reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:37 - Pipeline safety rules › Section 20:10:37:05 - Pipeline operator's obligations

Current through Register Vol. 51, page 10, July 15, 2024
Each pipeline owner, pipeline operator, officer, employee,
				  and representative shall cooperate with the inspector and the commission in the
				  administration and enforcement of this chapter and in the investigation of
				  violations or alleged violations involving pipeline operator or intrastate
				  pipeline facilities owned or operated by the pipeline operator. Cooperation
				  includes making available all company books, files, records, reports,
				  supplemental data, and making readily accessible all company plant, property,
				  and facilities that the inspector may reasonably require in the administration
				  and enforcement of this chapter.
General Authority:
SDCL
					 49-34B-4,
					 49-34B-19.
Law Implemented:
SDCL
					 49-34B-3,
					 49-34B-4,
					 49-34B-5,
					 49-34B-19,
					 49-34B-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:37 - Pipeline safety rules › Section 20:10:37:06 - Inspector's reporting requirements

Current through Register Vol. 51, page 10, July 15, 2024
Regardless of the inspection type, the inspector shall
				  complete a post inspection report within 90 days upon completion of the
				  inspection itself. The report shall include a summary of probable noncompliance
				  issues if any exist. As applicable, the inspection report may include a
				  remediation plan wherein specific corrective action and a time frame for
				  completion shall be stated when probable noncompliance issues
				  exist.
General Authority:
SDCL
					 49-34B-4,
					 49-34B-19.
Law Implemented:
SDCL
					 49-34B-3,
					 49-34B-4,
					 49-34B-5,
					 49-34B-19,
					 49-34B-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:37 - Pipeline safety rules › Section 20:10:37:07 - Pipeline operator's receipt of the inspector report

Current through Register Vol. 51, page 10, July 15, 2024
The inspector shall provide a copy of all inspection report
				  materials to the pipeline operator. The report shall be provided to an
				  authorized official of the pipeline operator including an officer, manager, or
				  governing board member if probable violations or warnings, as defined in §
									20:10:37:08, are believed by the
				  inspector to exist.
General Authority:
SDCL
					 49-34B-4,
					 49-34B-19.
Law Implemented:
SDCL
					 49-34B-3,
					 49-34B-4,
					 49-34B-5,
					 49-34B-19,
					 49-34B-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:37 - Pipeline safety rules › Section 20:10:37:08 - Probable non-compliance inspection results

Current through Register Vol. 51, page 10, July 15, 2024
The inspector shall categorize potential noncompliance in one
				  of the following three categories to be specified in the inspection
				  report:
(1) A notice of probable
				violation may be issued if the inspector has good cause to believe a serious or
				repeat violation of applicable pipeline safety standards has occurred. The
				written notice of violation shall include a statement of the statute, rule, or
				regulation allegedly violated by the pipeline operator and a description of the
				factual basis on which the allegation is based. If a civil penalty is proposed,
				the report shall state the amount of the proposed civil penalty. A warning in
				subdivision (2) may be elevated to a notice of probable violation by the
				pipeline safety program manager if warning items are not remedied in a timely
				fashion;
(2) A warning may be
				issued for a probable violation of a less serious nature or a first time
				violation. The warning may include specific corrective actions that must be
				taken to correct the situation and the time frame within which such actions
				shall be completed; and
(3) A
				notice of concern may be used to inform the pipeline operator where best
				industry practices are not being followed but no direct code violation exists.
				The notice of concern designation shall be used for informational purposes only
				to aid the pipeline operator in managing as safe and effective pipeline as
				possible. No pipeline operator action is required.
General Authority:
SDCL
					 49-34B-4,
					 49-34B-19.
Law Implemented:
SDCL
					 49-34B-3,
					 49-34B-4,
					 49-34B-5,
					 49-34B-19,
					 49-34B-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:37 - Pipeline safety rules › Section 20:10:37:09 - Pipeline operator's inspection response

