate certificate of corridor compatibility and route permit — governed by different statutes and rules — would be required before construction and would be subject to its own public hearings when an application is filed.

The commission approved the order denying the petition by voice vote with all commissioners present signaling approval.

The transmission line applicants, Otter Tail Power and MDU Utilities, previously filed for the certificate jointly on Feb. 29, 2024, and the commission issued notice and an order granting certificates on Nov. 20, 2024. The petitioners did not file a timely petition for reconsideration within 15 days after notice of the decision, nor did they file a timely appeal within 30 days, the commission said. The project’s proponents also filed a proposed order on June 16, 2025, to which petitioners filed objections; those objections were overruled.

The commission said its decision preserves regulatory finality and the orderly administration of agency decisions; it noted petitioners may raise siting and route concerns through the separate corridor-permit process if and when an application for route approval is filed.