ARSD 20:10

PUBLIC UTILITIES COMMISSION
Chapter
20:10:01 General rules of practice.
20:10:02 General motor carrier rules, Repealed.
20:10:03 Regulated motor carriers, Repealed.
20:10:04 Exempt motor carriers, Repealed.
20:10:05 General telecommunications company rules.
20:10:06 Telecommunications records.
20:10:07 Telecommunications subscriber billing rules.
20:10:08 Telecommunications credit.
20:10:09 Refusal of telecommunications service.
20:10:10 Disconnection of telecommunications service.
20:10:11 Public grain warehouses.
20:10:12 Grain buyers.
20:10:13 Public utilities rate filing rules.
20:10:14 Procedure rules for public utilities, Repealed or transferred.
20:10:15 General gas and electric rules.
20:10:16 Gas and electric utility records and public information rules.
20:10:17 Gas and electric customer billing rules.
20:10:18 Gas and electric service rules.
20:10:19 Establishment of gas and electric credit.
20:10:20 Refusal and disconnection of gas and electric service.
20:10:21 Energy facility plans.
20:10:22 Energy facility siting rules.
20:10:23 Gas and electric advertising rules.
20:10:24 Interexchange carrier and classification rules. 20:10:25 Telecommunications facility construction notice rules, Repealed.
20:10:26 Master metering variance rules.
20:10:27 Telecommunications switched access filing rules.
20:10:28 Telecommunications separations procedures.
20:10:29 Telecommunications switched access charges.
20:10:30 Assignment of N11 dialing codes, Repealed.
20:10:31 Assessment of fees for intrastate gas pipeline operators.
20:10:32 Local exchange service competition.
20:10:33 Service standards for telecommunications companies.
20:10:34 Prohibition against unauthorized changing of telecommunications company
and charging for unauthorized services.
20:10:35 Telecommunications services.
20:10:36 Small generator facility interconnection.
20:10:37 Pipeline safety rules.
20:10:38 Renewable energy credits and renewable, recycled, and conserved energy.
20:10:39 Stray electrical current and voltage remediation rules.

CHAPTER 20:10:01
GENERAL RULES OF PRACTICE
Section
20:10:01:01 Sessions of commission.
20:10:01:01.01 Definitions.
20:10:01:01.02 Use of rules of civil procedure.
20:10:01:02 Appearances.
20:10:01:02.01 Communications with commissioners.
20:10:01:02.02 Filing documents with the commission.
20:10:01:02.03 Contents and filing of pleadings.
20:10:01:02.04 Withdrawal and dismissal of pleading prior to final order.
20:10:01:02.05 Filing of documents.
20:10:01:03 Repealed.
20:10:01:04 Repealed.
20:10:01:05 Repealed.
20:10:01:06 Repealed.
20:10:01:07 Repealed.
20:10:01:07.01 Contents of consumer complaint.
20:10:01:08 Repealed.
20:10:01:08.01 Commission action on consumer complaints.
20:10:01:08.02 Complaints not in conformity.
20:10:01:09 Service of a consumer complaint -- Service of other complaints.
20:10:01:09.01 Service of documents by the commission.
20:10:01:10 Actions which satisfy complaint, Repealed.
20:10:01:11 Repealed.
20:10:01:11.01 Defenses to complaint. 20:10:01:12 Applications for new rates, Repealed.
20:10:01:13 Repealed.
20:10:01:14 Adjournment and extensions.
20:10:01:15 Opportunity for hearing.
20:10:01:15.01 Burden in contested case proceeding.
20:10:01:15.02 Intervention.
20:10:01:15.03 Contents of petition to intervene.
20:10:01:15.04 Answer to petition to intervene.
20:10:01:15.05 Commission action on petition to intervene.
20:10:01:15.06 Individual's right to appear.
20:10:01:16 Amendments.
20:10:01:16.01 Response to amended pleadings.
20:10:01:17 Subpoenas.
20:10:01:17.01 Commission action on subpoena request.
20:10:01:17.02 Service of subpoena.
20:10:01:18 Repealed.
20:10:01:19 Stipulation.
20:10:01:20 Repealed.
20:10:01:21 Repealed.
20:10:01:22 Repealed.
20:10:01:22.01 Discovery -- Order to compel.
20:10:01:22.02 Notice of hearing.
20:10:01:22.03 Manner of service.
20:10:01:22.04 Change in time and place of hearing, Repealed.
20:10:01:22.05 Hearing -- Opening statement.
20:10:01:22.06 Written testimony.
20:10:01:22.07 Exhibits at hearing. 20:10:01:23 Documentary evidence, Repealed.
20:10:01:24 Procedure for filing documentary evidence.
20:10:01:24.01 Technical matter must be in exhibits.
20:10:01:24.02 Receipt of evidence, Repealed.
20:10:01:24.03 Documentary exhibits furnished after close of hearing.
20:10:01:25 Briefs, Repealed.
20:10:01:26 Repealed.
20:10:01:27 Repealed.
20:10:01:27.01 Reopening of the record.
20:10:01:28 Compliance with orders.
20:10:01:29 Rehearing or reconsideration.
20:10:01:30 Repealed.
20:10:01:30.01 Application for rehearing or reconsideration.
20:10:01:30.02 Answer to application for rehearing or reconsideration.
20:10:01:31 Repealed.
20:10:01:32 Information provided by commission.
20:10:01:33 Repealed.
20:10:01:34 Petition for declaratory ruling.
20:10:01:35 Commission action on petition.
20:10:01:36 Superseded.
20:10:01:37 Superseded.
20:10:01:38 Repealed.
20:10:01:39 Confidential information defined.
20:10:01:40 Confidential treatment of information.
20:10:01:41 Requests for confidential treatment of information by a submitting party.
20:10:01:41.01 Requests for confidential treatment of information by a non-submitting
party. 20:10:01:42 Requirements for proving confidentiality.
20:10:01:43 Requests for access to confidential information.
20:10:01:44 Use of confidential information in commission orders.
20:10:01:45 Order to show cause -- Service, notice, contents.

20:10:01:08.01. Commission action on consumer complaints. Upon the filing of a
consumer complaint When a consumer contacts the commission to make a consumer
complaint, the commission shall may attempt to settle the complaint without formal
action. If the consumer complaint cannot be properly disposed of informally or if the
consumer chooses to file a formal complaint, the commission shall proceed in
accordance with the provisions of § 20:10:01:09.

