By endorsement to the policy or policies, the general liability insurance required pursuant to § 20:10:36:26 shall include the following:

1. (1) The public utility as an additional insured;
2. (2) A severability of interest clause or cross-liability clause;
3. (3) A provision that the public utility may not by reason of its inclusion as an additional insured incur liability to the insurance carrier for the payment of premium for the insurance; and

4. (4) A 30 calendar days' written notice to the public utility prior to cancellation, termination, alteration, or material change of the insurance.

   If the small generator facility is connected to an account receiving residential service from the public utility and the small generator facility's total generating capacity is 10 kilowatts or smaller, then the endorsements required above do not apply.

Source: 35 SDR 305, effective July 1, 2009.

General Authority: SDCL 49-34A-27 , 49-34A-93.

Law Implemented: SDCL 49-34A-27 , 49-34A-93.