South Dakota Administrative Code

Rule 20:10:36:45 Tier 3 interconnection review process. 20:10:36:45. Tier 3 interconnection review process. The applicant shall submit a tier 3 application and appropriate fees to the public utility at its designated address. Application forms are available from the commission. W…

Rule 20:10:36:46 Failure to meet tier 3 criteria -- Minor modifications. 20:10:36:46. Failure to meet tier 3 criteria -- Minor modifications. If the small generator facility fails to meet one or more of the tier 3 screening criteria, but the public utility determines that the sma…

Rule 20:10:36:47 Tier 3 interconnection approval. 20:10:36:47. Tier 3 interconnection approval. The public utility shall approve the tier 3 application if the public utility determines that the application: (1) Passes the tier 3 screening criteria; or (2) Fails one or more of the…

Rule 20:10:36:48 Tier 3 interconnection denial. 20:10:36:48. Tier 3 interconnection denial. If the small generator facility fails to pass the screening criteria or is not approved under a tier 3 review, the public utility shall provide, at the request of the applicant, a written …

Rule 20:10:36:49 Tier 3 interconnection completion. 20:10:36:49. Tier 3 interconnection completion. The tier 3 application process is complete when: (1) All tier 3 screening criteria are satisfied and any minor modifications to the EDS that may have been identified are implemente…

Rule 20:10:36:50 Tier 4 interconnection. 20:10:36:50. Tier 4 interconnection. The public utility shall use the tier 4 interconnection review procedures for an application that does not qualify for tier 1, tier 2, or tier 3 review and for which the small generator facility has an …

Rule 20:10:36:51 Tier 4 interconnection review procedures. 20:10:36:51. Tier 4 interconnection review procedures. The applicant shall submit the appropriate tier 4 application and the application fees to the public utility at its designated address. Application forms are on file …

Rule 20:10:36:52 Tier 4 interconnection scoping meeting. 20:10:36:52. Tier 4 interconnection scoping meeting. The public utility shall schedule a tier 4 scoping meeting to notify the applicant about other higher-queued applications including FERC interconnection applications on t…

Rule 20:10:36:53 Tier 4 interconnection feasibility study. 20:10:36:53. Tier 4 interconnection feasibility study. Upon receipt of the appropriately executed agreement and deposit, the public utility shall commence the tier 4 interconnection feasibility study. The study shall be c…

Rule 20:10:36:54 Tier 4 interconnection system impact study agreement. 20:10:36:54. Tier 4 interconnection system impact study agreement. Within 15 business days of the applicant's receipt of the tier 4 feasibility study results, the public utility shall, if necessary, provide th…

Rule 20:10:36:55 Tier 4 interconnection system impact study. 20:10:36:55. Tier 4 interconnection system impact study. The public utility shall commence the tier 4 interconnection system impact study upon receipt of an executed interconnection system impact study agreement and stu…

Rule 20:10:36:56 Optional tier 4 interconnection system impact study results meeting. 20:10:36:56. Optional tier 4 interconnection system impact study results meeting. The public utility shall contact the applicant to schedule an optional tier 4 interconnection system impact stud…

Rule 20:10:36:57 Tier 4 interconnection facilities study agreement. 20:10:36:57. Tier 4 interconnection facilities study agreement. Within 15 business days from the applicant's receipt of the tier 4 interconnection systems impact study results, the public utility shall provide th…

Rule 20:10:36:58 Tier 4 independent design and cost estimate. 20:10:36:58. Tier 4 independent design and cost estimate. The parties may agree to permit the applicant to separately arrange for a third party to design and estimate the construction costs for the required tier 4 inte…

Rule 20:10:36:59 Tier 4 interconnection approval. 20:10:36:59. Tier 4 interconnection approval. Upon completion of the tier 4 interconnection facilities study and execution of an agreement between the parties detailing progress billing, final billing, payment schedules, and depos…

Rule 20:10:36:60 Tier 4 interconnection denial. 20:10:36:60. Tier 4 interconnection denial. If the tier 4 application is denied, the public utility shall provide a written explanation explaining why the application was denied. Source: 35 SDR 305, effective July 1, 2009. General A…