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a written notice of probable violation or
				  warning, the pipeline operator shall respond to the inspector within 30
				  business days in any one of the following ways:
(1) Admit to the probable violation or
				warning and agree to the proposed civil penalty or correction action, or both.
				Any proposed civil penalty is subject to commission approval;
(2) Respond to the probable violation or
				warning and agree to the proposed civil penalty or corrective action, or both.
				Any proposed civil penalty is subject to commission approval;
(3) A written dispute of the reported
				probable violation or warning at which time the pipeline operator may request a
				hearing before the commission if the dispute cannot be resolved with the
				inspector; or
(4) A written dispute
				of the proposed civil penalty or proposed corrective action, or both, at which
				time the pipeline operator may request a hearing before the
				commission.
General Authority:
SDCL
					 49-34B-4,
					 49-34B-19.
Law Implemented:
SDCL
					 49-34B-3,
					 49-34B-4,
					 49-34B-5,
					 49-34B-7,
					 49-34B-12,
					 49-34B-19,
					 49-34B-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:37 - Pipeline safety rules › Section 20:10:37:10 - Pipeline operator's incident reporting requirements

Current through Register Vol. 51, page 10, July 15, 2024
As soon as reasonably possible, but no later than one hour,
				  following confirmed discovery as found in the Code of Federal Regulations,
				  Title 49, Part 191 as of July 1, 2023, of an incident, the pipeline operator
				  shall notify the commission by phone of any incident on the pipeline system
				  owned or operated by the pipeline operator. The notification shall include the
				  identity of the pipeline operator, the time and location of the incident,
				  whether there are ascertainable fatalities, personal injuries requiring
				  inpatient hospitalization, or property damage, or both, and any other
				  significant facts and public dangers relevant to the incident. This reporting
				  requirement does not relieve the pipeline operator of the federal reporting
				  requirements as found in the Code of Federal Regulations, Title 49, Part 191 as
				  of July 1, 2023. This reporting requirement requires personal notification to
				  an inspector. Inspector contact information shall be provided by the
				  commission.
General Authority:
SDCL
					 49-34B-4,
					 49-34B-19.
Law Implemented:
SDCL
					 49-34B-3,
					 49-34B-4,
					 49-34B-5 49-34B-7, 49-34B-19,
					 49-34B-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:37 - Pipeline safety rules › Section 20:10:37:11 - Inspector's incident investigation

Current through Register Vol. 51, page 10, July 15, 2024
Each incident shall be docketed with the commission by an
				  inspector upon initiation of an investigation. An incident investigation shall
				  be conducted by an inspector and may include pipeline operator personnel
				  interviews, the inspection of failed equipment or pipe, the issuance of a
				  subpoena by the commission for failed equipment or pipe relating to the
				  incident for independent preservation, ordering of independent laboratory tests
				  of failed pipe or equipment, viewing related documents, and other reasonable
				  investigatory measures as needed to complete a comprehensive independent
				  investigation. The pipeline operator has ten business days to respond to
				  inspector requests for information. Disputes shall be resolved by the
				  commission.
General Authority:
SDCL
					 49-34B-4,
					 49-34B-19.
Law Implemented:
SDCL
					 49-34B-3,
					 49-34B-4,
					 49-34B-5,
					 49-34B-7,
					 49-34B-19,
					 49-34B-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:37 - Pipeline safety rules › Section 20:10:37:12 - Post-incident investigation meeting

Current through Register Vol. 51, page 10, July 15, 2024
Upon the conclusion of the inspector's investigation and all
				  laboratory or other tests and discovery and before the inspector's filing of a
				  formal incident report, the inspector shall notify the pipeline operator that
				  the inspector has completed the investigation. The pipeline operator or the
				  inspector may request a meeting to discuss investigation findings and incident
				  report contents prior to or following the filing of an incident report by the
				  inspector.
General Authority:
SDCL
					 49-34B-4,
					 49-34B-19.
Law Implemented:
SDCL
					 49-34B-3,
					 49-34B-4,
					 49-34B-5,
					 49-34B-7,
					 49-34B-19,
					 49-34B-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:37 - Pipeline safety rules › Section 20:10:37:13 - Incident report

Current through Register Vol. 51, page 10, July 15, 2024
After all the information has been gathered and the
				  investigation is concluded, the inspector shall file an incident report to
				  summarize the investigation and report on findings. The inspector's report
				  shall be filed with the commission. An incident docket shall conclude upon the
				  commission's acceptance or rejection of the inspector's report and
				  determination of what pipeline violations occurred, if any, what corrective
				  actions shall be required, if any, and what civil penalties are appropriate, if
				  any.
General Authority:
SDCL
					 49-34B-4,
					 49-34B-19.
Law Implemented:
SDCL
					 49-34B-3,
					 49-34B-4,
					 49-34B-5,
					 49-34B-7,
					 49-34B-12,
					 49-34B-19,
					 49-34B-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:37 - Pipeline safety rules › Section 20:10:37:14 - Pipeline operator's obligations upon completion of inspector's incident report

