reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:14 - Financial statement requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each applicant for a public grain warehouse license shall
				  submit financial statements for the most recently completed year of operation.
				  The statements shall be prepared by a certified public accountant, independent
				  public accountant, a grain commission or management firm, or other individual
				  skilled in the preparation of financial statements in accordance with generally
				  accepted accounting principles or international financial reporting standards.
				  The financial statements may not be prepared by the applicant or an employee of
				  the applicant, and if the applicant is a partnership or corporation, by an
				  officer, shareholder, partner, or an employee of the partnership or
				  corporation. The commission may require the applicant to submit a second set of
				  financial statements prepared by a certified public accountant at the
				  compilation, review, or audit level if the commission determines that the first
				  financial statements submitted are incomplete or otherwise
				  unsatisfactory.
The financial statements must include a balance sheet and
				  statement of profit and loss. If the applicant's accountant has prepared a
				  statement of retained earnings, a statement of cash flows, a statement of
				  changes in financial position, and notes and disclosures to the financial
				  statements, those items must also be submitted.
If the valuation of any assets are listed at fair market
				  value, those valuations shall be established or confirmed by a person
				  experienced in making assessments of the fair market value of fixed assets. The
				  valuations must be accompanied by a statement signed by the person who
				  establishes or confirms the values stating that such person:
(1) Has no interest in the property
				appraised;
(2) Is not an employee
				of the applicant; and
(3) Has no
				personal bias with respect to the parties involved.
General Authority:
SDCL
					 49-43-4.1(2).
Law Implemented:
SDCL
					 49-43-4.1(2),
					 49-43-4.2,
					 49-43-4.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:15 - Financial criteria for licensing

Current through Register Vol. 51, page 10, July 15, 2024
At a minimum, the applicant's balance sheet must show a
				  positive net worth. In determining net worth, the commission may disallow the
				  following assets if the assets are withdrawals of equity or are
				  uncollectible:
(1) Accounts and notes
				receivable from or advances to stockholders, owners, partners, employees, or
				affiliates;
(2) Accounts receivable
				over 180 days old;
(3) Investments
				or equities in cooperatives; or
(4)
				Goodwill.
At a minimum, the balance sheet must show current assets
				  greater than current liabilities. In determining working capital, the
				  commission may disallow the following assets if the assets are withdrawals of
				  equity or are uncollectible:
(1)
				Accounts and notes receivable from or advances to stockholders, owners,
				partners, employees, or affiliates;
(2) Accounts receivable over 180 days
				old;
(3) Investments or equities in
				cooperatives; or
(4)
				Goodwill.
General Authority:
SDCL
					 49-43-4.1(2).
Law Implemented:
SDCL
					 49-43-4.1(2),
					 49-43-4.2,
					 49-43-4.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:16 - Seasonal emergency storage

Current through Register Vol. 51, page 10, July 15, 2024
A public grain warehouse may store grain outside on a
				  seasonal emergency storage basis between July 1 and January 31 without having
				  to comply with §
									20:10:11:13. Seasonal emergency
				  storage is allowed only if the public grain warehouse lacks sufficient
				  permanent roofed storage or temporary storage in conformity with §
									20:10:11:13 to accommodate the
				  amount of grain delivered to the warehouse. A public grain warehouse shall
				  maintain its bond coverage in an amount sufficient to cover both its grain
				  stored outside and its other warehouse grain at the coverage level specified in
				  SDCL 49-43-5.3. A warehouse operator
				  must maintain a separate record of all grain stored in a seasonal emergency
				  storage and must account for that grain in the daily position
				  record.
General Authority:
SDCL
					 49-43-4.1(7).
Law Implemented:
SDCL
					 49-43-4.1(7),
					 49-43-4.3,
					 49-43-5.3,
					 49-43-5.7,
					 49-43-9,
					 49-43-10,
					 49-43-11,
					 49-43-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:17 - Non-seasonal emergency storage

