South Dakota Administrative Code

Rule 20:10:21:02 Ten-year plans. 20:10:21:02. Ten-year plans. As appropriate, each electric utility shall biennially develop a 10-year plan. 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 Impleme…

Rule 20:10:21:03 Contents of plans. 20:10:21:03. Contents of plans. A 10-year plan shall contain, as appropriate to the filing utility, information in the sequence provided in §§ 20:10:21:04 to 20:10:21:18, inclusive, as well as the information required by SDCL 49-41B-3. Source: …

20:10:21:04. Existing energy conversion facilities. For existing energy conversion facilities, that are owned or operated by the utility to serve South Dakota load, the utility shall provide information as follows: (1) Location; (2) Type and nameplate capacity; (3) Net capacity a…

Rule 20:10:21:05 Proposed energy conversion facilities. 20:10:21:05. Proposed energy conversion facilities. For proposed energy conversion facilities for the ensuing 10 calendar years the utility shall provide information as it becomes available as follows: (1) General location a…

Rule 20:10:21:06 Existing transmission facilities. 20:10:21:06. Existing transmission facilities. For existing transmission facilities, which are facilities through which electricity is being transmitted, the utility shall provide information as follows: (1) Location; (2) Type an…

Rule 20:10:21:07 Proposed transmission facilities. 20:10:21:07. Proposed transmission facilities. For proposed transmission facilities for the ensuing 10 calendar years, the utility shall provide information as follows: (1) General anticipated location and reasons for the selecti…

Rule 20:10:21:08 Coordination of plans. 20:10:21:08. Coordination of plans. The utility shall provide a statement describing how the utility's plan or plans coordinate with those of other utilities serving the region. Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 S…

Rule 20:10:21:09 Single regional plans. 20:10:21:09. Single regional plans. The utility shall state whether the proposed facilities comprise all or part of a single regional plan. Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986. Genera…

Rule 20:10:21:10 Submission of regional plan. 20:10:21:10. Submission of regional plan. If proposed facilities comprise all or part of a regional plan, the utility shall submit the plan. Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.…

Rule 20:10:21:11 Utility relationships. 20:10:21:11. Utility relationships. The utility shall describe any relationship of the utility to other utilities and regional associations, power pools, and networks. Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, ef…

Rule 20:10:21:12 Efforts to minimize adverse effects. 20:10:21:12. Efforts to minimize adverse effects. The utility shall provide a detailed statement describing methodology used and efforts of the utility to identify, minimize, or avoid adverse environmental, social, economic, h…

Rule 20:10:21:13 Efforts relating to load management. 20:10:21:13. Efforts relating to load management. The utility shall provide a statement describing its efforts toward efficient load management. Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective J…

Rule 20:10:21:14 List of reports. 20:10:21:14. List of reports. The utility shall provide a list of all reports or studies filed or proposed to be filed with federal or other state agencies relating to the proposed facilities. Source: 4 SDR 7, effective November 13, 1977; 12 SDR …

Rule 20:10:21:15 Changes in status of facilities. 20:10:21:15. Changes in status of facilities. The utility shall provide a list of changes in status of the utility's facilities during the past two years or since submission of its last previous 10-year plan. Source: 4 SDR 7, effe…

Rule 20:10:21:16 Projected electric demand. 20:10:21:16. Projected electric demand. The utility shall provide a statement of the projected demand, both in-state and out-of-state, for the electric service to be rendered by the utility for each of the ensuing ten years. Source: 4 S…

Rule 20:10:21:17 Changes in electric energy. 20:10:21:17. Changes in electric energy. The utility shall present a table showing the increase or decrease of projected electric energy demand and allocation by volume and percentage for each year relative to the prior year. Source: 4…

Rule 20:10:21:18 Map of service area. 20:10:21:18. Map of service area. The utility shall include a map or maps indicating the specific geographic location of the utility's service area or areas. Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July…

Rule 20:10:21:19 Individual utility plans. 20:10:21:19. Individual utility plans. A plan required by the Act shall be submitted by each individual utility and may include appropriate portions of a regional plan or of joint proposals of two or more utilities. Source: 4 SDR 7, effe…

Rule 20:10:21:20 Biennial filing. 20:10:21:20. Biennial filing. The 10-year plans shall be filed biennially with the commission by July 1 of each even-numbered year. The 10-year plan shall apply to the 10-year period beginning January 1 of the year in which it is filed. Source: 4…

Rule 20:10:21:21 Subsequent plans. 20:10:21:21. Subsequent plans. After the first 10-year plan has been filed, subsequent biennial plans may refer to and incorporate relevant portions of any prior plan, with additions, deletions, and modifications. Changes in subsequent plans sha…

20:10:21:22. Places of filing. The plan shall be electronically filed with the commission. A copy of each plan shall also be filed by the utility with the county auditor of each county designated by the commission within 15 days after the commission has made the designation. Sour…

Rule 20:10:21:23 Notice of filing. 20:10:21:23. Notice of filing. Public notice of a plan filing shall be provided to the following state agencies and officers and, within 10 days of designation, to any other governmental agencies or bodies designated by commission order: (1) Aer…

Rule 20:10:21:24 Copy on request. 20:10:21:24. Copy on request. The utility shall provide a copy of a plan, upon written request and without cost, to any agency or officer named in § 20:10:21:23 or designated by the commission under the provisions of that section. Source: 4 SDR 7…

Rule 20:10:21:25 Form for plans. 20:10:21:25. Form for plans. Plans submitted under this chapter shall present the information in the sequence provided in this chapter and shall be typed or printed on 8 1/2 by 11 inch paper. Maps submitted shall be folded to 8 1/2 by 11 inches, w…

