South Dakota Administrative Code

Rule 20:10:22:27 Products to be produced. 20:10:22:27. Products to be produced. The applicant shall describe both in general terms and by technical description the products and by-products to be produced by the proposed facility and their destinations. Source: 5 SDR 1, effective …

Rule 20:10:22:28 Fuel type used. 20:10:22:28. Fuel type used. The applicant shall provide a description of the type of fuel used, including: (1) Primary proposed fuel types; (2) Anticipated yield and range (BTU or appropriate unit); and (3) Approximate chemical analysis of the pr…

Rule 20:10:22:29 Proposed primary and secondary fuel sources and transportation. 20:10:22:29. Proposed primary and secondary fuel sources and transportation. On a map drawn to scale, the applicant shall provide the location of proposed primary and secondary sources of fuel and me…

Rule 20:10:22:30 Alternate energy resources. 20:10:22:30. Alternate energy resources. The applicant shall provide information concerning the alternate energy resources considered in the construction of the energy conversion facility. The applicant shall also discuss the reasons f…

Rule 20:10:22:31 Solid or radioactive waste. 20:10:22:31. Solid or radioactive waste. The applicant shall provide information concerning the generation, treatment, storage, transport, and disposal of solid or radioactive waste generated by the proposed facility and evidence that …

Rule 20:10:22:32 Estimate of expected efficiency. 20:10:22:32. Estimate of expected efficiency. The applicant shall provide an estimate of the expected efficiency of the proposed energy conversion process and discuss the assumptions on which the estimate is based. Source: 5 SDR 1…

Rule 20:10:22:33 Decommissioning. 20:10:22:33. Decommissioning. The applicant shall provide a plan or policy statement on action to be taken at the end of the energy conversion facility's on-line life. Estimates of monetary costs, site condition after decommissioning, and the amo…

20:10:22:33.01. Decommissioning of wind energy facilities and solar energy facilities -- Funding for removal of facilities. The applicant shall provide a plan regarding the action to be taken upon the decommissioning and removal of the wind energy facilities and solar energy faci…

20:10:22:33.02. Information concerning wind energy facilities and solar energy facilities. If a wind energy facility or solar energy facility is proposed, the applicant shall provide the following information: (1) Configuration of the wind turbines, including the distance measure…

Rule 20:10:22:34 Transmission facility layout and construction. 20:10:22:34. Transmission facility layout and construction. If a transmission facility is proposed, the applicant shall submit a policy statement concerning the route clearing, construction and landscaping operations…

Rule 20:10:22:35 Information concerning transmission facilities. 20:10:22:35. Information concerning transmission facilities. If a transmission facility is proposed, the applicant shall provide the following information: (1) Configuration of the towers and poles, including materi…

Rule 20:10:22:36 Additional information in application. 20:10:22:36. Additional information in application. The applicant shall also submit as part of the application any additional information necessary for the local review committees to assess the effects of the proposed facili…

Rule 20:10:22:37 Statement required describing gas or liquid transmission line standards of construction. 20:10:22:37. Statement required describing gas or liquid transmission line standards of construction. The applicant shall submit a statement describing existing pipeline stan…

Rule 20:10:22:38 Gas or liquid transmission line description. 20:10:22:38. Gas or liquid transmission line description. The applicant shall provide the following information describing the proposed gas or liquid transmission line: (1) A flow diagram showing daily design capacity …

Rule 20:10:22:39 Testimony and exhibits. 20:10:22:39. Testimony and exhibits. Upon the filing of an application pursuant to SDCL 49-41B-11, an applicant shall also file all data, exhibits, and related testimony which the applicant intends to submit in support of its application. …

20:10:22:40. Application for party status. A governmental agency or person, as specified in SDCL 49-41B-17 may be granted party status in a proceeding commenced pursuant to SDCL chapter 49-41B upon applying in writing to the commission on a form provided by the commission. Unless…

20:10:22:41. Shapefiles to be provided for transmission line route. At the time an application for a permit for a transmission facility is filed, the applicant shall provide to the commission the shapefiles depicting the proposed route of the facility. The shapefiles must be comp…

