§ 49-34A-1 Definition of terms
§ 49-34A-2 Service required of utilities
§ 49-34A-2.1 Refusal of service without permission of commission prohibited–Exceptions–Violation as petty offense–Separate offenses
§ 49-34A-3 Unreasonable preferences and prejudices prohibited–Violation as petty offense–Separate offenses
§ 49-34A-4 Regulatory powers of commission–Rules
§ 49-34A-5 Municipal authority terminated
§ 49-34A-6 Rates to be reasonable and just–Regulation by commission
§ 49-34A-7 System of accounts
§ 49-34A-8 Criteria for determination of rates by commission
§ 49-34A-8.1 Policy to alleviate financial burden of pricing structure
§ 49-34A-8.2 Incentive rates for improved performance and efficiency
§ 49-34A-8.3 Business development rates–Public interest exception
§ 49-34A-8.4 Burden on public utility to establish criteria for determination of rates
§ 49-34A-9 Deviation from schedules of rates and charges prohibited–Violation as petty offense–Separate offenses
§ 49-34A-10 Tariffs and schedules filed by utilities–Public inspection
§ 49-34A-11 Burden of proving reasonableness of rates
§ 49-34A-12 Change in rates–Notice to commission and affected customers
§ 49-34A-13 Hearing on rate changes
§ 49-34A-13.1 Persons permitted to appear before commission or submit comments–Disclosure of identity and interest–Party status controlled by statutes and rules
§ 49-34A-14 Suspension of proposed rate or practice pending hearing–Time
§ 49-34A-16 Delay in effectuation of suspended rate schedule pending disposition of previously filed changes–Time–Violation as petty offense–Separate offenses
§ 49-34A-17 Implementation of proposed practice, proposed rate, or lower rate–Rate design–Accounts of customer payments–Refund of excess–Time limit
§ 49-34A-19 Costs and revenue considered in determining rates–Acquisition cost of property as alternative–Projected income and expenses
§ 49-34A-19.1 Separate accounts required for nonutility business–Profits and losses considered by commission
§ 49-34A-19.2 Disallowance for rate purposes of unreasonable profits of affiliates in sales or services to utility
§ 49-34A-20 Rate increases not required to prevent competition
§ 49-34A-21 Determination of rates–Order–Maximum rate–Classification adjustment
§ 49-34A-22 Future rate reduction or credit as alternative to refund of excess charges pending determination on increases
§ 49-34A-23 Action by commission for refund of excess charges pending determination on increase–Costs recovered–Limitation of actions
§ 49-34A-24 Municipal taxes on utilities passed on to customers
§ 49-34A-25 Automatic adjustment of rates for changes in energy, fuel and gas costs, ad valorem taxes paid or commission approved fuel incentives–Revised rate schedule filed by utility–Filing of bond if commission orders–Order of commission–Appeal
§ 49-34A-25.1 Approval of tariff mechanisms for automatic annual adjustment of charges for jurisdictional costs of new or modified transmission facilities
§ 49-34A-25.2 Approval, rejection, or modification of certain tariffs–Notice and hearing
§ 49-34A-25.3 Filing for annual rate adjustments–Contents
§ 49-34A-25.4 Standards for approval of annual rate adjustments
§ 49-34A-26 Investigation of rates or services by commission–Notice–Action
§ 49-34A-27 Standards, classifications, regulations or practices fixed by commission–Measuring devices–Quality control–Filing with commission
§ 49-34A-29 Issue of security or assumption of liability by utility prohibited unless authorized by commission
§ 49-34A-30 Short-term obligations permitted without commission approval–Maximum outstanding
§ 49-34A-31 Prompt disposition of applications on securities and obligations–Continuance
§ 49-34A-32 Findings required to permit issue of securities or assumption of obligation
§ 49-34A-33 Order permitting issue of securities or assumption of obligations–Supplemental orders
§ 49-34A-34 Application of security or proceeds in contravention of order prohibited unless commission consents
§ 49-34A-35 Sale, lease, disposition, purchase, merger, or consolidation prohibited unless authorized by commission–Certain transactions excepted
§ 49-34A-36 Investigation of proposed disposition of property–Time for decision
§ 49-34A-37 Purchase of voting stock in other utilities prohibited without commission’s consent–Violation as petty offense–Separate offenses
§ 49-34A-39 Investigation of condition of public utilities–Hearings
§ 49-34A-40 Commission access to utility premises to examine, test and inspect–Utility’s right to representation–Utilities to cooperate and assist
§ 49-34A-41 Order for production of utility books and records–Out-of-state records
§ 49-34A-42 Electric utility’s exclusive rights in assigned service area–Connecting facilities in another area
§ 49-34A-43 Boundaries of assigned service areas–Contracts between utilities–Service areas within municipalities
§ 49-34A-44 Maps of service areas to be filed by electric utilities–Boundaries assigned by commission order–Adjustment of intertwined service areas–Protest of assigned service areas
§ 49-34A-45 Payments to municipality from revenues of cooperative providing electric service within municipality
