reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-33 - Order permitting issue of securities or assumption of obligations--Supplemental orders.

49-34A-33. Order permitting issue of securities or assumption of obligations--Supplemental orders.
The Public Utilities Commission, after opportunity for hearing, may grant any application under §§49-34A-29 and 49-34A-30 in whole or in part, and with such modifications and upon such terms and conditions as it may find necessary or appropriate, and may from time to time, after opportunity for hearing and for good cause shown, make such supplemental orders in the premises as it may find necessary or appropriate, and may by any such supplemental order modify the provisions of any previous order as to the particular purposes, uses, and extent to which, or the conditions under which, any security so theretofore authorized or the proceeds thereof may be applied, subject always to the requirements of this chapter.
Source:
SL 1975, ch 283, §19; SL 1976, ch 296, §24.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-34 - Application of security or proceeds in contravention of order prohibited unless commission consents.

49-34A-34. Application of security or proceeds in contravention of order prohibited unless commission consents.
No public utility shall, without the consent of the Public Utilities Commission, apply any security or any proceeds thereof to any purpose not specified in the commission's order, or supplemental order, or to any purpose in excess of the amount allowed for such purpose in such order, or otherwise in contravention of such order.
Source:
SL 1975, ch 283, §20.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-35 - Sale, lease, disposition, purchase, merger, or consolidation prohibited unless authorized by commission--Certain transactions excepted.

49-34A-35. Sale, lease, disposition, purchase, merger, or consolidation prohibited unless authorized by commission--Certain transactions excepted.
No public utility, without first being authorized to do so by the commission, may:
(1)Sell, lease, or otherwise dispose of its property or business constituting an operating unit or system in this state to another person;
(2)Sell, lease, or otherwise dispose of its operating property or plant used to provide gas or electric service to its customers in this state to another person;
(3)Purchase the property or business constituting an operating unit or system in this state of another public utility; or
(4)Merge or consolidate with another public utility operating in this state.
However, if the sale, lease, merger, consolidation, or other disposition of the property or business of one public utility to another person, as provided in subdivisions (1) to (4), inclusive, does not involve a sale, lease, merger, consolidation, or disposition wherein the fair market value exceeds ten million dollars, the sale, lease, merger, consolidation, or disposition is not subject to the restrictions of this section.
No person may acquire or gain control either directly or indirectly of any public utility doing business in this state that has a fair market value exceeding ten million dollars without the commission's prior authorization. As used in this section, the term, control, means the right to direct or cause the direction of the management and policies of the public utility, whether through the ownership of voting securities, by contract, or otherwise.
Source:
SL 1975, ch 283, §23; SL 2007, ch 270, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-36 - Investigation of proposed disposition of property--Time for decision.

49-34A-36. Investigation of proposed disposition of property--Time for decision.
Upon the filing of an application for the approval of the commission to an action described in §49-34A-35, the commission shall investigate the application, with or without public hearing, and in case of a public hearing, upon such notice as the commission may require. The commission shall act on the application within one hundred eighty days and shall approve the proposed action unless the commission finds that there is a likelihood of significant adverse impacts to customers in this state.
Source:
SL 1975, ch 283, §23; SL 2007, ch 270, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-37 - Purchase of voting stock in other utilities prohibited without commission's consent--Violation as petty offense--Separate offenses.

49-34A-37. Purchase of voting stock in other utilities prohibited without commission's consent--Violation as petty offense--Separate offenses.
No public utility subject to the jurisdiction of the commission may purchase voting stock in another public utility doing business in South Dakota without first having made application to and received the approval of the commission within the time and in the manner provided in §49-34A-36. 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, §24; SL 1983, ch 15, §143; SL 2007, ch 270, §3.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-39 - Investigation of condition of public utilities--Hearings.

49-34A-39. Investigation of condition of public utilities--Hearings.
The Public Utilities Commission upon complaint or on its own initiative and whenever it may deem it necessary in the performance of its duties may investigate and examine the condition and operation of public utilities or any particular public utility. In conducting such investigations, the commission may proceed either with or without a hearing as it may deem best but it shall make no order without affording the parties affected thereby a hearing.
Source:
SL 1975, ch 283, §29.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-40 - Commission access to utility premises to examine, test and inspect--Utility's right to representation--Utilities to cooperate and assist.