Rule 20:10:23:01 Definitions. 20:10:23:01. Definitions. Terms defined in SDCL 49-34A-1 have the same meaning in this chapter. Other terms in this chapter mean: (1) "Institutional advertising," advertising designed to create, enhance, or sustain the utility's image or goodwill to …

Rule 20:10:23:02 Separate categories for each type of advertising required. 20:10:23:02. Separate categories for each type of advertising required. At the time of each rate filing all South Dakota advertising expenses claimed shall be reported to the commission in one of the ten …

Rule 20:10:23:03 Advertising reporting required. 20:10:23:03. Advertising reporting required. Every two months each utility shall submit to the commission one copy of all South Dakota advertising copy, whether claimed or not claimed in a rate case, for electronic and print media.…

Rule 20:10:23:04 Scope of rules. 20:10:23:04. Scope of rules. Categorization of advertising by public utilities does not imply or infer proper categorization. Nothing in these rules shall be determinative for ratemaking purposes. Source: 5 SDR 1, effective July 25, 1978; 12 SDR 1…

Rule 20:10:24:01 Definitions. 20:10:24:01. Definitions. Terms defined in SDCL 49-31-1 have the same meaning in this chapter. In addition, terms used in this chapter and SDCL chapter 49-31 mean: (1) "Access charges," the amount one local exchange telecommunications company charges…

Rule 20:10:24:02 Certificate of authority for interexchange service -- Application requirements. 20:10:24:02. Certificate of authority for interexchange service -- Application requirements. Each telecommunications company required to apply for a certificate of authority with the …

Rule 20:10:24:03 Denial of application for certificate of authority for interexchange service. 20:10:24:03. Denial of application for certificate of authority for interexchange service. If an application filed pursuant to SDCL 49-31-3 for interexchange telecommunications is incom…

Rule 20:10:24:04 Certificate of authority -- Information filed after certification. 20:10:24:04. Certificate of authority -- Information filed after certification. After a telecommunications company has received a certificate of authority from the commission, the company shall su…

Rule 20:10:24:04.01 Sale, assignment, lease, or transfer of certificate of authority. 20:10:24:04.01. Sale, assignment, lease, or transfer of certificate of authority.If requesting a sale, assignment, lease, or transfer of a certificate of authority to provide interexchange servi…

Rule 20:10:24:04.02 Suspension or revocation of certificate of authority. 20:10:24:04.02. Suspension or revocation of certificate of authority. Failure of any provider of interexchange service to comply with applicable requirements set forth in this chapter, other terms and condi…

Rule 20:10:24:04.03 Notice and hearing required for suspension or revocation of certificate of authority. 20:10:24:04.03. Notice and hearing required for suspension or revocation of certificate of authority. No suspension or revocation of a certificate of authority is lawful unle…

Rule 20:10:24:04.04 Procedure for suspension or revocation hearing. 20:10:24:04.04. Procedure for suspension or revocation hearing. Upon the filing of a notice of hearing for suspension or revocation of a certificate of authority, the commission shall issue and serve an order to …

Rule 20:10:24:04.05 Performance bonds. 20:10:24:04.05. Performance bonds. If in the public interest, the commission may require an applicant, as a condition precedent to granting a certificate of authority, to file with the commission a bond or other security for an amount and a …

Rule 20:10:24:05 Alternative operator services. 20:10:24:05. Alternative operator services. Each telecommunications company providing alternative operator services (AOS) must do the following unless the commission grants a waiver to omit a requirement: (1) Apply for a certificate…

Rule 20:10:24:06 Classification -- Application requirements. 20:10:24:06. Classification -- Application requirements. A telecommunications company, other entity, or a person shall initiate a classification proceeding by filing an application with the commission. The application s…

Rule 20:10:24:07 Classification -- Filing the application. 20:10:24:07. Classification -- Filing the application. Upon the filing of an application for a classification proceeding pursuant to § 20:10:24:06, the applicant shall file its direct testimony and copies of exhibits to b…

Rule 20:10:24:08 Classification -- Incomplete application. 20:10:24:08. Classification -- Incomplete application. If an application is not filed in accordance with the provisions of § 20:10:24:06, the commission shall notify the applicant that it is incomplete. The applicant may …

