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South Dakota Codified Laws
Title 49
Chapter 49-34A
S.D. Codified Laws ch. 49-34A
Gas and Electric Utilities Regulation
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49-34A-1
Definition of terms.
49-34A-2
Service required of utilities.
49-34A-2.1
Refusal of service without permission of commission prohibited--Exceptions--Violation as petty offense--Separate offenses.
49-34A-3
Unreasonable preferences and prejudices prohibited--Violation as petty offense--Separate offenses.
49-34A-4
Regulatory powers of commission--Rules.
49-34A-5
Municipal authority terminated.
49-34A-6
Rates to be reasonable and just--Regulation by commission.
49-34A-7
System of accounts.
49-34A-8
Criteria for determination of rates by commission.
49-34A-8.1
Policy to alleviate financial burden of pricing structure.
49-34A-8.2
Incentive rates for improved performance and efficiency.
49-34A-8.3
Business development rates--Public interest exception.
49-34A-8.4
Burden on public utility to establish criteria for determination of rates.
49-34A-9
Deviation from schedules of rates and charges prohibited--Violation as petty offense--Separate offenses.
49-34A-10
Tariffs and schedules filed by utilities--Public inspection.
49-34A-11
Burden of proving reasonableness of rates.
49-34A-12
Change in rates--Notice to commission and affected customers.
49-34A-13
Hearing on rate changes.
49-34A-13.1
Persons permitted to appear before commission or submit comments--Disclosure of identity and interest--Party status controlled by statutes and rules.
49-34A-14
Suspension of proposed rate or practice pending hearing--Time.
49-34A-15
Repealed
Repealed
49-34A-16
Delay in effectuation of suspended rate schedule pending disposition of previously filed changes--Time--Violation as petty offense--Separate offenses.
49-34A-17
Implementation of proposed practice, proposed rate, or lower rate--Rate design--Accounts of customer payments--Refund of excess--Time limit.
49-34A-18
Repealed
Repealed
49-34A-19
Costs and revenue considered in determining rates--Acquisition cost of property as alternative--Projected income and expenses.
49-34A-19.1
Separate accounts required for nonutility business--Profits and losses considered by commission.
49-34A-19.2
Disallowance for rate purposes of unreasonable profits of affiliates in sales or services to utility.
49-34A-20
Rate increases not required to prevent competition.
49-34A-21
Determination of rates--Order--Maximum rate--Classification adjustment.
49-34A-22
Future rate reduction or credit as alternative to refund of excess charges pending determination on increases.
49-34A-23
Action by commission for refund of excess charges pending determination on increase--Costs recovered--Limitation of actions.
49-34A-24
Municipal taxes on utilities passed on to customers.
49-34A-25
Automatic adjustment of rates for changes in energy, fuel and gas costs, ad valorem taxes paid or commission approved fuel incentives--Revised rate schedule filed by utility--Filing of bond if commission orders--Order of commission--Appeal.
49-34A-25.1
Approval of tariff mechanisms for automatic annual adjustment of charges for jurisdictional costs of new or modified transmission facilities.
49-34A-25.2
Approval, rejection, or modification of certain tariffs--Notice and hearing.
49-34A-25.3
Filing for annual rate adjustments--Contents.
49-34A-25.4
Standards for approval of annual rate adjustments.
49-34A-26
Investigation of rates or services by commission--Notice--Action.
49-34A-27
Standards, classifications, regulations or practices fixed by commission--Measuring devices--Quality control--Filing with commission.
49-34A-28
Repealed
Repealed
49-34A-29
Issue of security or assumption of liability by utility prohibited unless authorized by commission.
49-34A-30
Short-term obligations permitted without commission approval--Maximum outstanding.
49-34A-31
Prompt disposition of applications on securities and obligations--Continuance.
49-34A-32
Findings required to permit issue of securities or assumption of obligation.
49-34A-33
Order permitting issue of securities or assumption of obligations--Supplemental orders.
49-34A-34
Application of security or proceeds in contravention of order prohibited unless commission consents.
49-34A-35
Sale, lease, disposition, purchase, merger, or consolidation prohibited unless authorized by commission--Certain transactions excepted.
49-34A-36
Investigation of proposed disposition of property--Time for decision.
49-34A-37
Purchase of voting stock in other utilities prohibited without commission's consent--Violation as petty offense--Separate offenses.
49-34A-38
49-34A-38, 49-34A-38.1. Repealed by SL 2007, ch 270, §§ 4, 5.
49-34A-39
Investigation of condition of public utilities--Hearings.
49-34A-40
Commission access to utility premises to examine, test and inspect--Utility's right to representation--Utilities to cooperate and assist.
49-34A-41
Order for production of utility books and records--Out-of-state records.
49-34A-42
Electric utility's exclusive rights in assigned service area--Connecting facilities in another area.
49-34A-43
Boundaries of assigned service areas--Contracts between utilities--Service areas within municipalities.
49-34A-44
Maps of service areas to be filed by electric utilities--Boundaries assigned by commission order--Adjustment of intertwined service areas--Protest of assigned service areas.
49-34A-45
Payments to municipality from revenues of cooperative providing electric service within municipality.
49-34A-46
Payments to municipality owning electric system from revenues of electric utility operating within municipality.
