South Dakota Administrative Code

Rule 20:10:14:42 Repealed. 20:10:14:42. Rules of evidence.Repealed. Source: 2 SDR 56, effective February 2, 1976; repealed, 12 SDR 85, effective November 24, 1985.

Rule 20:10:15:01 Scope and application. 20:10:15:01. Scope and application. Chapters 20:10:15 to 20:10:20, inclusive, apply to all electric and gas utilities operating in the state of South Dakota which are regulated by the commission as they provide or withhold credit and servic…

Rule 20:10:15:02 Definitions. 20:10:15:02. Definitions. Terms used in chapters 20:10:15 to 20:10:20, inclusive, mean: (1) "Advance payment," any payment made upon application for service which is applied toward the first gas or electric bill; (2) "Applicant," one who is applying …

Rule 20:10:16:01 Public information. 20:10:16:01. Public information. Each utility shall comply with the following: (1) A utility shall post prominently and conspicuously at all utility office locations open to the general public a sign or notice explaining where, when and to who…

Rule 20:10:16:02 Customer information. 20:10:16:02. Customer information. The utility shall publish customer information which shall be provided to a customer upon request at no charge. The customer information shall be submitted to the commission for approval. A list of the avai…

Rule 20:10:16:03 Emergency information. 20:10:16:03. Emergency information. Each utility, for every area which it serves, shall provide in the area telephone directories a telephone number through which the utility can be notified at any time of any utility service problem or eme…

Rule 20:10:16:04 Retention and location of records. 20:10:16:04. Retention and location of records. All records required by chapters 20:10:15 to 20:10:20, inclusive, shall be kept at the primary places of business of the utility and shall be open for examination by the commission…

Rule 20:10:17:01 Billing basis. 20:10:17:01. Billing basis. Bills for service shall be based on meter readings, estimated usage or a planned combination of meter readings and estimated usage and computed in accordance with applicable rate schedules on file with the commission. If…

Rule 20:10:17:02 Meter readings. 20:10:17:02. Meter readings. The utility shall schedule readings of all meters used for determining charges for customers and shall make an effort to read the meters on corresponding dates of each meter reading period. The utility may permit the c…

Rule 20:10:17:03 Information on bills. 20:10:17:03. Information on bills. Bills provided to customers for electric and gas service shall include the following information: (1) The meter reading and the date the meter was read; (2) The number and kinds of units metered; (3) Identi…

Rule 20:10:17:04 Customer payment records. 20:10:17:04. Customer payment records. The utility shall retain a record showing the data contained on each monthly bill. Source: 3 SDR 2, effective July 19, 1976; 12 SDR 86, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective…

Rule 20:10:17:05 Meter test by customer request. 20:10:17:05. Meter test by customer request. Any customer may request the utility to test the customer's electric or gas meter. The utility shall make the test as soon as possible after receipt of the request. If a request is made …

Rule 20:10:17:06 Adjustments of bills for slow or fast meter error -- Electric. 20:10:17:06. Adjustments of bills for slow or fast meter error -- Electric. If a meter tested by the commission or the utility is found to have an average error of two percent fast or more, the utilit…

Rule 20:10:17:07 Adjustments of bills for slow or fast meter error -- Gas. 20:10:17:07. Adjustments of bills for slow or fast meter error -- Gas. If a meter tested by the commission or the utility is found to have an error of two percent fast or more, the utility shall refund to …

Rule 20:10:17:08 Adjustments to bills for meter failing to register. 20:10:17:08. Adjustments to bills for meter failing to register. If a meter is found not to register or to register intermittently for any period, the utility may charge for an estimated amount of electricity or…

Rule 20:10:17:09 Adjustments to bills for other meter errors. 20:10:17:09. Adjustments to bills for other meter errors. If a customer has been overcharged or undercharged as a result of an incorrect reading of the meter, incorrect application of the rate schedule, incorrect conne…

Rule 20:10:17:09.01 Timeframe for overcharge or undercharge payments. 20:10:17:09.01. Timeframe for overcharge or undercharge payments. If a utility has overcharged a customer as defined in §§ 20:10:17:06, 20:10:17:07, 20:10:17:08, or 20:10:17:09, the utility shall refund the ove…

