reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:04 - General format of application for permit

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall file its application for a permit under
				  SDCL 49-41B-11 in the following
				  format:
(1) The applicant shall file
				ten copies of its application with the commission and any additional copies the
				commission requires. The applicant shall also provide a copy of the application
				in an electronic format acceptable to the commission;
(2) The application shall be typed, printed,
				or otherwise legibly reproduced on paper which is 8 1/2 inches by 11 inches in
				size. Maps, drawings, charts, or other documents which are bound in the
				application shall be cut or folded to 8 1/2 inches by 11 inches. Maps,
				drawings, or charts may accompany an application as separate
				exhibits;
(3) Typed or offset
				materials shall have a margin of one and one-half inches on the binding side or
				left-hand side and a margin of one inch on all other sides;
(4) All pages in an application shall be
				consecutively numbered. Maps, drawings or charts accompanying the application
				as exhibits shall be identified as "Exhibit________";
(5) The truth and accuracy of the application
				shall be verified by the applicant. Each application shall be considered to be
				a continuing application, and the applicant must immediately notify the
				commission of any changes of facts or applicable law materially affecting the
				application. This duty continues up to and includes the date on which the
				permit is issued or denied;
(6)
				When this chapter requires information concerning the facility to be submitted
				to the commission and the applicant is required to submit the same or similar
				information to another state, federal, or local agency having jurisdiction, the
				applicant may submit the information to the commission in the same format as it
				is or will be submitted to the other agency; and
(7) Any amendments to the application shall
				be filed in the same format required of the applications.
General Authority:
SDCL
					 49-41B-35(2).
Law Implemented:
SDCL
					 49-41B-11(1) thru
					 (12).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:05 - Application contents

Current through Register Vol. 51, page 10, July 15, 2024
The application for a permit for a facility shall contain the
				  applicable information specified in §§
									20:10:22:06 to
				  20:10:22:25, inclusive,
				  20:10:22:36, and 20:10:22:39. If the application is for a permit for an energy
				  conversion facility, it shall also contain the information specified in
				  §§
									20:10:22:26 to
				  20:10:22:33, inclusive. If the
				  application is for a permit for a transmission facility as defined in SDCL
				  subdivision 49-41B-2.1(1), it shall also contain the information in
				  §§
									20:10:22:34 and
				  20:10:22:35. If the application is
				  for a permit for a transmission facility as defined in SDCL subdivision
				  49-41B-2.1(2), it shall also contain the information in §§
									20:10:22:37 and
				  20:10:22:38. If the application is
				  for a permit for a wind energy facility or a solar energy facility, it shall
				  also contain the information in §§
									20:10:22:33.01 and
				  20:10:22:33.02.
The application for a permit for a facility shall contain a
				  list of each permit that is known to be required from any other governmental
				  entity at the time of the filing. The list of permits shall be updated, if
				  needed, to include any permit the applicant becomes aware of after filing the
				  application. The list shall state when each permit application will be filed.
				  The application shall also list each notification that is required to be made
				  to any other governmental entity.
General Authority:
SDCL
					 49-41B-35(2).
Law Implemented:
SDCL
					 49-41B-11(1) thru
					 (12), 49-41B-35(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:06 - Names of participants required

Current through Register Vol. 51, page 10, July 15, 2024
The application shall contain the name, address, and
				  telephone number of all persons participating in the proposed facility at the
				  time of filing, as well as the names of any individuals authorized to receive
				  communications relating to the application on behalf of those
				  persons.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11(1).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:07 - Name of owner and manager

Current through Register Vol. 51, page 10, July 15, 2024
The application shall contain a complete description of the
				  current and proposed rights of ownership of the proposed facility. It shall
				  also contain the name of the project manager of the proposed
				  facility.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11(7).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:08 - Purpose of facility

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall describe the purpose of the proposed
				  facility.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11(8).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:09 - Estimated cost of facility

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall describe the estimated construction cost
				  of the proposed facility.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11(12).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:10 - Demand for facility

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide a description of present and
				  estimated consumer demand and estimated future energy needs of those customers
				  to be directly served by the proposed facility. The applicant shall also
				  provide data, data sources, assumptions, forecast methods or models, or other
				  reasoning upon which the description is based. This statement shall also
				  include information on the relative contribution to any power or energy
				  distribution network or pool that the proposed facility is projected to supply
				  and a statement on the consequences of delay or termination of the construction
				  of the facility.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11(9).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:11 - General site description