Current through Register Vol. 51, page 10, July 15, 2024
A public grain warehouse may submit an application to the
				  commission for approval to store grain outside on a non-seasonal emergency
				  storage basis between February 1 and June 30 without complying with §
									20:10:11:13. To be granted
				  approval, the applicant shall demonstrate that it is in sound financial
				  condition, that the storage site does not pose a significant threat to the
				  condition of the grain, and that is has bond coverage of public warehouse grain
				  stored in non-seasonal emergency storage in an amount equal to one hundred
				  percent of the local market value of the grain. In addition, the bond coverage
				  for all other public warehouse grain shall be at the coverage level specified
				  in SDCL 49-43-5.3. A warehouse operator
				  must maintain a separate record of all grain stored in non-seasonal emergency
				  storage and must account for that grain in the daily position
				  record.
General Authority:
SDCL
					 49-43-4.1(7).
Law Implemented:
SDCL
					 49-43-4.1(7),
					 49-43-4.3,
					 49-43-5.3,
					 49-43-5.7,
					 49-43-9,
					 49-43-10,
					 49-43-11,
					 49-43-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:11 - Public grain warehouses › Section 20:10:11:18 - Request for waiver

Current through Register Vol. 51, page 10, July 15, 2024
A licensed public grain warehouse operator may request a
				  waiver of any rule in this chapter. The commission may grant a waiver if it
				  finds that the waiver would not be detrimental to depositors and is in the
				  public interest.
General Authority:
SDCL
					 49-43-4.1(1) to
					 (9), inclusive.
Law Implemented:
SDCL
					 49-43-1,
					 49-43-4.2,
					 49-43-4.3,
					 49-43-4.4,
					 49-43-5.1,
					 49-43-5.3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:12 - Grain buyers › Section 20:10:12:05 - Form of grain buyer's bond

Current through Register Vol. 51, page 10, July 15, 2024
The Public Utilities Commission shall furnish the grain
				  buyer's bond form required by SDCL
				  49-45-9 and the bond form shall
				  contain the following:
(1) Name and
				address of the principal;
(2) Name
				and address of the surety;
(3)
				Purpose of the bond;
(4) Each
				location of the buyer;
(5) Starting
				and ending date of the license for which the bond is given;
(6) Amount of the bond;
(7) Bond obligation;
(8) Signatures of the principal and the
				surety;
(9)
				Acknowledgements;
(10) Statutory
				authority for the bond; and
(11) If
				the bond is for both a grain warehouseman's and a grain buyer's license, a
				recitation that the bond amounts are separate and not in the aggregate for both
				bonds.
General Authority:
SDCL
					 49-45-6(1).
Law Implemented:
SDCL
					 49-45-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:12 - Grain buyers › Section 20:10:12:05.01 - Form of grain buyer's additional bond

Current through Register Vol. 51, page 10, July 15, 2024
If a licensed grain buyer furnishes an additional bond to add
				  locations or to bring the bond amount into compliance with the requirements of
				  SDCL 49-45-9, or both, the additional
				  bond may be a rider executed by the corporate surety who issued the original
				  bond filed with the commission or an additional bond executed by a second
				  corporate surety.
A rider or additional bond shall be in substantially the same
				  form as required by §
									20:10:12:05 for original bonds.
				  The rider or additional bond shall state the name and locations of the grain
				  buyer licensee's facilities covered by the bond.
General Authority:
SDCL
					 49-45-6(1).
Law Implemented:
SDCL
					 49-45-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:12 - Grain buyers › Section 20:10:12:05.02 - Release of bonds

Current through Register Vol. 51, page 10, July 15, 2024
An original bond filed with the commission for the license
				  year may not be released unless a new bond is executed to replace the original
				  bond for the entire license year.
General Authority:
SDCL
					 49-45-6(1).
Law Implemented:
SDCL
					 49-45-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:12 - Grain buyers › Section 20:10:12:07 - Form of acknowledgement

Current through Register Vol. 51, page 10, July 15, 2024
The surety bonds set forth in §
									20:10:12:05 shall be acknowledged
				  by the principal and the corporate surety before a notary public. The surety
				  shall attach a valid power of attorney.
General Authority:
SDCL
					 49-45-6(1).
Law Implemented:
SDCL
					 49-45-6(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:12 - Grain buyers › Section 20:10:12:08 - Corporate surety required

