2012 South Dakota Codified Laws
Title 49 PUBLIC UTILITIES AND CARRIERS
Chapter 41B. Energy Conversion And Transmission Facilities
§49-41B-22 Applicant's burden of proof.

49-41B-2.2. Modified facility defined. For the purposes of this chapter, a facility is considered to be modified if:

(1) A gas or liquid transmission line that did not meet the definition of a transmission facility prior to building the line is to be modified in such a way that the line will meet the definition of a transmission facility after the modification is complete. No permit is required for steel pipe and associated facilities, as described in subsection 49-41B-2.1(2)(b), operating on July 1, 2010, that have been historically calculated at an ongoing constant pressure of less than twenty percent of specified minimum yield strength unless the pipeline operator intends to increase the ongoing constant pressure to twenty percent or more. No permit is required for plastic pipe and associated facilities, as described in subsection 49-41B-2.1(2)(b), operating on July 1, 2010, that have been historically calculated at an ongoing constant pressure of less than fifty percent of the design pressure unless the pipeline operator intends to increase the ongoing constant pressure to fifty percent or more;

(2) An electric transmission line that does not meet the definition of a transmission facility prior to building the line is to be modified in such a way that the line will meet the definition of a transmission facility after the modification is complete or the nameplate carrying capacity of an electric transmission facility is to be increased by an additional twenty kilovolts or greater; or

(3) The nameplate generating capacity of an energy conversion facility is to be increased by a net additional one hundred megawatts or greater.

Source: SL 2010, ch 226, § 3.