South Dakota Codified Laws
Chapter 34A - Gas And Electric Utilities Regulation
Section 49-34A-2.1 - Refusal of service without permission of commission prohibited--Exceptions--Violation as petty offense--Separate offenses.

49-34A-2.1. Refusal of service without permission of commission prohibited--Exceptions--Violation as petty offense--Separate offenses.
No public utility may, except in cases of emergency, fail to provide, discontinue, reduce or impair service to a community, or a part of a community, except for nonpayment of account or violation of rules and regulations, unless permission has been first obtained from the Public Utilities Commission to do so. An intentional violation of this section is a petty offense. Each day's violation is a separate offense.

Source: SL 1976, ch 296, §7; SL 1983, ch 15, §139.

Structure South Dakota Codified Laws

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-2.1 - Refusal of service without permission of commission prohibited--Exceptions--Violation as petty offense--Separate offenses.

Section 49-34A-3 - Unreasonable preferences and prejudices prohibited--Violation as petty offense--Separate offenses.

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-9 - Deviation from schedules of rates and charges prohibited--Violation as petty offense--Separate offenses.

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-13.1 - Persons permitted to appear before commission or submit comments--Disclosure of identity and interest--Party status controlled by statutes and rules.

Section 49-34A-14 - Suspension of proposed rate or practice pending hearing--Time.

Section 49-34A-16 - Delay in effectuation of suspended rate schedule pending disposition of previously filed changes--Time--Violation as petty offense--Separate offenses.

Section 49-34A-17 - Implementation of proposed practice, proposed rate, or lower rate--Rate design--Accounts of customer payments--Refund of excess--Time limit.

Section 49-34A-19 - Costs and revenue considered in determining rates--Acquisition cost of property as alternative--Projected income and expenses.

Section 49-34A-19.1 - Separate accounts required for nonutility business--Profits and losses considered by commission.

Section 49-34A-19.2 - Disallowance for rate purposes of unreasonable profits of affiliates in sales or services to utility.

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-22 - Future rate reduction or credit as alternative to refund of excess charges pending determination on increases.

Section 49-34A-23 - Action by commission for refund of excess charges pending determination on increase--Costs recovered--Limitation of actions.

Section 49-34A-24 - Municipal taxes on utilities passed on to customers.

Section 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 commissio...

Section 49-34A-25.1 - Approval of tariff mechanisms for automatic annual adjustment of charges for jurisdictional costs of new or modified transmission facilities.

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-27 - Standards, classifications, regulations or practices fixed by commission--Measuring devices--Quality control--Filing with commission.

Section 49-34A-29 - Issue of security or assumption of liability by utility prohibited unless authorized by commission.

Section 49-34A-30 - Short-term obligations permitted without commission approval--Maximum outstanding.

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-33 - Order permitting issue of securities or assumption of obligations--Supplemental orders.

Section 49-34A-34 - Application of security or proceeds in contravention of order prohibited unless commission consents.

Section 49-34A-35 - Sale, lease, disposition, purchase, merger, or consolidation prohibited unless authorized by commission--Certain transactions excepted.

Section 49-34A-36 - Investigation of proposed disposition of property--Time for decision.

Section 49-34A-37 - Purchase of voting stock in other utilities prohibited without commission's consent--Violation as petty offense--Separate offenses.

Section 49-34A-39 - Investigation of condition of public utilities--Hearings.

Section 49-34A-40 - Commission access to utility premises to examine, test and inspect--Utility's right to representation--Utilities to cooperate and assist.

Section 49-34A-41 - Order for production of utility books and records--Out-of-state records.

Section 49-34A-42 - Electric utility's exclusive rights in assigned service area--Connecting facilities in another area.

Section 49-34A-43 - Boundaries of assigned service areas--Contracts between utilities--Service areas within municipalities.

Section 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.

Section 49-34A-45 - Payments to municipality from revenues of cooperative providing electric service within municipality.

Section 49-34A-46 - Payments to municipality owning electric system from revenues of electric utility operating within municipality.

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-51 - Application for determination by commission of price for municipal purchase of electric facilities in annexed area.

Section 49-34A-52 - Acknowledgment by utility of municipal offer to purchase facilities in annexed area--Obligations of parties.

Section 49-34A-53.1 - Purchase of facilities in territory annexed after July 1, 1975--Time limit--Determination of gross revenue.

Section 49-34A-54 - Purchase by utility of areas disannexed by municipality.

Section 49-34A-55 - Sale or exchange of rights and property allowed between municipalities and utilities.

Section 49-34A-56 - Large new customers not required to take service from assigned utility--Notice and hearing by commission--Factors considered.

Section 49-34A-57 - Extension of lines to serve utility's or municipality's own property.

Section 49-34A-58 - Adequacy of service determined by commission--Notice and hearing--Order to correct inadequacy--Transfer of rights on failure to comply.

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-61.1 - Rehearings--Application--Grant or refusal--Time--Orders not stayed unless commission directs.

Section 49-34A-62 - Parties entitled to rehearings and appeals--Procedure.

Section 49-34A-65 - Bond required when stay or suspension granted--Other security in addition or in lieu--Refund of increase not allowed on appeal.

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-80 - Certain commercial small power production facilities subject to 49-34A-80 to 49-34A-92.

Section 49-34A-82 - Definitions.

Section 49-34A-83 - Refund or credit of certain taxes for construction of certain power production facilities.

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-88 - Deadline for submitting claim for refund--Department to withhold percentage of refund.

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-97 - Approval of tariff mechanisms for automatic annual adjustment of charges for environmental improvements.

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-103 - Calculation of amount of electricity from renewable, recycled, and conserved energy source.

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-108 - Electric utility to file rates for purchases of electricity produced by small renewable power facilities.

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.