Current through Register Vol. 51, page 10, July 15, 2024
The application shall contain a general site description of
				  the proposed facility including a description of the specific site and its
				  location with respect to state, county, and other political subdivisions; a map
				  showing prominent features such as cities, lakes and rivers; and maps showing
				  cemeteries, places of historical significance, transportation facilities, or
				  other public facilities adjacent to or abutting the plant or transmission
				  site.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:12 - Alternative sites

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall present information related to its
				  selection of the proposed site for the facility, including the
				  following:
(1) The general criteria
				used to select alternative sites, how these criteria were measured and weighed,
				and reasons for selecting these criteria;
(2) An evaluation of alternative sites
				considered by the applicant for the facility;
(3) An evaluation of the proposed plant, wind
				energy, or transmission site and its advantages over the other alternative
				sites considered by the applicant, including a discussion of the extent to
				which reliance upon eminent domain powers could be reduced by use of an
				alternative site, alternative generation method, or alternative waste handling
				method.
General Authority:
SDCL
					 49-41B-35(2).
Law Implemented:
SDCL
					 49-41B-11(6),
					 49-41B-21,
					 34A-9-7(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:13 - Environmental information

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide a description of the existing
				  environment at the time of the submission of the application, estimates of
				  changes in the existing environment which are anticipated to result from
				  construction and operation of the proposed facility, and identification of
				  irreversible changes which are anticipated to remain beyond the operating
				  lifetime of the facility. The environmental effects shall be calculated to
				  reveal and assess demonstrated or suspected hazards to the health and welfare
				  of human, plant and animal communities which may be cumulative or synergistic
				  consequences of siting the proposed facility in combination with any operating
				  energy conversion facilities, existing or under construction. The applicant
				  shall provide a list of other major industrial facilities under regulation
				  which may have an adverse effect on the environment as a result of their
				  construction or operation in the transmission site, wind energy site, or siting
				  area.
General Authority:
SDCL
					 49-41B-35(2).
Law Implemented:
SDCL
					 49-41B-11(11),
					 49-41B-21,
					 49-41B-22(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:14 - Effect on physical environment

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide information describing the effect
				  of the proposed facility on the physical environment. The information shall
				  include:
(1) A written description of
				the regional land forms surrounding the proposed plant or wind energy site or
				through which the transmission facility will pass;
(2) A topographic map of the plant, wind
				energy, or transmission site;
(3) A
				written summary of the geological features of the plant, wind energy, or
				transmission site using the topographic map as a base showing the bedrock
				geology and surficial geology with sufficient cross-sections to depict the
				major subsurface variations in the siting area;
(4) A description and location of economic
				deposits such as lignite, sand and gravel, scoria, and industrial and ceramic
				quality clay existent within the plant, wind energy, or transmission
				site;
(5) A description of the soil
				type at the plant, wind energy, or transmission site;
(6) An analysis of potential erosion or
				sedimentation which may result from site clearing, construction, or operating
				activities and measures which will be taken for their control;
(7) Information on areas of seismic risks,
				subsidence potential and slope instability for the plant, wind energy, or
				transmission site; and
(8) An
				analysis of any constraints that may be imposed by geological characteristics
				on the design, construction, or operation of the proposed facility and a
				description of plans to offset such constraints.
General Authority:
SDCL
					 49-41B-35(2).
Law Implemented:
SDCL
					 49-41B-11(11),
					 49-41B-22(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:15 - Hydrology

