reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:34 - Prohibition against unauthorized changing of telecommunications company and charging for unauthorized services › Section 20:10:34:09 - Billing requirements

Current through Register Vol. 51, page 10, July 15, 2024
A subscriber's bill shall contain a clear, concise
				  description of services being billed. The bill shall contain the name of the
				  telecommunications company requesting billing, and a toll-free telephone number
				  where the subscriber may call with billing questions.
General Authority:
SDCL
					 49-31-77,
					 49-31-85,
					 49-31-89.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-77,
					 49-31-85,
					 49-31-89.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:34 - Prohibition against unauthorized changing of telecommunications company and charging for unauthorized services › Section 20:10:34:10 - Notification of increase in rates

Current through Register Vol. 51, page 10, July 15, 2024
Prior to changing any rate, term, or condition of service, a
				  telecommunications company shall notify the subscriber of the change, at least
				  30 days in advance, if it is a materially adverse change. A materially adverse
				  change is a change which increases a rate or which modifies a term or condition
				  of service making it more burdensome on the customer as determined from the
				  perspective of a reasonable person in the average customer's position. Written
				  notification of a materially adverse change shall be provided individually to
				  each customer who receives a bill issued by the company.
General Authority:
SDCL
					 49-31-77,
					 49-31-85,
					 49-31-89.
Law Implemented:
SDCL
					 49-31-3,
					 49-31-12.8,
					 49-31-77,
					 49-31-85,
					 49-31-89.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:34 - Prohibition against unauthorized changing of telecommunications company and charging for unauthorized services › Section 20:10:34:10.01 - Complaints of unauthorized billing of products or services

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of an oral or written complaint alleging the
				  billing of an unauthorized product or service from a subscriber, the
				  subscriber's local exchange service company, or from the commission or its
				  staff on behalf of a subscriber or applicant, the telecommunications company
				  that initiated the billing shall provide documentation, within 30 days and
				  without cost, that the billing was authorized. The documentation shall be
				  provided to the person alleging the unauthorized billing. The company that
				  initiates the billing is the company that requests billing for a product or
				  service on behalf of a subscriber and seeks to provide the product or service
				  to the subscriber. If a telecommunications company fails to provide the
				  documentation, the charge is considered invalid.
The telecommunications company shall also notify the
				  subscriber that if the subscriber is not satisfied with the documentation
				  provided by the company, the subscriber may contact the commission. The
				  telecommunications company shall provide the subscriber with the commission's
				  toll free number.
General Authority:
SDCL
					 49-31-89.
Law Implemented:
SDCL
					 49-31-89,
					 49-31-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:34 - Prohibition against unauthorized changing of telecommunications company and charging for unauthorized services › Section 20:10:34:11 - Refund or credit of unauthorized charges - Payment for unauthorized charge - Opportunity for hearing

Current through Register Vol. 51, page 10, July 15, 2024
A telecommunications company which initiates billing for a
				  product or service without authorization from the subscriber shall issue to the
				  subscriber a full credit or refund of the entire amount of the unauthorized
				  charges. The credit or refund must be issued within a period not to exceed 60
				  days from the date it is determined that the charge was unauthorized.
In addition, the telecommunications company shall pay the
				  subscriber the amount required by SDCL
				  49-31-93 regardless of whether the
				  subscriber has contacted the commission. Failure of the telecommunications
				  company to pay the subscriber for an unauthorized charge may result in a civil
				  fine as authorized by SDCL
				  49-31-94. If there is a dispute as
				  to whether the charge was authorized, the subscriber or telecommunications
				  company may request a hearing before the commission pursuant to SDCL chapter
				  1-26.
General Authority:
SDCL
					 49-31-89.
Law Implemented:
SDCL
					 49-31-89,
					 49-31-93,
					 49-31-94.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:35 - Telecommunications services › Section 20:10:35:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Words and phrases defined in SDCL chapter 49-31 have the same
				  meaning when used in this chapter.
General Authority:
49-31-99.
Law
					 Implemented:
49-31-1.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:35 - Telecommunications services › Section 20:10:35:02 - Establishment of the register

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall use the South Dakota residential
				  telephone subscribers listed in the national "do-not-call" registry that is
				  established and maintained by the Federal Trade Commission as the register for
				  South Dakota.
General Authority:
49-31-99.
Law Implemented:
49-31-99,
					 49-31-103.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:35 - Telecommunications services › Section 20:10:35:03 - Procedure for enrollment on the register