Source: 2 SDR 56, effective February 2, 1976; transferred from § 20:10:14:12, 12 SDR
85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 33 SDR
107, effective December 26, 2006.
General Authority: SDCL 49-1-11(2),(4), 49-34A-6.
Law Implemented: SDCL 49-1-11(2),(4), 49-34A-6.
20:10:01:10. Actions which satisfy complaint. The respondent shall, within the time
specified by § 20:10:01:09, satisfy the complaint by making reparation for the injury alleged
to have been done, correcting the wrong complained of, or answering the complaint by
filing the answer with the commission and serving a copy on each complainant. If a
respondent satisfies a complaint before or after answering, a written acknowledgment
showing the character and extent of the satisfaction must be filed by the complainant, and
a statement of the facts and manner of satisfaction may be filed as an answer. Upon
approval of the commission, the complaint shall be dismissed Repealed.

Source: SL 1975, ch 16, § 1; 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12
SDR 155, effective July 1, 1986; 25 SDR 89, effective December 27, 1998; 33 SDR 107,
effective December 26, 2006.
General Authority: SDCL 49-1-11(2),(4), 49-34A-4(6).
Law Implemented: SDCL 49-1-11(2),(4), 49-13-1, 49-13-3, 49-34A-4(6).
20:10:01:22.04. Change in time and place of hearing. Changes in the time and place
of the first session of the hearing in any proceeding shall be granted only for good cause
shown. Notices of changes in time and place, if granted, shall be made to all parties to the
proceeding and to persons who have appeared or who have petitions to intervene pending
before the commission. The commission, upon its own motion and adequate notice to the
parties, may change the time and place of any session Repealed.
Source: 2 SDR 56, effective February 2, 1976; transferred from § 20:10:14:26, 12 SDR
85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 49-1-11.
Law Implemented: SDCL 49-1-11.


20:10:01:22.07. Exhibits at hearing. When exhibits have been prepared to be used at
the hearing either as evidence or for illustrative purposes, or both, the parties shall have
the exhibits marked prior to the hearing. If the exhibits have not previously been served on
the other parties and filed with the commission, the party using exhibits shall provide
copies of the exhibits at the hearing to the commissioners, commission and staff
attorneys, the court reporter, and each party in the proceeding. If enlarged exhibits have
been prepared for the hearing, copies of enlarged exhibits shall be reduced or folded to
8 1/2 inches by 11 inches in size prior to the hearing. If a party in a hearing does not follow
the requirements of this section, the commission may or may not accept the exhibits at the
hearing. A party to a proceeding must prefile electronically all exhibits the party intends to
offer at an evidentiary hearing unless otherwise ordered by the commission. All prefiled
exhibits must be marked and served upon all other parties at the time of filing.

Source: 18 SDR 26, effective August 7, 1991; 33 SDR 107, effective December 26,
2006.
General Authority: SDCL 49-1-11(2),(4).
Law Implemented: SDCL 49-1-11(2),(4).

20:10:01:23. Documentary evidence. Where relevant and material matter offered in
evidence is contained in a lengthy book or document containing other matters not material
or relevant and not intended to be put in evidence, the document shall not be filed. The
party offering such evidence shall present to opposing parties and to the commission, in
proper form for filing, true copies of such material and relevant matter only, so long as such
copies are otherwise admissible Repealed.
Source: SL 1975, ch 16, § 1; 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12
SDR 155, effective July 1, 1986.
General Authority: SDCL 49-1-11.
Law Implemented: SDCL 1-26-19.

20:10:01:24.02. Receipt of evidence. Evidence shall be received in the order
determined by the commission or presiding officer at the hearing Repealed.
Source: 2 SDR 56, effective February 2, 1976; transferred from § 20:10:14:20, 12 SDR
85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 49-1-11.
Law Implemented: SDCL 1-26-19.

20:10:01:25. Briefs. The commission in its discretion may order the filing of written
briefs and when so ordering shall fix the due dates for filing. Briefs shall contain the
following matters: statement of the case; abstract of the evidence relied upon by the party
filing the brief; specific citations to facts contained in the record; and arguments, including
references to decisions of the commission, other commissions, or the courts. If requested
by the commission, the parties shall file proposed findings of fact. The requested findings
must be stated separately and numbered. The briefs shall be filed with the commission and
a copy shall be served on each party. Certification of service shall be filed with the briefs
Repealed.

Source: SL 1975, ch 16, § 1; 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12
SDR 155, effective July 1, 1986; 25 SDR 89, effective December 27, 1998; 33 SDR 107,
effective December 26, 2006.
General Authority: SDCL 49-1-11(4).
Law Implemented: SDCL 49-1-11(4).

20:10:01:41.01. Requests for confidential treatment of information by a non-
submitting party. A request by a non-submitting party for confidential treatment of
information shall be made by submitting the request to the commission along with the
following information:
(1) An identification of the document and the general subject matter of the materials or
the portions of the document for which confidentiality is being requested;
(2) The length of time for which confidentiality is being requested and a request for
handling at the end of that time. This does not preclude a later request to extend the period
of confidential treatment;
(3) The name, address, and phone number of a person to be contacted regarding the
confidentiality request;
(4) The statutory or common law grounds and any administrative rules under which
confidentiality is requested. Failure to include all possible grounds for confidential
treatment does not preclude the party from raising additional grounds in the future; and
(5) The factual basis that qualifies the information for confidentiality under the authority
cited.
Upon receiving a request for confidential treatment by a nonsubmitting party, the
commission shall immediately treat the information as confidential and shall not be
released until such time as a determination has been made pursuant to ARSD 20:10:01:42
or all parties have agreed. If the commission determines the information is confidential,
the submitting party must submit both confidential and redacted versions within five
business days of the receipt of the request or the date of the evidentiary hearing when the
information will be used, whichever comes first.
The filing shall be sent to the commission's executive director, unless another person is
designated. Each page must clearly be marked "confidential" in prominent, bold print.
Source: 47 SDR 125, effective May 30, 2021.
General Authority: SDCL 49-1-11(6).
Law Implemented: SDCL 49-1-9, 49-1-11(6).