Rule 20:10:36:61 Tier 4 interconnection completion. 20:10:36:61. Tier 4 interconnection completion. The tier 4 interconnection is considered complete when: (1) All interconnection facilities and system upgrades are completed and operational; (2) The small generator facility insta…

Rule 20:10:36:62 Jurisdictional small generator facilities rated over ten megawatts. 20:10:36:62. Jurisdictional small generator facilities rated over ten megawatts. Jurisdictional small generator facilities rated over ten megawatts shall start with the tier 4 process and modify …

Rule 20:10:36:63 Recordkeeping requirements. 20:10:36:63. Recordkeeping requirements. The public utility shall keep records relating to all applications and small generator facilities for a period of three years. The public utility shall provide the records for commission inspect…

Rule 20:10:36:64 Meeting. 20:10:36:64. Metering. The interconnection customer is responsible for the cost of the purchase, installation, operation, maintenance, testing, repair, and replacement of any special metering and data acquisition equipment considered necessary by the ter…

Rule 20:10:36:65 Monitoring. 20:10:36:65. Monitoring. A small generator facility of less than 25 kilowatts is not required to provide for remote monitoring of its electric output. A small generator facility of 25 kilowatts or more may be required by the public utility to provide …

Rule 20:10:36:66 Temporary disconnection due to emergency conditions. 20:10:36:66. Temporary disconnection due to emergency conditions. The public utility or interconnection customer may temporarily disconnect the small generator facility from the utility's EDS at any time and fo…

Rule 20:10:36:67 Temporary disconnection due to routine maintenance. 20:10:36:67. Temporary disconnection due to routine maintenance. The public utility or interconnection customer may temporarily disconnect the small generator facility from the utility's EDS at any time and for …

Rule 20:10:36:68 Temporary disconnection due to a forced outage of the EDS. 20:10:36:68. Temporary disconnection due to a forced outage of the EDS. The public utility may temporarily disconnect the small generator facility from the utility's EDS at any time and for as long as rea…

Rule 20:10:36:69 Temporary disconnection due to adverse operating conditions. 20:10:36:69. Temporary disconnection due to adverse operating conditions. The public utility may temporarily disconnect the small generator facility from its EDS at any time and for as long as reasonabl…

Rule 20:10:36:70 Temporary disconnection due to unauthorized equipment modifications. 20:10:36:70. Temporary disconnection due to unauthorized equipment modifications. If the interconnection customer makes any change other than minor equipment modifications without prior written …

Rule 20:10:36:71 Termination. 20:10:36:71. Termination. The interconnection customer may terminate the interconnection at any time by giving the public utility 20 business days' written notice. Upon termination of the interconnection, any small generator facility interconnection …

Rule 20:10:36:72 Default. 20:10:36:72. Default. Failure of a party to meet the obligations of this chapter or the interconnection agreement may constitute default. Upon a default, the non-defaulting party shall give written notice of the default to the defaulting party. The defau…

Rule 20:10:36:73 Dispute resolution. 20:10:36:73. Dispute resolution. Before filing a complaint with the commission, the public utility, applicant, or interconnection customer shall first provide the other party and commission staff with a written notice of dispute. The notice of…

20:10:37:01. Definitions. Terms defined in SDCL 49-34B-1 have the same meaning when used in this chapter. In addition, terms used in this chapter mean: (1) "Incident," any of the following events: (a) A release of gas from a gas pipeline facility or of liquefied natural gas or ga…

Rule 20:10:37:02 Scope and application. 20:10:37:02. Scope and application. This chapter sets forth the procedures and standards to be used for pipeline safety inspections, the enforcement of pipeline safety standards, and the imposition of civil penalties on pipeline operators f…

Rule 20:10:37:03 Applicability of procedural rules. 20:10:37:03 Applicability of procedural rules. Except as otherwise provided in this chapter, the commission's procedural rules set forth in chapter 20:10:01 govern proceedings under this chapter. Source: 36 SDR 57, effective Oct…

Rule 20:10:37:04 Inspections. 20:10:37:04. Inspections. An inspector shall conduct periodic inspections and spot checks of records and property in the possession, custody, or control of the pipeline operator to determine compliance with applicable pipeline safety standards. Inspe…

