Terms defined in SDCL 49-41B-2 have the same meaning in this chapter. Other terms in this chapter mean:

1. (1) "Affected area," that area which may be affected environmentally, socially, or economically by the location of a facility at a proposed site;
2. (2) "Applicant," a person or persons who apply for a permit to construct a facility in the state of South Dakota under SDCL 49-41B. For projects with more than one participant, the person or persons designated by and acting on behalf of the participants;
3. (3) "Application," an application for a permit submitted to the commission pursuant to SDCL 49-41B;
4. (4) "Plant site," the site of and that area immediately adjacent to a proposed energy conversion facility and to those associated facilities to be constructed in conjunction with the proposed energy conversion facility;
5. (5) "Transmission site," that affected area on either side of and adjacent to a proposed transmission facility or associated facility;
6. (6) "Wind energy site," the site of and the area immediately adjacent to a proposed wind energy facility and any associated facilities;

7. (7) "Solar energy site," the site of, and the area immediately adjacent to, a proposed solar energy facility and any associated facilities.

   Declaratory Rulings: The Public Utilities Commission filed a declaratory ruling with the Legislative Research Council in the matter of PPM Energy Inc.’s petition for a declaratory ruling. The question before the commission was whether an energy facility siting permit was required pursuant to SDCL chapter 49-41B for multiple projects which would cumulatively generate over 100mW of electricity. The commission found that based upon the facts the projects are not commonly managed and integrated, therefore, they are separate projects over which the commission does not have siting jurisdiction. Declaratory Ruling EL07-018, dated November 16, 2007, and available at: https://puc.sd.gov/commission/orders/electric/2007/el07-018dr.pdf.

   The Public Utilities Commission filed a declaratory ruling with the Legislative Research Council in the matter of Black Hills Power, Inc’s (d/b/a Black Hills Energy (BHE)) petition for a declaratory ruling. The question before the commission was whether a siting permit was required pursuant to SDCL chapter 49-41B for the rebuild of an existing 230kV transmission line where the rebuild did not include an increase in nameplate carrying capacity, did not change the line’s status as a transmission facility, and was to occur within existing rights-of-way. The commission declared that because the rebuild of the transmission line did not meet the definition of a modified facility pursuant to SDCL 49-41B-2.2, the rebuild was not “construction” as defined by SDCL 49-41B-2, and therefore no permit was required. Declaratory Ruling EL 17-031, dated September 5, 2017, and available at: https://puc.sd.gov/commission/orders/electric/2017/el17-031.pdf

   The Public Utilities Commission filed a declaratory ruling with the Legislative Research Council in the matter of Lookout Solar Park I, LLC’s petition for a declaratory ruling. The question before the commission was whether the commission had jurisdiction pursuant to SDCL chapter 49-41B over a 110mW solar facility to be located in this state on land within the Pine Ridge Indian Reservation. The commission found that it had jurisdiction and declared that the 110mW solar facility was an energy conversion facility as defined by SDCL 49-41B-2. Therefore, the commission found a permit was required for the facility pursuant to SDCL 49-41B-4. Declaratory Ruling EL 17-056, dated January 17, 2018, and available at: https://puc.sd.gov/commission/orders/electric/2018/el17-056.pdf.

Source: 5 SDR 1, effective July 25, 1978; 7 SDR 41, effective November 3, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 32 SDR 109, effective December 26, 2005 ; 47 SDR 125, effective May 30, 2021 .

General Authority: SDCL 49-41B-35 (2).

Law Implemented: SDCL 49-41B-1 , 49-41B-35 (2).

Prior versions effective: 2005-12-26.