Current through Register Vol. 51, page 10, July 15, 2024
A residential telephone subscriber may register by:
(1) Calling a toll-free number established by
				the Federal Trade Commission for the purpose of recording a residential
				telephone number on the national "do-not-call" registry; or
(2) Accessing the appropriate Internet site
				established by the Federal Trade Commission for the purpose of recording a
				residential telephone number on the national "do-not-call" registry.
General Authority:
49-31-99.
Law Implemented:
49-31-99,
					 49-31-103.
The National Do-Not-Call Registry telephone number is
					 1-888-382 -1222 to register residential and personal telephone numbers. Numbers
					 may also be registered online at
					 www.donotcall.gov.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:35 - Telecommunications services › Section 20:10:35:04 - Procedure for changing telephone numbers

Current through Register Vol. 51, page 10, July 15, 2024
If a residential telephone subscriber whose telephone number
				  is part of the register changes telephone numbers, the subscriber must register
				  the subscriber's new telephone number on the national "do-not-call"
				  registry.
General Authority:
49-31-99.
Law Implemented:
49-31-99,
					 49-31-103.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:35 - Telecommunications services › Section 20:10:35:05 - Fees for registration

Current through Register Vol. 51, page 10, July 15, 2024
A residential telephone subscriber is not charged a fee to be
				  included in the register.
General Authority:
49-31-99.
Law Implemented:
49-31-99,
					 49-31-100.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:35 - Telecommunications services › Section 20:10:35:06 - Telephone solicitors shall obtain a copy of the register

Current through Register Vol. 51, page 10, July 15, 2024
A telephone solicitor who intends to make unsolicited
				  telephone calls to residential telephone subscribers in South Dakota shall
				  obtain from the Federal Trade Commission a "do-not-call" registry of
				  residential telephone subscribers with area codes used in South
				  Dakota.
General Authority:
49-31-99.
Law Implemented:
49-31-99, 49-31-102,
					 49-31-103.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:35 - Telecommunications services › Section 20:10:35:07 - Telephone solicitors limited in use of register

Current through Register Vol. 51, page 10, July 15, 2024
Any telephone solicitor who obtains the register of South
				  Dakota residential telephone subscribers may only use the information for the
				  purposes expressly provided in SDCL chapter 49-31.
General Authority:
49-31-99.
Law Implemented:
49-31-99, 49-31-100,
					 49-31-101, 49-31-102, 49-31-103.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:35 - Telecommunications services › Section 20:10:35:08 - Telephone solicitors shall pay an annual fee

Current through Register Vol. 51, page 10, July 15, 2024
Each telephone solicitor who makes unsolicited telephone
				  calls to South Dakota residential telephone subscribers shall pay an annual fee
				  to the commission and provide all necessary documentation as required by the
				  commission pursuant to §
									20:10:35:10. The annual fee
				  is:
(1) Any company employing 5 or
				less employees or agents: $0.00;
(2) Any company employing 6 to 49 employees
				or agents: $50.00;
(3) Any company
				employing 50 to 100 employees or agents: $100.00;
(4) Any company employing 101 to 249
				employees or agents: $200.00;
(5)
				Any company employing 250 to 499 employees or agents: $300.00;
(6) Any company employing 500 to 999
				employees or agents: $400.00;
(7)
				Any company employing over 1,000 employees or agents: $500.00.
The annual fee is valid for one calendar year beginning
				  October 1. The fee shall be renewed annually by October 1 of each subsequent
				  year.
General Authority:
49-31-99.
Law Implemented:
49-31-99,
					 49-31-105.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:35 - Telecommunications services › Section 20:10:35:09 - Annual fee due prior to making telephone solicitation calls

Current through Register Vol. 51, page 10, July 15, 2024
The annual fee is due before any telephone solicitor may
				  place an unsolicited telephone call to any South Dakota residential telephone
				  subscriber.
General Authority:
49-31-99.
Law Implemented:
49-31-99, 49-31-105,
					 49-31-108.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:35 - Telecommunications services › Section 20:10:35:10 - Information required of telephone solicitors