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide information concerning the
				  hydrology in the area of the proposed plant, wind energy, or transmission site
				  and the effect of the proposed site on surface and groundwater. The information
				  shall include:
(1) A map drawn to
				scale of the plant, wind energy, or transmission site showing surface water
				drainage patterns before and anticipated patterns after construction of the
				facility;
(2) Using plans filed
				with any local, state, or federal agencies, indication on a map drawn to scale
				of the current planned water uses by communities, agriculture, recreation,
				fish, and wildlife which may be affected by the location of the proposed
				facility and a summary of those effects;
(3) A map drawn to scale locating any known
				surface or groundwater supplies within the siting area to be used as a water
				source or a direct water discharge site for the proposed facility and all
				offsite pipelines or channels required for water transmission;
(4) If aquifers are to be used as a source of
				potable water supply or process water, specifications of the aquifers to be
				used and definition of their characteristics, including the capacity of the
				aquifer to yield water, the estimated recharge rate, and the quality of ground
				water;
(5) A description of designs
				for storage, reprocessing, and cooling prior to discharge of heated water
				entering natural drainage systems; and
(6) If deep well injection is to be used for
				effluent disposal, a description of the reservoir storage capacity, rate of
				injection, and confinement characteristics and potential negative effects on
				any aquifers and groundwater users which may be affected.
General Authority:
SDCL
					 49-41B-35(2).
Law Implemented:
SDCL
					 49-41B-11(11),
					 49-41B-21,
					 49-41B-22(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:16 - Effect on terrestrial ecosystems

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide information on the effect of the
				  proposed facility on the terrestrial ecosystems, including existing information
				  resulting from biological surveys conducted to identify and quantify the
				  terrestrial fauna and flora potentially affected within the transmission site,
				  wind energy site, or siting area; an analysis of the impact of construction and
				  operation of the proposed facility on the terrestrial biotic environment,
				  including breeding times and places and pathways of migration; important
				  species; and planned measures to ameliorate negative biological impacts as a
				  result of construction and operation of the proposed
				  facility.
General Authority:
SDCL
					 49-41B-35(2).
Law Implemented:
SDCL
					 49-41B-11(11),
					 49-41B-21,
					 49-41B-22(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:17 - Effect on aquatic ecosystems

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide information of the effect of the
				  proposed facility on aquatic ecosystems, and including existing information
				  resulting from biological surveys conducted to identify and quantify the
				  aquatic fauna and flora, potentially affected within the transmission site,
				  wind energy site, or siting area, an analysis of the impact of the construction
				  and operation of the proposed facility on the total aquatic biotic environment
				  and planned measures to ameliorate negative biological impacts as a result of
				  construction and operation of the proposed facility.
General Authority:
SDCL
					 49-41B-35(2).
Law Implemented:
SDCL
					 49-41B-11(11),
					 49-41B-21,
					 49-41B-22(2).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:18 - Land use

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide the following information
				  concerning present and anticipated use or condition of the land:
(1) A map or maps drawn to scale of the
				plant, wind energy, or transmission site identifying existing land use
				according to the following classification system:
(a) Land used primarily for row and nonrow
				crops in rotation;
(b) Irrigated
				lands;
(c) Pasturelands and
				rangelands;
(d) Haylands;
(e) Undisturbed native grasslands;
(f) Existing and potential extractive
				nonrenewable resources;
(g) Other
				major industries;
(h) Rural
				residences and farmsteads, family farms, and ranches;
(i) Residential;
(j) Public, commercial, and institutional
				use;
(k) Municipal water supply and
				water sources for organized rural water systems; and
(l) Noise sensitive land uses;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:19 - Local land use controls

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide a general description of local
				  land use controls and the manner in which the proposed facility will comply
				  with the local land use zoning or building rules, regulations or ordinances. If
				  the proposed facility violates local land use controls, the applicant shall
				  provide the commission with a detailed explanation of the reasons why the
				  proposed facility should preempt the local controls. The explanation shall
				  include a detailed description of the restrictiveness of the local controls in
				  view of existing technology, factors of cost, economics, needs of parties, or
				  any additional information to aid the commission in determining whether a
				  permit may supersede or preempt a local control pursuant to SDCL
				  49-41B-28.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11,
					 49-41B-28.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:20 - Water quality

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide evidence that the proposed
				  facility will comply with all water quality standards and regulations of any
				  federal or state agency having jurisdiction and any variances
				  permitted.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:21 - Air quality

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide evidence that the proposed
				  facility will comply with all air quality standards and regulations of any
				  federal or state agency having jurisdiction and any variances
				  permitted.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11,
					 49-41B-21,
					 49-41B-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:22 - Time schedule

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide estimated time schedules for
				  accomplishment of major events in the commencement and duration of construction
				  of the proposed facility.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:23 - Community impact