49-34A-40. Commission access to utility premises to examine, test and inspect--Utility's right to representation--Utilities to cooperate and assist.
The commissioners and the duly authorized officers and employees of the Public Utilities Commission, during business hours, may enter upon any premises occupied by any public utility for the purpose of making examinations and tests and to inspect the accounts, books, papers and documents of any public utility for the purpose of exercising any power provided for in this chapter, and may set up and use on such premises any apparatus and appliance necessary therefor. Such public utility shall have the right to be represented at the making of such examinations, tests and inspections. Such public utility, its officers and employees, shall facilitate such examinations, tests and inspections by giving every reasonable aid to the commissioners and any person or persons designated by the commission for the duties aforesaid. Every public utility shall furnish to the commission upon request all evidence in its possession and all assistance in its power, requested by the commission, to aid it in its determinations.
Source:
SL 1975, ch 283, §27.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-41 - Order for production of utility books and records--Out-of-state records.

49-34A-41. Order for production of utility books and records--Out-of-state records.
The Public Utilities Commission may require, by order served on any public utility in the manner provided in this chapter, for the service of orders, the production within this state at such time and place as it may designate, of any books, accounts, papers, or records of the public utility relating to its business or affairs within the state, pertinent to any lawful inquiry and kept by the public utility in any office or place without this state, or, at its option, verified or photostatic copies in lieu thereof, so that an examination thereof may be made by the commission or under its direction.
Source:
SL 1975, ch 283, §28; SL 1976, ch 296, §25.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-42 - Electric utility's exclusive rights in assigned service area--Connecting facilities in another area.

49-34A-42. Electric utility's exclusive rights in assigned service area--Connecting facilities in another area.
Each electric utility has the exclusive right to provide electric service at retail at each and every location where it is serving a customer as of March 21, 1975, and to each and every present and future customer in its assigned service area. No electric utility shall render or extend electric service at retail within the assigned service area of another electric utility unless such other electric utility consents thereto in writing and the agreement is approved by the commission consistent with §49-34A-55. However, any electric utility may extend its facilities through the assigned service area of another electric utility if the extension is necessary to facilitate the electric utility connecting its facilities or customers within its own assigned service area.
The commission shall have the jurisdiction to enforce the assigned service areas established by §§49-34A-42 to 49-34A-44, inclusive, and 49-34A-48 to 49-34A-59, inclusive.
Source:
SL 1965, ch 254, §§5, 8, 10; SDCL, §§49-41-4, 49-41-7, 49-41-9; SL 1970, ch 261, §§5, 8, 10; SL 1975, ch 283, §38; SL 1991, ch 386, §4.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-43 - Boundaries of assigned service areas--Contracts between utilities--Service areas within municipalities.

49-34A-43. Boundaries of assigned service areas--Contracts between utilities--Service areas within municipalities.
The boundaries of each assigned service area, outside of incorporated municipalities, shall be a line equidistant between the electric lines of adjacent electric utilities as they existed on March 21, 1975, provided that these boundaries may be modified by the Public Utilities Commission to take account of natural and other physical barriers which would make service of electric power and energy beyond those barriers economically impractical and shall be modified to take account of the contracts provided for in this section, and provided further that said boundaries shall also be modified by the commission to take into account orders entered before July 1, 1975, by the electric mediation board.
Contracts between electric utilities, which are executed on or before July 1, 1976, designating service areas and customers to be served by the electric utilities approved by the commission shall be valid and enforceable and shall be incorporated into the appropriate assigned service areas. The commission shall approve a contract if it finds that the contract will eliminate or avoid unnecessary duplication of facilities, will provide adequate electric service to all areas and customers affected and will promote the efficient and economical use and development of the electric systems of the contracting electric utilities.
Where a single electric utility provided electric service within a municipality on March 21, 1975, that entire municipality shall constitute a part of the assigned service area of that electric utility. Nothing contained in this chapter shall modify existing rights of municipalities to establish an electric utility. Where two or more electric utilities provided electric service in a municipality on March 21, 1975, the boundaries of the assigned service areas within an incorporated municipality shall be assigned pursuant to the equal distance concept as applied to lines located only within the municipal boundaries.
Source:
SL 1965, ch 254, §§6, 7, 9; SDCL, §§49-41-5, 49-41-6, 49-41-8; SL 1970, ch 261, §§6, 7, 9; SL 1975, ch 283, §§34 to 36.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-44 - Maps of service areas to be filed by electric utilities--Boundaries assigned by commission order--Adjustment of intertwined service areas--Protest of assigned service areas.