Current through Register Vol. 51, page 10, July 15, 2024
The grain buyer's bond filed with the commission shall be
				  provided by a corporate surety company authorized to do business in the state
				  of South Dakota.
General Authority:
SDCL
					 49-45-6(1).
Law Implemented:
SDCL
					 49-45-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:12 - Grain buyers › Section 20:10:12:09 - Posting of license required

Current through Register Vol. 51, page 10, July 15, 2024
Grain buyers which operate a grain warehouse building shall
				  post the grain buyer's license issued by the commission in a conspicuous
				  location in the warehouse building.
General Authority:
SDCL
					 49-45-6(2).
Law Implemented:
SDCL
					 49-45-1,
					 49-45-6(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:12 - Grain buyers › Section 20:10:12:13 - Notice required to credit seller of grain

Current through Register Vol. 51, page 10, July 15, 2024
The terms of a voluntary credit sale of grain shall contain
				  the following statement: "This contract is not protected by South Dakota
				  statutory bond coverages." This statement shall be printed in red or bold type
				  immediately above the seller's signature line.
In addition to this statement, each voluntary credit sale
				  contract shall include the following:
(1) Name of the grain buyer;
(2) Name of the seller;
(3) Amount and type of grain;
(4) Grade of the grain;
(5) Method of pricing;
(6) Service charges or other fees;
(7) Advances against the contract;
(8) A statement that title to the grain
				passes to buyer upon delivery; and
(9) Signature and date of signature for both
				the seller and buyer immediately preceded by statement required in this
				section. However, if the voluntary credit sale contract is signed by only one
				of the parties to the contract, the requirements of this subsection are
				considered met if, within a reasonable time, a writing in confirmation of the
				contract and sufficient against the sender is received and the party receiving
				the writing in confirmation has reason to know its contents, unless written
				notice of objection to its contents is given within two days after the writing
				in confirmation is received.
General Authority:
SDCL
					 49-45-6(4),
					 49-45-11.
Law Implemented:
SDCL
					 49-45-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:12 - Grain buyers › Section 20:10:12:14 - Financial statement requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each applicant for a public grain buyer's license shall
				  submit financial statements for the most recently completed year of operation.
				  The financial statements may not be prepared by the applicant or an employee of
				  the applicant, and if the applicant is a partnership or corporation, by an
				  officer, shareholder, partner, or an employee of the partnership or
				  corporation.
An applicant for a class A grain buyer license shall submit
				  financial statements prepared by a certified or independent public accountant
				  at the review, or audit level, or detailed financial statements prepared by an
				  approved grain commission or management firm in accordance with generally
				  accepted accounting principles or international financial reporting
				  standards.
An applicant for a class B grain buyer license shall submit
				  financial statements prepared by a certified or independent public accountant,
				  a grain commission or management firm, or other individual skilled in the
				  preparation of financial statements.
If the commission determines that the first financial
				  statements submitted are incomplete or otherwise unsatisfactory, the commission
				  may require the applicant to submit a second set of financial statements
				  prepared by a certified or independent public accountant in accordance with
				  general accepted accounting principles or international financial reporting
				  standards at the compilation, review, or audit level.
The financial statements must include a balance sheet and
				  statement of profit and loss. If a statement of retained earnings, a statement
				  of cash flows, a statement of changes in financial position, or notes and
				  disclosures to the financial statements have been prepared, those items must
				  also be submitted.
If the valuation of any assets are listed at fair market
				  value, those valuations shall be established or confirmed by a person
				  experienced in making assessments of the fair market value of fixed assets. The
				  valuations must be accompanied by a statement signed by the person who
				  establishes or confirms the values stating that such person:
(1) Has no interest in the
				property;
(2) Is not an employee of
				the applicant; and
(3) Has no
				personal bias with respect to the parties involved.
General Authority:
SDCL
					 49-45-6(5).
Law Implemented:
SDCL
					 49-45-7,
					 49-45-7.1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:12 - Grain buyers › Section 20:10:12:15 - Financial criteria for licensing

