Section 49-34A-23 - Action by commission for refund of excess charges pending determinationon increase--Costs recovered--Limitation of actions. - South Dakota Statutes

49-34A-23. Action by commission for refund of excess charges pending determination on increase--Costs recovered--Limitation of actions. If, after a suspended schedule has been put into effect pursuant to § 49-34A-17, the rates are finally determined to be excessive but the public utility fails to make refunds within the period of time prescribed by the Public Utilities Commission, the commission shall sue therefor and is authorized to recover on behalf of all persons entitled to a refund. In addition to the amount of the refund and interest due, the commission shall be entitled to recover reasonable attorney's fees, court costs and estimated cost of administering the distribution of the refund to persons entitled thereto. No suit under this section shall be maintained unless instituted within two years after the end of the period of time prescribed by the commission for repayment of refunds.

Source: SL 1975, ch 283, § 9; SL 1976, ch 296, § 21.