Current through Register Vol. 51, page 10, July 15, 2024
Each telephone solicitor shall provide the solicitor's name,
				  address, telephone number, fax number, federal tax identification number
				  (FEIN), the number of employees as listed in §
									20:10:35:08, the electronic mail
				  address of a contact person for the company, partnership or individual planning
				  to place unsolicited telephone calls in this state, and the name and address of
				  the telephone solicitor's registered agent for service of process located in
				  this state.
General Authority:
49-31-99.
Law Implemented:
49-31-99,
					 49-31-105.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:35 - Telecommunications services › Section 20:10:35:11 - Telephone solicitors are required to make updates from register

Current through Register Vol. 51, page 10, July 15, 2024
Any telephone solicitor who makes unsolicited telephone calls
				  to South Dakota residential telephone subscribers is required to make updates
				  from the South Dakota register every thirty-one days.
General Authority:
49-31-99.
Law Implemented:
49-31-99, 49-31-100,
					 49-31-101, 49-31-102.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:35 - Telecommunications services › Section 20:10:35:12 - Reporting of violations

Current through Register Vol. 51, page 10, July 15, 2024
A residential telephone subscriber may report a violation by
				  submitting a complaint form to the commission. A complaint may be submitted
				  online or in writing on a form prepared by the commission.
General Authority:
49-31-99.
Law Implemented:
49-31-99,
					 49-31-108.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:35 - Telecommunications services › Section 20:10:35:13 - Information provided for complaints

Current through Register Vol. 51, page 10, July 15, 2024
A residential telephone subscriber may be asked for the
				  following information on the complaint form:
(1) Full name of residential telephone
				subscriber;
(2) Address of
				residential telephone subscriber;
(3) Residential telephone subscriber number
				called by the telephone solicitor;
(4) Name and, if available, telephone number
				of the telephone solicitor;
(5) Any
				information gathered by the residential telephone subscriber during the call
				concerning the telephone solicitation call or the telephone solicitor's
				commercial purpose;
(6) A statement
				giving consent to the residential telephone subscriber's local exchange carrier
				to provide all records relating to the call to the commission;
(7) Approximate date when the residential
				telephone subscriber registered on the register; and
(8) Any other information the commission
				considers necessary to fully investigate the complaint.
General Authority:
49-31-99.
Law Implemented:
49-31-99, 49-31-100,
					 49-31-101, 49-31-102, 49-31-103,
					 49-31-108.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:35 - Telecommunications services › Section 20:10:35:14 - Investigation of complaints

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a fully completed and submitted complaint,
				  the commission shall conduct an appropriate inquiry to determine if a violation
				  has occurred. If a violation has occurred, the commission may assess a penalty
				  pursuant to SDCL
				  49-31-108 or the complaint may be
				  entered on the Federal Trade Commission's Consumer Sentinel consumer complaint
				  database or both.
General Authority:
49-31-99.
Law Implemented:
49-31-99, 49-31-100,
					 49-31-101, 49-31-102, 49-31-103,
					 49-31-108.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:01 - Scope and applicability

Current through Register Vol. 51, page 10, July 15, 2024
The rules in this chapter govern the interconnection of small
				  generator facilities in South Dakota with an electric nameplate capacity of ten
				  megawatts or less to the electric distribution system of a public utility. The
				  rules do not apply to small generator facilities subject to the interconnection
				  requirements of FERC or a regional transmission organization. If a generation
				  facility has an electric nameplate capacity of more than ten megawatts that may
				  be subject to the commission's interconnection jurisdiction, this chapter may
				  be used as the basis for the interconnection process.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:03 - Rules waiver

Current through Register Vol. 51, page 10, July 15, 2024
Any public utility, applicant, and interconnection customer,
				  subject to the rules in this chapter, may mutually agree to waive all rules
				  except §
									20:10:36:16. If agreement cannot
				  be reached, and for good cause shown, a party may request the commission waive
				  any of the rules in this chapter.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:04 - Application for interconnection

Current through Register Vol. 51, page 10, July 15, 2024
A public utility shall require an applicant who wants to
				  interconnect, make a capacity change, or change the status of a proposed or
				  operating facility to submit an application to the public utility that owns and
				  operates the EDS to which interconnection is sought. Each public utility shall
				  review all interconnection requests submitted to the public utility at its
				  authorized mailing address.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:05 - Commissioning or operation notice