Current through Register Vol. 51, page 10, July 15, 2024
At a minimum, for a class A license the applicant's balance
				  sheet must show a positive net worth of at least $250,000. However, in order to
				  offer voluntary credit sale contracts, a class A license applicant's balance
				  sheet must show a positive net worth of $500,000. At a minimum, for a class B
				  license the applicant's balance sheet must show a net worth of at least
				  $100,000. In determining net worth for a class A or class B applicant, the
				  commission may disallow the following assets if the assets are withdrawals of
				  equity or are uncollectible:
(1)
				Accounts and notes receivable from or advances to stockholders, owners,
				partners, employees, or affiliates;
(2) Accounts receivable over 180 days
				old;
(3) Investments or equities in
				cooperatives; or
(4)
				Goodwill.
At a minimum, the balance sheet for a class A or class B
				  applicant must show current assets greater than current liabilities. In
				  determining working capital, the commission may disallow the following assets
				  if the assets are withdrawals of equity or are uncollectible:
(1) Accounts and notes receivable from or
				advances to stockholders, owners, partners, employees, or affiliates;
(2) Accounts receivable over 180 days
				old;
(3) Investments or equities in
				cooperatives; or
(4)
				Goodwill.
General Authority:
SDCL
					 49-45-6(5).
Law Implemented:
SDCL
					 49-45-7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:12 - Grain buyers › Section 20:10:12:16 - Notice of license and regulation by the commission

Current through Register Vol. 51, page 10, July 15, 2024
A grain buyer shall keep posted at all times in a conspicuous
				  place in its facility, a printed notice that it is a bonded grain buyer
				  licensed and regulated by the South Dakota Public Utilities Commission. This
				  notice shall also include the address, phone number, and web site address of
				  the Public Utilities Commission.
General Authority:
SDCL
					 49-45-6(6).
Law Implemented:
SDCL
					 49-45-6(6).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:12 - Grain buyers › Section 20:10:12:17 - Request for waiver of rule

Current through Register Vol. 51, page 10, July 15, 2024
A licensed grain buyer may request a waiver of any rule in
				  this chapter. The commission may grant a waiver if it finds that the waiver
				  would not be detrimental to grain sellers and is in the public
				  interest.
General Authority:
SDCL
					 49-45-6(1) to
					 (6), inclusive.
Law Implemented:
SDCL
					 49-45-1,
					 49-45-7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:12 - Grain buyers › Section 20:10:12:18 - Notice to public of license suspension or revocation

Current through Register Vol. 51, page 10, July 15, 2024
Following the suspension or revocation of a grain buyer's
				  license, notice thereof shall be posted by an agent or employee of the
				  commission in a conspicuous place on the premises of all locations where grain
				  is received. If necessary to protect the public, the notice shall also be
				  published by the commission in at least one newspaper of general circulation in
				  the area served by the grain buyer.
General Authority:
SDCL
					 49-45-6(8).
Law Implemented:
SDCL
					 49-45-6(8),
					 49-45-16,
					 49-45-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:12 - Grain buyers › Section 20:10:12:19 - Notice requirements for transfer of ownership

Current through Register Vol. 51, page 10, July 15, 2024
At least 30 days before the transfer of ownership of a grain
				  buyer's grain receiving facility licensed by the commission, the grain buyer
				  shall notify, in writing, each producer who is due payment for grain delivered
				  to the grain buyer, has an open voluntary credit sale contract, an open
				  delivery contract, or any other open contract or written agreement pending with
				  the licensee. The surety named in the grain buyer's bond shall also be notified
				  of the pending transfer of ownership at least 30 days before the transfer. A
				  licensed grain buyer who transfers ownership of a grain receiving facility
				  licensed by the commission shall notify the commission of the pending transfer
				  seven days before notifying open contract holders and the surety named in the
				  grain buyer's bond.
General Authority:
SDCL
					 49-45-6(8).
Law Implemented:
SDCL
					 49-45-6(8).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Commission," the Public Utilities
				Commission of the State of South Dakota;
(2) "Functional classification,"
				classification among production, transmission distribution, and general
				functions;
(3) "Rate schedule," the
				rates or charges for a particular classification of service, including all
				special terms and conditions under which such service shall be
				furnished;
(4) "Rules" or
				"regulations," in tariff schedules, the rules, practices, classification
				exceptions, and conditions observed by a public utility that conditionally
				govern the application of rate schedules. The term does not refer to "rules" as
				defined in SDCL
				1-26-1(7);
(5) "Tariff schedule," the entire body of
				rates, charges, classifications, and rules collectively, enforced by a public
				utility, although the book or volume incorporating the same may consist of one
				or more sheets applicable to distinct service classifications.
(6) "FERC," the federal energy regulatory
				commission;
(7) "KWH," kilowatt
				hours;
(8) "BTU," British thermal
				unit;
(9) "MCF," thousand cubic
				feet;
(10) "ADR," asset
				depreciation range;
(11) "Test
				period," the test period outlined in §
									20:10:13:44, except that if
				additional material is filed by the utility, a test period is any 12
				consecutive months beginning no later than the proposed effective date of the
				rate application.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:02 - Utilities must file tariff schedules

