South Dakota Administrative Code

Rule 20:10:12:18 Notice to public of license suspension or revocation. 20:10:12:18. Notice to public of license suspension or revocation. Following the suspension or revocation of a grain buyer's license, notice thereof shall be posted by an agent or employee of the commission in…

Rule 20:10:12:19 Notice requirements for transfer of ownership. 20:10:12:19. Notice requirements for transfer of ownership. At least 30 days before the transfer of ownership of a grain buyer's grain receiving facility licensed by the commission, the grain buyer shall notify, in w…

20:10:13:01. Definitions. Terms used in this chapter mean: (1) "Commission," the Public Utilities Commission of the State of South Dakota; (2) "Functional classification," classification among production, transmission distribution, and general functions; (3) "Rate schedule," the …

20:10:13:02. Utilities must file tariff schedules. Every public utility shall file with the commission its tariff schedules legally effective on July 1, 1975, in substantially the form and manner set out in this chapter. Original tariff schedules required to be filed by SDCL 49-3…

20:10:13:03. Separate tariff schedules required for each kind of service. If a utility furnishes more than one kind of service, a separate tariff schedule must be filed for each kind of service. Source: 2 SDR 12, effective August 19, 1975; 12 SDR 151, 12 SDR 155, effective July 1…

20:10:13:04. Arrangement of tariff schedules. Tariff schedules shall be filed in loose-leaf form for binding in a stiff-backed book or volume and shall contain the following sections arranged in the order set forth below: (1) A title page to read as follows: TARIFF SCHEDULESAppli…

20:10:13:05. Form of tariff schedules prescribed. The loose-leaf sheets used in tariff schedules shall be 8 1/2 inches wide by 11 inches long, punched for three-hole standard binders. Tariff schedules may be printed, typewritten, mimeographed, or reproduced by any other process w…

20:10:13:06. Information required in tariff schedules. Each tariff schedule shall include the following information, as nearly as possible in the order shown: (1) The class of service, such as general or residential; (2) The rate number or other designation; (3) The character or …

20:10:13:07. Cancelled tariff schedules. Each public utility shall maintain its tariff schedules on a current basis. The utility shall retain a file of cancelled tariff schedules in its main business office within the state for a period of seven years. Source: 2 SDR 12, effective…

20:10:13:08. Exception to rules for the construction of tariff schedules. The rules for the construction of tariff schedules, §§ 20:10:13:03 to 20:10:13:06, inclusive, must be complied with by each public utility; however, the commission retains the right to waive any departure f…

20:10:13:09. List of contracts with deviations to be filed -- Form. A utility rendering service to a customer under a contract with deviation, submitted under §§ 20:10:13:02 to 20:10:13:07, inclusive, shall maintain an up-to-date summary list of all such contracts in its tariff s…

20:10:13:10. List of contracts with deviations to be filed within 30 days. Two copies of the list of contracts with deviations shall be filed within 30 days after the establishment of a deviation or of the expiration or cancellation of any currently listed contract deviation. The…

20:10:13:100. Statement P -- Fuel cost adjustment factor. Statement P shall show the derivation of the cost adjustment factor as stated therein if the rate schedule or sales contract embodies a fuel clause or gas adjustment clause. If the fuel clause differs from the one prescrib…

20:10:13:101. Statement Q -- Description of utility operations. Statement Q shall include a description of the utility's area and diversity of operations, including miles of lines and generating stations operated and a breakdown of sales between jurisdictional and nonjurisdiction…

20:10:13:102. Statement R -- Purchases from affiliated companies. If any of the preceding statements cover purchases or other transfers of equipment, fuels or gas, materials, or services from an affiliate that are not regulated for price, the applicant shall submit a detailed exp…

20:10:13:103. Duplication of testimony and required information. To the extent that testimony and exhibits required to be filed pursuant to § 20:10:13:104 duplicate information required to be submitted pursuant to §§ 20:10:13:39 to 20:10:13:102, inclusive, such information need o…

