Terms defined in SDCL 49-34B-1 have the same meaning when used in this chapter. In addition, terms used in this chapter mean:

1. (1) "Incident," any of the following events:

   1. (a) A release of gas from a gas pipeline facility or of liquefied natural gas or gas from a liquefied natural gas facility; and

      1. (i) A death, or personal injury necessitating in-patient hospitalization; or
      2. (ii) Estimated property damage or cost of gas lost of the operator or another, or both, in the aggregate amount of $145,000 or more;
   2. (b) An event that results in an emergency shutdown of a liquefied natural gas facility; or
   3. (c) An event that is significant, in the judgment of the operator, even though it did not meet the criteria of subdivisions (a) and (b) above;
2. (2) "Incident docket," a docket opened with the commission upon the initiation of an investigation of an incident;
3. (3) "Incident report," the report drafted by an inspector after an incident;
4. (4) "Inspection," a review of the books, files, records, reports, supplemental data, other documents and information, and an examination of the plant, property, and facilities of a pipeline operator to ensure compliance with applicable pipeline safety standards;
5. (5) "Inspection report," the report drafted by an inspector after an inspection of any type, except for an incident; and
6. (6) "Inspector," a pipeline safety inspector employed by, or contracted as, an agent of the commission; and

7. (7) "Pipeline safety program," the program administered by the commission with regulatory jurisdiction over the safety standards and practices of all jurisdictional intrastate natural gas and other gas pipelines within this state.

   Declaratory Ruling: The Public Utilities Commission filed a declaratory ruling with the Legislative Research Council in the matter of The Proper Classification of Certain NorthWestern Energy Pipelines. The question before the Commission was whether a pipeline, which operates at less than twenty percent of specified minimum yield strength, and is owned in part by Northern Natural Gas and in part by NorthWestern Energy, should be classified as a transmission or a distribution line when Northern Natural Gas had opted to classify its portion of the pipeline as a transmission line pursuant to 49 C.F.R. § 192.3. The Commission ruled that Northern Natural Gas’s classification of its portion of the pipelines was not dispositive to NorthWestern’s classification, and because the pipelines operate at less than twenty percent of specified minimum yield strength, do not transport within a storage field, and do not transport gas from a gathering pipeline or storage facility, the pipelines are properly classified as distribution. Declaratory Ruling PS 25-002, dated December 18, 2025, and available at: https://puc.sd.gov/commission/dockets/pipelinesafety/2025/PS25-002/PS25-002DecRuling.pdf.

Source: 36 SDR 57, effective October 19, 2009 ; 52 SDR 32, effective September 29, 2025 .

General Authority: SDCL 49-34B-4 , 49-34B-19 .

Law Implemented: SDCL 49-34B-3 , 49-34B-4 , 49-34B-19 .

Prior versions effective: 2009-10-19.