reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service › Section 49-34-11.4 - Applicability of uniform commercial code and other laws--Single filing--Compliance with retention requirements.

49-34-11.4. Applicability of uniform commercial code and other laws--Single filing--Compliance with retention requirements.
Unless displaced by the specific provisions of §§49-34-11.1 to 49-34-11.4, inclusive, the uniform commercial code and other applicable laws remain in full force and effect and supplement the provisions of §§49-34-11.1 to 49-34-11.4, inclusive. The public utility may make a single filing under §§49-34-11, 49-34-11.2 and 49-34-11.3, and the secretary of state shall accept the same as a single filing for all three purposes. The financing statement shall identify the public utility as a "transmitting utility" and shall be indexed under subsection 57A-9-403(4), but the index may also refer to the secretary of state's recording data for real estate records under §§49-34-11 and 49-34-11.3 and the retention by the secretary of state of a microfilm or other photographic copy of the document filed in the real estate records shall be sufficient to comply with the retention requirement of subsection 57A-9-403(4).
Source:
SL 1989, ch 402, §5.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service › Section 49-34-12 - Assignment or discharge of security--Recordation with secretary of state--Description of property.

49-34-12. Assignment or discharge of security--Recordation with secretary of state--Description of property.
Any trust deed or mortgage described in §49-34-9 may be assigned or discharged by filing for record in the office of the secretary of state and in the office of the register of deeds of each county, if any, in which the trust deed or mortgage shall have been filed for record an instrument of assignment or discharge executed in the manner and setting forth the information required with respect to real estate mortgages by §§44-8-13 and 44-8-14, respectively; provided, however, that no such instrument need set forth the description of the mortgaged property, except that an instrument of discharge whereby less than all the mortgaged property is released from the lien of the trust deed or mortgage shall set forth the full description of, or clearly identify by reference to numbered or lettered portions of the descriptions as the same appear in the trust deed or mortgage, the property so released.
Source:
SDC 1939, §52.1516 as added by SL 1947, ch 237.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service › Section 49-34-13 - False meter readings as misdemeanor.

49-34-13. False meter readings as misdemeanor.
It is a Class 2 misdemeanor for any person employed to read meters who knowingly reports to his employer that a consumer of gas, water, electricity, heat, refrigeration or air has used a greater quantity of gas, water, electricity, heat, refrigeration or air than the amount actually used by the consumer.
Source:
SDC 1939, §13.1814; SL 1983, ch 15, §135.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service › Section 49-34-14 - Overcharging--Civil fine.

49-34-14. Overcharging--Civil fine.
Any person who shall knowingly collect from any consumer of gas, water, electricity, heat, refrigeration, or air an amount greater than that actually used by such customer shall be punished by a civil fine not exceeding five hundred dollars.
Source:
SDC 1939, §13.1814; SL 1983, ch 15, §136; SL 1983, ch 331, §12.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service › Section 49-34-15 - Destruction of facilities as felony.

49-34-15. Destruction of facilities as felony.
Any person who, without lawful authority, intentionally breaks, digs up, or obstructs any pipe or main for conducting gas or water, any works erected for supplying buildings with gas or water, or any appurtenances or appendages therewith connected, is guilty of a Class 6 felony.
Source:
SDC 1939, §13.4509; SL 1983, ch 15, §137.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service › Section 49-34-16 - Unauthorized or fraudulent connection as misdemeanor--Civil liability unaffected.

49-34-16. Unauthorized or fraudulent connection as misdemeanor--Civil liability unaffected.
It is a Class 2 misdemeanor for any person without lawful authority to connect or cause to be connected with a main or service pipe or conductor of heat, refrigeration, air conditioning, gas, water or electricity, a pipe, wire or other device for the purpose of obtaining gas, water, electrical current, heat or other service therefrom; or to, with intent to defraud, connect or cause to be connected with any meter installed by such company for the purpose of registering the amount of gas, water, electricity, heat or other service supplied to a customer, any pipe, wire or other device, or to disconnect, change, or in any manner interfere with any such meter or any pipe, wire or appliance connected therewith, so that such meter will not measure or register the full amount of gas, water, electricity, heat or other service supplied to a customer. Nothing in this section shall affect the right of a service company to recover by an action at law for the loss of gas, water, electricity, heat or other service, or any injury caused by such unlawful connection.
Source:
SDC 1939, §13.1813; SL 1983, ch 15, §138.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service › Section 49-34-17 - Joint ownership of property used in connection with natural gas or electricity--Agreements for restrictions on alienation.