Current through Register Vol. 51, page 10, July 15, 2024
Upon filing of the inspector's incident report with the
				  commission, the pipeline operator shall respond, in writing, within 30 business
				  days from the pipeline operator's receipt of the incident report and state
				  whether the pipeline operator agrees with the report and recommendations or
				  disputes any portion of the report and recommendations.
General Authority:
SDCL
					 49-34B-4,
					 49-34B-19.
Law Implemented:
SDCL
					 49-34B-3,
					 49-34B-4,
					 49-34B-5,
					 49-34B-7,
					 49-34B-12,
					 49-34B-19,
					 49-34B-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:37 - Pipeline safety rules › Section 20:10:37:15 - Pipeline operator's failure to reply

Current through Register Vol. 51, page 10, July 15, 2024
A failure to reply to either an inspection report according
				  to §
									20:10:37:09 or an incident report
				  according to §
									20:10:37:14 shall be considered
				  consent to the report in its entirety. However. any proposed civil penalty is
				  subject to commission approval.
General Authority:
SDCL
					 49-34B-4,
					 49-34B-19.
Law Implemented:
SDCL
					 49-34B-3,
					 49-34B-4,
					 49-34B-5,
					 49-34B-7,
					 49-34B-12,
					 49-34B-19,
					 49-34B-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:37 - Pipeline safety rules › Section 20:10:37:16 - Request for hearing

Current through Register Vol. 51, page 10, July 15, 2024
Either the pipeline safety program manager or pipeline
				  operator may, at any time, request a hearing before the commission to resolve
				  any issue within the jurisdiction of the commission.
General Authority:
SDCL
					 49-34B-4,
					 49-34B-19.
Law Implemented:
SDCL
					 49-34B-3,
					 49-34B-4,
					 49-34B-5,
					 49-34B-7,
					 49-34B-12,
					 49-34B-19,
					 49-34B-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:37 - Pipeline safety rules › Section 20:10:37:17 - Change of ownership

Current through Register Vol. 51, page 10, July 15, 2024
Each pipeline operator, upon finalization of an agreement to
				  purchase or sell a jurisdictional gas pipeline facility subject to the
				  provisions of the Code of Federal Regulations, Title 49, Part 192 as of July 1,
				  2023, must, within 30 business days, submit to the commission's pipeline safety
				  program a written notification of this agreement. This rule does not apply to
				  any transaction made pursuant to SDCL
				  49-34A-35.
General Authority:
SDCL
					 49-34B-4,
					 49-34B-19.
Law Implemented:
SDCL
					 49-34B-3,
					 49-34B-4,
					 49-34B-19,
					 49-34B-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:37 - Pipeline safety rules › Section 20:10:37:18 - Notice requirements for transmission line construction

Current through Register Vol. 51, page 10, July 15, 2024
Each transmission pipeline operator within the jurisdiction
				  of the pipeline safety program shall, prior to the construction of a new
				  transmission line, or a relocation or replacement of a transmission line as
				  defined in the Code of Federal Regulations, Title 49, Part 192 as of July 1,
				  2023:
(1) Submit the information below
				to the commission's pipeline safety program no later than 60 days prior to the
				commencement of construction, relocation, or replacement:
(A) Pipeline operator's name and mailing
				address;
(B) Estimated dates
				construction is scheduled to begin and end;
(C) Map showing location and proposed route
				of pipeline;
(D) Identified gas
				transmission Integrity Management Program high consequence area, if
				applicable;
(E) Proposed steel
				pipeline specifications, including size, weight, grade, wall thickness, and
				coating;
(F) Proposed plastic pipe
				specifications, including size and Standard Dimension Ratio;
(G) Proposed design and maximum allowable
				operating pressure of pipeline;
(H)
				Pressure test procedures and method of pressure test prior to
				operations;
(I) Proposed type of
				cathodic protection;
(J) Minimum
				burial depths of pipeline at time of construction;
(K) Proposed location and type of pipeline
				safety equipment;
(L) Proposed type
				of highway and water crossing, such as whether it will be bored and cased,
				bored only, or trenched;
(M)
				Written construction procedures;
(N) Name of construction company if known at
				the time of filing the Notice; and
(O) Pipeline operator's contact name and
				phone number;
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:37 - Pipeline safety rules › Section 20:10:37:19 - Annual report

