STATE STATUTES & CODES

SOUTH DAKOTA STATUTES AND CODES

Chapter 34A - Gas And Electric Utilities Regulation

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• Section 49-34A-15 - Repealed.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• Section 49-34A-18 - Repealed.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