Rule 20:10:17:09.02 Creation of regulatory asset for uncollected amounts. 20:10:17:09.02. Creation of regulatory asset for uncollected amounts. A utility may create a regulatory asset for amounts not otherwise recovered from a residential customer for meter errors Source: 38 SDR …

Rule 20:10:17:10 Equal monthly billing. 20:10:17:10. Equal monthly billing. A utility may bill its customers, at their request, in accordance with equal monthly billing programs. The bills shall show the difference between the total amount actually owed under normal billing and t…

Rule 20:10:17:11 Estimated billing. 20:10:17:11. Estimated billing. When access to a meter cannot be gained and the customer fails to supply a meter reading form in time for the billing operation, an estimated bill may be rendered. When necessary, the utility may render estimated…

Rule 20:10:17:12 Disputes. 20:10:17:12. Disputes. If there is a dispute between a customer and a utility regarding any bill, charge, or service, the utility may require the customer to pay the undisputed portion of the bill to avoid disconnection of service for nonpayment. The ut…

Rule 20:10:17:13 Complaints. 20:10:17:13. Complaints. Each utility shall make a full and prompt investigation of all complaints received. For all written complaints or any other complaints which are unresolved, the utility shall prepare a written record showing the name and addre…

Rule 20:10:18:01 Temporary service. 20:10:18:01. Temporary service. When a utility provides temporary service to a customer, it may require the customer to bear the cost of installing and removing the service which is in excess of any salvage realized. The utility may require the…

Rule 20:10:18:02 Change in location of service. 20:10:18:02. Change in location of service. If a change in the location of a utility service to a customer is required for the convenience or benefit of the utility, the utility shall pay the cost of relocating the service. If a cha…

Rule 20:10:18:03 Interruptions of service. 20:10:18:03. Interruptions of service. Each utility shall keep a record of any interruption of service affecting its whole system or a portion thereof, including a statement of the time, duration and cause of the interruption. Each utili…

Rule 20:10:19:01 Nondiscriminatory credit policy required. 20:10:19:01. Nondiscriminatory credit policy required. Each utility in the state shall fairly, and without discrimination, administer a credit policy which is easily understandable and which extends gas and electric servi…

Rule 20:10:19:02 Establishment or reestablishment of satisfactory credit for residential service. 20:10:19:02. Establishment or reestablishment of satisfactory credit for residential service. To establish or reestablish satisfactory credit for residential service, a utility may r…

Rule 20:10:19:02.01 Establishment or reestablishment of satisfactory credit for nonresidential service. 20:10:19:02.01. Establishment or reestablishment of satisfactory credit for nonresidential service. To establish or reestablish satisfactory credit for nonresidential service, …

Rule 20:10:19:03 Means of establishing credit. 20:10:19:03. Means of establishing credit. A utility shall determine the credit standing of an applicant for service by referring to information about the applicant's prior residential energy usage and bill payment experience if the …

Rule 20:10:19:04 Types of credit explained. 20:10:19:04. Types of credit explained. Following are the categories of credit, their definitions, and the deposits which may be required: (1) "Satisfactory credit," within the last year of service the customer has not had service disco…

Rule 20:10:19:05 Early payments list. 20:10:19:05. Early payments list. The requirement of an early payment of bills may be applied in lieu of a deposit. For early payment, early disconnection shall be proper when a customer fails to pay a bill within a minimum of five working da…

Rule 20:10:19:06 Guarantee of payment. 20:10:19:06. Guarantee of payment. The utility may accept, in lieu of a deposit, a contract signed by a guarantor which is satisfactory to the utility whereby payment of a specified sum not exceeding the deposit requirement is guaranteed. Th…

Rule 20:10:19:07 Deposit receipt. 20:10:19:07. Deposit receipt. Upon receiving a deposit, the utility shall issue a receipt of deposit to the customer. Source: 3 SDR 2, effective July 19, 1976; 12 SDR 86, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986…

Rule 20:10:19:08 Interest on deposits to be paid by utility. 20:10:19:08. Interest on deposits to be paid by utility. Each utility shall pay interest of seven percent simple interest per annum on deposits. Any change in the rate set by this section shall affect only those deposit…