49-34-17. Joint ownership of property used in connection with natural gas or electricity--Agreements for restrictions on alienation.
Any two or more persons who own or intend to own, jointly, by partnership interest, or as tenants in common any property used or to be used in whole or in part for the generation, transmission or distribution of electricity, or for the production, gathering, storage, processing, transmission or distribution of manufactured or natural gas, in each case for the ultimate public consumption, may enter into agreements waiving their respective rights to the partition of such property or otherwise restricting the alienation thereof for a period of time ending not later than the abandonment of the use of such property, and without limiting the generality of the foregoing, such agreements shall not be invalid or unenforceable as violating any rule of law against perpetuities or suspension of the power of alienation of the title to the property.
This section shall apply to agreements entered into prior to, as well as subsequent to, the effective date of this section.
Source:
SL 1972, ch 251, §§1, 2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service › Section 49-34-18 - Unauthorized use of service--Definitions.

49-34-18. Unauthorized use of service--Definitions.
Terms as used in this section and §§49-34-19 to 49-34-21, inclusive, mean:
(1)"Bypassing," the act of attaching, connecting or in any manner affixing any wire, cord, socket, motor or other instrument, device or contrivance to the utility supply system or any part thereof in a manner as to transmit, supply or use any utility service without passing through an authorized meter for measuring or registering the amount of utility service;
(2)"Customer," the person responsible for payment for utility services for the premises. The term includes employees and agents of the customer;
(3)"Tampering," damaging, altering, adjusting or in any manner interfering with or obstructing the action or operation of any meter provided for measuring or registering the amount of utility service passing through the meter, or any valve provided by the utility for preventing back flow of water into the supply lines, or any other devices owned and maintained by the utility;
(4)"Unauthorized metering," removing, moving, installing, connecting, reconnecting or disconnecting any meter or metering device for utility service by a person other than an authorized employee or agent of a utility;
(5)"Utility," any public utility, municipally owned utility, rural water system or cooperative utility which provides electricity, gas or water for sale to consumers;
(6)"Utility service," the provision of electricity, gas, water or any other service or commodity customarily furnished by the utility for compensation;
(7)"Utility supply system," includes all wire, conduits, pipes, cords, sockets, motors, meters, instruments and all other devices used by the utility for the purpose of providing utility service.
Source:
SL 1985, ch 375, §1; SL 1999, ch 228, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service › Section 49-34-19 - Civil liability for unauthorized service and damage to facilities--Limitation of action--Treble damages--Costs.

49-34-19. Civil liability for unauthorized service and damage to facilities--Limitation of action--Treble damages--Costs.
A utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets or attempts any of the following acts resulting in damages to the utility, namely: bypassing, tampering or unauthorized metering. In addition, a utility may bring a civil action for damages pursuant to this section against any person who knowingly receives utility service through means of bypassing, tampering or unauthorized metering. An action brought pursuant to this section shall be commenced within three years after the cause of action accrues. In any civil action brought pursuant to this section, the utility shall be entitled, upon proof of willful or intentional bypassing, tampering or unauthorized metering, to recover as damages three times the amount of the actual damages plus all reasonable expense and costs incurred on account of the bypassing, tampering or unauthorized metering, including but not limited to, costs and expenses for investigation, disconnection, reconnection, service calls, employees and equipment, expert witness fees, costs of trial and reasonable attorney's fees as allowed by the court. If a defendant in a civil action brought pursuant to §§49-34-18 to 49-34-21, inclusive, prevails, the court shall award costs to the defendant.
Source:
SL 1985, ch 375, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service › Section 49-34-19.1 - Tampering with back flow preventer a misdemeanor.

