South Dakota 34A — Gas And Electric Utilities Regulation
- 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 pettyoffense--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-9 — Deviation from schedules of rates and charges prohibited--Violation as pettyoffense--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 — Intervenors permitted to appear at rate change hearing--Disclosure,pertinency, and disclaimer requirements--Intervenors not afforded partystatus.
- 49-34A-14 — Suspension of schedule pending rate change hearing--Time.
- 49-34A-15 — Repealed.
- 49-34A-16 — Delay in effectuation of suspended rate schedule pending disposition ofpreviously filed changes--Time--Violation as petty offense--Separateoffenses.
- 49-34A-17 — Proposed changes automatically in effect after six months--Records ofcustomer payments pending decision--Refund of excess.
- 49-34A-18 — Repealed.
- 49-34A-19 — Costs and revenue considered in determining rates--Acquisition cost ofproperty as alternative--Projected income and expenses.
- 49-34A-19.1 — Separate accounts required for nonutility business--Profits and lossesconsidered by commission.
- 49-34A-19.2 — Disallowance for rate purposes of unreasonable profits of affiliates in salesor 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 chargespending determination on increases.
- 49-34A-23 — Action by commission for refund of excess charges pending determinationon 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, advalorem taxes paid or commission approved fuel incentives--Revised rateschedule filed by utility--Filing of bond if commission orders--Order ofcommission--Appeal.
- 49-34A-25.1 — Approval of tariff mechanisms for automatic annual adjustment of chargesfor 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.
- 49-34A-29 — Issue of security or assumption of liability by utility prohibited unlessauthorized by commission.
- 49-34A-30 — Short-term obligations permitted without commission approval--Maximumoutstanding.
- 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 prohibitedunless commission consents.
- 49-34A-35 — Sale, lease, or merger between public utilities prohibited unless authorizedby commission--Small transactions excepted.
- 49-34A-36 — Investigation of proposed disposition of property between utilities--Order--Factors considered.
- 49-34A-37 — Purchase of voting stock in other utilities prohibited without commission'sconsent--Violation as petty offense--Separate offenses.
- 49-34A-38 — Property disposition and stock purchase prohibitions inapplicable to federallyregulated transactions.
- 49-34A-38.1 — Authorization of Public Utilities Commission required to acquire or controlmore than ten percent of capital stock of public utility.
- 49-34A-39 — Investigation of condition of public utilities--Hearings.
- 49-34A-40 — Commission access to utility premises to examine, test and inspect--Utility'sright 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--Connectingfacilities in another area.
- 49-34A-43 — Boundaries of assigned service areas--Contracts between utilities--Serviceareas within municipalities.
- 49-34A-44 — Maps of service areas to be filed by electric utilities--Boundaries assigned bycommission order--Adjustment of intertwined service areas--Protest ofassigned service areas.
- 49-34A-45 — Payments to municipality from revenues of cooperative providing electricservice within municipality.
- 49-34A-46 — Payments to municipality owning electric system from revenues of electricutility 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 purchaseof electric facilities in annexed area.
- 49-34A-52 — Acknowledgment by utility of municipal offer to purchase facilities inannexed area--Obligations of parties.
- 49-34A-53 — 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 andutilities.
- 49-34A-56 — Large new customers not required to take service from assigned utility--Notice and hearing by commission--Factors considered.
- 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--Orderto correct inadequacy--Transfer of rights on failure to comply.
- 49-34A-59 — Hearing on violation of service area provisions--Time for decision.
- 49-34A-60 — 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 unlesscommission directs.
- 49-34A-62 — Parties entitled to rehearings and appeals--Procedure.
- 49-34A-63 — , 49-34A-64. Repealed.
- 49-34A-65 — Bond required when stay or suspension granted--Other security in additionor 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 — Rate stability plan for phase-in of rate increases.
- 49-34A-74 — Approval of rate stability plan.
- 49-34A-75 — Annual review of rate stability plan.
- 49-34A-76 — Filing general rate case prior to operation of capital additions.
- 49-34A-77 — Filing fee for rate stability plan.
- 49-34A-78 — Nonapproval of rate stability 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
- 49-34A-92
- 49-34A-81 — Repealed.
- 49-34A-82 — Definitions.
- 49-34A-83 — Refund or credit of certain taxes for construction of certain power productionfacilities.
- 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 percentageof 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-92 — Promulgation of rules.
- 49-34A-93 — Implementation of and compliance with Public Utility Regulatory PoliciesAct and Energy Policy Act--Promulgation of rules.
- 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.