Current through Register Vol. 51, page 10, July 15, 2024
Each pipeline operator shall submit to the commission a copy
				  of its United States Department of Transportation Form RSPA F 7100.1-1 and/or
				  Form RSPA F 7100.2-1. A copy of the report shall be submitted by March 15 each
				  year for the preceding calendar year.
This reporting requirement does not relieve the operator of
				  its federal reporting requirements as found in
				  49 C.F.R. §§
										191.11 and
				  191.17 as of July 1,
				  2023.
General Authority:
SDCL
					 49-34B-4,
					 49-34B-19.
Law Implemented:
SDCL
					 49-34B-3,
					 49-34B-4,
					 49-34B-6,
					 49-34B-7,
					 49-34B-19,
					 49-34B-27.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:38 - Renewable energy credits and renewable, recycled, and conserved energy › Section 20:10:38:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms defined in SDCL
				  49-34A-1 have the same meaning
				  when used in this chapter. In addition, terms used in this chapter mean:
(1) "Conserved energy," the reduction of
				energy or capacity usage achieved through energy efficiency measures and demand
				response measures:
(2) "Demand
				response," temporary changes in energy use by end use customers from their
				normal consumption patterns in response to changes in the price of energy over
				time, in response to periods of high energy use, or in response to incentive
				payments designed to induce lower energy use at times of high wholesale market
				prices, high energy use, or when system reliability is jeopardized;
(3) "Demand response baseline energy use," an
				estimate of the electricity that would have been consumed in the absence of the
				implementation of a demand response measure;
(4) "Demand response impact evaluation," the
				performance of studies and activities intended to determine demand response
				reduction;
(5) "Demand response
				measure," any measure designed, intended, or used to implement demand
				response;
(6) "Demand response
				reduction," the reduction of electrical consumption achieved during the time a
				demand response measure was implemented as compared to the demand response
				baseline energy use;
(7) "Energy
				efficiency," the decrease in electricity requirements of specific customers
				during any selected period with end-use services of such customers held
				constant;
(8) "Energy efficiency
				baseline energy use," the energy consumption estimated to have occurred before
				the energy efficiency measure was implemented and is representative of normal
				operations;
(9) "Energy efficiency
				impact evaluation," the performance of studies and activities intended to
				determine the actual savings and other effects from energy efficiency
				measures;
(10) "Energy efficiency
				measure," any measure designed, intended, or used to improve energy
				efficiency;
(11) "Location," the
				county and state where the facility is located;
(12) "Post-installation energy use," energy
				consumption that occurs after an energy efficiency measure is
				implemented;
(13) "Reported
				conserved energy savings," the capability of installed energy efficiency and
				demand response measures to result in conserved energy. Reported conserved
				energy savings are an estimate of electricity savings from individual projects
				where engineering or other calculations were submitted with project proposals
				for specific energy conservation projects or where deemed savings are
				used.
General Authority:
SDCL
					 49-34A-4(2),
					 49-34A-27,
					 49-34A-101.
Law Implemented:
SDCL
					 49-34A-96,
					 49-34A-101,
					 49-34A-102,
					 49-34A-105,
					 49-34A-106.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:38 - Renewable energy credits and renewable, recycled, and conserved energy › Section 20:10:38:02 - Applicability of rules

Current through Register Vol. 51, page 10, July 15, 2024
The provisions of §§
									20:10:38:03 through
				  20:10:38:06, inclusive, apply only
				  to retail providers who use conserved energy sources to meet the renewable,
				  recycled, and conserved energy objective established by §49-34A-101.
				  Municipal and cooperative retail providers may aggregate the conserved energy
				  with their wholesale municipal power agency or generation and transmission
				  cooperative suppliers. The retail providers shall follow the requirements in
				  this chapter to determine the amount of conserved energy.
General Authority:
SDCL
					 49-34A-27,
					 49-34A-96,
					 49-34A-101.
Law Implemented:
SDCL
					 49-34A-96,
					 49-34A-101,
					 49-34A-102,
					 49-34A-105,
					 49-34A-106.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:38 - Renewable energy credits and renewable, recycled, and conserved energy › Section 20:10:38:03 - Measurement and verification of energy efficiency measures