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall include an identification and analysis of
				  the effects the construction, operation, and maintenance of the proposed
				  facility will have on the anticipated affected area including the
				  following:
(1) A forecast of the
				impact on commercial and industrial sectors, housing, land values, labor
				market, health facilities, energy, sewage and water, solid waste management
				facilities, fire protection, law enforcement, recreational facilities, schools,
				transportation facilities, and other community and government facilities or
				services;
(2) A forecast of the
				immediate and long-range impact of property and other taxes of the affected
				taxing jurisdictions;
(3) A
				forecast of the impact on agricultural production and uses;
(4) A forecast of the impact on population,
				income, occupational distribution, and integration and cohesion of
				communities;
(5) A forecast of the
				impact on transportation facilities;
(6) A forecast of the impact on landmarks and
				cultural resources of historic, religious, archaeological, scenic, natural, or
				other cultural significance. The information shall include the applicant's
				plans to coordinate with the local and state office of disaster services in the
				event of accidental release of contaminants from the proposed facility;
				and
(7) An indication of means of
				ameliorating negative social impact of the facility development.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11(3),
					 49-41B-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:24 - Employment estimates

Current through Register Vol. 51, page 10, July 15, 2024
The application shall contain the estimated number of jobs
				  and a description of job classifications, together with the estimated annual
				  employment expenditures of the applicants, the contractors, and the
				  subcontractors during the construction phase of the proposed facility. In a
				  separate tabulation, the application shall contain the same data with respect
				  to the operating life of the proposed facility, to be made for the first ten
				  years of commercial operation in one-year intervals. The application shall
				  include plans of the applicant for utilization and training of the available
				  labor force in South Dakota by categories of special skills required. There
				  shall also be an assessment of the adequacy of local manpower to meet temporary
				  and permanent labor requirements during construction and operation of the
				  proposed facility and the estimated percentage that will remain within the
				  county and the township in which the facility is located after construction is
				  completed.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:25 - Future additions and modifications

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall describe any plans for future
				  modification or expansion of the proposed facility or construction of
				  additional facilities which the applicant may wish to be approved in the
				  permit.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:26 - Nature of proposed energy conversion facility

Current through Register Vol. 51, page 10, July 15, 2024
The application shall contain a description of the operating
				  nature of the proposed facility, the expected source and quantity of its raw
				  materials, and energy requirements. The preceding shall be illustrated by means
				  of an annotated map. The description shall include the following:
(1) The proposed on-line life of the facility
				and its projected operating capacity during its on-line life;
(2) A general description of the major
				components of the proposed facility such as boilers, steam generators, turbine
				generators, cooling facilities, production equipment, pollution control
				equipment, and other associated facilities;
(3) An identification of materials flowing
				into the facility, including all materials such as air, water, coal, and
				chemical compounds that will be utilized by the proposed facility, recorded in
				accordance with accepted scientific practices regarding their estimated
				consumption rate;
(4) An inventory
				of all materials flowing out of the proposed facility, including the method of
				control, treatment, destination, and disposal monitoring programs of each of
				the materials; and
(5) The
				procedures proposed to avoid or ameliorate the possibility that the discharges,
				emissions, or solid wastes would do any of the following:
(a) Constitute a public nuisance;
(b) Endanger the public health and
				safety;
(c) Endanger human, animal,
				or plant life; or
(d) Endanger
				recreational facilities.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:27 - Products to be produced

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall describe both in general terms and by
				  technical description the products and by-products to be produced by the
				  proposed facility and their destinations.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:28 - Fuel type used

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide a description of the type of fuel
				  used, including:
(1) Primary proposed
				fuel types;
(2) Anticipated yield
				and range (BTU or appropriate unit); and
(3) Approximate chemical analysis of the
				proposed design fuel.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:29 - Proposed primary and secondary fuel sources and transportation

Current through Register Vol. 51, page 10, July 15, 2024
On a map drawn to scale, the applicant shall provide the
				  location of proposed primary and secondary sources of fuel and method of its
				  transportation. When possible, the map shall show the location of the proposed
				  facility; where distances are too great to show the facility and proposed
				  primary and alternate supply sources, smaller scale inserts showing relative
				  location shall be presented. The applicant shall also describe any additional
				  transportation facilities needed to deliver raw materials and to remove
				  wastes.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:30 - Alternate energy resources