20:10:06:02. Public information. The rules of chapters 20:10:05 to 20:10:10,
inclusive, and telecommunications companies' tariffs, shall be available either in all
telecommunications companies' business offices or on the company website for
commission and public inspection. A telecommunications company shall furnish upon
request a free copy of the rules and a free copy of necessary tariff pages as reasonably
requested to any applicant for service or to any subscriber.
Source: SL 1975, ch 16, § 1; 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12
SDR 155, effective July 1, 1986; 21 SDR 81, effective November 3, 1994.
General Authority: SDCL 49-31-5.
Law Implemented: SDCL 49-31-5.

20:10:06:03. Review. A telecommunications company involved in a dispute with a
subscriber or applicant on any subject governed by chapters 20:10:05 to 20:10:10,
inclusive, or on any other telecommunications service concern shall inform the subscriber
or applicant of the right to appeal a decision of the telecommunications company to the
Public Utilities Commission, 500 East Capitol Avenue, Pierre, South Dakota 57501-5070,
phone number 605-773-3201 or 1-800-332-1782. Each telephone directory in the state
shall contain in its instructional pages the statementEach telecommunications company
shall prominently publish a statement on its website notifying the public that dissatisfied
persons may contact the commission at the abovelisted address and phone numbers.
Additionally, each telecommunications company shall prominently display, as well as a
notice of the subscriber's or applicant's review rights and shall also display the fact that
commission's rules and the telecommunications company's tariffs are available at the
business office for inspection by interested persons and that free copies of necessary
pages are also available as reasonably requested.
Source: SL 1975, ch 16, § 1; 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12
SDR 155, effective July 1, 1986; 21 SDR 81, effective November 3, 1994.
General Authority: SDCL 49-31-5.
Law Implemented: SDCL 49-31-5.
20:10:12:05.02. Release of bonds. An During a license year, an original bond filed
with the commission for the license year may not be released unless a new bond is
executed to replace the original bond for the entire license year.
At the conclusion of the license year the commission may release a bond beginning one
hundred twenty days following the conclusion of the licensing year if:
1) No claim against the bond has been received during the ninety-day claim period
established in SDCL 49-45-19; and
2) The commission has conducted an inspection of the grain buyer after the
conclusion of the license year and verified all cash purchases have been paid in
full.

Source: 40 SDR 39, effective September 9, 2013.
General Authority: SDCL 49-45-6(1).
Law Implemented: SDCL 49-45-9.

20:10:12:13. Notice required to credit seller of grain. The terms of a voluntary credit
sale of grain shall contain the following statement: "This contract is not protected by South
Dakota statutory bond coverages." This statement shall be printed in red or bold type
immediately above the seller's signature line.
In addition to this statement, each voluntary credit sale contract shall include the
following:
(1) Name of the grain buyer;
(2) Name of the seller;
(3) Amount and type of grain;
(4) Grade of the grain;
(5) Method of pricing;
(6) Service charges or other fees;
(7) Advances against the contract;
(8) Settlement date;
(8)(9) A statement that title to the grain passes to buyer upon delivery; and
(9)(10) Signature and date of signature for both the seller and buyer immediately
preceded by statement required in this section. However, if the voluntary credit sale
contract is signed by only one of the parties to the contract, the requirements of this
subsection are considered met if, within a reasonable time, a writing in confirmation of the
contract and sufficient against the sender is received and the party receiving the writing in
confirmation has reason to know its contents, unless written notice of objection to its
contents is given within two days after the writing in confirmation is received.

Source: 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective
July 1, 1986; 24 SDR 190, effective July 15, 1998; 35 SDR 48, effective September 9, 2008;
40 SDR 39, effective September 9, 2013.
General Authority: SDCL 49-45-6(4), 49-45-11.
Law Implemented: SDCL 49-45-11.
20:10:13:40. Contents of applications for rate increases. Applications for rate
increases shall include the cost of service to be supplied and shall include the additional
material required in §§ 20:10:13:41 to 20:10:13:107, inclusive. Additional materials may be
supplied by the utility if the utility feels that it is necessary. All applications for rate
increases shall be submitted at least 30 days prior to the date that the rate increase is
proposed to become effective.
If the statements described in §§ 20:10:13:51 to 20:10:13:102, inclusive, are prepared at
the total company level, the application for a base rate increase must also provide the
statements at the South Dakota level.
Source: 2 SDR 90, effective July 7, 1976; 5 SDR 1, effective July 25, 1978; 12 SDR 86,
effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority: SDCL 49-34A-4.
Law Implemented: SDCL 49-34A-10, 49-34A-12, 49-34A-41.


20:10:16:01. Public information. Each utility shall comply with the following:
(1) A utility shall post prominently and conspicuously on its website and at all utility
office locations open to the general public a sign or notice explaining where, when and to
whom a complaint may be directed and a notice of the availability of the commission to act
as a mediator with the commission's address, email address, and telephone number;
(2) Each time a utility is granted an increase in residential rates, the utility shall furnish
each residential customer affected by the change in rates a comparison of the prior rates
and the new rates. The comparison shall include a minimum of six different KWH, CCF,
MCF or Therm steps showing the cost of the prior rates, the cost of the new rates, the
difference between the prior and new rates, and the percent increase.
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.
General Authority: SDCL 49-34A-4.
Law Implemented: SDCL 49-34A-3, 49-34A-4, 49-34A-27.

20:10:16:03. Emergency information. Each utility, for every area which it serves,
shall provide in the area telephone directories in a prominent location on its website a
telephone number through which the utility can be notified at any time of any utility service
problem or emergency.
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.
General Authority: SDCL 49-34A-4.
Law Implemented: SDCL 49-34A-3, 49-34A-4, 49-34A-27.


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 after sixty days, the utility shall annually prepare a written record report
showing the name and address of the complainant, the date and character of the
complaint, and the disposition status of the complaint or actions taken by the utility to
resolve the complaint. A monthly summary of all written complaints received showing the
character of the complaints and the disposition thereof shall be attached to and submitted
with the utility's annual report to the commission. The utility shall file this report with the
commission as an informational filing by January 1 of each year.
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.
General Authority: SDCL 49-34A-4.
Law Implemented: SDCL 49-34A-3, 49-34A-4, 49-34A-27.
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 balance, if any, in excess of the unpaid
bills for service furnished by the utility. The utility shall make a reasonable effort to refund
the deposit. If no refund is possible, the unclaimed deposit, plus accrued interest, shall be
credited to an appropriate account handled in accordance with SDCL chapter 43-41B.
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.
General Authority: SDCL 49-34A-4.
Law Implemented: SDCL 49-34A-3, 49-34A-4, 49-34A-27.