20:10:13:104. Testimony and exhibits. A utility filing for an increase in rates and charges shall be prepared to go forward at a hearing on reasonable notice on the data, testimony, and exhibits which have been submitted and sustain the burden of proof of establishing that its pr…

20:10:13:105. Rejection for noncompliance. If the data submitted in compliance with § 20:10:13:40 do not comply with the requirements of the statute or this chapter, the rate filing is subject to rejection. Source: 2 SDR 90, effective July 7, 1976; 12 SDR 151, 12 SDR 155, effecti…

20:10:13:106. Commission may seek specific cost data. If a rate schedule required to be on file with this commission is not required to be supported by cost of service data as set forth in this chapter, but such data may be needed for commission analysis, each filing public utili…

20:10:13:107. Certain statements required. Despite anything to the contrary in this chapter, the statements required by §§ 20:10:13:43, 20:10:13:98, and 20:10:13:99 shall be filed with the commission whenever the commission requires. Source: 2 SDR 90, effective July 7, 1976; 12 S…

20:10:13:11. Filing of tariff schedule rules. Each tariff schedule rule shall be numbered and shall have a brief title indicative of its contents. The rules shall comply specifically with § 20:10:13:05 and comply generally with this chapter. General rules shall cover the applicat…

20:10:13:12. Sample forms used by public utilities to be filed. Sample copies of printed forms that are normally used in connection with customers' services, such as applications for service, regular bills for service, contract forms, delinquency notices, disconnect notices, depo…

20:10:13:13. Assignment of section numbers. Every tariff schedule filed with the commission shall use the following section number designation: (1) Section one, Table of contents; (2) Section two, Preliminary statement; (3) Section three, Rate schedules; (4) Section four, Summary…

20:10:13:14. Arrangement of rate schedules. When appropriate and feasible, the rate schedules shall be arranged in the following order: (1) Residential; (2) Commercial; (3) Industrial; (4) Public. Source: 2 SDR 12, effective August 19, 1975; 12 SDR 151, 12 SDR 155, effective July…

20:10:13:15. Thirty days notice to commission required for tariff schedule changes. Notice to the commission of a change of rates or other provisions of a tariff schedule shall be given by a utility by delivering to the commission one complete copy of the new tariff schedule or r…

20:10:13:16. Date of commission's receipt governs notice period. No consideration shall be given to or for the time during which a tariff schedule or revision may be held by an express company for charges, or by the post office department because of insufficient postage, or for a…

20:10:13:17. Thirty days notice to public. Notice to the public of a change of rates and charges or of rules shall be given by the utility by posting as prescribed in § 20:10:13:18 or by individual notice as prescribed in § 20:10:13:19. Notice to small qualifying facilities, as d…

20:10:13:18. Utility shall post notice of proposed changes. A notice of a proposed change of rates and charges or rules and regulations shall be exhibited in a conspicuous place in the business offices of the utility in the territory affected for at least 30 days before the date …

20:10:13:19. Utility shall give individual notice of proposed changes. When required by the commission, notice of the proposed rates or rules shall be sent by the utility to each affected customer after the proposed rate is filed with the commission. If the utility does not mail …

20:10:13:20. Application requirements for rate schedules filed on less than 30 days notice. In making application for permission to file changed rate schedules and revised sheets on less than 30 days notice, the utility shall state fully the circumstances and conditions which are…

20:10:13:21. Authority must be noted on tariff for rate schedules filed on less than 30 days notice. When permission is granted to file a tariff or revision on less than 30 days notice, the words "Effective on less than 30 days notice by authority of the Public Utilities Commissi…

20:10:13:22. Compliance with order. Requirements included in orders of the commission granting special permission to issue rate schedules or revisions on less than 30 days notice must be literally complied with. Source: 2 SDR 12, effective August 19, 1975; 12 SDR 151, 12 SDR 155,…

20:10:13:23. Utilities to give public access to tariff schedules. Any agent or representative of a utility in charge of an office or place of business shall give any reasonable information regarding proposed rates and rules and regulations requested by any existing or prospective…