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide information concerning the
				  alternate energy resources considered in the construction of the energy
				  conversion facility. The applicant shall also discuss the reasons for selecting
				  the proposed energy resource rather than an alternative
				  resource.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11,
					 49-41B-21,
					 34A-9-7(4).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:31 - Solid or radioactive waste

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide information concerning the
				  generation, treatment, storage, transport, and disposal of solid or radioactive
				  waste generated by the proposed facility and evidence that all disposal of the
				  waste will comply with the standards and regulations of any federal or state
				  agency having jurisdiction. Any variations from these standards shall be
				  indicated.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:32 - Estimate of expected efficiency

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide an estimate of the expected
				  efficiency of the proposed energy conversion process and discuss the
				  assumptions on which the estimate is based.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:33 - Decommissioning

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide a plan or policy statement on
				  action to be taken at the end of the energy conversion facility's on-line life.
				  Estimates of monetary costs, site condition after decommissioning, and the
				  amount of land irretrievably committed shall be included in this
				  statement.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11,
					 49-41B-21,
					 49-41B-22,
					 34A-9-7(2) and
					 (5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:33.01 - Decommissioning of wind energy facilities and solar energy facilities - Funding for removal of facilities

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide a plan regarding the action to be
				  taken upon the decommissioning and removal of the wind energy facilities and
				  solar energy facilities. Estimates of monetary costs and the site condition
				  after decommissioning shall be included in the plan. The commission may require
				  a bond, guarantee, insurance, or other requirement to provide funding for the
				  decommissioning and removal of a wind energy facility and solar energy
				  facility. The commission shall consider the size of the facility, the location
				  of the facility, and the financial condition of the applicant when determining
				  whether to require some type of funding. The same criteria shall be used to
				  determine the amount of any required funding.
General Authority:
SDCL
					 49-41B-35(3).
Law Implemented:
SDCL
					 49-41B-35(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:33.02 - Information concerning wind energy facilities and solar energy facilities

Current through Register Vol. 51, page 10, July 15, 2024
If a wind energy facility or solar energy facility is
				  proposed, the applicant shall provide the following information:
(1) Configuration of the wind turbines,
				including the distance measured from ground level to the blade extended at its
				highest point, distance between the wind turbines, type of material, and color;
				or configuration of the solar panels;
(2) The number of wind turbines or solar
				panels, including the number of anticipated additions of wind turbines or solar
				panels in each of the next five years;
(3) Any warning lighting requirements for the
				wind turbines or solar panels;
(4)
				Setback distances from off-site buildings, right-of-ways of public roads, and
				property lines;
(5) Anticipated
				noise levels during construction and operation;
(6) Anticipated electromagnetic interference
				during operation of the facilities;
(7) The proposed wind energy site or solar
				energy site and major alternatives as depicted on overhead photographs and land
				use culture maps;
(8) Reliability
				and safety;
(9) Right-of-way or
				condemnation requirements;
(10)
				Necessary clearing activities;
(11)
				Configuration of towers and poles for any electric interconnection facilities,
				including material, overall height, and width;
(12) Conductor configuration and size, length
				of span between structures, and number of circuits per pole or tower for any
				electric interconnection facilities; and
(13) If any electric interconnection
				facilities are placed underground, the depth of burial, distance between access
				points, conductor configuration and size, and number of circuits
General Authority:
SDCL
					 49-41B-35(2).
Law Implemented:
SDCL
					 49-41B-11(2)(11).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:34 - Transmission facility layout and construction

Current through Register Vol. 51, page 10, July 15, 2024
If a transmission facility is proposed, the applicant shall
				  submit a policy statement concerning the route clearing, construction and
				  landscaping operations, and a description of plans for continued right-of-way
				  maintenance, including stabilization and weed control.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:35 - Information concerning transmission facilities

Current through Register Vol. 51, page 10, July 15, 2024
If a transmission facility is proposed, the applicant shall
				  provide the following information:
(1)
				Configuration of the towers and poles, including material, overall height, and
				width;
(2) Conductor configuration
				and size, length of span between structures, and number of circuits per pole or
				tower;
(3) The proposed
				transmission site and major alternatives as depicted on overhead photographs
				and land use culture maps;
(4)
				Reliability and safety;
(5)
				Right-of-way or condemnation requirements;
(6) Necessary clearing activities;
				and
(7) If the transmission
				facility is placed underground, the depth of burial, distance between access
				points, conductor configuration and size, and number of circuits.
General Authority:
SDCL
					 49-41B-35(2)(3).
Law Implemented:
SDCL
					 49-41B-11(2)(11).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:36 - Additional information in application

