49-34A-100. Approval, rejection, or modification of annual rate adjustment.
Upon receiving filing under §49-34A-99 for a rate adjustment pursuant to the tariff established in §49-34A-98, the commission may approve, reject, or modify the annual rate adjustment after notice and opportunity for hearing. In making its decision, the commission shall consider whether the costs and expenses included for recovery through the tariff were or are expected to be prudently incurred, will achieve environmental improvements at the lowest reasonable cost to ratepayers, and will allow the public utility to recover costs consistent with its allowed return on equity. To the extent the environmental improvement may affect the following, the commission may also consider whether the environmental improvement is likely to enhance adequate utility service, rate stability, the financial stability of the public utility, reasonable capital costs, just and reasonable rates, a fair rate of return, and other considerations that benefit the public interest.
Source: SL 2007, ch 272, §4.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 34A - Gas And Electric Utilities Regulation
Section 49-34A-1 - Definition of terms.
Section 49-34A-2 - Service required of utilities.
Section 49-34A-4 - Regulatory powers of commission--Rules.
Section 49-34A-5 - Municipal authority terminated.
Section 49-34A-6 - Rates to be reasonable and just--Regulation by commission.
Section 49-34A-7 - System of accounts.
Section 49-34A-8 - Criteria for determination of rates by commission.
Section 49-34A-8.1 - Policy to alleviate financial burden of pricing structure.
Section 49-34A-8.2 - Incentive rates for improved performance and efficiency.
Section 49-34A-8.3 - Business development rates--Public interest exception.
Section 49-34A-8.4 - Burden on public utility to establish criteria for determination of rates.
Section 49-34A-10 - Tariffs and schedules filed by utilities--Public inspection.
Section 49-34A-11 - Burden of proving reasonableness of rates.
Section 49-34A-12 - Change in rates--Notice to commission and affected customers.
Section 49-34A-13 - Hearing on rate changes.
Section 49-34A-14 - Suspension of proposed rate or practice pending hearing--Time.
Section 49-34A-20 - Rate increases not required to prevent competition.
Section 49-34A-21 - Determination of rates--Order--Maximum rate--Classification adjustment.
Section 49-34A-24 - Municipal taxes on utilities passed on to customers.
Section 49-34A-25.2 - Approval, rejection, or modification of certain tariffs--Notice and hearing.
Section 49-34A-25.3 - Filing for annual rate adjustments--Contents.
Section 49-34A-25.4 - Standards for approval of annual rate adjustments.
Section 49-34A-26 - Investigation of rates or services by commission--Notice--Action.
Section 49-34A-31 - Prompt disposition of applications on securities and obligations--Continuance.
Section 49-34A-32 - Findings required to permit issue of securities or assumption of obligation.
Section 49-34A-36 - Investigation of proposed disposition of property--Time for decision.
Section 49-34A-39 - Investigation of condition of public utilities--Hearings.
Section 49-34A-41 - Order for production of utility books and records--Out-of-state records.
Section 49-34A-47 - Time of payments to municipality.
Section 49-34A-48 - Electric utility's right to continue service in area annexed to municipality.
Section 49-34A-49 - Municipal offer to purchase electric facilities in annexed area.
Section 49-34A-50 - Purchase price for electric facilities in area annexed by municipality.
Section 49-34A-54 - Purchase by utility of areas disannexed by municipality.
Section 49-34A-57 - Extension of lines to serve utility's or municipality's own property.
Section 49-34A-59 - Notice and hearing on violation of service area provisions--Time for decision.
Section 49-34A-61 - Burden of proof on party seeking to modify or vacate commission order.
Section 49-34A-62 - Parties entitled to rehearings and appeals--Procedure.
Section 49-34A-66 - Violation of law or commission order--Civil penalty.
Section 49-34A-67 - Each violation or day's continuation as separate offense.
Section 49-34A-68 - Penalties cumulative--Single action does not bar other remedies.
Section 49-34A-69 - Commission to refer violations to attorney general.
Section 49-34A-70 - Preference on calendar for proceedings under chapter.
Section 49-34A-72 - Commission participation in federal proceedings--Recovery of expenses.
Section 49-34A-73 - Phase in rate plan for rate increases due to plant additions.
Section 49-34A-73.1 - Plant additions defined.
Section 49-34A-74 - Approval of phase in rate plan--Conditions.
Section 49-34A-75 - Review of reasonableness of rates under phase in rate plan--Adjustment.
Section 49-34A-76 - Filing of general rate case after end of phase in rate plan--Exception.
Section 49-34A-77 - Filing fee for phase in rate plan.
Section 49-34A-78 - Nonapproval of application for phase in rate plan.
Section 49-34A-79 - Public or electric utilities authorized to remove certain obstructions.
Section 49-34A-82 - Definitions.
Section 49-34A-84 - Requirements for refund.
Section 49-34A-85 - Amount of refund.
Section 49-34A-86 - Application for refund--Refund claim not assignable--Exception.
Section 49-34A-87 - Secretary to prescribe form and documentation requirements.
Section 49-34A-89 - Withheld amounts paid at completion of project.
Section 49-34A-90 - Fraudulent claim--Refunded sums constitute lien in favor of state.
Section 49-34A-91 - Right to hearing on denial of refund claim.
Section 49-34A-92 - Promulgation of rules.
Section 49-34A-93 - Implementation of and compliance with certain federal energy acts.
Section 49-34A-94 - Renewable electricity and recycled energy defined.
Section 49-34A-95 - Renewable energy credits for electricity authorized.
Section 49-34A-96 - Promulgation of rules regarding renewable energy credit system.
Section 49-34A-98 - Approval, rejection, or modification of certain electric service tariffs.
Section 49-34A-99 - Annual rate adjustment filings for certain electric service tariffs.
Section 49-34A-100 - Approval, rejection, or modification of annual rate adjustment.
Section 49-34A-101 - State renewable, recycled, and conserved energy objective established.
Section 49-34A-102 - Qualifications for meeting renewable, recycled, and conserved energy objective.
Section 49-34A-104 - Evaluation of use as reasonable and cost effective.
Section 49-34A-105 - Annual reports concerning renewable, recycled, and conserved energy objective.
Section 49-34A-106 - Purchase and retirement of renewable energy and recycled energy credits.
Section 49-34A-107 - Separation and protection of assets of gas and electric utilities.
Section 49-34A-109 - Definitions.
Section 49-34A-110 - Responsibility for safety and reliability of farm tap distribution system.
Section 49-34A-111 - Liability of farm tap service provider.
Section 49-34A-116 - Electric vehicle charging station--Electric utility--Exception.