Current through Register Vol. 51, page 10, July 15, 2024
A public utility shall require the applicant to provide
				  commissioning notice or notice of intent to begin operations of a small
				  generation facility to the public utility. A tier 1 application shall provide
				  10 business days notice. A tier 2, tier 3, or tier 4 application shall provide
				  20 business days notice.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:06 - Application fees

Current through Register Vol. 51, page 10, July 15, 2024
The public utility shall require a non-refundable application
				  processing fee for each application. The amount of the fee is dependent upon
				  the review tier requested in the application and is intended to cover
				  reasonable costs for processing, minor study, and evaluation of the
				  application. Any application requiring a detailed study and engineering
				  evaluation may incur costs that are not covered by the application fee. Before
				  any costs above the application fee are assessed, the applicant must authorize
				  the public utility to continue by assuming responsibility for the additional
				  costs, or the application will be considered withdrawn and the original
				  application fee forfeited.
The application fees are as follows:
(1) Tier 1: $50;
(2) Tier 2: $50 plus $1 per kilowatt of rated
				generation output up to a maximum of $500;
(3) Tier 3: $100 plus $2 per kilowatt of
				rated generation output up to a maximum of $1,000; and
(4) Tier 4: $100 plus $2 per kilowatt of
				rated generation output up to a maximum of $1,000.
If an application fails to receive approval at one review
				  tier and makes a subsequent application for the same facility at a different
				  tier within the time frame for preserving the queue position, the original
				  application fee and any other fees paid in conjunction with the original
				  application will be applied to the fees for the updated application. By mutual
				  agreement, the review process can move directly to the next tier without filing
				  a separate formal application.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:07 - Term of interconnection

Current through Register Vol. 51, page 10, July 15, 2024
Interconnection of a small generator facility is considered
				  to be in effect for a period of up to 20 years at the interconnection
				  customer's option, unless terminated earlier by the default or voluntary
				  termination by the interconnection customer or by action of the commission. Any
				  interconnection agreement entered into before the effective date of this rule
				  shall remain in effect until the term of the agreement
				  expires.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:08 - Renewal of interconnection agreement

Current through Register Vol. 51, page 10, July 15, 2024
The public utility may not unreasonably refuse to grant an
				  expedited review of a request to renew an interconnection agreement. If the
				  conditions on the EDS are essentially the same as when the agreement was
				  originally approved, the public utility may waive all or part of the
				  application fee if fewer expenses are incurred in renewing the application,
				  provided that the facility has not undergone anything other than minor
				  equipment modifications, as determined by the public utility, since the expired
				  agreement was approved.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:09 - Aggregating multiple generators

Current through Register Vol. 51, page 10, July 15, 2024
If the interconnection request is for a small generator
				  facility that includes multiple small generator facilities at a site for which
				  the applicant seeks a single point of interconnection, the application shall be
				  evaluated for the purpose of the interconnection on the basis of the aggregate
				  electric nameplate capacity of the multiple small generator
				  facilities.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:10 - Point of contact - Information provided

Current through Register Vol. 51, page 10, July 15, 2024
The public utility shall designate a point of contact from
				  which information on the application process and the public utility's EDS may
				  be obtained. Unless providing the materials would violate security
				  requirements, confidentiality obligations, or be contrary to state or federal
				  regulations, the information shall include studies and other materials useful
				  to an understanding of the feasibility of interconnecting a small generator
				  facility at a particular point on the public utility's EDS. Subject to any
				  confidentiality agreements as may be required to protect the confidential or
				  proprietary information interests of the public utility or third parties, the
				  public utility shall comply with reasonable requests for access to or copies of
				  such studies.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:11 - Modifications

Current through Register Vol. 51, page 10, July 15, 2024
Once an application is received by the public utility and a
				  queue position is assigned, for any modification to the application, other than
				  a minor equipment modification, the public utility may require that a new
				  application be submitted and the original queue position be relinquished. If,
				  after an interconnection agreement has been entered, the interconnection
				  customer wants to modify the small generator facility, other than a minor
				  equipment modification, the public utility may require that a new application
				  must be submitted and approved before the proposed modifications may take
				  place.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:12 - Site control documentation

