reglab/housing_qa huggingface dataset:
SD Codified L § 49-34A-51 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-51 - Application for determination by commission of price for municipal purchase of electric facilities in annexed area.

49-34A-51. Application for determination by commission of price for municipal purchase of electric facilities in annexed area.In the event the municipality and the electric utility involved are unable to agree as to the amount of the payment specified in §49-34A-50, the municipality or the electric utility may file an application with the Public Utilities Commission requesting that the commission, after notice and hearing, determine the amount of the payment in accordance with the provisions of §49-34A-50. Source: SL 1975, ch 283, §42 (3).
SD Codified L § 49-34A-52 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-52 - Acknowledgment by utility of municipal offer to purchase facilities in annexed area--Obligations of parties.

49-34A-52. Acknowledgment by utility of municipal offer to purchase facilities in annexed area--Obligations of parties.The electric utility, within ninety days after receipt of an offer by the annexing municipality to purchase the utility's electric distribution properties and service rights within the annexed area, shall signify in writing its acknowledgment of the offer, and the parties shall proceed to act. The annexing municipality shall then be obligated to buy and pay for, and the utility shall be obligated to sell to the municipality such properties and rights free and clear of all mortgage liens and encumbrances for the aforesaid cash consideration computed and payable as provided in §49-34A-50. Source: SL 1975, ch 283, §42 (4).
SD Codified L § 49-34A-53.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-53.1 - Purchase of facilities in territory annexed after July 1, 1975--Time limit--Determination of gross revenue.

49-34A-53.1. Purchase of facilities in territory annexed after July 1, 1975--Time limit--Determination of gross revenue.Any municipality that has annexed territory subsequent to July 1, 1975, and that did not elect to purchase the facilities in such territory pursuant to the provisions of §§49-34A-49 to 49-34A-52, inclusive, may, within two years from July 1, 1992, elect to purchase the facilities in such annexed territory subject to the provisions of §§49-34A-49 and 49-34A-50, except that gross revenues received shall be determined by applying the rate in effect by the purchasing municipality at the time of purchase. Any municipality which chooses not to purchase such facilities within the two-year period is precluded from thereafter purchasing such facilities, except pursuant to the provisions of §49-34A-55. Source: SL 1992, ch 330, §3.
SD Codified L § 49-34A-54 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-54 - Purchase by utility of areas disannexed by municipality.

49-34A-54. Purchase by utility of areas disannexed by municipality.If any annexing municipality shall contract its boundaries so as to exclude from its corporate limits any territory, the utility may elect within sixty days thereafter to purchase from such municipality and such municipality shall, notwithstanding any other laws, thereupon sell and convey to the utility the electric distribution properties and service rights of the municipality in any part of the excluded area which the said electric utility had previously served; upon the same procedures set forth in §§49-34A-50 to 49-34A-52, inclusive. Source: SL 1975, ch 283, §42 (7).
SD Codified L § 49-34A-55 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-55 - Sale or exchange of rights and property allowed between municipalities and utilities.

49-34A-55. Sale or exchange of rights and property allowed between municipalities and utilities.Nothing contained in §§49-34A-42 to 49-34A-44, inclusive, and 49-34A-48 to 49-34A-57, inclusive, prohibits electric utilities from buying, selling, or exchanging electric distribution properties, service rights and other rights, property, and assets by mutual agreement, subject to approval of the commission. Any agreement, pursuant to this section, which changes assigned service areas shall be filed and approved by the commission before it may become effective. The commission's approval of such agreements shall be based on the public interest. The factors to consider shall include the elimination or avoidance of unnecessary duplication of facilities, providing adequate electric service to all areas and customers affected, and the promotion of the efficient and economical use and development of the electric systems of the contracting electric utilities. Source: SL 1975, ch 283, §42 (8); SL 1991, ch 386, §5.
SD Codified L § 49-34A-56 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-56 - Large new customers not required to take service from assigned utility--Notice and hearing by commission--Factors considered.

