North Dakota Supreme Court upholds process for 92-mile power line
A July 23 ruling leaves JETx approvals intact and warns that parties generally must participate before final agency decisions to preserve later challenges.
The North Dakota Supreme Court on July 23 upheld the Public Service Commission’s handling of a late intervention request involving the JETx transmission project, leaving the commission’s existing approvals in place.
In Wano Township v. North Dakota Public Service Commission, the court affirmed a lower-court judgment upholding the PSC’s denial of the request. The decision did not newly approve the project. The PSC had already granted final approval on June 24.
The ruling carries a broader procedural warning for landowners, townships and local governments involved in North Dakota utility cases: Parties generally must participate before an agency issues its final decision if they want to preserve standing to challenge that decision later.
What the Supreme Court decided
The court’s official case summary says standing to challenge an administrative decision requires participation in the underlying proceeding. It also says the participation burden can be met through minimal involvement, such as raising an issue or advocating for an outcome during the agency process.
The court said intervention during an administrative proceeding is generally granted liberally. Intervention after an agency has issued a final decision, however, is unusual and is not often granted.
In this case, the court concluded that the petitioners had not participated in the earlier proceeding that led to the certificate of public convenience and necessity. The court therefore upheld the conclusion that they generally could not use a later challenge to contest that earlier decision.
The court also found that newspaper publication provided adequate notice in the case. The North Dakota Monitor reported that notice was published in 14 newspapers, including the official newspaper for each affected county.
JETx approvals remain in place
The Supreme Court’s decision leaves the PSC’s JETx approvals intact. On June 24, the commission issued a certificate of corridor compatibility and a route permit for the project, according to the North Dakota Monitor’s report on the PSC action.
JETx is a roughly 92-mile, 345-kilovolt transmission line connecting an Otter Tail Power substation near Jamestown with a Montana-Dakota Utilities substation near Ellendale. The route crosses Stutsman, LaMoure and Dickey counties.
The ruling does not resolve every landowner, environmental or local-government objection to the project. It addresses the procedural posture of the petitioners’ challenge and the PSC’s decision not to allow intervention after the earlier proceeding had concluded.
Why the ruling matters statewide
The case matters beyond the three-county route because the North Dakota PSC has statewide authority over the siting of transmission lines and other energy facilities. Under the state’s Siting Act, covered transmission facilities cannot be located, constructed or operated in North Dakota without a PSC-issued route permit or other required siting approval, according to the commission’s siting guidance.
For people and local governments affected by future utility proposals, the practical lesson is to raise concerns during the agency proceeding that produces the final order. Waiting until a later permit stage may limit the ability to challenge an earlier decision, including a finding about a project’s legal or regulatory authorization.
The ruling does not mean every late intervention request is barred. The Supreme Court described post-decision intervention as unusual and applied its analysis to the procedural posture before it. The notice, participation and appeal rules may differ depending on the specific PSC proceeding.
What happens next
The July 23 decision leaves the PSC’s JETx certificate and route permit in effect. The ruling itself does not set a construction date or authorize a separate project.
Residents, landowners and local governments following future North Dakota utility cases should monitor PSC notices, hearing schedules and filing deadlines. Participating before the agency’s final order may be important if they later seek judicial review.
Sources
- North Dakota Supreme Court opinion, 2026 ND 146
- North Dakota Monitor: Supreme Court sides with utilities, regulators in power line lawsuit
- North Dakota Public Service Commission siting authority
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