Effective July 1, 2026
49-48-2. Control of electric facility by prohibited person not permitted--Facility subject to forfeiture--De minimis ownership excluded--Certain agreements with prohibited persons unenforceable.
A prohibited person may not control, operate, or own, in whole or in part, an electric facility. An electric facility controlled, operated, or owned in violation of this chapter is subject to forfeiture pursuant to § 49-48-5 and in accordance with the provisions of chapter 23A-49. De minimis stock ownership does not constitute control, operation, or ownership for the purpose of this section.
An operator or owner of an electric facility may not enter into an agreement that grants a prohibited person direct or indirect control of the electric facility. Any agreement, including an easement or lease, in violation of this chapter, which is entered into on or after July 1, 2026, is unenforceable.