49-34A-56. Large new customers not required to take service from assigned utility--Notice and hearing by commission--Factors considered.Notwithstanding the establishment of assigned service areas for electric utilities provided for in §§49-34A-43 and 49-34A-44, new customers at new locations which develop after March 21, 1975, located outside municipalities as the boundaries thereof existed on March 21, 1975, and who require electric service with a contracted minimum demand of two thousand kilowatts or more shall not be obligated to take electric service from the electric utility having the assigned service area where the customer is located if, after notice and hearing, the Public Utilities Commission so determines after consideration of the following factors:(1)The electric service requirements of the load to be served;(2)The availability of an adequate power supply;(3)The development or improvement of the electric system of the utility seeking to provide the electric service, including the economic factors relating thereto;(4)The proximity of adequate facilities from which electric service of the type required may be delivered;(5)The preference of the customer;(6)Any and all pertinent factors affecting the ability of the utility to furnish adequate electric service to fulfill customers' requirements. Source: SL 1975, ch 283, §44.
SD Codified L § 49-34A-57 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-57 - Extension of lines to serve utility's or municipality's own property.

49-34A-57. Extension of lines to serve utility's or municipality's own property.Notwithstanding the provisions in §§49-34A-43 and 49-34A-44, any electric utility may extend electric lines for electric service to its own utility property and facilities. A municipally owned electric utility may also extend its electric lines to serve its own public service facilities such as water and sewage systems, landfills and airports. Source: SL 1975, ch 283, §44.
SD Codified L § 49-34A-58 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 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-58. Adequacy of service determined by commission--Notice and hearing--Order to correct inadequacy--Transfer of rights on failure to comply.The Public Utilities Commission may, after a hearing had upon due notice, make such findings as may be supported by proof as to whether any electric utility operating in an assigned territory is rendering or proposes to render adequate service to a customer, and in the event the commission finds that such electric utility is not rendering or does not propose to render adequate service, the commission may enter an order specifying in what particular said electric utility has failed to render or to propose to render adequate service in order that such failure be corrected within a reasonable time, such time to be fixed in such order. If the electric utility so ordered to correct such failure fails to comply with such order, the commission may authorize another electric utility to furnish retail service to such customer. Source: SL 1975, ch 283, §39.
SD Codified L § 49-34A-59 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-59 - Notice and hearing on violation of service area provisions--Time for decision.

49-34A-59. Notice and hearing on violation of service area provisions--Time for decision.Upon the filing of an application under §49-34A-58 or upon complaint by an affected utility that the provisions of §§49-34A-42 to 49-34A-57, inclusive, have been violated, the commission shall, after notice and opportunity for hearing, issue its decision within sixty days after the filing of the application or complaint. The commission may extend the time for a decision if requested by a party to the proceeding and the commission finds good cause to grant the extension. Source: SL 1975, ch 283, §40; SL 2010, ch 223, §1.
SD Codified L § 49-34A-61 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-61 - Burden of proof on party seeking to modify or vacate commission order.

49-34A-61. Burden of proof on party seeking to modify or vacate commission order.In all proceedings before the Public Utilities Commission in which the modification or vacation of any order of the commission is sought, the burden of proof shall be on the person seeking such modification or vacation. Source: SL 1975, ch 283, §50.
SD Codified L § 49-34A-61.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-61.1 - Rehearings--Application--Grant or refusal--Time--Orders not stayed unless commission directs.

49-34A-61.1. Rehearings--Application--Grant or refusal--Time--Orders not stayed unless commission directs.Any party, as defined in the rules and regulations promulgated by the Public Utilities Commission, to a proceeding before the commission may within thirty days after the entry of the order apply for a rehearing. The commission shall either grant or refuse an application for hearing within thirty days after the filing of the application. A failure by the commission to act upon such application for rehearing within the period shall be deemed a refusal thereof. Neither the filing of an application for rehearing nor the granting thereof shall stay the effectiveness of an order unless the commission so directs. Source: SL 1976, ch 296, §26.
SD Codified L § 49-34A-62 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-62 - Parties entitled to rehearings and appeals--Procedure.

