25.3084.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives Novak, D. Anderson, Dockter, Hagert, Heinert, J. Olson, Porter, Tveit
Senators Boehm, Patten
A concurrent resolution urging the Southwest Power Pool and Midcontinent Independent
System Operator to promptly and decisively act to maintain the reliability of the bulk power
system by addressing market failures that have allowed capacity retirements to outpace
replacement.
WHEREAS, the welfare of North Dakota's citizens and its economic security depend on a
reliable, affordable, and resilient electric power supply; and
WHEREAS, the Federal Energy Regulatory Commission has expressed concerns about the
reliability and stability of the regional and national electricity grid due to the rapid retirement of
dispatchable generation resources, delays in the development of replacement capacity, and the
increasing reliance on intermittent energy sources, which collectively pose risks to the ability of
regional transmission organizations like Southwest Power Pool and Midcontinent Independent
System Operator to ensure consistent and reliable power delivery; and
WHEREAS, the North American Electric Reliability Corporation's 2024 Long-Term Reliability
Assessment warns that over half of North America faces elevated risks of energy shortages due
to increasing demand, rapid generator retirements, and delays in resource development; and
WHEREAS, the Midcontinent Independent System Operator has been identified as a
high-risk region, with resource adequacy targets potentially falling short within the next 5 years,
while the Southwest Power Pool is also categorized as an elevated-risk region; and
WHEREAS, Midcontinent Independent System Operator and Southwest Power Pool, which
serve North Dakota, have experienced repeated maximum generation alerts and load-shedding
events in recent years, highlighting the critical need to address resource adequacy and
reliability issues; and
WHEREAS, the accelerated retirement of dispatchable base-load generation resources,
combined with insufficient replacement capacity, creates a widening reliability gap as
weather-dependent resources saturate the grid; and
Page No. 1 25.3084.01000
HOUSE CONCURRENT RESOLUTION NO. 3015
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25 Sixty-ninth
Legislative Assembly
WHEREAS, announced dispatchable generation retirements in the 15-state Midcontinent
Independent System Operator region are projected to exceed 30 gigawatts by 2030, further
exacerbating resource adequacy challenges; and
WHEREAS, direct and indirect subsidies for specific energy resources distort market
economics, making it difficult for dispatchable base-load generation resources to remain
economically viable and accelerating early retirement; and
WHEREAS, Midcontinent Independent System Operator has identified six critical reliability
attributes, including availability, energy assurance, fuel assurance, rapid start-up capability,
ramp-up capability, and voltage stability, which are essential for maintaining grid reliability; and
WHEREAS, reforming market pricing mechanisms are urgently needed to ensure these
critical attributes are appropriately valued, supporting the continued operation of resources
necessary for grid reliability and resilience; and
WHEREAS, state and federal renewable energy mandates, while promoting the
development of weather-dependent generation, do not fully account for impacts on grid
reliability, market distortions, and the availability of dispatchable generation during periods of
peak demand and extreme weather; and
WHEREAS, under the leadership of President Donald Trump, executive actions, including
the "unleashing American energy" executive order, emphasized the importance of maintaining
domestic energy reliability, reducing regulatory barriers, and promoting fair competition for all
energy resources on a level playing field; and
WHEREAS, North Dakota supports a diversified energy strategy that includes thermal,
renewable, and emerging technologies, such as hydrogen and carbon capture, utilization, and
storage, to ensure the state and the nation have access to an affordable, reliable, and resilient
energy grid;
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF
NORTH DAKOTA, THE SENATE CONCURRING THEREIN:
That the Sixty-ninth Legislative Assembly urges Southwest Power Pool and Midcontinent
Independent System Operator to take immediate and decisive actions to maintain the reliability
of the bulk power system by addressing market failures that have allowed capacity retirements
to outpace replacement; and
Page No. 2 25.3084.01000
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30 Sixty-ninth
Legislative Assembly
BE IT FURTHER RESOLVED , that the Sixty-ninth Legislative Assembly urges the Public
Service Commission and North Dakota Transmission Authority to advocate for policies at
Midcontinent Independent System Operator and Southwest Power Pool that fairly compensate
dispatchable base-load energy resources, accurately value all generation resources based on
contributions to grid reliability, and ensure the availability of generation at all hours to meet
demand; and
BE IT FURTHER RESOLVED , that market structures must reflect and promote a balanced
energy mix by valuing thermal, renewable, and emerging resources based on the utility's ability
to maintain grid reliability, affordability, and resilience; and
BE IT FURTHER RESOLVED , that the Secretary of State forward copies of this resolution
to the Federal Energy Regulatory Commission, Public Service Commission, North Dakota
Transmission Authority, each member of the North Dakota Congressional Delegation,
Midcontinent Independent System Operator, and Southwest Power Pool.
Page No. 3 25.3084.01000
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