Rule 20:10:24:09 Classification -- Emerging competitive services -- Trial offerings. 20:10:24:09. Classification -- Emerging competitive services -- Trial offerings. The commission may authorize a telecommunications company to offer an emerging competitive service on a limited ba…

Rule 20:10:24:10 Classification -- Variance from application rules. 20:10:24:10. Classification -- Variance from application rules. The commission may permit variance from §§ 20:10:24:06 to 20:10:24:09, inclusive, if not contrary to law, for good cause shown or if it finds compli…

Rule 20:10:24:11 Reclassification -- Contents of complaint. 20:10:24:11. Reclassification -- Contents of complaint. A telecommunications company, other entity, or a person shall initiate a reclassification proceeding by filing a complaint with the commission. The complaint shall …

Rule 20:10:24:12 Reclassification -- Filing of complaint. 20:10:24:12. Reclassification -- Filing of complaint. Upon the filing of a complaint for reclassification of a service pursuant to § 20:10:24:11, the complainant shall file its direct testimony and copies of exhibits to be…

Rule 20:10:24:13 Reclassification -- Incomplete complaint. 20:10:24:13. Reclassification -- Incomplete complaint. If a complaint is not filed in accordance with the provisions of § 20:10:24:11 the commission shall notify the complainant that it is incomplete. The complainant may …

Rule 20:10:24:14 Reclassification -- Variance from rules for filing complaints. 20:10:24:14. Reclassification -- Variance from rules for filing complaints. The commission may permit variance from §§ 20:10:24:11 to 20:10:24:13, inclusive, if not contrary to law, for good cause sho…

Rule 20:10:24:15 Utility investigation fund -- Criteria for determining deposit amount. 20:10:24:15. Utility investigation fund -- Criteria for determining deposit amount. The amount each party shall be assessed for the utility investigation fund for an investigation or hearing i…

Rule 20:10:24:16 Utility investigation fund -- Notice of assessment -- Deadline for payment. 20:10:24:16. Utility investigation fund -- Notice of assessment -- Deadline for payment. The deposit to the utility investigation fund must be paid within 30 days after the billing date. …

Rule 20:10:24:17 Utility investigation fund -- Allocation of share to other parties. 20:10:24:17. Utility investigation fund -- Allocation of share to other parties. The mere filing of a written or oral protest or statement of interest or the voluntary offering of written or oral…

Rule 20:10:24:18 Utility investigation fund -- Objections to deposit amount. 20:10:24:18. Utility investigation fund -- Objections to deposit amount. Within 15 days after the billing date of a deposit, as provided in § 20:10:24:16, the telecommunications company against which the…

Rule 20:10:24:19 Utility investigation fund -- Action taken on unpaid deposit. 20:10:24:19. Utility investigation fund -- Action taken on unpaid deposit. If the amounts assessed against a telecommunications company are not paid within 30 days after the billing date and no objecti…

Rule 20:10:26:01 Definitions. 20:10:26:01. Definitions. Terms used in this chapter mean: (1) "Existing mobile home court and trailer park," a mobile home court or trailer park where construction began before June 13, 1980; (2) "Existing multiple-occupancy building," a multiple-oc…

Rule 20:10:26:02 Beginning of construction. 20:10:26:02. Beginning of construction. For the purposes of this chapter, construction begins when preparation of the site has begun. Source: 18 SDR 26, effective August 7, 1991. General Authority: SDCL 49-1-11, 49-34A-4. Law Implemente…

Rule 20:10:26:03 Individual metering -- When required. 20:10:26:03. Individual metering -- When required. Individual gas metering or electric metering, or both, shall be required under the following circumstances for all gas and electric utilities under the commission's jurisdict…

20:10:26:04. Individual metering -- When not required. Individual meters are not required and no variance need be requested: (1) For residential multiple-occupancy buildings consisting of only two units, of which one unit is occupied by the owner of the building; (2) For hospital…

Rule 20:10:26:05 Information required in variance application. 20:10:26:05. Information required in variance application. The applicant for a master metering variance shall serve on the commission, with a copy to the affected utility company, an application for the variance. The …