Current through Register Vol. 51, page 10, July 15, 2024
Documentation of site control must be available. If the
				  applicant is not currently a customer of the public utility, site control
				  documentation shall be provided with the application. Site control may be
				  demonstrated through ownership of, a leasehold interest in, or an option or
				  other right to develop a site for the purpose of constructing the small
				  generator facility. Site control may be documented by a property tax bill,
				  deed, a lease agreement, or other legally binding contract.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:13 - Right of access

Current through Register Vol. 51, page 10, July 15, 2024
The public utility shall have access to the applicant's or
				  interconnection customer's premises for any reasonable purpose in connection
				  with the interconnection application, interconnection agreement, or if
				  necessary to meet the legal obligation to provide service to the utility's
				  customers. Access must be requested at reasonable hours and upon reasonable
				  notice, or at any time without notice in the event of an emergency or hazardous
				  condition.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:14 - Multiple interconnections

Current through Register Vol. 51, page 10, July 15, 2024
The public utility may propose to interconnect more than one
				  small generator facility at a single point of interconnection in order to
				  minimize costs, and may not unreasonably refuse a request to do so. However, an
				  applicant or an interconnection customer may elect to pay the entire cost of
				  separate interconnection facilities.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:15 - Isolation device

Current through Register Vol. 51, page 10, July 15, 2024
If required by the public utility, a small generator facility
				  must be capable of being isolated from the public utility. When isolation is
				  required, a small generator facility shall do so in one of the following
				  ways:
(1) For a small generator
				facility interconnecting to a primary line, the isolation shall be by means of
				a lockable, visible-break isolation device readily accessible by the public
				utility;
(2) For a small generator
				facility interconnecting to a secondary line, the isolation shall be by means
				of a lockable isolation device whose status is clearly indicated and is readily
				accessible by the public utility;
(3) All other interconnection isolation
				devices shall be installed, owned, and maintained by the owner of the small
				generator facility and be capable of interrupting the full load of the small
				generator facility and shall be located between the small generator facility
				and the point of interconnection.
Alternatively, the applicant or interconnection customer may
				  elect to provide the public utility access to an isolation device that is
				  contained in a building or area that may be unoccupied and locked or not
				  otherwise readily accessible to the public utility by providing a lockbox
				  capable of accepting a lock provided by the public utility that will provide
				  ready access to the isolation device. The applicant or interconnection customer
				  must affix a placard in a location acceptable to the public utility that
				  provides clear instructions to the utility's operating personnel on how to gain
				  access to the isolation device.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:16 - Technical standard

Current through Register Vol. 51, page 10, July 15, 2024
The technical standard to be used in evaluating all
				  applications shall be IEEE 1547. If a public utility wants to use other
				  standards in addition to IEEE 1547, it may do so only after seeking and being
				  granted a waiver from the commission.
The public utility shall require the applicant or
				  interconnection customer to construct, own, operate, and maintain its small
				  generator facility and associated interconnection facilities in accordance with
				  the provisions of IEEE 1547, the safety standards required therein, and
				  reasonable safety and reliability standards required by the
				  commission.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:17 - Cost responsibility - General study costs

Current through Register Vol. 51, page 10, July 15, 2024
Whenever additional studies are required, the public utility
				  shall require the applicant to pay the additional, actual study costs above
				  what is covered by the initial application fee.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:18 - Minor EDS modifications - Cost responsibility

Current through Register Vol. 51, page 10, July 15, 2024
Minor modifications to the existing EDS identified by the
				  public utility under a tier 2 or tier 3 review are considered minor EDS
				  modifications. Changing meters, fuses, or relay settings are minor
				  modifications. The public utility shall decide what constitutes other minor EDS
				  modifications. The applicant is responsible for the costs of making minor EDS
				  modifications as may be necessary to gain approval from the public
				  utility.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:19 - Identification of interconnection facilities - Cost responsibility

Current through Register Vol. 51, page 10, July 15, 2024
The public utility shall identify under the review procedures
				  of a tier 2 review or under a tier 4 facilities study, the interconnection
				  facilities necessary to safely interconnect the small generator facility with
				  the public utility. The public utility shall itemize the interconnection
				  facilities for the applicant, including the cost of the facilities and the time
				  required to build and install those facilities. The public utility shall
				  require the interconnection customer to be responsible for the cost of the
				  interconnection facilities.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:20 - Interconnection equipment cost responsibility

