reglab/housing_qa huggingface dataset:
SD Codified L § 49-34A-16 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 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-16. Delay in effectuation of suspended rate schedule pending disposition of previously filed changes--Time--Violation as petty offense--Separate offenses.No public utility may put a suspended rate schedule into effect until at least forty-five days after the Public Utilities Commission has made a determination concerning any previously filed change of the rate schedule. An intentional violation of this section is a petty offense. After the first judgment, each day's violation is a separate offense. Source: SL 1975, ch 283, §9; SL 1976, ch 296, §16; SL 1983, ch 15, §142.
SD Codified L § 49-34A-17 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 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-17. Implementation of proposed practice, proposed rate, or lower rate--Rate design--Accounts of customer payments--Refund of excess--Time limit.The public utility may implement the proposed practice, the proposed rate, or a rate lower than the proposed rate if:(1)The proposed rate or practice has not been suspended or is no longer subject to suspension;(2)The commission has not issued a final decision; and(3)Thirty days has passed from the date of filing.If the public utility implements the proposed rate or a rate lower than the proposed rate, the public utility shall use the same rate design that is currently in effect or the rate design that the public utility proposed when the public utility filed for the increased rate. If the public utility uses a rate design different than the rate design currently in effect or the rate design the public utility proposed when the public utility filed for the increased rate, commission approval is needed prior to implementation.In the case of a proposed increased rate, the commission may, by order, require the public utility to keep an accurate account in detail of all amounts received by reason of the increase, specifying by whom and in whose behalf the amounts are paid. Upon completion of the hearings and decision, the commission may by further order require the public utility to refund, with interest, to customers, the portion of the increased rates found to be unjust, unreasonable, or discriminatory. The refund shall be carried out as provided in §§49-34A-22 and 49-34A-23. If the commission does not issue a final decision within twelve months from the date the proposed rate or practice was filed, the commission may not require a refund of increased rates charged after the twelve months. Source: SL 1975, ch 283, §8; SL 1976, ch 296, §17; SL 1977, ch 392, §1; SL 2008, ch 242, §2; SL 2011, ch 209, §1.
SD Codified L § 49-34A-19 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-19 - Costs and revenue considered in determining rates--Acquisition cost of property as alternative--Projected income and expenses.

49-34A-19. Costs and revenue considered in determining rates--Acquisition cost of property as alternative--Projected income and expenses.In determining the rate base upon which the utility is to be allowed to earn a fair rate of return, the Public Utilities Commission shall use the depreciated original cost of the property. However, the commission may alternatively use the full acquisition cost of any property acquired by the utility after the property was first devoted to public use. Full acquisition cost of such property shall be used if:(1)The utility makes application prior to acquisition;(2)The commission holds a hearing;(3)The commission finds that the cost of acquisition is prudently incurred; and(4)The commission finds that the acquisition will provide benefits to the utility's customers.In determining the revenue requirement the commission shall consider revenue, expenses, cost of capital and any other factors or evidence material and relevant thereto. The commission may take into consideration the reasonable income and expenses that will be forthcoming in a period of twenty-four months in advance of the test year. Source: SL 1975, ch 283, §12; SL 1976, ch 296, §18; SL 1982, ch 330; SL 1990, ch 375.
SD Codified L § 49-34A-19.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-19.1 - Separate accounts required for nonutility business--Profits and losses considered by commission.

49-34A-19.1. Separate accounts required for nonutility business--Profits and losses considered by commission.Each public utility engaged directly or indirectly in any other business than that of the production, transmission or furnishing of gas or electricity to the public shall, if required by the commission, keep and render separately to the commission the accounts of all such other businesses, in which case all the provisions of this chapter shall apply to the books, accounts, papers, and records of such other business and all profits and losses may be taken into consideration by the commission if deemed relevant to the general fiscal condition of the public utility. Source: SDCL, §49-34A-19 as added by SL 1976, ch 296, §18; SL 1991, ch 386, §2.
SD Codified L § 49-34A-19.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-19.2 - Disallowance for rate purposes of unreasonable profits of affiliates in sales or services to utility.