Current through Register Vol. 51, page 10, July 15, 2024
Every public utility shall file with the commission its
				  tariff schedules legally effective on July 1, 1975, in substantially the form
				  and manner set out in this chapter. Original tariff schedules required to be
				  filed by SDCL
				  49-34A-10 must be filed within 30
				  days after the effective date of this chapter.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:03 - Separate tariff schedules required for each kind of service

Current through Register Vol. 51, page 10, July 15, 2024
If a utility furnishes more than one kind of service, a
				  separate tariff schedule must be filed for each kind of
				  service.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:04 - Arrangement of tariff schedules

Current through Register Vol. 51, page 10, July 15, 2024
Tariff schedules shall be filed in loose-leaf form for
				  binding in a stiff-backed book or volume and shall contain the following
				  sections arranged in the order set forth below:
(1) A title page to read as
				follows:
TARIFF SCHEDULES
Applicable to (kind of) SERVICE
of
(NAME AND ADDRESS OF UTILITY)
(2) A table of contents which contains a
				complete index of the numbers and titles of currently effective sheets listed
				in the order in which the tariff schedule sheets should be arranged in the
				tariff schedule book;
(3) A
				preliminary statement which is a brief description of the territory or zones
				served, types and classes of service rendered, and general conditions under
				which the service is rendered. The preliminary statement shall also include
				definitions and describe the use of the following symbols:
(a) "C" shall signify a changed listing,
				rule, or condition which may affect rates or charges;
(b) "D" shall signify discontinued material,
				including any listing, rate, rule, or condition;
(c) "I" shall signify an increase in the
				rate;
(d) "L" shall signify
				material relocated from or to another part of tariff schedules with no change
				in text, rate, rule. or condition;
(e) "N" shall signify new material including
				a listing, rate, rule, or condition;
(f) "R" shall signify a reduction in the
				rate;
(g) "T" shall signify a
				change in the wording of text with no change in the rate, rule, or
				condition;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:05 - Form of tariff schedules prescribed

Current through Register Vol. 51, page 10, July 15, 2024
The loose-leaf sheets used in tariff schedules shall be 8 1/2
				  inches wide by 11 inches long, punched for three-hole standard binders. Tariff
				  schedules may be printed, typewritten, mimeographed, or reproduced by any other
				  process which will provide a durable record. One side of a sheet only may be
				  used.
The margin at the top of each sheet shall show the name and
				  address of the public utility on the left-hand side. The right-hand side shall
				  contain the South Dakota Public Utilities Commission section and sheet number
				  (SD P.U.C. Sec. No. ___ Sheet No. ___), with designations as to whether it is
				  an original or revised sheet, together with the South Dakota Public Utilities
				  Commission numbers of any sheets cancelled thereby. Sheets shall be numbered
				  consecutively beginning with page number one for the first sheet of each
				  section filed by a utility.
The margin at the bottom of the sheet shall show the
				  following:
(1) On left-hand side, the
				term "Date Filed" followed by the date the schedule was filed with the
				commission;
(2) In the center, the
				name and title of the utility official responsible for the filing;
				and
(3) On right-hand side, the
				effective date of the filing.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:06 - Information required in tariff schedules

Current through Register Vol. 51, page 10, July 15, 2024
Each tariff schedule shall include the following information,
				  as nearly as possible in the order shown:
(1) The class of service, such as general or
				residential;
(2) The rate number or
				other designation;
(3) The
				character or applicability of the rate, such as heating, lighting, or
				power;
(4) The territory or zones
				to which the schedule is applicable; and
(5) Any special conditions, limitations,
				qualifications, and restrictions. The conditions shall be brief and clearly
				worded to cover all special conditions of the rates which are not fully covered
				in the rules. Amounts subject to refund shall be specified.
When a rate schedule or a rule is carried forward from one
				  sheet to another, the word "continued" shall be shown at the beginning of the
				  appropriate sheets.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:07 - Cancelled tariff schedules