Rule 20:10:19:09 Refund of deposits upon disconnection. 20:10:19:09. Refund of deposits upon disconnection. After disconnection of service and receipt of the final payment, the utility shall promptly and automatically refund the customer's deposit plus accrued interest, or the ba…

Rule 20:10:19:10 Transfer of service. 20:10:19:10. Transfer of service. A transfer of service from one premise to another within a utility's service area is not a disconnection within the meaning of this chapter and shall not necessitate the payment of a second deposit unless an …

Rule 20:10:19:11 Refund during service. 20:10:19:11. Refund during service. If a customer has paid the bills for service for twelve consecutive months without having service disconnected for nonpayment and without receiving three or more disconnection notices, the utility shall p…

Rule 20:10:19:12 Record of deposit. 20:10:19:12. Record of deposit. Each utility holding a deposit shall keep a record of the deposit until the deposit is refunded. The record shall show: (1) The name and current address of each depositor; (2) The amount and date of deposit; (3) …

Rule 20:10:20:01 Reasons for refusal -- Use. 20:10:20:01. Reasons for refusal -- Use. Utility service may be refused for one or more of the following reasons: (1) An applicant is indebted to the same utility for past bills incurred and refuses to liquidate the debt for the same c…

Rule 20:10:20:02 Insufficient reasons for refusal. 20:10:20:02. Insufficient reasons for refusal. A utility may not refuse service for the following reasons: (1) To an applicant who will not liquidate a debt to another utility, a debt for another class of service, or a debt for o…

Rule 20:10:20:03 Nonpayment of past due bills as reason for disconnection. 20:10:20:03. Nonpayment of past due bills as reason for disconnection. Following is a list of conditions, all of which must be satisfied before a customer may be disconnected for nonpayment of a bill: (1) …

Rule 20:10:20:04 Other reasons for disconnection. 20:10:20:04. Other reasons for disconnection. A utility may disconnect a customer after reasonable notice for any one of the following: (1) Violation of subdivision 20:10:20:01(3) or 20:10:20:01(5); (2) Failure to comply with an a…

Rule 20:10:20:05 The notice of disconnection. 20:10:20:05. The notice of disconnection. The notice of disconnection sent to the customer shall contain a specific explanation of the following: (1) The particular ground upon which the proposed disconnection is based; (2) The utilit…

Rule 20:10:20:06 The disconnecting act. 20:10:20:06. The disconnecting act. Service shall not be disconnected on any Friday, Saturday, Sunday, legal holiday, or at any time when the utility's business offices are not open to the public. Source: 3 SDR 2, effective July 19, 1976; 1…

Rule 20:10:20:07 Last minute payments. 20:10:20:07. Last minute payments. The customer has the right to pay any delinquent bill at any time prior to disconnection in order to preserve uninterrupted service. If the utility representative who enters the customer's premises to disco…

Rule 20:10:20:08 Insufficient reasons for disconnection. 20:10:20:08. Insufficient reasons for disconnection. A utility shall not disconnect service to any customer solely upon any of the following grounds: (1) The customer's failure to pay for merchandise or special services pur…

Rule 20:10:20:09 Landlord and tenant rule. 20:10:20:09. Landlord and tenant rule. If service is provided at an address different from the mailing address of the bill or if the utility has reason to know that a landlord and tenant relationship exists and the landlord, as a custome…

Rule 20:10:20:10 Residential winter disconnection. 20:10:20:10. Residential winter disconnection. Notwithstanding the provisions of §§ 20:10:20:03 and 20:10:20:04, a utility may not disconnect residential service from November 1 to March 31 without adding to the time periods of s…

Rule 20:10:20:11 Residential medical emergency. 20:10:20:11. Residential medical emergency. Notwithstanding the provisions of §§ 20:10:20:03 and 20:10:20:04, a utility shall postpone the disconnection of utility service to a residential customer for 30 days from the date of a phy…

Rule 20:10:21:01 Terms. 20:10:21:01. Terms. Terms defined in SDCL 49-41B-2 or 49-41B-37 have the same meaning in this chapter. Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986. General Authority:SDCL 49-41B-35. Law Implemented:SDCL 49-4…