49-34-19.1. Tampering with back flow preventer a misdemeanor.
It is a Class 2 misdemeanor for any person without lawful authority to connect, disconnect, bypass, or tamper with a back flow preventer installed on a public water system. Nothing in this section affects the right of a water service company to recover any damages caused by the violation of this section.
Source:
SL 1999, ch 228, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service › Section 49-34-20 - Presumptions.

49-34-20. Presumptions.
There is a rebuttable presumption that a tenant or occupant of any premises where bypassing, tampering or unauthorized metering is proven to exist, caused or had knowledge of such bypassing, tampering or unauthorized metering, if the tenants or occupant had controlled access to the part of the utility supply system on the premises where the bypassing, tampering or unauthorized metering is proven to exist, and if the tenant or occupant was responsible or partially responsible for payment to the utility or to any other person for utility services provided for the premises. There is a rebuttable presumption that a utility customer at any premises where bypassing, tampering or unauthorized metering is proven to exist, caused or had knowledge of such bypassing, tampering or unauthorized metering, if the customer controlled access to the part of the utility supply system on the premises where the bypassing, tampering or unauthorized metering is proven to exist.
Source:
SL 1985, ch 375, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34 - Electric, Gas, Water, Heating, Refrigeration And Street Railways Facilities And Service › Section 49-34-21 - Remedies additional.

49-34-21. Remedies additional.
It is the purpose of this section and §§49-34-18 to 49-34-20, inclusive, to provide additional remedies to avoid the wrongful use of the facilities of utilities; and nothing in this section and §§49-34-18 to 49-34-20, inclusive, abridges or alters those rights of action or remedies existing prior to July 1, 1985.
Source:
SL 1985, ch 375, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-2 - Service required of utilities.

49-34A-2. Service required of utilities.
Every public utility shall furnish adequate, efficient, and reasonable service.
Source:
SL 1970, ch 261, §32; SDCL Supp, §49-41-9.1; SL 1975, ch 283, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-2.1 - Refusal of service without permission of commission prohibited--Exceptions--Violation as petty offense--Separate offenses.

49-34A-2.1. Refusal of service without permission of commission prohibited--Exceptions--Violation as petty offense--Separate offenses.
No public utility may, except in cases of emergency, fail to provide, discontinue, reduce or impair service to a community, or a part of a community, except for nonpayment of account or violation of rules and regulations, unless permission has been first obtained from the Public Utilities Commission to do so. An intentional violation of this section is a petty offense. Each day's violation is a separate offense.
Source:
SL 1976, ch 296, §7; SL 1983, ch 15, §139.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-3 - Unreasonable preferences and prejudices prohibited--Violation as petty offense--Separate offenses.

49-34A-3. Unreasonable preferences and prejudices prohibited--Violation as petty offense--Separate offenses.
No public utility may, as to rates or service, make or grant an unreasonable preference or advantage to any person or subject any person to any unreasonable prejudice or disadvantage. An intentional violation of this section is a petty offense. After the first judgment, each day's violation is a separate offense.
Source:
SL 1970, ch 261, §§31, 32; SDCL Supp, §49-41-9.1; SL 1975, ch 283, §5; SL 1983, ch 15, §140.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-4 - Regulatory powers of commission--Rules.

49-34A-4. Regulatory powers of commission--Rules.
The commission shall regulate to the extent provided in this chapter every public utility as defined in this chapter. The commission may promulgate rules pursuant to chapter 1-26 in furtherance of the purposes of this chapter concerning:
(1)Procedures and requirements for applications for rate and tariff changes;
(2)Requirements for gas and electric utilities to maintain and make available to the public and the commission records and information;
(3)Requirements and procedures regarding customer billings and meter readings;
(4)Requirements regarding availability of meter tests;
(5)Requirements regarding billing adjustments for meter errors;
(6)Procedures and requirements for handling customer disputes and complaints;
(7)Procedures and requirements regarding temporary service, changes in location of service and service interruptions;
(8)Standards and procedures to ensure nondiscriminatory credit policies;
(9)Procedures, requirements and record-keeping guidelines regarding deposit policies;
(10)Procedures, requirements and record-keeping guidelines regarding customer refunds;
(11)Policies for refusal of gas or electric service;
(12)Policies for disconnection and transfer of gas and electric service;
(13)Customer payment plans for delinquent bills;
(14)Requirements regarding advertising; and
(15)Procedures and requirements for applications for tariff mechanisms seeking the automatic annual adjustment of charges for the jurisdictional costs of new or modified transmission facilities under the provisions of §49-34A-25.1.
Source:
SL 1975, ch 283, §6; SL 1986, ch 22, §23; SL 1990, ch 371, §3; SL 2006, ch 239, §6.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-5 - Municipal authority terminated.