Current through Register Vol. 51, page 10, July 15, 2024
Each public utility shall maintain its tariff schedules on a
				  current basis. The utility shall retain a file of cancelled tariff schedules in
				  its main business office within the state for a period of seven
				  years.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10.
Note:
All cancelled tariff schedules are also
					 available for public inspection in the offices of the commission during regular
					 hours of each day of business.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:08 - Exception to rules for the construction of tariff schedules

Current through Register Vol. 51, page 10, July 15, 2024
The rules for the construction of tariff schedules,
				  §§
									20:10:13:03 to
				  20:10:13:06, inclusive, must be
				  complied with by each public utility; however, the commission retains the right
				  to waive any departure from the required format of, or the specific wording in,
				  tariff schedules filed by a public utility.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:09 - List of contracts with deviations to be filed - Form

Current through Register Vol. 51, page 10, July 15, 2024
A utility rendering service to a customer under a contract
				  with deviation, submitted under §§
									20:10:13:02 to
				  20:10:13:07, inclusive, shall
				  maintain an up-to-date summary list of all such contracts in its tariff
				  schedules. The list shall be designated the list of contracts with deviations
				  and show at least the following information regarding each such
				  contract:
(1) The name and location of
				each customer;
(2) The type or
				class of service;
(3) The execution
				and expiration dates;
(4) The most
				comparable regular tariff by schedule number and any contract
				differences.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-3,
					 49-34A-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:10 - List of contracts with deviations to be filed within 30 days

Current through Register Vol. 51, page 10, July 15, 2024
Two copies of the list of contracts with deviations shall be
				  filed within 30 days after the establishment of a deviation or of the
				  expiration or cancellation of any currently listed contract deviation. The list
				  shall comply with §
									20:10:13:05 and shall have the
				  same other general characteristics in form as are required by this chapter.
				  Where there are no contracts with deviations, "none" shall be shown on the
				  list.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-3,
					 49-34A-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:11 - Filing of tariff schedule rules

Current through Register Vol. 51, page 10, July 15, 2024
Each tariff schedule rule shall be numbered and shall have a
				  brief title indicative of its contents. The rules shall comply specifically
				  with §
									20:10:13:05 and comply generally
				  with this chapter.
General rules shall cover the application of all rates,
				  charges, and service when such applicability is not fully set forth in and as a
				  part of the tariff schedules themselves.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:12 - Sample forms used by public utilities to be filed

Current through Register Vol. 51, page 10, July 15, 2024
Sample copies of printed forms that are normally used in
				  connection with customers' services, such as applications for service, regular
				  bills for service, contract forms, delinquency notices, disconnect notices,
				  deposit receipts, and similar forms, shall be considered a part of a utility's
				  tariff schedules. Each form shall be mounted on a regularly numbered tariff
				  schedule sheet showing the name or title of the form. Such forms shall be
				  maintained currently up to date in the same manner as tariff schedules insofar
				  as changes in them affect rates and conditions of service.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10,
					 49-34A-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:13 - Assignment of section numbers

Current through Register Vol. 51, page 10, July 15, 2024
Every tariff schedule filed with the commission shall use the
				  following section number designation:
(1) Section one, Table of contents;
(2) Section two, Preliminary
				statement;
(3) Section three, Rate
				schedules;
(4) Section four,
				Summary list of contracts with deviations;
(5) Section five, Rules;
(6) Section six, Sample forms.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:14 - Arrangement of rate schedules

Current through Register Vol. 51, page 10, July 15, 2024
When appropriate and feasible, the rate schedules shall be
				  arranged in the following order:
(1)
				Residential;
(2)
				Commercial;
(3)
				Industrial;
(4) Public.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:15 - Thirty days notice to commission required for tariff schedule changes