Current through Register Vol. 51, page 10, July 15, 2024
A retail provider of electricity shall use a deemed savings
				  approach or a measured savings approach, as appropriate, to estimate or
				  determine the amount of conserved energy achieved through an energy efficiency
				  measure. The amount of conserved energy achieved through energy efficiency
				  measures shall be validated by the use of an energy efficiency impact
				  evaluation. An energy efficiency impact evaluation shall be performed at
				  appropriate periodic intervals that may be no more frequent than once every
				  three years and shall be consistent with generally accepted industry guidelines
				  for measurement and verification. As necessary, an energy efficiency impact
				  evaluation shall include adjustments to account for factors that are beyond the
				  control of the retail provider of electricity or energy consumer in order to
				  bring baseline energy use and post-installation energy use subject to the same
				  or similar conditions. Adjustments may include weather corrections, occupancy
				  levels and hours, change of building or facility use, and production levels.
				  The retail provider shall provide a general explanation of each energy
				  efficiency impact evaluation or estimate, the rationale for using each energy
				  efficiency impact evaluation or estimate, and the amount of expenditures spent
				  on energy efficiency measures for the calendar year.
If an energy efficiency impact evaluation has not been
				  completed at the time the retail provider's annual report is due, the retail
				  provider may use reported conserved energy savings for the time period the
				  energy efficiency measure was in effect. If the energy efficiency impact
				  evaluation has been completed at the time the retail provider's annual report
				  is due, the retail provider shall report the amount of conserved energy
				  achieved through energy efficiency measures as found in the
				  evaluation.
General Authority:
SDCL
					 49-34A-4(2),
					 49-34A-27,
					 49-34A-101.
Law Implemented:
SDCL
					 49-34A-96,
					 49-34A-101,
					 49-34A-102,
					 49-34A-105,
					 49-34A-106.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:38 - Renewable energy credits and renewable, recycled, and conserved energy › Section 20:10:38:04 - Deemed savings approach

Current through Register Vol. 51, page 10, July 15, 2024
A deemed savings approach uses pre-determined, validated
				  estimates of energy savings attributable to a particular energy efficiency
				  measure based upon engineering calculations, baseline studies, or reasonable
				  assumptions. A retail provider of electricity may use a deemed savings approach
				  for projects that involve simple energy efficiency measures with documented
				  per-measure values.
General Authority:
SDCL
					 49-34A-4(2),
					 49-34A-27,
					 49-34A-101.
Law Implemented:
SDCL
					 49-34A-96,
					 49-34A-101,
					 49-34A-102,
					 49-34A-105,
					 49-34A-106.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:38 - Renewable energy credits and renewable, recycled, and conserved energy › Section 20:10:38:05 - Measured savings approaches

Current through Register Vol. 51, page 10, July 15, 2024
A measured savings approach shall be based on one or more of
				  the following methods:
(1) The use of
				direct metering and monitoring to measure baseline energy use and
				post-installation energy use;
(2)
				The use of engineering methods that use standard formulas and assumptions to
				calculate the energy use of baseline and post-installation energy
				systems;
(3) The use of statistical
				analyses to estimate baseline energy use and post-installation energy use;
				or
(4) The use of computer models
				to predict the change in energy use after energy efficiency measures are
				implemented.
General Authority:
SDCL
					 49-34A-4(2),
					 49-34A-27,
					 49-34A-101.
Law Implemented:
SDCL
					 49-34A-96,
					 49-34A-101,
					 49-34A-102,
					 49-34A-105,
					 49-34A-106.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:38 - Renewable energy credits and renewable, recycled, and conserved energy › Section 20:10:38:06 - Measurement and verification of demand response measures