20:10:22:01. Definitions. Terms defined in SDCL 49-41B-2 have the same meaning in this chapter. Other terms in this chapter mean: (1) "Affected area," that area which may be affected environmentally, socially, or economically by the location of a facility at a proposed site; (2) …

Rule 20:10:22:02 Content of notification of intent. 20:10:22:02. Content of notification of intent. The notification of intent shall contain the following: (1) A description of the size and type of proposed facility; (2) An estimate of the total cost of construction of the propos…

Rule 20:10:22:03 Prefiling conference. 20:10:22:03. Prefiling conference. When a prefiling conference is held, the commission shall dispose of matters raised within 45 days after the conference. Source: 5 SDR 1, effective July 25, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1…

Rule 20:10:22:04 General format of application for permit. 20:10:22:04. General format of application for permit. The applicant shall file its application for a permit under SDCL 49-41B-11 in the following format: (1) The applicant shall file ten copies of its application with th…

20:10:22:05. Application contents. An application for a permit for a facility must contain the applicable information specified in §§ 20:10:22:06 to 20:10:22:25, inclusive, 20:10:22:36, and 20:10:22:39. If the application is for a permit for an energy conversion facility, it must…

Rule 20:10:22:06 Names of participants required. 20:10:22:06. Names of participants required. The application shall contain the name, address, and telephone number of all persons participating in the proposed facility at the time of filing, as well as the names of any individuals…

Rule 20:10:22:07 Name of owner and manager. 20:10:22:07. Name of owner and manager. The application shall contain a complete description of the current and proposed rights of ownership of the proposed facility. It shall also contain the name of the project manager of the proposed…

Rule 20:10:22:08 Purpose of facility. 20:10:22:08. Purpose of facility. The applicant shall describe the purpose of the proposed facility. Source: 5 SDR 1, effective July 25, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986. General Authority:SDCL 49-41B-35. Law Implemented:S…

Rule 20:10:22:09 Estimated cost of facility. 20:10:22:09. Estimated cost of facility. The applicant shall describe the estimated construction cost of the proposed facility. Source: 5 SDR 1, effective July 25, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986. General Authority…

Rule 20:10:22:10 Demand for facility. 20:10:22:10. Demand for facility. The applicant shall provide a description of present and estimated consumer demand and estimated future energy needs of those customers to be directly served by the proposed facility. The applicant shall also…

Rule 20:10:22:11 General site description. 20:10:22:11. General site description. The application shall contain a general site description of the proposed facility including a description of the specific site and its location with respect to state, county, and other political sub…

Rule 20:10:22:12 Alternative sites. 20:10:22:12. Alternative sites. The applicant shall present information related to its selection of the proposed site for the facility, including the following: (1) The general criteria used to select alternative sites, how these criteria were …

Rule 20:10:22:13 Environmental information. 20:10:22:13. Environmental information. The applicant shall provide a description of the existing environment at the time of the submission of the application, estimates of changes in the existing environment which are anticipated to re…

Rule 20:10:22:14 Effect on physical environment. 20:10:22:14. Effect on physical environment. The applicant shall provide information describing the effect of the proposed facility on the physical environment. The information shall include: (1) A written description of the region…

Rule 20:10:22:15 Hydrology. 20:10:22:15. Hydrology. The applicant shall provide information concerning the hydrology in the area of the proposed plant, wind energy, or transmission site and the effect of the proposed site on surface and groundwater. The information shall include:…

Rule 20:10:22:16 Effect on terrestrial ecosystems. 20:10:22:16. Effect on terrestrial ecosystems. The applicant shall provide information on the effect of the proposed facility on the terrestrial ecosystems, including existing information resulting from biological surveys conduct…

Rule 20:10:22:17 Effect on aquatic ecosystems. 20:10:22:17. Effect of aquatic ecosystems. The applicant shall provide information of the effect of the proposed facility on aquatic ecosystems, and including existing information resulting from biological surveys conducted to identi…

Rule 20:10:22:18 Land use. 20:10:22:18. Land use. The applicant shall provide the following information concerning present and anticipated use or condition of the land: (1) A map or maps drawn to scale of the plant, wind energy, or transmission site identifying existing land use …

Rule 20:10:22:19 Local land use controls. 20:10:22:19. Local land use controls. The applicant shall provide a general description of local land use controls and the manner in which the proposed facility will comply with the local land use zoning or building rules, regulations or …

Rule 20:10:22:20 Water quality. 20:10:22:20. Water quality. The applicant shall provide evidence that the proposed facility will comply with all water quality standards and regulations of any federal or state agency having jurisdiction and any variances permitted. Source: 5 SDR 1…

Rule 20:10:22:21 Air quality. 20:10:22:21. Air quality. The applicant shall provide evidence that the proposed facility will comply with all air quality standards and regulations of any federal or state agency having jurisdiction and any variances permitted. Source: 5 SDR 1, effe…

Rule 20:10:22:22 Time schedule. 20:10:22:22. Time schedule. The applicant shall provide estimated time schedules for accomplishment of major events in the commencement and duration of construction of the proposed facility. Source: 5 SDR 1, effective July 25, 1978; 12 SDR 151, 12 …

Rule 20:10:22:23 Community impact. 20:10:22:23. Community impact. The applicant shall include an identification and analysis of the effects the construction, operation, and maintenance of the proposed facility will have on the anticipated affected area including the following: (1…