Current through Register Vol. 51, page 10, July 15, 2024
Notice to the commission of a change of rates or other
				  provisions of a tariff schedule shall be given by a utility by delivering to
				  the commission one complete copy of the new tariff schedule or revised sheets
				  with a statement of all the rates and other provisions it proposes to adopt at
				  least 30 days prior to the proposed effective date. The tariff schedule shall
				  be accompanied by the report required by §
									20:10:13:26 and by a certificate
				  to the effect that notice has been or is being given to the public in all
				  respects as required by §§
									20:10:13:17 to
				  20:10:13:19, inclusive, and if the
				  proposed change results in an increase or decrease, the estimated annual effect
				  on revenues.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10,
					 49-34A-19.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:16 - Date of commission's receipt governs notice period

Current through Register Vol. 51, page 10, July 15, 2024
No consideration shall be given to or for the time during
				  which a tariff schedule or revision may be held by an express company for
				  charges, or by the post office department because of insufficient postage, or
				  for any other delay in delivering it to the commission. A tariff schedule or
				  revision that is received too late to give the commission the full 30 days
				  notice shall be returned to the sender, and correction of the neglect or
				  omission cannot be made which takes into account any time elapsing between the
				  date upon which it was received and the date of attempted correction. When a
				  tariff schedule or revision is issued and the commission is not given the full
				  30 days notice, full notice must be given on any reissue thereof. No
				  consideration shall be given to telephone or telegraphic notices in computing
				  the 30 days notice required.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10,
					 49-34A-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:17 - Thirty days notice to public

Current through Register Vol. 51, page 10, July 15, 2024
Notice to the public of a change of rates and charges or of
				  rules shall be given by the utility by posting as prescribed in §
									20:10:13:18 or by individual
				  notice as prescribed in §
									20:10:13:19. Notice to small
				  qualifying facilities (as defined under 18 C.F.R. Section 292, with a design
				  capacity of 100 KW or less) of a change of rates and charges shall be given by
				  the utility through individual notice as prescribed in §
									20:10:13:19.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-4,
					 49-34A-10,
					 49-34A-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:18 - Utility shall post notice of proposed changes

Current through Register Vol. 51, page 10, July 15, 2024
A notice of a proposed change of rates and charges or rules
				  and regulations shall be exhibited in a conspicuous place in the business
				  offices of the utility in the territory affected for at least 30 days before
				  the date the change becomes effective. The notice shall state that proposed
				  rates and rules and regulations are available in that office for
				  inspection.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-4,
					 49-34A-10,
					 49-34A-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:19 - Utility shall give individual notice of proposed changes

Current through Register Vol. 51, page 10, July 15, 2024
When required by the commission, notice of the proposed rates
				  or rules shall be sent by the utility to each affected customer after the
				  proposed rate is filed with the commission. If the utility does not mail bills
				  to its customers, notice of the proposed rates or regulations may be required
				  by the giving of notice in a newspaper, magazine or other publication of the
				  utility. The notice shall indicate that more specific information may be
				  obtained at the office of the utility.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-4,
					 49-34A-10,
					 49-34A-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:20 - Application requirements for rate schedules filed on less than 30 days notice

Current through Register Vol. 51, page 10, July 15, 2024
In making application for permission to file changed rate
				  schedules and revised sheets on less than 30 days notice, the utility shall
				  state fully the circumstances and conditions which are relied upon as
				  justifying the application, and if the rates to be filed state a reduction in
				  the existing rates, the estimated annual saving to the users of the
				  service.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10,
					 49-34A-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:21 - Authority must be noted on tariff for rate schedules filed on less than 30 days notice

Current through Register Vol. 51, page 10, July 15, 2024
When permission is granted to file a tariff or revision on
				  less than 30 days notice, the words "Effective on less than 30 days notice by
				  authority of the Public Utilities Commission of South Dakota, dated __________"
				  must be written or printed on the tariff or revision.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10,
					 49-34A-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:22 - Compliance with order

Current through Register Vol. 51, page 10, July 15, 2024
Requirements included in orders of the commission granting
				  special permission to issue rate schedules or revisions on less than 30 days
				  notice must be literally complied with.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10,
					 49-34A-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:23 - Utilities to give public access to tariff schedules