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 purchased from
the utility;
(2)(1) The customer's failure to pay for a different class of utility service; or
(3)(2) The customer's failure to pay a bill for which the customer is a guarantor.
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.
General Authority: SDCL 49-34A-4.
Law Implemented: SDCL 49-34A-3, 49-34A-4, 49-34A-27.

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 physician's certificate or a notice
from a public health or social services official which states that disconnection of service
will aggravate an existing medical emergency of the customer, a member of the customer's
family, or other permanent resident of the premises where service is provided. Such
extensions are limited to a single 30-day period.
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; 13 SDR 40, effective October 14, 1986.
General Authority: SDCL 49-34A-4.
Law Implemented: SDCL 49-34A-3, 49-34A-4, 49-34A-27.
CHAPTER 20:10:24
INTEREXCHANGE CARRIER AND CLASSIFICATION RULES
Section
20:10:24:01 Definitions.
20:10:24:02 Certificate of authority for interexchange service -- Application
requirements.
20:10:24:03 Denial of application for certificate of authority for interexchange service.
20:10:24:04 Certificate of authority -- Information filed after certification, Repealed.
20:10:24:04.01 Sale, assignment, lease, or transfer of certificate of authority.
20:10:24:04.02 Suspension or revocation of certificate of authority.
20:10:24:04.03 Notice and hearing required for suspension or revocation of certificate of
authority.
20:10:24:04.04 Procedure for suspension or revocation hearing.
20:10:24:04.05 Performance bonds Bond or other security.
20:10:24:05 Alternative operator services.
20:10:24:06 Classification -- Application requirements.
20:10:24:07 Classification -- Filing the application.
20:10:24:08 Classification -- Incomplete application.
20:10:24:09 Classification -- Emerging competitive services -- Trial offerings.
20:10:24:10 Classification -- Variance from application rules.
20:10:24:11 Reclassification -- Contents of complaint.
20:10:24:12 Reclassification -- Filing of complaint.
20:10:24:13 Reclassification -- Incomplete complaint.
20:10:24:14 Reclassification -- Variance from rules for filing complaints.
20:10:24:15 Utility investigation fund -- Criteria for determining deposit amount.
20:10:24:16 Utility investigation fund -- Notice of assessment -- Deadline for payment.
20:10:24:17 Utility investigation fund -- Allocation of share to other parties.
20:10:24:18 Utility investigation fund -- Objections to deposit amount. 20:10:24:19 Utility investigation fund -- Action taken on unpaid deposit.

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 submit to the commission on June 1 each year thereafter a report
identifying the exchanges, routes, or other geographic areas of this state where it is
providing or expects to provide services. The report shall include the number and type of
customers being served Repealed.
Source: 16 SDR 106, effective December 27, 1989; 21 SDR 81, effective November 3,
1994; 22 SDR 107, effective February 18, 1996; 25 SDR 89, effective December 27, 1998.
General Authority: SDCL 49-31-3.
Law Implemented: SDCL 49-31-3.






20:10:24:04.05. Performance bonds Bond or other security. 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 duration as the commission may require. The bond or other security shall be filed
with the commission and shall be for the benefit of a customer of the applicant. The bond
or other security shall apply only to customers receiving wireline interexchange service that
is being provided in South Dakota by the applicant.
The commission may require an increase in the amount of the bond or other security,
from time to time, as the commission deems necessary for the protection of the public. The
bond may be a surety bond or other security as the commission may require. If a surety
bond is required, the surety on the bond must be a corporate surety company holding a
certificate with the Department of Insurance of the State of South Dakota authorizing it to
execute the same.

Source: 25 SDR 89, effective December 27, 1998; 34 SDR 67, effective September 11,
2007.
General Authority: SDCL 49-31-3.
Law Implemented: SDCL 49-31-3.
CHAPTER 20:10:30
ASSIGNMENT OF N11 DIALING CODES
(Repealed)
Section
20:10:30:01 Available codes, Repealed.
20:10:30:01.01 Criteria for assignment, Repealed.
20:10:30:02 Assignment, Repealed.
20:10:30:03 Application -- Contents, Repealed.
20:10:30:04 Financial information, Repealed.
20:10:30:05 Burden of proof -- Public interest -- Technical, financial, and managerial
capabilities, Repealed.
20:10:30:06 Interim approval -- Terms and conditions, Repealed.
20:10:30:07 Nontransferability, Repealed.
20:10:30:08 Termination for failure to provide service within 90 days, Repealed.
20:10:30:09 Termination if service no longer in public interest, Repealed.
20:10:30:10 Termination for higher public interest, Repealed.


20:10:30:01. Available codes. The commission may, upon receipt of an application or
upon its own motion, assign an available N11 dialing code within South Dakota local
exchanges to a qualified person. Codes 611 and 811 may be assigned if a local exchange
carrier (LEC) does not at the time of the application or motion use those codes or if the
commission determines, pursuant to § 20:10:30:10, that the purpose proposed in the
application or motion is a higher public interest than the purpose for which the LEC is using
the 611 or 811 dialing code Repealed.
Source: 21 SDR 4, effective July 17, 1994; 21 SDR 90, effective November 14, 1994.
General Authority:SDCL 49-31-5.
Law Implemented:SDCL 49-31-3, 49-31-5, 49-31-7, 49-31-7.1.
Cross-Reference: Persons, organizations and entities subject to general jurisdiction
provisions, SDCL 15-7-1.