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall also submit as part of the application
				  any additional information necessary for the local review committees to assess
				  the effects of the proposed facility pursuant to SDCL
				  49-41B-7. The applicant shall also
				  submit as part of its application any additional information necessary to meet
				  the burden of proof specified in SDCL
				  49-41B-22.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-7,
					 49-41B-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:37 - Statement required describing gas or liquid transmission line standards of construction

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall submit a statement describing existing
				  pipeline standards and regulations that will be followed during construction
				  and operation of the proposed transmission facility.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11,
					 49-41B-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:38 - Gas or liquid transmission line description

Current through Register Vol. 51, page 10, July 15, 2024
The applicant shall provide the following information
				  describing the proposed gas or liquid transmission line:
(1) A flow diagram showing daily design
				capacity of the proposed transmission facility;
(2) Changes in flow in the transmission
				facilities connected to the proposed facility;
(3) Technical specifications of the pipe
				proposed to be installed, including the certified maximum operating pressure,
				expressed in terms of pounds per square inch gauge (psig);
(4) A description of each new compressor
				station and the specific operating characteristics of each station;
				and
(5) A description of all
				storage facilities associated with the proposed facility.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11,
					 49-41B-22.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:39 - Testimony and exhibits

Current through Register Vol. 51, page 10, July 15, 2024
Upon the filing of an application pursuant to SDCL
				  49-41B-11, an applicant shall also
				  file all data, exhibits, and related testimony which the applicant intends to
				  submit in support of its application. The application shall specifically show
				  the witnesses supporting the information contained in the
				  application.
General Authority:
SDCL
					 49-41B-35.
Law Implemented:
SDCL
					 49-41B-11.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:22 - Energy facility siting rules › Section 20:10:22:40 - Application for party status

Current through Register Vol. 51, page 10, July 15, 2024
A governmental agency, person, or nonprofit organization, as
				  specified in SDCL
				  49-41B-17(2) and
				  (3), shall be granted party status in a
				  proceeding commenced pursuant to SDCL 49-41B upon applying in writing to the
				  commission on a form provided by the commission.
The application shall contain the following:
(1) Date;
(2) Verified signature of the applicant;
				and
(3) A statement requesting
				party status.
The application shall be filed within 60 days from the date
				  the facility siting application is filed.
General Authority:
SDCL
					 49-41B-35(2).
Law Implemented:
SDCL
					 49-41B-17(1)(2)(3).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:23 - Gas and electric advertising rules › Section 20:10:23:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
				  49-34A-1 have the same meaning in
				  this chapter. Other terms in this chapter mean:
(1) "Institutional advertising," advertising
				designed to create, enhance, or sustain the utility's image or goodwill to the
				general public or its customers;
(2) "Rate justification advertising,"
				advertising designed to promote public acceptance of the utility's filed rates,
				including advertising in opposition to the decisions of the regulatory
				agency;
(3) "Promotional
				advertising," advertising designed to promote or retain the use of utility
				service, excluding advertising for the sale of merchandise;
(4) "Political advertising," advertising
				designed to influence public opinion with respect to the election or
				appointment of public officials, the adoption, repeal, revocation or
				modification of legislation, initiatives, referenda or ordinances, including
				expenditures for influencing the decisions of public officials. Advertising
				designed to influence public opinion with respect to the regulation of
				utilities shall also be included;
(5) "Conservation advertising," advertising
				which informs the customer of the reasons for and methods whereby energy can be
				conserved and energy consumption reduced by the customer;
(6) "Safety advertising," advertising which
				conveys information as to what the utility urges or suggests customers should
				do in utilizing electric or gas service to protect their health and safety or
				to utilize gas or electric equipment safely and economically;
(7) "Load factor advertising," advertising
				designed to improve load factor so plant and equipment already installed can be
				operated more efficiently;
(8)
				"Environmental advertising," advertising designed to inform the public
				concerning the methods by which customers can participate with the utility in
				preserving and improving the environment;
(9) "Informational advertising," advertising
				limited to customer information about power outages, energy alerts, and rates
				and refunds applicable to the customer's bill; and
(10) "Advertising required by law,"
				advertising required by SDCL 49-34A, commission rules, or commission
				order.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-4,
					 49-34A-7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:23 - Gas and electric advertising rules › Section 20:10:23:02 - Separate categories for each type of advertising required