Current through Register Vol. 51, page 10, July 15, 2024
A retail provider of electricity shall use metering data
				  collection and analyses, statistical estimations, engineering analyses, or a
				  combination of these methods to estimate or determine the amount of conserved
				  energy achieved through a demand response measure. The amount of conserved
				  energy achieved through demand response measures shall be validated by the use
				  of a demand response impact evaluation. A demand response impact evaluation
				  shall be performed at appropriate periodic intervals consistent with generally
				  accepted industry guidelines for measurement and verification. The retail
				  provider shall provide a general explanation of each demand response impact
				  evaluation or estimate, the rationale for using each demand response impact
				  evaluation or estimate, and the amount of expenditures spent on demand response
				  measures for the calendar year.
If a demand response impact evaluation has not been completed
				  at the time the retail provider's annual report is due, the retail provider may
				  use reported conserved energy savings for the time period the demand response
				  measure was in effect. If the demand response impact evaluation has been
				  completed at the time the retail provider's annual report is due, the retail
				  provider shall report the amount of conserved energy achieved through demand
				  response measures as found in the evaluation.
General Authority:
SDCL
					 49-34A-4(2),
					 49-34A-27,
					 49-34A-101.
Law Implemented:
SDCL
					 49-34A-96,
					 49-34A-101,
					 49-34A-102,
					 49-34A-105,
					 49-34A-106.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:38 - Renewable energy credits and renewable, recycled, and conserved energy › Section 20:10:38:07 - Renewable energy credit requirements

Current through Register Vol. 51, page 10, July 15, 2024
A provider of electricity that generates electricity from
				  renewable electricity or recycled energy and that retires renewable energy
				  credits to meet the renewable, recycled, and conserved energy objective shall
				  provide to the commission:
(1) The
				amount of renewable energy credits that the provider retired, the amount of
				renewable energy credits that the provider retired to meet South Dakota's
				renewable energy objective, the tracking system the renewable energy credits
				were retired under, and the name and location of each facility that produced
				the retired renewable energy credits; and
(2) The amount of renewable energy credits
				that the provider retired to meet a renewable energy objective or renewable
				energy standard in each of the other states it provides electricity services,
				and the name and location of each facility that produced the retired renewable
				energy credits.
The information shall be provided for the preceding calendar
				  year by July first.
General Authority:
SDCL
					 49-34A-4(2),
					 49-34A-27,
					 49-34A-96.
Law Implemented:
SDCL
					 49-34A-27,
					 49-34A-94,
					 49-34A-95,
					 49-34A-96,
					 49-34A-101,
					 49-34A-102.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:02 - Purpose of rules - Conformance to electrical codes

Current through Register Vol. 51, page 10, July 15, 2024
This chapter standardizes the measurement and testing
				  procedures used to measure stray current or voltage in dairies. This chapter
				  does not replace existing safety standards embodied in electrical codes. Under
				  this chapter, testing is intended to determine:
(1) The presence and amount of any stray
				current or voltage within the dairy;
(2) The sources of any stray current or
				voltage detected; and
(3) The
				percent contribution from the utility side and the dairy side of the dairy
				service entrance to the total stray voltage or current measured on the
				dairy.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:03 - Measurement and testing by utility

Current through Register Vol. 51, page 10, July 15, 2024
A utility measuring or testing for stray current or voltage
				  at the request of a dairy producer, as directed by the commission, or on its
				  own initiative, shall conduct the measurements in accordance with this
				  chapter.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:04 - Notice to utility

Current through Register Vol. 51, page 10, July 15, 2024
A dairy producer may provide notice to the utility pursuant
				  to SDCL 49-47-3 with or without first
				  having conducted tests or measurements of stray voltage.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:05 - Cooperation between the dairy and utility

Current through Register Vol. 51, page 10, July 15, 2024
When a written notice is filed with the utility, the dairy
				  is obligated to make any contact points, service panels, ground rods, or other
				  electrical equipment at the dairy available to the utility for measuring and
				  testing. The utility shall provide reasonable notice and cooperate with the
				  dairy producer to establish an appropriate time to conduct the tests and
				  measurements. The dairy shall cooperate with the utility so that all tests and
				  measurements necessary to identify the existence and magnitude of stray current
				  or voltage, if any, are completed within 14 business days of the utility's
				  receipt of such notice.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:06 - Service provider

Current through Register Vol. 51, page 10, July 15, 2024
A service provider is required to follow the rules in this
				  chapter.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:07 - Qualified testing professional

Current through Register Vol. 51, page 10, July 15, 2024
Measuring and testing for stray current or stray voltage
				  shall be performed by a qualified testing professional. The following persons
				  are presumed to be qualified testing professionals:
(1) A professional engineer, licensed in any
				state, who has completed no fewer than 48 hours of commission-approved stray
				voltage training and who has been involved in no fewer than 5 prior
				investigations involving the measurement or testing of stray current or stray
				voltage;
(2) An electrician holding
				an electrical contractor's license, master electrician's license, or
				equivalent, in any state, who has completed no fewer than 48 40 hours of
				commission-approved stray current or stray voltage training and who has been
				involved in no fewer than 5 prior investigations involving the measurement or
				testing of stray current or stray voltage; or
(3) A technician who, under the supervision
				of a person presumed qualified under subdivision 20:10:39:07(1) or (2), who has
				completed no fewer than 8 hours of commission-approved stray current or stray
				voltage training and has been involved in no fewer than 5 prior investigations
				involving the measurement or testing of stray current or stray voltage.
The commission shall establish and update a list of
				  commission-approved stray current and stray voltage training
				  programs.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:08 - Qualified testing analyst