20:10:30:01.01. Criteria for assignment. An application for the assignment of an N11
dialing code must demonstrate that the service to be provided or accessed through the use
of the dialing code provides direct and substantial benefits to the public. In demonstrating
the benefits the applicant must address in its application, and the commission may
consider the following, as applicable:
(1) The emergency nature of the services and their benefit to the health, safety, and
welfare of persons;
(2) Access to a broad range of national, state, and local governmental and public
agencies;
(3) Access to communications services by persons disadvantaged by a physical
impairment;
(4) Facilitation of customer connection to the local telecommunications network;
(5) Whether the assignment of a particular dialing code maximizes public benefits and
minimizes public confusion;
(6) Whether the assignment of a particular code is compatible with the national, state,
and local concerns for the preservation of universal service and the efficient, effective use
of local telecommunications networks;
(7) Whether the assignment of a particular dialing code facilitates the national or
international assignment of the same code for similar services; and
(8) Any other criteria the commission considers relevant to a public interest
determination.
Source: 21 SDR 90, effective November 14, 1994 Repealed.
General Authority:SDCL 49-31-5.
Law Implemented:SDCL 49-31-3, 49-31-5, 49-31-7, 49-31-7.1.

20:10:30:02. Assignment. The commission shall assign an N11 dialing code to an
application which will provide the most direct and substantial benefits to the public if the
application is complete and meets the criteria established by this chapter for the
assignment of such codes. If two applications for a particular dialing code propose to
provide services which the commission finds are equally beneficial to the public, the
commission shall assign the N11 dialing code to the application filed earliest Repealed.
Source: 21 SDR 4, effective July 17, 1994; 21 SDR 90, effective November 14, 1994.
General Authority:SDCL 49-31-5.
Law Implemented:SDCL 49-31-3, 49-31-5, 49-31-7, 49-31-7.1.

20:10:30:03. Application -- Contents. An application filed under this chapter must
contain the information and be in the form required by §20:10:24:02, except in lieu of
subdivision 20:10:24:02(5) the application must include a specific description of the
purpose for which the N11 code will be used Repealed.
Source: 21 SDR 4, effective July 17, 1994.
General Authority:SDCL 49-31-5.
Law Implemented:SDCL 49-31-3, 49-31-5, 49-31-7, 49-31-7.1.

20:10:30:04. Financial information. In addition to the financial information required
by subdivision 20:10:24:02(8), the application must include a schedule showing the
investment to be made in the proposed service, an estimate of expenses, and the expected
revenues Repealed.
Source: 21 SDR 4, effective July 17, 1994.
General Authority:SDCL 49-31-5.
Law Implemented:SDCL 49-31-3, 49-31-5, 49-31-7, 49-31-7.1.

20:10:30:05. Burden of proof -- Public interest -- Technical, financial, and
managerial capabilities. The applicant has the burden of proving in its application that the
services the applicant will provide through the use of the N11 dialing code are in the public
interest and that the applicant has sufficient technical, financial, and managerial
capabilities to provide the services Repealed.
Source: 21 SDR 4, effective July 17, 1994.
General Authority:SDCL 49-31-5.
Law Implemented:SDCL 49-31-3, 49-31-5, 49-31-7, 49-31-7.1.
Cross-Reference: General supervision of telecommunications companies offering
common carrier services by commission where not preempted - Filing application with
commission - Demonstration of capabilities - Rules - Offering services without certificate
of authority as misdemeanor, SDCL 49-31-3.

20:10:30:06. Interim approval -- Terms and conditions. The commission may assign
an interim N11 dialing code to determine the feasibility of a permanent assignment of the
N11 dialing code. An interim assignment is subject to the terms and conditions established
by the commission after notice and opportunity for hearing Repealed.
Source: 21 SDR 4, effective July 17, 1994.
General Authority:SDCL 49-31-5.
Law Implemented:SDCL 49-31-3, 49-31-5, 49-31-7, 49-31-7.1.

20:10:30:07. Nontransferability. The commission's interim approval or assignment of
an N11 dialing code may not be transferred by the applicant Repealed.
Source: 21 SDR 4, effective July 17, 1994.
General Authority:SDCL 49-31-5.
Law Implemented:SDCL 49-31-3, 49-31-5, 49-31-7, 49-31-7.1.

20:10:30:08. Termination for failure to provide service within 90 days. If the
applicant fails to provide the service proposed in its application and to notify the
commission in writing that it has begun providing the service within 90 days from the date
of the commission's order granting the application, the assignment is automatically
terminated and the N11 dialing code is available for reassignment. An applicant may
request and the commission may, upon a showing of good cause, grant an extension of the
90 day period Repealed.
Source: 21 SDR 4, effective July 17, 1994; 21 SDR 90, effective November 14, 1994.
General Authority:SDCL 49-31-5.
Law Implemented:SDCL 49-31-3, 49-31-5, 49-31-7, 49-31-7.1.
Cross-Reference: Scope and application, § 20:10:05:01.

20:10:30:09. Termination if service no longer in public interest. If the commission,
after notice and opportunity for hearing, determines that the service provided by the
applicant pursuant to the assignment of the N11 dialing code is no longer in the public
interest, the assignment is terminated as of the effective date of the commission's order
and the N11 dialing code is available for reassignment Repealed.
Source: 21 SDR 4, effective July 17, 1994.
General Authority:SDCL 49-31-5.
Law Implemented:SDCL 49-31-3, 49-31-5, 49-31-7, 49-31-7.1.



20:10:30:10. Termination for higher public interest. If it becomes necessary to use
an assigned N11 dialing code for an area code pursuant to a determination by the North
American Numbering Plan (NANP) administrator, if the Federal Communications
Commission (FCC) determines the assigned N11 dialing code is required for a national
service, or if the commission determines, after notice and opportunity for hearing, that an
assigned N11 dialing code is required for a higher public interest, the assignment shall
terminate on the date specified in the notice from the NANP administrator or the FCC or in
the commission's order Repealed.
Source: 21 SDR 4, effective July 17, 1994.
General Authority:SDCL 49-31-5.
Law Implemented:SDCL 49-31-3, 49-31-5, 49-31-7, 49-31-7.1.
CHAPTER 20:10:31
ASSESSMENT OF FEES FOR INTRASTATE GAS PIPELINE OPERATORS
Section
20:10:31:01 Definitions.
20:10:31:02 Scope and application.
20:10:31:03 Reduction of support and direct costs.
20:10:31:04 Assessment of direct costs.
20:10:31:05 Assessment of support costs.
20:10:31:06 Assessment of initial inspection fee, Repealed.
20:10:31:07 Objection to assessment.