§ 49-34A-46 Payments to municipality owning electric system from revenues of electric utility operating within municipality
§ 49-34A-47 Time of payments to municipality
§ 49-34A-48 Electric utility’s right to continue service in area annexed to municipality
§ 49-34A-49 Municipal offer to purchase electric facilities in annexed area
§ 49-34A-50 Purchase price for electric facilities in area annexed by municipality
§ 49-34A-51 Application for determination by commission of price for municipal purchase of electric facilities in annexed area
§ 49-34A-52 Acknowledgment by utility of municipal offer to purchase facilities in annexed area–Obligations of parties
§ 49-34A-53.1 Purchase of facilities in territory annexed after July 1, 1975–Time limit–Determination of gross revenue
§ 49-34A-54 Purchase by utility of areas disannexed by municipality
§ 49-34A-55 Sale or exchange of rights and property allowed between municipalities and utilities
§ 49-34A-56 Large new customers not required to take service from assigned utility–Notice and hearing by commission–Factors considered
§ 49-34A-57 Extension of lines to serve utility’s or municipality’s own property
§ 49-34A-58 Adequacy of service determined by commission–Notice and hearing–Order to correct inadequacy–Transfer of rights on failure to comply
§ 49-34A-59 Notice and hearing on violation of service area provisions–Time for decision
§ 49-34A-61 Burden of proof on party seeking to modify or vacate commission order
§ 49-34A-61.1 Rehearings–Application–Grant or refusal–Time–Orders not stayed unless commission directs
§ 49-34A-62 Parties entitled to rehearings and appeals–Procedure
§ 49-34A-65 Bond required when stay or suspension granted–Other security in addition or in lieu–Refund of increase not allowed on appeal
§ 49-34A-66 Violation of law or commission order–Civil penalty
§ 49-34A-67 Each violation or day’s continuation as separate offense
§ 49-34A-68 Penalties cumulative–Single action does not bar other remedies
§ 49-34A-69 Commission to refer violations to attorney general
§ 49-34A-70 Preference on calendar for proceedings under chapter
§ 49-34A-71 Chapter complete–Laws in conflict repealed
§ 49-34A-72 Commission participation in federal proceedings–Recovery of expenses
§ 49-34A-73 Phase in rate plan for rate increases due to plant additions
§ 49-34A-73.1 Plant additions defined
§ 49-34A-74 Approval of phase in rate plan–Conditions
§ 49-34A-75 Review of reasonableness of rates under phase in rate plan–Adjustment
§ 49-34A-76 Filing of general rate case after end of phase in rate plan–Exception
§ 49-34A-77 Filing fee for phase in rate plan
§ 49-34A-78 Nonapproval of application for phase in rate plan
§ 49-34A-79 Public or electric utilities authorized to remove certain obstructions
§ 49-34A-82 Definitions
§ 49-34A-83 Refund or credit of certain taxes for construction of certain power production facilities
§ 49-34A-84 Requirements for refund
§ 49-34A-85 Amount of refund
§ 49-34A-86 Application for refund–Refund claim not assignable–Exception
§ 49-34A-87 Secretary to prescribe form and documentation requirements
§ 49-34A-88 Deadline for submitting claim for refund–Department to withhold percentage of refund
§ 49-34A-89 Withheld amounts paid at completion of project
§ 49-34A-90 Fraudulent claim–Refunded sums constitute lien in favor of state
§ 49-34A-91 Right to hearing on denial of refund claim
§ 49-34A-92 Promulgation of rules
§ 49-34A-93 Implementation of and compliance with certain federal energy acts
§ 49-34A-94 Renewable electricity and recycled energy defined
§ 49-34A-95 Renewable energy credits for electricity authorized
§ 49-34A-96 Promulgation of rules regarding renewable energy credit system
§ 49-34A-97 Approval of tariff mechanisms for automatic annual adjustment of charges for environmental improvements
§ 49-34A-98 Approval, rejection, or modification of certain electric service tariffs
§ 49-34A-99 Annual rate adjustment filings for certain electric service tariffs
§ 49-34A-100 Approval, rejection, or modification of annual rate adjustment
§ 49-34A-101 State renewable, recycled, and conserved energy objective established
§ 49-34A-102 Qualifications for meeting renewable, recycled, and conserved energy objective
§ 49-34A-103 Calculation of amount of electricity from renewable, recycled, and conserved energy source
§ 49-34A-104 Evaluation of use as reasonable and cost effective
§ 49-34A-105 Annual reports concerning renewable, recycled, and conserved energy objective
§ 49-34A-106 Purchase and retirement of renewable energy and recycled energy credits
§ 49-34A-107 Separation and protection of assets of gas and electric utilities
§ 49-34A-108 Electric utility to file rates for purchases of electricity produced by small renewable power facilities
§ 49-34A-109 Definitions
§ 49-34A-110 Responsibility for safety and reliability of farm tap distribution system
§ 49-34A-111 Liability of farm tap service provider
§ 49-34A-116 Electric vehicle charging station–Electric utility–Exception

Terms Used In South Dakota Codified Laws > Title 49 > Chapter 34A - Gas and Electric Utilities Regulation

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Statute: A law passed by a legislature.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2