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U.S. State Codes
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South-Dakota
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Title 49 - Public Utilities...
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Chapter 34A - Gas And Electric Utilities Regula...
Chapter 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 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§ 49-34A-15 Repealed.
§ 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§ 49-34A-18 Repealed.
§ 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.
§ 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-38.1. Repealed.
§ 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.
§ 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-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.
§ 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-64. Repealed.
§ 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 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 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-92 Promulgation of rules.
§ 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 Interim legislative committee to study issues related to electric services in annexed area.
§ 49-34A-113 Duties of interim legislative committee.
§ 49-34A-114 Report of interim legislative committee.
§ 49-34A-115 Staffing and funding of interim legislative committee.