49-34A-19.2. Disallowance for rate purposes of unreasonable profits of affiliates in sales or services to utility.The Public Utilities Commission, in determining the allowance for materials or services to be included in costs of operations for rate-making purposes, may disallow any unreasonable profit made in the sale of materials to or service supplied for any public utility by any firm or corporation owned or controlled directly or indirectly by such utility or any affiliate, subsidiary, parent company, associate or any corporation whose controlling stockholders are also controlling stockholders of such utility. The burden of proof shall be on the public utility to prove that no unreasonable profit is involved. Source: SDCL, §49-34A-19 as added by SL 1976, ch 296, §18.
SD Codified L § 49-34A-20 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-20 - Rate increases not required to prevent competition.

49-34A-20. Rate increases not required to prevent competition.No public utility shall be required to generally increase its rates as to customers of an entire class for the purpose of preventing competition between two public utilities. Source: SL 1975, ch 283, §5.
SD Codified L § 49-34A-21 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-21 - Determination of rates--Order--Maximum rate--Classification adjustment.

49-34A-21. Determination of rates--Order--Maximum rate--Classification adjustment.If, after the hearing, the Public Utilities Commission fails to find the rates to be just and reasonable or if the commission finds the rate to be discriminatory, the commission shall determine the level of rates to be charged or applied by the utility for the service in question and shall fix the same by order to be served upon the utility; and the rates are thereafter to be observed until changed, as provided by this chapter. In no event shall the rates exceed the level of rates requested by the public utility. Rate classifications may be adjusted upward or downward by the commission; provided the anticipated receipts will not exceed the amount of return requested. Source: SL 1975, ch 283, §11; SL 1976, ch 296, §19.
SD Codified L § 49-34A-22 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-22 - Future rate reduction or credit as alternative to refund of excess charges pending determination on increases.

49-34A-22. Future rate reduction or credit as alternative to refund of excess charges pending determination on increases.If, after a suspended schedule has been put into effect pursuant to §49-34A-17, the rates are finally determined to be excessive, the commission may, as an alternative to ordering an immediate refund, reduce future rates that would otherwise be charged to offset such excessive rates; or as an alternative order that a credit on future electric or gas bills be given to all consumers based on the proportionate electric or gas bills paid by all consumers in the month prior to such order being entered. Source: SL 1975, ch 283, §9; SL 1976, ch 296, §20; SL 1991, ch 386, §3.
SD Codified L § 49-34A-23 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-23 - Action by commission for refund of excess charges pending determination on increase--Costs recovered--Limitation of actions.

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.
SD Codified L § 49-34A-24 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-24 - Municipal taxes on utilities passed on to customers.

49-34A-24. Municipal taxes on utilities passed on to customers.If any municipal corporation imposes a sales tax or non ad valorem tax on revenues collected or earnings by any public utility, such public utility shall add the tax collected on to the respective bills to be paid by the various persons purchasing electricity or natural, manufactured, or mixed gas in such municipality. Source: SL 1975, ch 283, §17.
SD Codified L § 49-34A-25 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 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. 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.The commission shall permit a public utility to file rate schedules containing provisions for the automatic adjustment of charges for public utility service in direct relation to changes in wholesale rates for energy delivered, the delivered costs of fuel used in generation of electricity, the delivered cost of gas, ad valorem taxes paid, or commission approved fuel incentives. The amended rate schedules shall be filed with the commission on or before the effective date of the change in costs, and if the commission determines that the revised rate schedule is in error, the commission may within ten days of receipt thereof require by order the public utility to file a bond or other security upon such terms and conditions as the commission may require and for such purposes as contained in §§49-34A-17 and 49-34A-22. Such rates may go into effect on the date of the change in costs subject to the above refund provisions. Failure of the commission to enter an order in regard thereto shall be deemed approval. The public utility may appeal such order pursuant to and in accordance with §49-34A-62. Source: SL 1975, ch 283, §13; SL 1977, ch 393, §1; SL 1979, ch 316; SL 1996, ch 276.
SD Codified L § 49-34A-25.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 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-25.1. Approval of tariff mechanisms for automatic annual adjustment of charges for jurisdictional costs of new or modified transmission facilities.Notwithstanding any other provision of this chapter, the commission may approve a tariff mechanism for the automatic annual adjustment of charges for the jurisdictional costs of new or modified transmission facilities with a design capacity of thirty-four and one-half kilovolts or more and which are more than five miles in length. For the purposes of §§49-34A-25.1 to 49-34A-25.4, inclusive, electric transmission facilities and electric transmission lines covered by this section include associated facilities such as substations and transformers. Source: SL 2006, ch 239, §1.
SD Codified L § 49-34A-25.2 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-25.2 - Approval, rejection, or modification of certain tariffs--Notice and hearing.