49-34A-62. Parties entitled to rehearings and appeals--Procedure.Persons or corporations entitled to and procedures for a rehearing on, or an appeal from, commission decisions and orders shall be those specified in chapter 1-26. Source: SL 1965, ch 254, §23; SDCL, §49-41-24; SL 1970, ch 261, §23; SL 1975, ch 283, §§30, 46; SL 1976, ch 296, §27.
SD Codified L § 49-34A-65 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 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-65. Bond required when stay or suspension granted--Other security in addition or in lieu--Refund of increase not allowed on appeal.Notwithstanding §1-26-32, in case an order of the Public Utilities Commission is stayed or suspended, the court shall require a bond with good and sufficient surety, conditioned that the utility or any other party petitioning for review shall answer for all damages caused by the delay in enforcing the order of the commission and for all compensation for the difference between whatever sums for transmission or service any person is compelled to pay pending review proceedings and the sum the person or corporation would have been compelled to pay had the commission's order not been stayed or suspended. The court may, in addition or in lieu of the bond, require other further security for the payment of the excess damages or charges it deems proper. If a party other than a utility appeals from the decision of the commission, the commission may by further order require such utility to refund, with interest, the portion, if any, of an increase which is not allowed by the final decision of the courts after all appeals are concluded. Source: SL 1975, ch 283, §47; SL 1981, ch 338.
SD Codified L § 49-34A-66 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-66 - Violation of law or commission order--Civil penalty.

49-34A-66. Violation of law or commission order--Civil penalty.Any person who intentionally violates any provision of this chapter, or who intentionally fails, omits, or neglects to obey, observe, or comply with any lawful order, or any part or provision thereof, of the Public Utilities Commission shall be subject to a civil penalty of not less than one hundred dollars nor more than one thousand dollars for each violation. Source: SL 1975, ch 283, §51; SL 1983, ch 15, §144; SL 1983, ch 331, §13.
SD Codified L § 49-34A-67 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-67 - Each violation or day's continuation as separate offense.

49-34A-67. Each violation or day's continuation as separate offense.Every violation of the provisions of this chapter or of any lawful order of the Public Utilities Commission, or any part or portion thereof by any person, is a separate and distinct offense, and in case of a continuing violation after a first conviction thereof each day's continuation thereof shall be deemed to be a separate and distinct offense. Source: SL 1975, ch 283, §52.
SD Codified L § 49-34A-68 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-68 - Penalties cumulative--Single action does not bar other remedies.

49-34A-68. Penalties cumulative--Single action does not bar other remedies.All penalties accruing under this chapter shall be cumulative, and a suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any utility or any officer, director, agent, or employee thereof or any person. Source: SL 1975, ch 283, §53.
SD Codified L § 49-34A-69 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-69 - Commission to refer violations to attorney general.

49-34A-69. Commission to refer violations to attorney general.Whenever the Public Utilities Commission shall be of the opinion that any person is failing or omitting or is about to fail or omit to do anything required of it by the provisions of this chapter or by any order of the commission, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done, contrary to or in violation of this chapter or of any order of the commission, it shall refer the matter to the attorney general who shall take appropriate legal action. Source: SL 1975, ch 283, §48.
SD Codified L § 49-34A-70 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-70 - Preference on calendar for proceedings under chapter.

49-34A-70. Preference on calendar for proceedings under chapter.All actions and proceedings under this chapter, and all actions or proceedings to which the Public Utilities Commission or the State of South Dakota may be parties, and in which any question arises under this chapter, or under or concerning any order or decision of the commission, shall be preferred over all other civil causes, except election causes, irrespective of position on the calendar. Source: SL 1975, ch 283, §49.
SD Codified L § 49-34A-72 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-72 - Commission participation in federal proceedings--Recovery of expenses.

49-34A-72. Commission participation in federal proceedings--Recovery of expenses.If the commission intervenes or otherwise participates in rate, certificate, or related proceedings before a federal agency and the commission's intervention or participation results, after final litigation, in a refund in wholesale rates to a public utility serving customers in South Dakota, the commission shall be reimbursed from the amount refunded to the South Dakota public utility in an amount equal to the litigation expenses reasonably incurred by the commission. The litigation expenses shall include reasonable attorney's fees, expert witness fees, and all other associated costs. The commission may assess the public utility for the amount of the reimbursement provided for in this section, and the reimbursement assessed shall be deposited in the commission's gross receipts tax fund established pursuant to §49-1A-2. Source: SL 1983, ch 342; SL 1991, ch 381, §14; SL 1994, ch 352, §8.
SD Codified L § 49-34A-73 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-73 - Phase in rate plan for rate increases due to plant additions.