20:10:31:06. Assessment of initial inspection fee. An initial inspection fee of
$100,000 is assessed to intrastate gas pipeline operators. Intrastate distribution pipeline
operators with 50 meters or less are assessed a flat fee of $25. The remaining initial
inspection fee is prorated among all intrastate gas pipeline operators using the same
method used to assess support costs in § 20:10:31:05 Repealed.
Source: 20 SDR 222, effective July 5, 1994.
General Authority: SDCL 49-34B-20.
Law Implemented: SDCL 49-34B-11.

CHAPTER 20:10:32
LOCAL EXCHANGE SERVICE COMPETITION
Section
20:10:32:01 Definitions.
20:10:32:02 Certificate of authority required to provide local exchange service.
20:10:32:03 Certificate of authority for local exchange service -- Application
requirements.
20:10:32:04 Notice to other local exchange carriers in proposed service area --
Intervener status.
20:10:32:05 Opportunity for hearing -- Burden of proof.
20:10:32:06 Rejection of incomplete application -- Decision criteria for granting a
certificate of authority.
20:10:32:06.01 Performance bonds.
20:10:32:07 Certification subject to commission imposed terms and conditions.
20:10:32:08 Sale, assignment, lease, or transfer of certificate of authority.
20:10:32:09 Suspension or revocation of certificate of authority.
20:10:32:10 Service obligations of all providers -- Request for waiver.
20:10:32:11 Local calling scope for alternative providers.
20:10:32:12 Annual reporting requirements, Repealed.
20:10:32:13 Discontinuance of service.
20:10:32:14 Area under threat of discontinuance of service.
20:10:32:15 Rural service area -- Additional service obligations.
20:10:32:16 Good faith offering requirement.
20:10:32:17 Report of progress toward meeting service obligations.
20:10:32:18 Waiver of eligible telecommunications carrier service requirements.
20:10:32:19 Failure to meet service obligations -- Grounds for revocation of certificate.
20:10:32:20 Request for negotiations.
20:10:32:21 Submission of negotiated agreement for approval. 20:10:32:22 Submission of written comments on negotiated agreement -- Submission
of response.
20:10:32:23 Commission decision on negotiated agreement.
20:10:32:24 Request for mediation.
20:10:32:25 Response to request for mediation.
20:10:32:26 Mediation conducted by commission staff.
20:10:32:27 Statement of issues.
20:10:32:28 Confidentiality of mediation -- Settlement proposals.
20:10:32:29 Petition for arbitration.
20:10:32:30 Response to petition for arbitration.
20:10:32:31 Arbitration conducted as a contested case -- Prehearing conference.
20:10:32:31.01 Participation by non-parties.
20:10:32:32 Commission decision on petition for arbitration.
20:10:32:33 Commission approval of arbitrated agreement.
20:10:32:34 Submission of written comments on arbitration agreement -- Submission
of response.
20:10:32:35 Commission decision on arbitrated agreement.
20:10:32:36 Commission decision on agreement containing both arbitrated and
negotiated provisions -- Submission of separate agreements.
20:10:32:37 Rural exemption from negotiation and interconnection requirements.
20:10:32:38 Notice to commission of request.
20:10:32:39 Petition for suspension or modification of interconnection requirements.
20:10:32:40 Copy of petition to affected local service providers.
20:10:32:41 Timeline for reviewing petition.
20:10:32:42 Designation of eligible telecommunications carriers.
20:10:32:43 Eligible telecommunications carrier petitions.
20:10:32:43.01 Demonstration of commitment to provide service.
20:10:32:43.02 Submission of two-year plan. 20:10:32:43.03 Demonstration of ability to remain functional in emergency situations.
20:10:32:43.04 Demonstration of ability to satisfy consumer protection and service
quality standards.
20:10:32:43.05 Offering of comparable local usage plan, Repealed.
20:10:32:43.06 Provisioning of equal access, Repealed.
20:10:32:43.07 Public interest standard.
20:10:32:44 Existing eligible telecommunications carrier designations not affected.
20:10:32:45 Determining the applicable service area.
20:10:32:46 Copy of petition to other eligible telecommunications carriers.
20:10:32:47 Designation of eligible telecommunications carrier for unserved areas.
20:10:32:48 Relinquishment of eligible telecommunications carrier status.
20:10:32:49 Revocation of eligible telecommunications carrier status.
20:10:32:50 Monitoring of competitive local exchange services.
20:10:32:51 Use of universal service support.
20:10:32:52 Annual certification requirements for designated eligible
telecommunications carriers.
20:10:32:53 Requirements for previously designated eligible telecommunications
carriers and pending applications, Repealed.
20:10:32:54 Certification requirements.
20:10:32:55 Lifeline and link-up advertising requirements -- Annual report on outreach
efforts.
20:10:32:56 Petition for waiver -- Granting of waiver.