Current through Register Vol. 51, page 10, July 15, 2024
Analysis of data under this chapter shall be performed by a
				  qualified testing analyst. A qualified testing analyst is a professional
				  engineer, licensed in any state, who has completed no fewer than 40 hours of
				  stray current or stray voltage training, and who has been involved in no fewer
				  than 5 prior investigations involving measurement or testing of stray current
				  or stray voltage.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:09 - Additional qualified testing professional or analyst

Current through Register Vol. 51, page 10, July 15, 2024
A person who does not satisfy the qualifications in §
									20:10:39:07 or
				  20:10:39:08 may nonetheless be
				  determined by the commission to be a qualified testing professional or a
				  qualified analyst if, on motion of any party, the commission finds that person
				  otherwise possesses the knowledge, skill, experience, training, or education
				  that qualifies that person to offer expert testimony before the
				  commission.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:10 - General requirements for stray voltage measuring and recording

Current through Register Vol. 51, page 10, July 15, 2024
Equipment used for the measurement or testing of stray
				  voltage, current, and resistance shall meet the following criteria:
(1) The accuracy and resolution of any
				instrument used to measure or record cow contact voltage or current shall limit
				the error to five percent or less at one volt or two milliampere;
(2) Instruments used to measure cow contact
				voltage must be capable of separating and independently measuring alternating
				current and direct current voltages. These instruments shall have a minimum
				internal impedance of 10,000 ohms and must be capable of measuring the
				true-root mean square voltage;
(3)
				A clamp-on ammeter, a digital multi-meter with clamp-on device, or an in-line
				ammeter is used to measure current between two points. The meters must be
				capable of separating and independently measuring alternating current and
				direct current and capable of measuring the true-root mean square current. A
				clamp-on ammeter must have the required resolution and accuracy;
(4) Resistance is measured using either a
				volt ohmmeter or a digital multi-meter. Resolution must be to the level of one
				ohm or less when measuring a resistance of less than 1,000 ohms. Accuracy must
				be within plus or minus 5 ohms for a 500 ohm resistance; and
(5) Grounding electrode resistance-to-earth
				measurements are made with a three-point fa 11 -of-potential instrument or a
				clamp-on resistance-to-earth tester.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:11 - Calibration of measuring equipment

Current through Register Vol. 51, page 10, July 15, 2024
All measuring equipment must be calibrated according to the
				  manufacturer's recommended calibration schedule, but no less than annually, to
				  meet the manufacturer's specifications for the accuracy and resolution of the
				  equipment. Measuring equipment may not be used after its next "calibration due"
				  date for measurements or tests conducted during a stray voltage investigation.
				  Calibration is performed by either:
(1)
				The manufacturer of the equipment, who shall certify that the equipment meets
				the manufacturer's specifications for accuracy and resolution; or
(2) A laboratory currently certified as
				meeting all applicable standards of the Institute of Electrical and Electronic
				Engineers and the International Organization for Standards.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:12 - Calibration certificates

Current through Register Vol. 51, page 10, July 15, 2024
The service provider performing the tests and measurements
				  shall maintain certificates from the manufacturer or the calibration laboratory
				  demonstrating compliance with calibration requirements.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:13 - Field check of measuring equipment

Current through Register Vol. 51, page 10, July 15, 2024
Before voltage or current measurement or testing is
				  performed, the instrument is field-checked by comparing measurements to those
				  of other instruments or against a known source.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:14 - Requirements for monitoring and recording devices