Current through Register Vol. 51, page 10, July 15, 2024
The public utility shall require the interconnection customer
				  to be responsible for all expenses, including overheads, associated with
				  owning, operating, maintaining, repairing, and replacing its interconnection
				  equipment.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:21 - System upgrades - Cost responsibility

Current through Register Vol. 51, page 10, July 15, 2024
The public utility shall design, procure, construct, install,
				  and own any system upgrades. The actual cost of the system upgrades, including
				  overheads, shall be directly assigned to the applicant or interconnection
				  customer by the public utility.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:22 - Adverse system impacts - Cost responsibility

Current through Register Vol. 51, page 10, July 15, 2024
The public utility is responsible for identifying adverse
				  system impacts on any affected systems and for determining what mitigation
				  activities or upgrades may be required to accommodate a small generator
				  facility. The actual cost of any actions taken to address the adverse system
				  impacts, including overheads, shall be directly assigned to the applicant or
				  interconnection customer by the public utility. If allowed by the commission,
				  the applicant or interconnection customer may be entitled to financial
				  compensation from other public utility customers or other interconnection
				  customers who, in the future, utilize the upgrades paid for by the applicant or
				  interconnection customer. Compensation may only be required if a future
				  customer utilizes the upgrades within five years from the date the upgrades
				  were completed.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:23 - Study deposit

Current through Register Vol. 51, page 10, July 15, 2024
The public utility may require a deposit of no more than 50%
				  of the cost estimate for all studies. However, the deposit may not exceed
				  $1,000 for small generator facilities proposing to interconnect 500 kilowatts
				  or less. The deposit shall be paid in advance by the applicant for studies
				  necessary to complete an interconnection to the EDS.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:24 - Interconnection facilities deposit

Current through Register Vol. 51, page 10, July 15, 2024
The public utility may require a deposit of not more than 50%
				  of the estimated costs for interconnection facilities necessary to complete an
				  interconnection to the EDS. However, the deposit may not exceed $10,000 for
				  small generator facilities proposing to interconnect 500 kilowatts or less. The
				  deposit shall be paid in advance by the applicant for facilities necessary to
				  complete an interconnection to the EDS.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:25 - Billing and payment

Current through Register Vol. 51, page 10, July 15, 2024
Progress billing, final billing, and payment schedules shall
				  be agreed to by the parties prior to commencing work.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:26 - Insurance amounts

Current through Register Vol. 51, page 10, July 15, 2024
At a minimum, in connection with the interconnection
				  customer's performance of its duties and obligations under the interconnection
				  agreement, the public utility shall require the interconnection customer to
				  maintain, during the term of the agreement, general liability insurance at the
				  following levels:
(1) Tier 1: Proof of
				adequate homeowners, general liability, or commercial liability insurance
				sufficient to insure against all reasonably foreseeable direct liabilities
				given the size of the small generator facility;
(2) Tier 2: Proof of insurance up to a
				maximum of $500,000 per public utility request; or
(3) Tiers 3 and 4: Proof of insurance up to a
				maximum of $1,000,000 per public utility request.
The general liability insurance shall include coverage
				  against claims for damages resulting from bodily injury, including wrongful
				  death, and property damage arising out of the interconnection customer's
				  ownership or operation, or both, of the small generator facility under the
				  agreement.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:27 - Insurance requirements

Current through Register Vol. 51, page 10, July 15, 2024
By endorsement to the policy or policies, the general
				  liability insurance required pursuant to §
									20:10:36:26 shall include the
				  following:
(1) The public utility as
				an additional insured;
(2) A
				severability of interest clause or cross-liability clause;
(3) A provision that the public utility may
				not by reason of its inclusion as an additional insured incur liability to the
				insurance carrier for the payment of premium for the insurance; and
(4) A 30 calendar days' written notice to the
				public utility prior to cancellation, termination, alteration, or material
				change of the insurance.
If the small generator facility is connected to an account
				  receiving residential service from the public utility and the small generator
				  facility's total generating capacity is 10 kilowatts or smaller, then the
				  endorsements required above do not apply.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:28 - Proof of insurance

Current through Register Vol. 51, page 10, July 15, 2024
The interconnection customer shall furnish the required
				  insurance certificates and endorsements to the public utility prior to the
				  initial operation of the small generator facility. Evidence of the insurance
				  shall state that coverage provided is primary and is not excess to or
				  contributing with any insurance or self-insurance maintained by the public
				  utility. Thereafter, the public utility has the right to periodically inspect
				  or obtain a copy of the original policy or policies of
				  insurance.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:29 - Self-insurance