Current through Register Vol. 51, page 10, July 15, 2024
Any agent or representative of a utility in charge of an
				  office or place of business shall give any reasonable information regarding
				  proposed rates and rules and regulations requested by any existing or
				  prospective consumer and shall give the consumer an opportunity to examine any
				  of the tariff schedules of the utility during regular hours of each business
				  day.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10,
					 49-34A-12.
Note:
All tariff schedules are also available
					 for public inspection in the offices of the commission during regular hours of
					 each business day.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:24 - Effective date of schedules - Suspension for investigation

Current through Register Vol. 51, page 10, July 15, 2024
When a new tariff schedule has been issued and proper notice
				  given to the commission and the public, the tariff schedule will become
				  effective on the date stated in the tariff, unless the commission, by order,
				  suspends the operation of the rates and regulations pending investigation
				  concerning the propriety of the proposed rates or
				  regulations.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10,
					 49-34A-13,
					 49-34A-14,
					 49-34A-17,
					 49-34A-21.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:25 - Old rates to remain in effect during suspension period

Current through Register Vol. 51, page 10, July 15, 2024
If the commission suspends any proposed rates, charges, or
				  rules contained in a tariff schedule, the previous rates, charges or
				  regulations shall remain in effect during the period of suspension or until
				  lawfully cancelled, reissued, or otherwise ordered by the commission. If a
				  suspended rate is put into effect under the provisions of SDCL
				  49-34A-16,
				  49-34A-22, and
				  49-34A-23, the commission shall
				  make the orders necessary to carry out the provisions of the statute and shall
				  determine the notice to be given the public.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10,
					 49-34A-16,
					 49-34A-22,
					 49-34A-23.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:26 - Report to commission of tariff schedule changes on notice

Current through Register Vol. 51, page 10, July 15, 2024
When a tariff schedule or revision to an existing tariff
				  schedule, covering a change in rates or another tariff schedule provision in
				  effect, is filed on notice as provided by §§
									20:10:13:15 and
				  20:10:13:16, the utility shall
				  submit to the commission, with the changed tariff schedule or revised tariff
				  schedule sheet, a report containing the following:
(1) Name and address of the public
				utility;
(2) Section and sheet
				number of tariff schedule;
(3)
				Description of the change;
(4)
				Reason for the change;
(5) Present
				rate;
(6) Proposed rate;
(7) Proposed effective date of modified
				rate;
(8) Approximation of annual
				amount of increase or decrease in revenue;
(9) Points affected;
(10) Estimation of the number of customers
				whose cost of service will be affected and annual amounts of either increases
				or decreases, or both, in cost of service to those customers; and
(11) Statement of facts, expert opinions,
				documents, and exhibits to support the proposed changes.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-4,
					 49-34A-10,
					 49-34A-12,
					 49-34A-41.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:27 - Number of copies of report to be filed

Current through Register Vol. 51, page 10, July 15, 2024
The original of the tariff schedule and the original and one
				  copy of the report of tariff schedule change shall be filed with each tariff
				  schedule change. The copy shall be stamped with the filing date and returned to
				  the utility.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:28 - Symbols

Current through Register Vol. 51, page 10, July 15, 2024
When a change is proposed on a tariff schedule sheet,
				  attention shall be directed to the change by a character along the right-hand
				  margin of the tariff schedule sheet, using the symbols set forth in §
									20:10:13:04.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:29 - Purchaser of utility must adopt existing rates

Current through Register Vol. 51, page 10, July 15, 2024
When ownership or control of a utility is changed, when a
				  utility or a part of its business is transferred from the operating control of
				  one utility to that of another, or when its name is changed, the utility which
				  will thereafter operate the utility business must use the rates,
				  classifications, and regulations of the former operating utility unless
				  otherwise authorized by the commission.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10,
					 49-34A-12.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:13 - Public utilities rate filing rules › Section 20:10:13:30 - Purchasing utility to issue adoption notice

Current through Register Vol. 51, page 10, July 15, 2024
The purchasing utility shall file an adoption notice
				  adopting, ratifying, and making its own all rates, rules, classifications and
				  regulations of the former operating utility on file with the commission,
				  effective at the time of the change of ownership or control. Adoption notices
				  may be filed and made effective without previous notice.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-10,
					 49-34A-12.