South Dakota

49-34-1. Use of public way for transmission facilities.

49-34-2. Construction standards--Obstruction of travel--Repairs.

49-34-3. Contracts for central heating.

49-34-4. Acquiring property for accessory facilities--Procedure for condemnation.

49-34-5. Condemnation of parks or boulevards prohibited.

49-34-6. Extension of facilities--Branch lines--Designation of route--Filing with secretary of state--Aid authorized.

49-34-7. Branches to commercial facilities--Condemnation of right-of-way--Maximum length of branch.

49-34-8. Extension of foreign facilities through state--Local taxation and regulation.

49-34-9. Power to borrow money and give security--Resolution of board of directors.

49-34-10. Foreclosure of security--Succession to rights and powers.

49-34-11. Recordation of security with secretary of state--Effective date of lien--After acquired property.

49-34-11.1. Public utility defined.

49-34-11.2. Perfection of security interest in personal property or fixtures of public utility--Filing requirements and effectiveness.

49-34-11.3. Mortgage or trust deed securing debt executed by public utility--Filing requirements and effectiveness.

49-34-11.4. Applicability of uniform commercial code and other laws--Single filing--Compliance with retention requirements.

49-34-12. Assignment or discharge of security--Recordation with secretary of state--Description of property.

49-34-13. False meter readings as misdemeanor.

49-34-14. Overcharging--Civil fine--Charging station exempt.

49-34-15. Destruction of facilities as felony.

49-34-16. Unauthorized or fraudulent connection as misdemeanor--Civil liability unaffected.

49-34-17. Joint ownership of property used in connection with natural gas or electricity--Agreements for restrictions on alienation.

49-34-18. Unauthorized use of service--Definitions.

49-34-19. Civil liability for unauthorized service and damage to facilities--Limitation of action--Treble damages--Costs.

49-34-19.1. Tampering with back flow preventer a misdemeanor.

49-34-20. Presumptions.

49-34-21. Remedies additional.

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-15. 49-34A-15. Repealed by SL 1976, ch 296, § 30.

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-18. 49-34A-18. Repealed by SL 1976, ch 296, § 30.

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-28. 49-34A-28. Repealed by SL 1976, ch 296, § 30.

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-38. 49-34A-38, 49-34A-38.1. Repealed by SL 2007, ch 270, §§ 4, 5.

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. 49-34A-53. Repealed by SL 1992, ch 330, § 2.

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-60. 49-34A-60. Repealed by SL 1976, ch 296, § 30.

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-63. 49-34A-63, 49-34A-64. Repealed by SL 1976, ch 296, § 30.

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

49-34A-81. 49-34A-81. Repealed by SL 2003, ch 49, § 4.

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-112. Repealed.

49-34A-113. Repealed.

49-34A-114. Repealed.

49-34A-115. Repealed.

49-34A-116. Electric vehicle charging station--Electric utility--Exception.

49-34B-1. Definition of terms.

49-34B-2. 49-34B-2. Repealed by SL 2018, ch 267, § 1.

49-34B-3. Pipeline safety inspection program created--Compliance program.

49-34B-4. Promulgation of safety standards--Considerations.

49-34B-5. Noncompliance--Hearing--Corrective action.

49-34B-6. Plan for inspection and maintenance of facility--Inadequate plan--Hearing--Revision.

49-34B-7. Required records and information--Inspection by employee or agent of commission.

49-34B-8. Programs for prevention of damage.

49-34B-9. Inspection fee for intrastate operators--Recovery of unreasonable fees--Pipeline safety account established.

49-34B-10. Calculating inspection fee for intrastate operators.

49-34B-11. Initial inspection fee for intrastate operators--Filing objection--Delinquency fee--Fees credited to pipeline safety account.

49-34B-12. Civil penalty for violations--Maximum penalties--Penalties credited to pipeline safety account--Interstate facilities exempt.

49-34B-13. Conduct in violation of federal act--Authority of commission to pursue remedies.

49-34B-14. Commission as agent of United States Department of Transportation in regulating interstate pipelines.

49-34B-15. Designation of commission's inspectors as federal agents.

49-34B-16. Inspection fee for interstate operators--Objections to fee--Fees deposited in pipeline safety account.

49-34B-17. Calculation of interstate operator's inspection fee.

49-34B-18. Initial inspection fee for interstate operators--Filing objections--Hearings--Delinquency fee.

49-34B-19. Promulgation of inspection and safety rules.

49-34B-20. Promulgation of rules for calculation, assessment, and collection of fees.

49-34B-21. Accident report available in judicial proceedings.

49-34B-22. Trade secrets information confidential.

49-34B-23. Acceptance of federal moneys.

49-34B-24. Waiver of compliance with standards--Reasons to be stated.

49-34B-25. Damaging or tampering with sign or line markers prohibited--Violation as misdemeanor.

49-34B-26. Prohibition against disposing of, destroying or altering pipeline involved in emergency release--Violation as felony.

49-34B-27. Powers of commission in enforcement of chapter.

49-34C-1. Definition of terms.

49-34C-2. Operation of biogas lines--Written notice--Contents of notice.

49-34C-3. Operation of biogas lines--Required signage.

49-34C-4. Failure to comply--Interruption of operation.

49-34C-5. Failure to comply--Misdemeanor.