49-34A-44. Maps of service areas to be filed by electric utilities--Boundaries assigned by commission order--Adjustment of intertwined service areas--Protest of assigned service areas.
On or before January 1, 1976, or, when requested in writing by an electric utility and for good cause shown, and at a further time as the Public Utilities Commission may fix by order, each electric utility shall file with the commission a map or maps showing all its electric lines outside of incorporated municipalities as they existed on March 21, 1975. Each electric utility shall also submit in writing a list of all municipalities in which it provided electric service on March 21, 1975. Where two or more electric utilities serve a single municipality, the commission may require each utility to file with the commission a map showing its electric lines within the municipality.
On or before July 1, 1976, the commission shall, after notice and hearing, establish the assigned service area or areas of each electric utility and shall prepare or cause to be prepared a map or maps to accurately and clearly show the boundaries of the assigned service area of each electric utility.
In those areas where, on March 21, 1975, the existing electric lines of two or more electric utilities were so intertwined that §49-34A-43 cannot reasonably be applied, the commission shall, after hearing, determine the boundaries of the assigned service areas for the electric utilities involved. In making its decision, the commission shall be guided by the following conditions as they existed on March 21, 1975:
(1)The proximity of existing distribution lines to such assigned territory, including the length of time such lines have been in existence;
(2)The adequacy and dependability of existing distribution lines to provide dependable, high quality retail electric service;
(3)The elimination and prevention of duplication of distribution lines and facilities supplying such territory;
(4)The willingness and good faith intent of the electric utility to provide adequate and dependable electric service in the area to be assigned;
(5)That a reasonable opportunity for future growth within the contested area is afforded each electric utility.
Any electric utility which feels itself aggrieved by reason of an assignment of a service area may protest such assignment within a ninety-day period after issuance of the map of the assigned service areas by the commission and the commission shall have the power, after hearing, to revise or vacate such assigned service area or portions thereof consistent with the provisions of this section and §49-34A-43.
Source:
SL 1965, ch 254, §14; SDCL, §49-41-12; SL 1970, ch 261, §14; SL 1975, ch 283, §§32, 33, 37.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-45 - Payments to municipality from revenues of cooperative providing electric service within municipality.

49-34A-45. Payments to municipality from revenues of cooperative providing electric service within municipality.
A rural electric cooperative serving less than a majority of customers in a municipality which does not have a municipally owned system, may, at the option of the municipality, pay in addition to other taxes provided by law, an amount to be agreed upon, not to exceed two percent of the total gross revenue collected by the rural electric cooperative for that year, by the electric supplier and the governing body of the municipality. If the parties have not agreed on the amount on or before May first following the calendar year from which the amount is to be paid, the amount to be paid shall be two percent of the total gross revenue collected by the rural electric cooperative from the sale of power distributed to structures and electric service outlets situated within the municipality. The tax imposed by a municipality pursuant to this section may be passed on to the purchaser. Any revenue received by the rural electric cooperative from the tax imposed by a municipality pursuant to this section that is separately stated on the invoice, bill of sale, or similar document is not considered gross receipts as defined in chapter 10-45, 10-46, or 10-52.
Source:
SL 1965, ch 254, §28; SDCL §49-41-31; SL 1970, ch 261, §28; SL 1975, ch 283, §42 (6); SL 2001, ch 256, §1; SL 2005, ch 249, §1; SL 2015, ch 232, §1.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-46 - Payments to municipality owning electric system from revenues of electric utility operating within municipality.