20:10:32:03. Certificate of authority for local exchange service -- Application
requirements. A telecommunications company required by SDCL chapter 49-31 to apply
for a certificate of authority for local exchange services from the commission shall submit a
written application and provide the following information, unless the commission grants a
waiver for good cause to omit a specific item of information:
(1) The applicant’s name, address, telephone number, web page URL, and e-mail
address;
(2) A description of the legal and organizational structure of the applicant's company;
(3) The name under which the applicant will provide local exchange services, if different
than in subdivision (1) of this section;
(4) A copy of its certificate of authority to transact business in this state from the
Secretary of State;
(5) The location of the applicant's principal office, if any, in this state and the name and
address of its current registered agent, if applicable;
(6) A list containing the following information about the types of services the applicant
seeks to offer and how the services will be provided:
(a) The classes of customers the applicant intends to serve;
(b) The date the applicant is to provide service and the extent to which service is to be
provided through the use of the applicant's own facilities, the purchase of unbundled
network elements, or resale;
(c) A description of all facilities that the applicant shall utilize to furnish the proposed
local exchange services, including any facilities of underlying carriers; and
(d) The types of services the applicant seeks authority to provide, with reference to the
general nature of each service;
(7) A description of the applicant's experience providing any telecommunications service
in this state or in other jurisdictions, the type of service provided, and the date and nature
of state or federal authorization to provide the service;
(8) The name and address of any affiliate, parent organization, or subsidiary of the
applicant;
(9) A service area map or narrative description indicating with particularity the
geographic area proposed to be served by the applicant; (10) For the most recent twelve-month period, financial statements of the applicant
consisting of balance sheets, income statements, and cash flow statements. The applicant
shall provide audited financial statements, if available;
(11) The name, address, telephone number, and e-mail address of the applicant's
representative to whom all commission inquiries must be made regarding customer
complaints and other regulatory matters;
(12) The applicant's plan to bill and collect charges from customers who subscribe to its
proposed local exchange services;
(13) The applicant's policies relating to solicitation of new customers and a description
of the efforts the applicant intends to use to prevent the unauthorized switching of local
service customers by the applicant, its employees, or agents;
(14) How the applicant will make available to any person information concerning the
applicant's current rates, terms, and conditions for all of its telecommunications services;
(15) How the applicant will notify a customer of any materially adverse change to any
rate, term, or condition of any telecommunications service provided to the customer by the
applicant;
(16) A list of the states in which the applicant is registered or certified to provide
telecommunications services, together with a statement as to whether the applicant:
(a) Has ever been denied registration or certification in any state, and the reasons for
any denial; and
(b) Is in good standing with the appropriate regulatory agency in any state where it is
registered or certified, and a detailed explanation of why the applicant is not in good
standing in a given state, if applicable;
(17) The applicant’s federal tax identification number and South Dakota sales tax
number;
(17)(18) A description of how the applicant intends to market its local exchange services, a
description of its target market, a statement as to whether the applicant engages in
multilevel marketing, and copies of any company brochure that is to be used to assist in
sale of the services;
(18)(19) The technical competence of the applicant to provide its proposed local exchange
services as shown by:
(a) A description of the education and experience of the applicant’s management
personnel who will oversee the proposed local exchange services; and (b) Any policy, personnel decision, or arrangement made by the applicant, which
demonstrates the applicant’s ability to respond to customer complaints and inquiries
promptly and to perform facility and equipment maintenance necessary to ensure
compliance with any commission quality of service requirement;
(19)(20) How the applicant is to provide customers with access to 911 or enhanced 911,
operator services, interexchange services, directory assistance, telecommunications relay
services, and any other emergency service;
(20)(21) The following matters associated with interconnection to provide proposed local
exchange services:
(a) The identity of all local exchange carriers with which the applicant plans to
interconnect;
(b) The likely timing of initiation of interconnection service and a statement as to when
negotiations for interconnection started or are likely to start; and
(c) A copy of any request for interconnection made by the applicant to any local
exchange carrier;
(21)(22) If the applicant is seeking authority to provide local exchange service in the
service area of a rural telephone company, the date by which the applicant expects to meet
the service obligations imposed pursuant to § 20:10:32:15 and the applicant’s plan for
meeting the service obligations;
(22)(23) A written request for waiver of any rule believed to be inapplicable; and
(24) The number and nature of complaints with any state or federal regulatory
commission regarding unauthorized switching of a customer’s telecommunications
provider or the act of charging customers for services that have not been ordered
; and
(23)(25) Other information requested by the commission needed to demonstrate that the
applicant has sufficient technical, financial, and managerial capabilities to provide the
local exchange services it intends to offer consistent with the requirements of this chapter
and other applicable rules and laws.
The commission may require the production of audited financial statements and
additional information to supplement the information contained in the application. A
company shall notify the commission of any change in information provided pursuant to
subdivisions (1), (3), (4), and (11) of this section as the change occurs.
Source: 25 SDR 89, effective December 27, 1998; 26 SDR 110, effective March 7, 2000;
34 SDR 67, effective September 11, 2007; 52 SDR 32, effective September 29, 2025. General Authority: SDCL 49-31-76.
Law Implemented: SDCL 49-31-3, 49-31-12.7, 49-31-69, 49-31-76.
20:10:32:12. Annual reporting requirements. After a telecommunications company
has received a certificate of authority to provide local exchange services from the
commission, the company shall submit to the commission by June first of each year
thereafter a report of its annual revenues from the preceding year resulting from operations
in this state Repealed.
Source: 25 SDR 89, effective December 27, 1998; 52 SDR 32, effective September 29,
2025.
General Authority: SDCL 49-31-76.
Law Implemented: SDCL 49-31-3, 49-31-71, 49-31-76.
20:10:33:27. Reporting requirements when 911 service is disrupted or impaired.
Each local exchange company shall, immediately upon discovery of an unplanned outage
on a facility that is owned, operated, leased, or utilized by the local exchange company,
report to each 911 public safety answering point serving the affected local service area, to
the local area broadcast media serving the affected local service area, and to the
commission. The report shall contain pertinent information concerning any occurrence or
development that disrupts or impairs the local service area's access to the 911 service
within a given 911 system. In addition, each local exchange company shall provide the
public safety answering point, the local area news media, and the commission with a time
estimation on when the repair to the 911 system is to be completed and the 911 service
restored telecommunications provider shall electronically file a report with the
Commission pertaining to any outage, as defined in 47 C.F.R. § 4.5 (January 16, 2024), if it
meets the outage reporting threshold criteria as defined in 47 C.F.R. § 4.9 (January 16,
2024). The content of the report to the Commission shall contain all information set forth
in 47 C.F.R. § 4.11(January 16, 2024).
Source: 25 SDR 89, effective December 27, 1998; 52 SDR 32, effective September 29,
2025.
General Authority: SDCL 49-31-3, 49-31-77, 49-31-85.
Law Implemented: SDCL 49-31-3, 49-31-77, 49-31-85.