49-34A-5. Municipal authority terminated.
Municipal corporations shall have no authority or jurisdiction over rates and conditions of service of any public utility subject to the jurisdiction of the South Dakota Public Utilities Commission under the provisions of this chapter.
Source:
SL 1975, ch 283, §31.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-6 - Rates to be reasonable and just--Regulation by commission.

49-34A-6. Rates to be reasonable and just--Regulation by commission.
Every rate made, demanded or received by any public utility shall be just and reasonable. Every unjust or unreasonable rate shall be prohibited. The Public Utilities Commission is hereby authorized, empowered and directed to regulate all rates, fees and charges for the public utility service of all public utilities, including penalty for late payments, to the end that the public shall pay only just and reasonable rates for service rendered.
Source:
SL 1975, ch 283, §16.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-7 - System of accounts.

49-34A-7. System of accounts.
The Public Utilities Commission shall designate a system of accounts to be kept by public utilities subject to its jurisdiction.
Source:
SL 1975, ch 283, §26; SL 1976, ch 296, §8.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-8 - Criteria for determination of rates by commission.

49-34A-8. Criteria for determination of rates by commission.
The commission, in the exercise of its power under this chapter to determine just and reasonable rates for public utilities, shall give due consideration to the public need for adequate, efficient, economical, and reasonable service and to the need of the public utility for revenues sufficient to enable it to meet its total current cost of furnishing such service, including taxes and interest, and including adequate provision for depreciation of its utility property used and necessary in rendering service to the public, and to earn a fair and reasonable return upon the value of its property.
Source:
SL 1975, ch 283, §16; SL 1976, ch 296, §9; SL 2007, ch 269, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-8.1 - Policy to alleviate financial burden of pricing structure.

49-34A-8.1. Policy to alleviate financial burden of pricing structure.
Notwithstanding any other provision of law, the Public Utilities Commission shall after opportunity for hearing and rate design studies develop a policy alleviating the financial burden to electric and gas consumers of the declining block rate structure and any other pricing structure presently used by electric and gas utilities in the State of South Dakota.
Source:
SL 1976, ch 296, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-8.2 - Incentive rates for improved performance and efficiency.

49-34A-8.2. Incentive rates for improved performance and efficiency.
In addition to any other rate authorized by this chapter, the commission may approve incentive rates to encourage improvement in the performance and efficiency of public utilities. The rates shall be in the form of preapproved rate models made applicable as levels of performance are attained by the utility. If approved, no such incentive rate constitutes a violation of §49-34A-3 or a change in rates pursuant to §49-34A-12. The provisions of this section apply to any incentive rate tariff approved by the commission in existence on July 1, 1996.
Source:
SL 1996, ch 274.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-8.3 - Business development rates--Public interest exception.

49-34A-8.3. Business development rates--Public interest exception.
In addition to any other rate authorized by this chapter, the commission may approve business development rates authorizing a utility to negotiate and agree with a customer for specific rates which differ from standard rates otherwise applicable to the customer. All business development rates shall be approved as being in the public interest under such terms and conditions as the commission may provide in a proceeding under this chapter. If approved, no such business development rate constitutes a violation of §49-34A-3 or a change in rates pursuant to §49-34A-12. The provisions of this section apply to any business development rate tariff approved by the commission in existence on July 1, 1996.
Source:
SL 1996, ch 275.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-8.4 - Burden on public utility to establish criteria for determination of rates.

49-34A-8.4. Burden on public utility to establish criteria for determination of rates.
The burden is on the public utility to establish that the underlying costs of any rates, charges, or automatic adjustment charges filed under this chapter are prudent, efficient, and economical and are reasonable and necessary to provide service to the public utility's customers in this state.
Source:
SL 2007, ch 269, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-9 - Deviation from schedules of rates and charges prohibited--Violation as petty offense--Separate offenses.

