N.D. Cent. Code § 10-13-03

10-13-03. Powers of electric cooperatives

In addition to the powers granted by the general law governing cooperatives, electric

cooperatives have the power:

1. To generate, manufacture, purchase, acquire, and accumulate electrical energy and to

transmit, distribute, sell, furnish, and dispose of such electrical energy to its members,

and to other persons not in excess of ten percent of the number of its members.

However, a cooperative that acquires existing electrical facilities may continue service

to persons, not in excess of twenty percent of the number of its members, who are

already receiving service from such facilities without requiring such persons to become

members but such persons may become members upon such terms as may be

prescribed in the bylaws. An electric generation or transmission cooperative providing

electric energy to other cooperatives, public utilities, municipalities, or any department

or agency of the state or federal government shall not be limited to the ten percent and

twenty percent limitation on the transmission, distribution, sale, furnishing, and

disposal of electric energy as provided in this subsection.

2. To establish, maintain, and operate electrical cold storage and electrical processing

plants.

3. To construct, erect, purchase, lease as lessee, and in any manner acquire, own, hold,

maintain, operate, sell, dispose of, lease as lessor, exchange, and mortgage plants,

buildings, works, machinery, supplies, equipment, apparatus, and transmission and

distribution lines or systems necessary and proper for the operation of its business.

4. To assist only its members to wire their premises and install therein electrical and

plumbing fixtures, machinery, supplies, apparatus, and equipment of any and all kinds

and character, and in connection therewith and for such purposes, to purchase,

acquire, lease, sell, distribute, install, and repair electrical and plumbing fixtures,

machinery, supplies, apparatus, and equipment of any and all kinds and character, and

to receive, acquire, endorse, pledge, hypothecate, and dispose of notes, bonds, and

other evidences of indebtedness.

5. To furnish to other corporations, limited liability companies, or cooperatives organized

under this chapter, or to the members thereof, electrical energy, wiring facilities,

electrical and plumbing equipment, and services.

6. To use any highway, right of way, easement, or other similar property right owned or

held by the state or any political subdivision thereof in connection with the acquisition,

construction, improvement, operation, or maintenance of its lines, with the consent of

the local authorities having control of the street or highway proposed to be used for

such purpose.

7. Subject to chapter 32-15, to have and exercise the power of eminent domain to

acquire private property for its use, such right to be paramount except as to property of

the state or any political subdivision thereof.

8. To fix, regulate, and collect rates, fees, rents, or other charges for electrical energy and

other facilities, supplies, equipment, or services furnished by it.

9. To make contracts with other cooperatives, with public utilities, with municipalities, or

with any department or agency of the state or federal government, for the sale at

wholesale to, or interchange of electric energy with, such cooperatives, public utilities,

municipalities, or department or agency of the state or federal government, and,

notwithstanding any provisions of this chapter, such cooperatives, public utilities,

municipalities, or department or agency of the state or federal government shall be

eligible to membership in cooperatives organized under this chapter.

10. To establish and operate by itself or with any one or more electric cooperatives an

electric generation or transmission cooperative for the purpose of providing electric
any provisions of this chapter, such cooperatives, public utilities,

municipalities, or department or agency of the state or federal government shall be

eligible to membership in cooperatives organized under this chapter.

10. To establish and operate by itself or with any one or more electric cooperatives an

electric generation or transmission cooperative for the purpose of providing electric

energy to other cooperatives, public utilities, municipalities, or any department or

agency of the state or federal government.