49-34A-73. Phase in rate plan for rate increases due to plant additions.Notwithstanding anything in this chapter to the contrary, an electric utility that is subject to rate regulation by the commission and plans plant additions that are expected to have a material impact on rates may make application to the commission for a phase in rate plan to provide for the phase in of expected rate increases resulting from plant additions. The plan may provide for any of the following:(1)Rate increases to be incrementally phased in prior to the commencement of commercial operation of the plant additions;(2)To the extent rate increases for plant additions are allowed prior to commercial operation, restrictions on the capitalization of allowance for funds used during construction for the plant additions;(3)Restrictions on other rate increases; and(4)Any other conditions which benefit the public interest and may be imposed by the commission consistent with the findings in §49-34A-74. Source: SL 1992, ch 331, §1; SL 2012, ch 230, §2; SL 2015, ch 233, §1.
SD Codified L § 49-34A-73.1 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-73.1 - Plant additions defined.

49-34A-73.1. Plant additions defined.For purposes of §§49-34A-73 to 49-34A-78, inclusive, plant additions are investments in fixed generation, transmission, and distribution assets, whether purchased or constructed, including operations and maintenance expenses directly related to those fixed assets, real property, and new power purchases. Source: SL 2012, ch 230, §1.
SD Codified L § 49-34A-74 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-74 - Approval of phase in rate plan--Conditions.

49-34A-74. Approval of phase in rate plan--Conditions.The commission may approve a phase in rate plan as provided in §49-34A-73 if:(1)The electric utility makes application for a phase in rate plan prior to the commencement of or during construction, or prior to acquisition of the plant additions;(2)The electric utility files with the application a full cost of service analysis as required for general rate increases including a projection of costs and revenue requirements to the date of the anticipated commercial operation of the plant additions or through the term of the new power purchases;(3)The commission affords an opportunity for a hearing with notice given as required for any rate increase; and(4)The commission finds that the phase in rate plan is likely to enhance adequate utility service, rate stability, the financial stability of the electric utility, reasonable capital costs, just and reasonable rates, a fair rate of return, and other considerations that benefit the public interest. Source: SL 1992, ch 331, §2; SL 2012, ch 230, §3; SL 2015, ch 233, §2.
SD Codified L § 49-34A-75 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-75 - Review of reasonableness of rates under phase in rate plan--Adjustment.

49-34A-75. Review of reasonableness of rates under phase in rate plan--Adjustment.At any time prior to one year after the conclusion of a phase in rate plan, the commission, upon its own motion or upon petition of the electric utility, may examine the reasonableness of the utility's rates under the plan, and adjust rates as necessary. Any phase in rate plan is subject to annual review. The electric utility shall file annually an abbreviated cost of service analysis showing that year's revenues, costs and revenue requirements, and a report of the progress of the construction or acquisition of the plant additions showing accumulative construction or acquisition costs for the year and updated cost projections to complete the plant additions. Source: SL 1992, ch 331, §3; SL 2012, ch 230, §4.
SD Codified L § 49-34A-76 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-76 - Filing of general rate case after end of phase in rate plan--Exception.

49-34A-76. Filing of general rate case after end of phase in rate plan--Exception.Within twelve months after the end of the phase in rate plan, the electric utility shall file a general rate case with a full cost of service analysis including the plant additions, unless, upon motion, the commission determines that a general rate case would not be likely to result in material changes to the rates in place under the phase in rate plan, in which event the rates under the phase in rate plan will remain in effect until changed by further order of the commission. Source: SL 1992, ch 331, §4; SL 2012, ch 230, §5.
SD Codified L § 49-34A-77 (2021)
2021 South Dakota Codified Laws|Title 49 - Public Utilities and Carriers|Chapter 34A - Gas And Electric Utilities Regulation|Section 49-34A-77 - Filing fee for phase in rate plan.

49-34A-77. Filing fee for phase in rate plan.Upon filing an application for a phase in rate plan, the electric utility shall pay a filing fee to be determined by the commission in an amount not to exceed two hundred fifty thousand dollars. The filing fee may also be used for any annual reviews pursuant to §49-34A-75. Source: SL 1992, ch 331, §5; SL 1994, ch 352, §11; SL 2012, ch 230, §6.