49-34A-9. Deviation from schedules of rates and charges prohibited--Violation as petty offense--Separate offenses.
No public utility may, directly or indirectly, by any device whatsoever or in any manner, charge, demand, collect, or receive from any person a greater or lesser compensation for any service within the jurisdiction of the Public Utilities Commission rendered or to be rendered by such public utility than prescribed in its schedules of rates and charges which have been filed with the commission as provided in this chapter. 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, §4; SL 1983, ch 15, §141.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-10 - Tariffs and schedules filed by utilities--Public inspection.

49-34A-10. Tariffs and schedules filed by utilities--Public inspection.
Pursuant to rules promulgated under chapter 1-26 by the Public Utilities Commission, every public utility shall file with the commission, within such time and in such form as the commission may designate, tariffs and schedules showing the terms and conditions of service and all rates established by the public utility and collected or enforced, or to be collected or enforced, within the jurisdiction of the commission. The public utility shall keep copies of such tariffs and schedules open to public inspection under such rules as the commission may promulgate. Schedules and tariffs approved by the commission have the force and effect of law.
Source:
SL 1970, ch 261, §31; SDCL Supp, §49-41-9.2; SL 1975, ch 283, §3; SL 2004, ch 286, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-11 - Burden of proving reasonableness of rates.

49-34A-11. Burden of proving reasonableness of rates.
The burden of proof to show that any rate filed is just and reasonable shall be upon the public utility filing same.
Source:
SL 1975, ch 283, §10.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-12 - Change in rates--Notice to commission and affected customers.

49-34A-12. Change in rates--Notice to commission and affected customers.
Unless the Public Utilities Commission otherwise orders, no public utility shall change any rate which has been duly established under this chapter, except after thirty days' notice to the commission, which notice shall include statements of facts, expert opinions, substantiating documents, and exhibits, supporting the change requested, and further shall state the change proposed to be made in the rates then in force, and the time when the modified rates will go into effect. The utility shall give written notice of any proposed increase of any rate to all affected customers served by the public utility at least thirty days prior to the effective date thereof. The notice to affected customers shall include a statement that the customer has a right to join with twenty-four other customers and file a written objection to such rate increase and that they may request the commission to suspend the rate increase and to hold a public hearing to determine if such rate increase should be allowed. All proposed changes shall be shown by filing new schedules or shall be plainly indicated upon schedules on file and in force at the time.
Source:
SL 1975, ch 283, §7; SL 1976, ch 296, §11.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-13 - Hearing on rate changes.

49-34A-13. Hearing on rate changes.
Whenever there is filed with the Public Utilities Commission any schedule modifying or resulting in a change in any rates then in force, together with the filed statements of facts, expert opinions, substantiating documents, and exhibits, supporting the changes requested, the commission may upon complaint or may upon its own motion, upon reasonable notice conduct a hearing to determine whether the rates are just and reasonable.
Source:
SL 1975, ch 283, §8.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 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-13.1. Persons permitted to appear before commission or submit comments--Disclosure of identity and interest--Party status controlled by statutes and rules.
Any person may appear before the commission and present comments regarding the proceeding or submit written comments to the commission. The person shall fully and fairly make a full disclosure of identity, the interest of the person in the proceeding, and the position to be taken. The contentions of the person shall be relevant to the issues presented in the proceeding. Any person appearing pursuant to this section is not afforded the status of a party to the proceeding unless the person has been granted party status in accordance with applicable statutes and rules governing intervention in proceedings before the commission.
Source:
SL 1976, ch 296, §15; SL 1994, ch 351, §136; SL 2015, ch 231, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-14 - Suspension of proposed rate or practice pending hearing--Time.

49-34A-14. Suspension of proposed rate or practice pending hearing--Time.
Pending a hearing pursuant to §49-34A-13 and the decision thereon, the commission may, by order, suspend the operation of the proposed rate or practice. The suspension may not last longer than one hundred eighty days after the proposed rate or practice was filed.
Source:
SL 1975, ch 283, §8; SL 2008, ch 242, §1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.