Current through Register Vol. 51, page 10, July 15, 2024
If the interconnection customer is self-insured with an
				  established record of self-insurance, the interconnection customer may comply
				  with the self-insurance requirements of this section in lieu of those required
				  by §
									20:10:36:26. At least 30 days
				  prior to the date of initial operation, the interconnection customer shall
				  provide to the public utility evidence of an acceptable plan to self-insure to
				  a level of coverage equivalent to that required under §
									20:10:36:26.
If an interconnection customer ceases to self-insure to the
				  required level or if the interconnection customer is unable to provide
				  continuing evidence of its ability to self-insure, the interconnection customer
				  shall immediately obtain the coverage otherwise required by this
				  chapter.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:30 - Witness test - Deficiencies in test

Current through Register Vol. 51, page 10, July 15, 2024
The public utility has the option of conducting a witness
				  test at a mutually agreeable time within 10 business days of the scheduled
				  commissioning of the small generator facility. If the public utility does not
				  conduct the witness test within 10 business days of the scheduled commissioning
				  date, or within the time otherwise mutually agreed upon by the parties, or if
				  the public utility notifies the applicant of its intent not to perform the
				  test, the witness test is considered waived.
If the witness test is conducted and is not acceptable to the
				  public utility, the applicant shall be allowed a period of 30 calendar days to
				  resolve any deficiencies. A request for extension may not be unreasonably
				  denied by the public utility. The parties may mutually agree to extend the time
				  period for resolving any deficiencies. If the applicant fails to resolve the
				  deficiencies to the satisfaction of the public utility within the agreed upon
				  time period, the application is considered withdrawn.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:31 - Tier 1 interconnection requirements

Current through Register Vol. 51, page 10, July 15, 2024
The public utility shall use the tier 1 review procedures for
				  a small generator facility application that meets the following
				  requirements:
(1) The proposed
				facility is inverter-based;
(2) The
				proposed facility has an electric nameplate capacity of 10 kilowatts or
				less;
(3) The proposed facility
				will use lab tested equipment only; and
(4) The proposed point of interconnection is
				not to a transmission line.
A public utility may not impose additional requirements to a
				  tier 1 interconnection application.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:32 - Tier 1 interconnection evaluation and screening criteria

Current through Register Vol. 51, page 10, July 15, 2024
A tier 1 interconnection shall use the following evaluation
				  and screening criteria:
(1) For
				interconnection of a proposed small generator facility to a radial distribution
				circuit, the aggregated generation must not exceed 15 percent of the line
				section annual peak load as most recently measured at the sub-station or
				calculated for the line section. Aggregated generation includes the proposed
				small generator facility, FERC wholesale generators, and FERC wholesale
				generators with a higher queue position;
(2) For interconnection of a proposed small
				generator facility to the load side of spot network protectors, the proposed
				small generator facility and the aggregated other generation and applications
				with a higher queue position must not exceed the lesser of 5 percent of a spot
				network's maximum load or 50 kilowatts;
(3) If the proposed small generator facility
				is to be interconnected on a single-phase shared secondary service line, the
				aggregated generation capacity on the shared secondary, which includes the
				proposed small generator facility and applications with a higher queue
				position, must not exceed 20 kilowatts; and
(4) If the proposed small generator facility
				is single-phase and is to be interconnected on a center tap neutral of a 240
				volt service line, its addition must not create a current imbalance between the
				two sides of the 240 volt service of more than 20 percent of the nameplate
				rating of the service transformer.
The proposed interconnection must use existing public utility
				  facilities.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:36 - Small generator facility interconnection › Section 20:10:36:34 - Tier 1 application completion

Current through Register Vol. 51, page 10, July 15, 2024
The tier 1 interconnection process is complete when:
(1) The application has passed the tier 1
				screening criteria;
(2) The small
				generator facility installation is approved by an electric code inspector with
				jurisdiction over the interconnection;
(3) The witness test, if conducted by the
				public utility, is successful;
(4)
				The parties execute a certificate of completion; and
(5) An interconnection agreement has been
				executed.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-93.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-93.