49-34A-25.2. Approval, rejection, or modification of certain tariffs--Notice and hearing.Upon filing of an application consistent with rules promulgated by the commission by any public utility providing transmission service, the commission may approve, reject, or modify, after notice, hearing, and comment, a tariff that:(1)Allows the public utility to recover on a timely basis the costs net of revenues of facilities described in §49-34A-25.1;(2)Allows a return on investment at the level approved in the public utility's last general rate case, unless a different return is found to be consistent with the public interest;(3)Provides a current return on construction work in progress, if the recovery from retail customers for the allowance for funds used during construction is not sought through any other mechanism;(4)Allocates project costs appropriately between wholesale and retail customers; and(5)Terminates recovery once costs have been fully recovered or have otherwise been reflected in the public utility's general rates. Source: SL 2006, ch 239, §2.
SD Codified L § 49-34A-25.3 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-25.3 - Filing for annual rate adjustments--Contents.

49-34A-25.3. Filing for annual rate adjustments--Contents.A public utility may file annual rate adjustments to be applied to customer bills paid under the tariff approved pursuant to §49-34A-25.2. In the utility's filing, the public utility shall provide:(1)A description of and context for the facilities included for recovery;(2)A schedule for implementation of applicable projects;(3)The public utility's costs for these projects;(4)A description of the public utility's efforts to ensure the lowest reasonable costs to ratepayers for the project; and(5)Calculations to establish that the rate adjustment is consistent with the terms of the tariff established in §49-34A-25.2. Source: SL 2006, ch 239, §3.
SD Codified L § 49-34A-25.4 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-25.4 - Standards for approval of annual rate adjustments.

49-34A-25.4. Standards for approval of annual rate adjustments.Upon receiving a filing under §49-34A-25.3 for a rate adjustment pursuant to the tariff established in §49-34A-25.2, the commission shall approve the annual rate adjustments if, after notice, hearing, and comment, the costs included for recovery through the tariff were or are expected to be prudently incurred and achieve transmission system improvements at the lowest reasonable cost to ratepayers. Source: SL 2006, ch 239, §4.
SD Codified L § 49-34A-26 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-26 - Investigation of rates or services by commission--Notice--Action.

49-34A-26. Investigation of rates or services by commission--Notice--Action.On its own motion or upon a complaint made against any public utility, by the governing body of any political subdivision, by another public utility, or by any twenty-five consumers of the particular utility that any of the rates, tolls, tariffs, charges, or schedules or any joint rate or any regulation, measurement, practice, act or omission affecting or relating to the transmission, delivery or furnishing of natural gas or electricity or any service in connection therewith is in any respect unreasonable, insufficient or unjustly discriminatory, or that any service is inadequate or cannot be obtained, the Public Utilities Commission shall proceed, with notice, to make such investigation as it may deem necessary and take such action as deemed necessary and appropriate. Source: SL 1975, ch 283, §14; SL 1976, ch 296, §22.
SD Codified L § 49-34A-27 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-27 - Standards, classifications, regulations or practices fixed by commission--Measuring devices--Quality control--Filing with commission.