49-34A-47
Time of payments to municipality.
49-34A-48
Electric utility's right to continue service in area annexed to municipality.
49-34A-49
Municipal offer to purchase electric facilities in annexed area.
49-34A-50
Purchase price for electric facilities in area annexed by municipality.
49-34A-51
Application for determination by commission of price for municipal purchase of electric facilities in annexed area.
49-34A-52
Acknowledgment by utility of municipal offer to purchase facilities in annexed area--Obligations of parties.
49-34A-53
Repealed
Repealed
49-34A-53.1
Purchase of facilities in territory annexed after July 1, 1975--Time limit--Determination of gross revenue.
49-34A-54
Purchase by utility of areas disannexed by municipality.
49-34A-55
Sale or exchange of rights and property allowed between municipalities and utilities.
49-34A-56
Large new customers not required to take service from assigned utility--Notice and hearing by commission--Factors considered.
49-34A-56.1
Data centers--Cost of electric service agreement processing--Deposit.
49-34A-57
Extension of lines to serve utility's or municipality's own property.
49-34A-58
Adequacy of service determined by commission--Notice and hearing--Order to correct inadequacy--Transfer of rights on failure to comply.
49-34A-59
Notice and hearing on violation of service area provisions--Time for decision.
49-34A-60
Repealed
Repealed
49-34A-61
Burden of proof on party seeking to modify or vacate commission order.
49-34A-61.1
Rehearings--Application--Grant or refusal--Time--Orders not stayed unless commission directs.
49-34A-62
Parties entitled to rehearings and appeals--Procedure.
49-34A-63
49-34A-63, 49-34A-64. Repealed by SL 1976, ch 296, § 30.
49-34A-65
Bond required when stay or suspension granted--Other security in addition or in lieu--Refund of increase not allowed on appeal.
49-34A-66
Violation of law or commission order--Civil penalty.
49-34A-67
Each violation or day's continuation as separate offense.
49-34A-68
Penalties cumulative--Single action does not bar other remedies.
49-34A-69
Commission to refer violations to attorney general.
49-34A-70
Preference on calendar for proceedings under chapter.
49-34A-71
Chapter complete--Laws in conflict repealed.
49-34A-72
Commission participation in federal proceedings--Recovery of expenses.
49-34A-73
Phase in rate plan for rate increases due to plant additions.
49-34A-73.1
Plant additions defined.
49-34A-74
Approval of phase in rate plan--Conditions.
49-34A-75
Review of reasonableness of rates under phase in rate plan--Adjustment.
49-34A-76
Filing of general rate case after end of phase in rate plan--Exception.
49-34A-77
Filing fee for phase in rate plan.
49-34A-78
Nonapproval of application for phase in rate plan.
49-34A-79
Public or electric utilities authorized to remove certain obstructions.
49-34A-80
Certain commercial small power production facilities subject to 49-34A-80 to 49-34A-92.
49-34A-92
Promulgation of rules.
49-34A-81
Repealed
Repealed
49-34A-82
Definitions.
49-34A-83
Refund or credit of certain taxes for construction of certain power production facilities.
49-34A-84
Requirements for refund.
49-34A-85
Amount of refund.
49-34A-86
Application for refund--Refund claim not assignable--Exception.
49-34A-87
Secretary to prescribe form and documentation requirements.
49-34A-88
Deadline for submitting claim for refund--Department to withhold percentage of refund.
49-34A-89
Withheld amounts paid at completion of project.
49-34A-90
Fraudulent claim--Refunded sums constitute lien in favor of state.
49-34A-91
Right to hearing on denial of refund claim.
49-34A-93
Implementation of and compliance with certain federal energy acts.
49-34A-94
Renewable electricity and recycled energy defined.
49-34A-95
Renewable energy credits for electricity authorized.
49-34A-96
Promulgation of rules regarding renewable energy credit system.
49-34A-97
Approval of tariff mechanisms for automatic annual adjustment of charges for environmental improvements.
49-34A-98
Approval, rejection, or modification of certain electric service tariffs.
49-34A-99
Annual rate adjustment filings for certain electric service tariffs.
49-34A-100
Approval, rejection, or modification of annual rate adjustment.
49-34A-101
State renewable, recycled, and conserved energy objective established.
49-34A-102
Qualifications for meeting renewable, recycled, and conserved energy objective.
49-34A-103
Calculation of amount of electricity from renewable, recycled, and conserved energy source.
49-34A-104
Evaluation of use as reasonable and cost effective.
49-34A-105
Annual reports concerning renewable, recycled, and conserved energy objective.
49-34A-106
Purchase and retirement of renewable energy and recycled energy credits.
49-34A-107
Separation and protection of assets of gas and electric utilities.
49-34A-108
Electric utility to file rates for purchases of electricity produced by small renewable power facilities.
49-34A-109
Definitions.
49-34A-110
Responsibility for safety and reliability of farm tap distribution system.
49-34A-111
Liability of farm tap service provider.
49-34A-112
Repealed
Repealed
49-34A-113
Repealed
Repealed
49-34A-114
Repealed
Repealed
49-34A-115
Repealed
Repealed
49-34A-116
Electric vehicle charging station--Electric utility--Exception.