49-41B-23. Waiver of compliance with chapter on grounds of urgency, disaster, or civil disorder.
The Public Utilities Commission may waive compliance with and provisions of this chapter if the utility or person submitting an application pursuant to the chapter demonstrates to the commission at a public hearing that an immediate, urgent need for a facility or an associated facility exists and that the utility or person submitting the application did not have knowledge that a need for the facility existed sufficiently in advance to fully comply with the provisions of this chapter. The commission may waive compliance with any of the provisions of this chapter upon receipt of notice by a utility or person that a facility, or an associated facility, has been damaged or destroyed as a result of fire, flood, or other natural disaster, or as a result of insurrection, war, or other civil disorder, and there exists a need for construction of a new facility, or the relation of a previously existing facility or associated facility in order to promote the public health, safety or welfare.
Source: SL 1977, ch 390, ยง30.
Structure South Dakota Codified Laws
Title 49 - Public Utilities and Carriers
Chapter 41B - Energy Conversion And Transmission Facilities
Section 49-41B-1 - Legislative findings--Necessity to require permit for facility.
Section 49-41B-2 - Definition of terms.
Section 49-41B-2.1 - Transmission facility defined.
Section 49-41B-2.2 - Modified facility defined.
Section 49-41B-4 - Permit required before construction of facility after certain date.
Section 49-41B-4.1 - Trans-state transmission facility--Permit and legislative approval required.
Section 49-41B-4.2 - Trans-state transmission line--Criteria required.
Section 49-41B-4.3 - Seasonal diversity exchange of electric power.
Section 49-41B-4.5 - Foreclosure on nondivested agricultural land.
Section 49-41B-4.6 - Corporate ownership of agricultural land.
Section 49-41B-4.7 - Divestiture of less than fair market value not required.
Section 49-41B-5.1 - Posting of signs on proposed site--Time for posting--Contents.
Section 49-41B-7 - Assessment by local review committee--Factors included.
Section 49-41B-9 - Financing of committee expenses.
Section 49-41B-10 - Final report of committee.
Section 49-41B-11 - Applications for permit--Filing deadline--Form--Contents.
Section 49-41B-14 - Further data provided prior to hearings if required--Prehearing conference.
Section 49-41B-15 - Commission procedure following receipt of application for permit.
Section 49-41B-16 - Public input hearing--Location--Publication of notice.
Section 49-41B-17 - Parties to proceedings under chapter.
Section 49-41B-17.2 - Contested case hearing.
Section 49-41B-19.1 - Public comments on application.
Section 49-41B-21 - Environmental impact statement.
Section 49-41B-22 - Applicant's burden of proof.
Section 49-41B-22.3 - Reapplication for permit--Deposits and fees required.
Section 49-41B-24.1 - Extension of deadlines.
Section 49-41B-25.1 - Notice to commission of planned construction of certain wind energy projects.
Section 49-41B-25.2 - Wind energy facility to include aircraft detection lighting system.
Section 49-41B-26 - Accounting for expenditures of applicant's deposit--Refund of unused moneys.
Section 49-41B-27 - Construction, expansion, and improvement of facilities.
Section 49-41B-29 - Transfer of permit--Commission approval--Rules.
Section 49-41B-30 - Circuit court review of commission decision by aggrieved party--Procedures.
Section 49-41B-31 - Order not stayed by appeal--Stay or suspension by court.
Section 49-41B-32 - Surety bond required if order stayed or suspended--Other security.
Section 49-41B-33 - Revocation or suspension of permit--Grounds.
Section 49-41B-35 - Promulgation of rules.
Section 49-41B-36 - Authority to route or locate facilities not delegated to commission.
Section 49-41B-37 - Citation of chapter.
Section 49-41B-38 - Indemnity bond for damage to roads and bridges.
Section 49-41B-39 - Financial security for decommissioning of wind turbines or solar facilities.