49-34A-46. Payments to municipality owning electric system from revenues of electric utility operating within municipality.
Any electric utility with facilities within the boundaries of a municipality, as they exist from time to time, which has a municipally owned electric system serving over fifty percent of the customers in the municipality, may, at the option of the municipality, pay to the municipality an amount to be agreed upon by the electric supplier and the governing body of the municipality. If the parties have not agreed on the amount on or before May first following the calendar year from which the amount is to be paid, the amount to be paid shall be four percent of the total gross revenue collected by the electric supplier from the sale of power delivered to structures and electric service outlets situated within the municipality during the year for which the amount is paid. The tax imposed by a municipality pursuant to this section may be passed on to the purchaser. Any revenue received by the electric utility from the tax imposed by a municipality pursuant to this section that is separately stated on the invoice, bill of sale, or similar document is not considered gross receipts as defined in chapter 10-45, 10-46, or 10-52.
Source:
SL 1965, ch 254, §29; SDCL §49-41-32; SL 1970, ch 261, §29; SL 1975, ch 283, §42 (6); SL 2001, ch 256, §2; SL 2015, ch 232, §2.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-47 - Time of payments to municipality.

49-34A-47. Time of payments to municipality.
The amounts due in §§49-34A-45 and 49-34A-46 shall be paid on or before May second following the end of the calendar year for which the payment is being made.
Source:
SL 1965, ch 254, §§28, 29; SDCL, §§49-41-31, 49-41-32; SL 1970, ch 261, §§28, 29; SL 1975, ch 283, §42 (6).
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-48 - Electric utility's right to continue service in area annexed to municipality.

49-34A-48. Electric utility's right to continue service in area annexed to municipality.
The inclusion by incorporation, consolidation, or annexation of any part of the assigned service area of an electric utility within the boundaries of any municipality shall not in any respect impair or affect the rights of the electric utility to continue and extend electric service at retail throughout any part of its assigned service area unless a municipality which owns and operates an electric utility elects to purchase the facilities and property of the electric utility as provided in §§49-34A-49 to 49-34A-55, inclusive.
Source:
SL 1965, ch 254, §10; SDCL, §49-41-9; SL 1970, ch 261, §10; SL 1975, ch 283, §41.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-49 - Municipal offer to purchase electric facilities in annexed area.

49-34A-49. Municipal offer to purchase electric facilities in annexed area.
Notwithstanding the provisions of §49-34A-42, whenever a municipality which owns and operates an electric utility extends its corporate boundaries through annexation or consolidation, such municipality shall either offer to purchase any electric utility properties and service rights within the annexed areas owned by any electric utility, or permit such utility to serve and expand in the annexed area, as provided in this chapter. The municipality shall notify the affected electric utility in writing of the boundaries of the annexed area and shall indicate such area on appropriate maps.
Source:
SL 1975, ch 283, §42.
2023 South Dakota Codified Laws › Title 49 - Public Utilities and Carriers › Chapter 34A - Gas And Electric Utilities Regulation › Section 49-34A-50 - Purchase price for electric facilities in area annexed by municipality.

49-34A-50. Purchase price for electric facilities in area annexed by municipality.
If a municipality described by §49-34A-49 elects to purchase, the municipality shall, within one year following annexation, offer to purchase the electric distribution properties of the utility located within the annexed area, together with all of the utility's rights to serve within such area, for a cash consideration which shall consist of the present-day reproduction cost, new, of the facilities being acquired, less depreciation computed on a straight-line basis; plus an amount equal to the cost on a nonbetterment basis of constructing any necessary facilities to reintegrate the system of the utility outside the annexed area after detaching the portion to be sold; plus as compensation for service rights, an annual amount equal to the sum of twenty-five percent of the gross revenues received from power sales to consumers of electric power within the annexed area. The obligation of the annexing municipality to compensate the utility for service rights shall continue for eleven years from the date of the offer to purchase by the annexing municipality. During the eleven-year period, compensation for service rights to any one customer location within the annexed area shall be paid by the annexing municipality for a period of seven years or until the expiration of the eleven-year period, whichever is less. Gross revenues received shall be determined by applying the rate in effect by the municipality at the time of purchase.
Source:
SL 1975, ch 283, §42 (2); SL 1992, ch 330, §1; SL 2009, ch 239, §1.
2023 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).
2023 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).
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.