20:10:13:24. Effective date of schedules -- Suspension for investigation. When a new tariff schedule has been issued and proper notice given to the commission and the public, the tariff schedule will become effective on the date stated in the tariff, unless the commission, by ord…

20:10:13:25. Old rates to remain in effect during suspension period. If the commission suspends any proposed rates, charges, or rules contained in a tariff schedule, the previous rates, charges or regulations shall remain in effect during the period of suspension or until lawfull…

20:10:13:26. Report to commission of tariff schedule changes on notice. When a tariff schedule or revision to an existing tariff schedule, covering a change in rates or another tariff schedule provision in effect, is filed on notice as provided by §§ 20:10:13:15 and 20:10:13:16, …

20:10:13:27. Number of copies of report to be filed. The original of the tariff schedule and the original and one copy of the report of tariff schedule change shall be filed with each tariff schedule change. The copy shall be stamped with the filing date and returned to the utili…

20:10:13:28. Symbols. When a change is proposed on a tariff schedule sheet, attention shall be directed to the change by a character along the right-hand margin of the tariff schedule sheet, using the symbols set forth in § 20:10:13:04. Source: 2 SDR 12, effective August 19, 1975…

20:10:13:29. Purchaser of utility must adopt existing rates. When ownership or control of a utility is changed, when a utility or a part of its business is transferred from the operating control of one utility to that of another, or when its name is changed, the utility which wil…

20:10:13:30. Purchasing utility to issue adoption notice. The purchasing utility shall file an adoption notice adopting, ratifying, and making its own all rates, rules, classifications and regulations of the former operating utility on file with the commission, effective at the t…

20:10:13:31. Receivers and trustees must file adoption notice. Adoption notices under § 20:10:13:30 must be filed by receivers and trustees assuming possession and operation of facilities. Source: 2 SDR 12, effective August 19, 1975; transferred to § 20:10:13:30, 12 SDR 151, 12 S…

20:10:13:32. Identifying numbers of adoption notices. All adoption notices shall be filed in consecutive numerical order, beginning with "P.U.C. S.D. Adoption Notice No. 1". Source: 2 SDR 12, effective August 19, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986. General Autho…

20:10:13:33. New utility purchasing a plant must issue new tariff schedule in its own name. Within 10 days after the filing of an adoption notice by a public utility which had no previous tariff schedule on file with the commission, the utility shall issue and file in its own nam…

20:10:13:34. Utility already in business purchasing plant must reissue rates in its own name. Within 10 days after the filing of an adoption notice by a public utility which previously had a tariff schedule on file with the commission, the utility shall issue and file in its own …

20:10:13:35. Notices required when filing tariff schedules in lieu of those of predecessor. When a tariff schedule or revision is issued by a utility which states the rates, rules, and regulations of the predecessor utility without change in any of the provisions, it may be filed…

20:10:13:36. Sale contracts with deviations must be filed. A utility must file one copy of all its contracts with deviations for the sale of public utility service. The provisions of this chapter regulating tariff schedules containing rates and rules and regulations apply to the …

20:10:13:37. Purchase contracts must be filed. A utility shall file with the commission upon request a copy of all contracts under which it purchases a utility commodity for resale. Source: 2 SDR 12, effective August 19, 1975; 12 SDR 151, 12 SDR 155, effective July 1, 1986. Gener…

20:10:13:38. Withdrawal of tariff schedules. Every public utility desiring to withdraw or cancel any tariff schedule or any provision of a tariff schedule which is considered no longer effective or necessary shall file with the commission an informal application setting forth its…

20:10:13:39. Contents of letter of transmittal. The letter of a public utility transmitting a rate schedule or a part of a schedule to the commission for filing to supersede, supplement, or otherwise change the provisions of a rate schedule required to be on file shall: (1) List …

20:10:13:40. Contents of applications for rate increases. Applications for rate increases shall include the cost of service to be supplied and shall include the additional material required in §§ 20:10:13:41 to 20:10:13:107, inclusive. Additional materials may be supplied by the …