Rule 20:10:37:05 Pipeline operator's obligations. 20:10:37:05. Pipeline operator's obligations. Each pipeline owner, pipeline operator, officer, employee, and representative shall cooperate with the inspector and the commission in the administration and enforcement of this chapte…

Rule 20:10:37:06 Inspector's reporting requirements. 20:10:37:06. Inspector's reporting requirements. Regardless of the inspection type, the inspector shall complete a post inspection report within 90 days upon completion of the inspection itself. The report shall include a summa…

Rule 20:10:37:07 Pipeline operator's receipt of the inspector report. 20:10:37:07. Pipeline operator's receipt of the inspector report. The inspector shall provide a copy of all inspection report materials to the pipeline operator. The report shall be provided to an authorized of…

Rule 20:10:37:08 Probable non-compliance inspection results. 20:10:37:08. Probable non-compliance inspection results. The inspector shall categorize potential noncompliance in one of the following three categories to be specified in the inspection report: (1) A notice of probable…

Rule 20:10:37:09 Pipeline operator's inspection response. 20:10:37:09. Pipeline operator's inspection response. Upon receipt of a written notice of probable violation or warning, the pipeline operator shall respond to the inspector within 30 business days in any one of the follow…

20:10:37:10. Pipeline operator's incident reporting requirements. As soon as reasonably possible, but no later than one hour, following confirmed discovery as found in 49 C.F.R. Part 191 (July 1, 2023), of an incident, the pipeline operator shall notify the commission by phone of…

Rule 20:10:37:11 Inspector's incident investigation. 20:10:37:11. Inspector's incident investigation. Each incident shall be docketed with the commission by an inspector upon initiation of an investigation. An incident investigation shall be conducted by an inspector and may incl…

Rule 20:10:37:12 Post-incident investigation meeting. 20:10:37:12. Post-incident investigation meeting. Upon the conclusion of the inspector's investigation and all laboratory or other tests and discovery and before the inspector's filing of a formal incident report, the inspecto…

Rule 20:10:37:13 Incident report. 20:10:37:13. Incident report. After all the information has been gathered and the investigation is concluded, the inspector shall file an incident report to summarize the investigation and report on findings. The inspector's report shall be filed…

Rule 20:10:37:14 Pipeline operator's obligations upon completion of inspector's incident report. 20:10:37:14. Pipeline operator's obligations upon completion of inspector's incident report. Upon filing of the inspector's incident report with the commission, the pipeline operator …

Rule 20:10:37:15 Pipeline operator's failure to reply. 20:10:37:15. Pipeline operator's failure to reply. A failure to reply to either an inspection report according to § 20:10:37:09 or an incident report according to § 20:10:37:14 shall be considered consent to the report in its…

Rule 20:10:37:16 Request for hearing. 20:10:37:16. Request for hearing. Either the pipeline safety program manager or pipeline operator may, at any time, request a hearing before the commission to resolve any issue within the jurisdiction of the commission. Source: 36 SDR 57, eff…

20:10:37:17. Change of ownership. Each pipeline operator, upon finalization of an agreement to purchase or sell a jurisdictional gas pipeline facility subject to the provisions of 49 C.F.R. Part 192 (July 1, 2023), must, within thirty business days, submit to the commission's pip…

20:10:37:18. Notice requirements for transmission line construction. Each transmission pipeline operator within the jurisdiction of the pipeline safety program shall, prior to the construction of a new transmission line, or a relocation or replacement of a transmission line as de…

20:10:37:19. Annual report. Each pipeline operator shall submit to the commission a copy of either its United States Department of Transportation Form RSPA F 7100.1-1 or Form RSPA F 7100.2-1, or both. A copy of the report shall be submitted by March fifteenth each year for the pr…

Rule 20:10:38:01 Definitions. 20:10:38:01. Definitions. Terms defined in SDCL 49-34A-1 have the same meaning when used in this chapter. In addition, terms used in this chapter mean: (1) "Conserved energy," the reduction of energy or capacity usage achieved through energy efficien…

Rule 20:10:38:02 Applicability of rules. 20:10:38:02. Applicability of rules. The provisions of §§ 20:10:38:03 through 20:10:38:06, inclusive, apply only to retail providers who use conserved energy sources to meet the renewable, recycled, and conserved energy objective establish…