Current through Register Vol. 51, page 10, July 15, 2024
At the time of each rate filing all South Dakota advertising
				  expenses claimed shall be reported to the commission in one of the ten
				  following categories: institutional advertising, rate justification
				  advertising, promotional advertising, political advertising, conservation
				  advertising, safety advertising, load factor advertising, environmental
				  advertising, informational advertising, and advertising required by
				  law.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-4,
					 49-34A-7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:23 - Gas and electric advertising rules › Section 20:10:23:03 - Advertising reporting required

Current through Register Vol. 51, page 10, July 15, 2024
Every two months each utility shall submit to the commission
				  one copy of all South Dakota advertising copy, whether claimed or not claimed
				  in a rate case, for electronic and print media.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-4,
					 49-34A-7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:23 - Gas and electric advertising rules › Section 20:10:23:04 - Scope of rules

Current through Register Vol. 51, page 10, July 15, 2024
Categorization of advertising by public utilities does not
				  imply or infer proper categorization. Nothing in these rules shall be
				  determinative for ratemaking purposes.
General Authority:
SDCL
					 49-34A-4.
Law Implemented:
SDCL
					 49-34A-4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:03 - Denial of application for certificate of authority for interexchange service

Current through Register Vol. 51, page 10, July 15, 2024
If an application filed pursuant to SDCL
				  49-31-3 for interexchange
				  telecommunications is incomplete, inaccurate, false, or misleading, the
				  commission shall reject the application. If the commission finds that the
				  applicant is not financially, technically, or managerially able to provide the
				  contemplated service, the commission shall deny the application for
				  certification.
General Authority:
SDCL
					 49-31-3.
Law Implemented:
SDCL
					 49-31-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:04 - Certificate of authority - Information filed after certification

Current through Register Vol. 51, page 10, July 15, 2024
After a telecommunications company has received a certificate
				  of authority from the commission, the company shall submit to the commission on
				  June 1 each year thereafter a report identifying the exchanges, routes, or
				  other geographic areas of this state where it is providing or expects to
				  provide services. The report shall include the number and type of customers
				  being served.
General Authority:
SDCL
					 49-31-3.
Law Implemented:
SDCL
					 49-31-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:04.01 - Sale, assignment, lease, or transfer of certificate of authority

Current through Register Vol. 51, page 10, July 15, 2024
If requesting a sale, assignment, lease, or transfer of a
				  certificate of authority to provide interexchange services, the company shall
				  provide the information required by §
									20:10:24:02. In ruling on any
				  proposed sale, assignment, lease, or transfer of a certificate of authority to
				  provide interexchange services, the commission shall consider the criteria set
				  forth in §
									20:10:24:03.
General Authority:
SDCL
					 49-31-3.
Law Implemented:
SDCL
					 49-31-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:04.02 - Suspension or revocation of certificate of authority

Current through Register Vol. 51, page 10, July 15, 2024
Failure of any provider of interexchange service to comply
				  with applicable requirements set forth in this chapter, other terms and
				  conditions imposed on its certification by the commission, or applicable rules
				  and laws, or for other good cause may result in the suspension or revocation of
				  the provider's certificate of authority to provide interexchange services.
				  Other good cause may include the following conduct:
(1) Failure to maintain accounts and records
				as required by the commission;
(2)
				Failure to file with the commission all financial and other reports that the
				commission may require, in a form and at such times as the commission may
				designate;
(3) Failure to cooperate
				with commission investigations or inquiries regarding customer complaints;
				and
(4) The furnishing or making of
				any misleading or false statement or report by an officer or agent of a
				telecommunications company, including those made by its legal counsel, to the
				commission.
General Authority:
SDCL
					 49-31-3.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-12.7.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:24 - Interexchange carrier and classification rules › Section 20:10:24:04.03 - Notice and hearing required for suspension or revocation of certificate of authority

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 49-31-3.
Law Implemented:
SDCL
					 1-26-29,
					 49-31-3.