Title 49 — PUBLIC UTILITIES AND CARRIERS

The commission shall supervise the business of grain buyers in this state and administer the laws in relation thereto. The commission may promulgate rules, pursuant to chapter 1-26 , concerning: (1) The form of a grain buyer's bond and application and the information required to …

An application for a grain buyer license shall be filed with the commission and shall be in a form prescribed by the commission. The application shall set forth the name of each owner or principal in the management of the business and shall contain financial information depicting…

An applicant may apply for a Class A grain buyer's license or a Class B grain buyer's license. No grain buyer with a Class B grain buyer's license may purchase grain in excess of five million dollars for the annual licensed year or enter into voluntary credit sale contracts. The …

The application for a grain buyer license shall be accompanied by a fee of two hundred seventy-five dollars for each municipality or location at which the grain buyer receives grain. If the grain buyer making application for a license also holds a license to operate a public grai…

Before any grain buyer license is issued by the commission, the applicant must file with the commission a bond conditioned to secure the faithful performance of the applicant's obligations as a grain buyer and the applicant's full and unreserved compliance with the laws of this s…

If the commission determines, because a corporate surety company becomes insolvent or ceases to write grain buyer bonds in this state, that a bond in the sum required by § 49-45-9 cannot be executed, or if a grain buyer is in the process of chapter 11 reorganization and a bond ca…

Terms used in this chapter mean: (1) "Covered utility," in any calendar year a public utility which during the second preceding calendar year, had either sales of natural gas, for purposes other than resale, which exceeded ten billion cubic feet, or sales of electric energy, for …

The office may promulgate, monitor and enforce rules pursuant to chapter 1-26 for the development and implementation of a residential conservation service program in furtherance of the National Energy Conservation Policy Act, 42 USC 8201, et seq. The office shall submit to the Un…

All covered utilities shall offer a residential energy audit to each of its eligible customers pursuant to the state plan. All covered utilities shall comply in good faith with all the provisions of the state plan. If a covered utility violates the state plan, it shall pay for al…

Any covered utility that violates any mandatory provision of the state plan promulgated under this chapter is subject to a civil fine not to exceed five hundred dollars per day for each day that the covered utility is in violation. Upon the request of the office, the attorney gen…

No covered utility that arranges for a lender to make a loan to, or an installer to perform work for an eligible customer is liable in any cause of action between such customer and such lender or installer, unless the utility is the lender or installer. No covered utility is liab…

The office shall compile and update periodically a master record of suppliers, installers, and lenders who agree to participate in and meet the requirements of the program. The office shall follow the provisions in the state plan with regard to removal procedures from the master …

Terms used in this chapter mean: (1) "Adequate remediation," corrective action by an electric utility that results in, and is reasonably likely to sustain, a reduction of stray current or voltage attributable to the electric utility's distribution system of fifty percent or less …

Within twelve months of July 1, 2015, the commission shall promulgate rules, pursuant to chapter 1-26 , concerning: (1) Acceptable standards for measurements of stray voltage; (2) Procedures and requirements for testing used to measure stray voltage; (3) Responsibilities of dairy…

Any dairy producer in this state who claims that the producer's dairy cows are being affected by any form or type of electrical energy allegedly attributable to an electric utility including, without limitation, stray current or voltage, shall, as a condition precedent to commenc…

A dairy producer or utility may file a complaint with the commission claiming that there has been a failure to comply with this chapter. The commission has exclusive, initial jurisdiction to determine: (1) Whether the dairy producer has provided the requisite notice to the electr…

If, after hearing, the commission determines that a dairy producer made or pursued a claim in bad faith or for purposes of harassment of the utility, the commission shall require the dairy producer to pay the utility's actual costs of investigation. If, after hearing, the commiss…

No civil action may be commenced by a dairy producer against an electric utility seeking damages or other relief allegedly due to injury caused by stray current or voltage unless the dairy producer has complied with the provisions of § 49-47-3 , and the commission has issued an o…

In any civil action against an electric utility for damages pursuant to this chapter, a dairy producer is limited to those damages which were incurred by the dairy producer during that period of time commencing twelve months prior to the dairy producer's provision of notice to th…

Any claim against an electric utility for damages due to stray current or voltage is limited to a claim of negligence, including in the case of a prior determination of the commission pursuant to § 49-47-4 or 49-47-5 , negligence per se. In determining whether the utility was neg…