49-34A-27. Standards, classifications, regulations or practices fixed by commission--Measuring devices--Quality control--Filing with commission.The Public Utilities Commission after hearing upon reasonable notice had upon its own motion or upon complaint, may ascertain and fix just and reasonable standards, classifications, regulations or practices to be observed and followed by any or all public utilities with respect to the service, product, or commodity to be furnished; ascertain and fix adequate and reasonable standards for the measurement of the quantity, quality, pressure, initial voltage or other condition pertaining to the supply of such service, product, or commodity; prescribe reasonable regulations for the examination and testing of such service, product, or commodity and for the measurement thereof; establish or approve reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements; and provide for the examination and testing of any and all appliances used for the measurement of any service, product, or commodity of any public utility. Any standards, classifications, regulations or practices now or hereafter observed or followed by any public utility may be filed with the commission, and the same shall continue in force until amended by the public utility or until suspended or changed by the commission as provided in this chapter. Source: SL 1975, ch 283, §15.
SD Codified L § 49-34A-29 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-29 - Issue of security or assumption of liability by utility prohibited unless authorized by commission.

49-34A-29. Issue of security or assumption of liability by utility prohibited unless authorized by commission.No public utility organized under the laws of this state or any public utility organized under the laws of any other state receiving more than twenty-five percent of its gross revenue in this state and which nonresident public utility is not subject to the jurisdiction of the federal power commission in the issuance of its securities shall issue any security, or assume any obligation or liability as guarantor, endorser, surety, or otherwise, in respect of any security of another person, unless and until, and then only to the extent that, upon application by the public utility, the Public Utilities Commission by order authorizes such issue or assumption of liability. Source: SL 1975, ch 283, §18; SL 1977, ch 394, §1.
SD Codified L § 49-34A-30 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-30 - Short-term obligations permitted without commission approval--Maximum outstanding.

49-34A-30. Short-term obligations permitted without commission approval--Maximum outstanding.Section 49-34A-29 shall not apply to the issue or renewal of, or assumption of liability on, a note or draft maturing not more than one year after the date of such issue, renewal, or assumption of liability, and aggregating, together with all other then outstanding notes and drafts of a maturity of one year or less on which such public utility is primarily or secondarily liable, not more than five percentum of the par value of the other securities of the public utility then outstanding. In the case of securities having no par value, the par value for the purpose of this section shall be the fair market value as of the date of issue. Source: SL 1975, ch 283, §21.
SD Codified L § 49-34A-31 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-31 - Prompt disposition of applications on securities and obligations--Continuance.

49-34A-31. Prompt disposition of applications on securities and obligations--Continuance.All applications to the Public Utilities Commission under the provisions of §§49-34A-29 and 49-34A-30 shall be disposed of promptly, and in any event within thirty days after petition is filed with the commission unless, for good cause, it is necessary to continue consideration thereof for a longer period. Whenever such application is continued beyond said thirty-day period the commission shall enter its order effecting such continuance and stating fully therein the facts requiring continuance for a designated period of time. Source: SL 1975, ch 283, §22; SL 1976, ch 296, §23.
SD Codified L § 49-34A-32 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-32 - Findings required to permit issue of securities or assumption of obligation.

49-34A-32. Findings required to permit issue of securities or assumption of obligation.The Public Utilities Commission shall make an order under §49-34A-29 only if it finds that an issue or assumption is for some lawful object, within the corporate purposes of the applicant and compatible with the public interest, which is necessary or appropriate for or consistent with the proper performance by the applicant of service as a public utility and which will not impair its ability to perform that service, and is reasonably necessary or appropriate for such purposes. Source: SL 1975, ch 283, §18.