Current through Register Vol. 51, page 10, July 15, 2024
Digital recording devices are used for the purpose of
				  recording current and voltage for extended periods. The recording devices shall
				  have the same level of resolution and accuracy as the meters being used for the
				  measurements. Monitoring systems, which combine measuring and recording
				  functions in a single instrument, shall have the same level of resolution and
				  accuracy as specified in §
									20:10:39:10. Recording devices and
				  monitoring systems must be capable of recording transient deviations of
				  one-tenth second or less in duration from the steady state. Digital recording
				  devices, which have deviation settings, shall permit the deviation setting to
				  be set low enough to meet the resolution and accuracy requirements in
				  subdivision 20:10:39:10(1). All recording devices must be able to log the time
				  and date of all data recorded and have their internal clocks
				  synchronized.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:15 - Requirements for load boxes

Current through Register Vol. 51, page 10, July 15, 2024
A load box is a primarily non-inductive nominal 240 volt,
				  resistance heating type load with a minimum nominal full load of 18 kilowatts.
				  A load box must be capable of operating at two or more load settings, including
				  approximately 50 percent and 100 percent of the load box's rated total
				  load.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:16 - Stray current or voltage test

Current through Register Vol. 51, page 10, July 15, 2024
Subject to §
									20:10:39:17, there are six tests
				  used to detect and measure stray current or voltage: cow contact test; 48 hour
				  test; primary profile test; secondary neutral voltage drop test; load box test;
				  and signature test. Efforts must be made to perform the tests under conditions
				  substantially similar to those conditions existing at the times the dairy
				  producer believes stray voltage to be a problem.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:17 - Testing sequence

Current through Register Vol. 51, page 10, July 15, 2024
The cow contact test and 48 hour test are used to determine
				  the presence and level of stray voltage and are performed in all
				  investigations, subject to the provisions of §
									20:10:39:21. The cow contact test
				  is performed first. The primary profile test, secondary neutral voltage drop
				  test, load box test, and signature test may be performed in any order and may
				  be performed without first determining that these tests are required under
				  §
									20:10:39:19. The primary profile
				  test, secondary neutral voltage drop test, load box test, and signature test
				  may be performed prior to starting the recording for the 48 hour test or while
				  the 48 hour test is in progress. The 48 hour test may be interrupted as
				  necessary to conduct the secondary neutral voltage drop test, load box test,
				  and signature test, or for review and analysis of the data recorded up to that
				  point.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:18 - Preventive action level not exceeded

Current through Register Vol. 51, page 10, July 15, 2024
If the results from the cow contact test and 48 hour test
				  indicate that stray voltage does not exceed the preventive action level as
				  defined in SDCL
				  49-47-1(5), the
				  utility has no further testing or remediation obligations under these rules
				  during this test cycle.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:19 - Preventive action level exceeded

Current through Register Vol. 51, page 10, July 15, 2024
If the preventive action level is exceeded, the utility
				  shall perform the remaining four tests, except as provided in §
									20:10:39:21. The utility shall
				  also perform an analysis to determine whether the portion of the stray current
				  or voltage attributable to an off-farm source exceeds 50 percent of the
				  preventive action level.
If the preventive action level is exceeded and the portion of
				  the stray current or voltage attributable to an off-farm source does not exceed
				  50 percent of the preventive action level, the utility has no further testing
				  or remediation obligations.
If the preventive action level is exceeded, and the portion
				  of the stray current or voltage attributable to an off-farm source exceeds 50
				  percent of the preventive action level, the utility shall conduct remediation
				  pursuant to SDCL
				  49-47-3. Under this condition, the
				  48 hour recording of the 48 hour test may be reduced to no fewer than 24
				  hours.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:20 - Report prepared by qualified analyst

Current through Register Vol. 51, page 10, July 15, 2024
For all testing conducted under this chapter, the utility
				  shall have a qualified analyst prepare a report pursuant to §
									20:10:39:59.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:10 - PUBLIC UTILITIES COMMISSION › Chapter 20:10:39 - Stray electrical current and voltage remediation rules › Section 20:10:39:21 - Suspended or limited testing

Current through Register Vol. 51, page 10, July 15, 2024
With the written agreement of both the utility and the dairy
				  producer, a stray voltage investigation may be suspended at any point in the
				  investigation. With the written agreement of both the utility and the dairy
				  producer, the utility may employ a limited set of tests or measurements on a
				  dairy as part of an intentionally limited evaluation. If the utility proposes
				  to suspend a stray voltage investigation or to conduct a limited evaluation,
				  its reasons for doing so must be set forth in the written agreement between the
				  utility and the dairy producer.
General Authority:
SDCL
					 49-47-2.
Law Implemented:
SDCL
					 49-47-2,
					 49-47-3.