CHAPTER 20:10:33
SERVICE STANDARDS FOR TELECOMMUNICATIONS COMPANIES
Section
20:10:33:01 Definitions.
20:10:33:02 Level of service provided by local exchange companies.
20:10:33:03 Level of service applicable to all subscribers within an exchange.
20:10:33:04 Minimum requirements for new or replaced switching systems.
20:10:33:05 Minimum requirements for channel capacity.
20:10:33:06 Minimum levels of trunking facilities provided by interexchange companies.
20:10:33:07 Requirements for good engineering practices.
20:10:33:08 Requirement for sufficient equipment and adequate personnel.
20:10:33:09 Required documentation to show sufficient equipment and adequate
personnel.
20:10:33:10 Assignment of facilities.
20:10:33:11 Charges for construction of facilities.
20:10:33:12 Records of tests and inspections.
20:10:33:13 Provisioning of adequate and reliable facilities.
20:10:33:14 Program required for testing, inspecting, and maintenance.
20:10:33:15 Repair of plant and equipment.
20:10:33:16 Leakage, loop resistance, and transmission tests.
20:10:33:17 Emergency planning.
20:10:33:18 Plan required to deal with loss of switch.
20:10:33:19 Auxiliary and battery power requirements.
20:10:33:20 Central office alarms.
20:10:33:21 Prevention of access line service interruptions -- Reestablishment of
service -- Priority given to customers with medical condition and certain entities.
20:10:33:22 Maintenance service interruptions -- Notification. 20:10:33:23 Records of access line service interruptions.
20:10:33:24 Reporting of trouble reports.
20:10:33:25 Customer trouble reports.
20:10:33:26 Record of trouble reports.
20:10:33:27 Reporting requirements when 911 service is disrupted or impaired.
20:10:33:28 Reporting of service disruption or impairment, Repeal.
20:10:33:29 Standards applicable under normal operating conditions.
20:10:33:30 Petition for waiver -- Granting of waiver.
20:10:33:31 Failure to pay for services other than local exchange services not grounds
to terminate local exchange service.
20:10:33:32 Exemption from providing local exchange service when toll services
terminated.
20:10:33:28. Reporting of service disruption or impairment. Each local exchange
company shall, within one hour of discovery, report to the local area broadcast media
serving the affected local serving areas and to the commission, pertinent information
concerning any specific occurrence or development which disrupts or impairs the
telecommunications service of the smaller of 25 percent or 750 or more customers in a
local exchange area for a time period in excess of one hour. Notification is also required for
complete switching system failures, isolation of remote switching modules from their host,
or major service disruptions due to interoffice failures Repealed.
Source: 25 SDR 89, effective December 27, 1998.
General Authority:SDCL 49-31-77, 49-31-85.
Law Implemented:SDCL 49-31-3, 49-31-77, 49-31-85.
CHAPTER 20:10:37
PIPELINE SAFETY RULES
Section
20:10:37:01 Definitions.
20:10:37:02 Scope and application.
20:10:37:03 Applicability of procedural rules.
20:10:37:04 Inspections.
20:10:37:05 Pipeline operator's obligations.
20:10:37:06 Inspector's reporting requirements.
20:10:37:07 Pipeline operator's receipt of the inspector report.
20:10:37:08 Probable non-compliance inspection results.
20:10:37:09 Pipeline operator's inspection response.
20:10:37:10 Pipeline operator's incident reporting requirements.
20:10:37:11 Inspector's incident investigation.
20:10:37:12 Post-incident investigation meeting.
20:10:37:13 Incident report.
20:10:37:14 Pipeline operator's obligations upon completion of inspector's incident
report.
20:10:37:15 Pipeline operator's failure to reply.
20:10:37:16 Request for hearing.
20:10:37:17 Change of ownership.
20:10:37:18 Notice requirements for transmission line construction.
20:10:37:18.01 Notice requirements for liquid natural gas facility construction.
20:10:37:19 Annual report.


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 defined in 49 C.F.R. Part 192 (July 1, 2023):
(1) Submit the information below to the commission's pipeline safety program no later
than sixty days prior to the commencement of construction, relocation, or replacement:
(a) Pipeline operator's name, phone number, and mailing address;
(b) Estimated dates construction is scheduled to begin and end;
(c) Map showing the location and proposed route of pipeline;
(d) Identified gas transmission Integrity Management Program high consequence area,
if applicable;
(e) Proposed steel pipeline specifications, including size, weight, grade, wall thickness,
and coating;
(f) Proposed plastic pipe specifications, including size and Standard Dimension Ratio;
(g) Proposed design and maximum allowable operating pressure of pipeline;
(h) Pressure test procedures and method of pressure test prior to operations;
(i) Proposed type of cathodic protection;
(j) Minimum burial depths of pipeline at time of construction;
(k) Proposed location and type of pipeline safety equipment;
(l) Proposed type of highway and water crossing, such as whether it will be bored and
cased, bored only, or trenched;
(m) Written construction procedures; and
(n) Name of construction company if known at the time of filing the Notice; and
(o) Pipeline operator's contact name and phone number;
(2) In the event of an emergency, as defined in the pipeline operator's operations manual,
give telephonic notice of emergency construction, relocation, or replacement to the
commission's pipeline safety program;
(3) Submit significant construction modifications to the pipeline safety program; and (4) Submit the information below to the commission's pipeline safety program no later
than sixty days prior to the commencement of operation:
(a) Operation and maintenance manual;
(b) Emergency procedures;
(c) Anti-drug and alcohol plan;
(d) Public Awareness plan;
(e) Damage prevention program;
(f) Abnormal operations;
(g) Operator's qualification plan; and
(h) Integrity Management Plan.
Source: 36 SDR 57, effective October 19, 2009; 47 SDR 125, effective May 30, 2021; 50
SDR 125, effective May 6, 2024.
General Authority: SDCL 49-34B-4, 49-34B-19.
Law Implemented: SDCL 49-34B-3, 49-34B-4, 49-34B-8, 49-34B-19, 49-34B-27.

20:10:37:18.01. Notice requirements for liquid natural gas facility construction. The
operator of a liquid natural gas facility which falls under the definition of a “gas pipeline” as
defined in SDCL 49-34B-1 shall:
(1) Submit the information below to the commission's pipeline safety program no later
than sixty days prior to the commencement of construction, relocation, or replacement:
(a) Operator's name, mailing address, and phone number;
(b) Estimated dates construction is scheduled to begin and end;
(c) The type and purpose of the facility;
(d) Map showing the location of the facility;
(e) Proposed facility specifications, including size, weight, grade, wall thickness, and
coating;
(f) Proposed design and maximum allowable operating pressure of the facility;
(g) Pressure test procedures and method of pressure test prior to operations;
(h) Proposed type of cathodic protection;
(i) Proposed location and type of safety equipment;
(j) Written construction procedures;
(k) Name of construction company if known at the time of filing the Notice;
(l) Storage tank specifications;
(n) Thermal radiation protection specifications;
(o) Flammable vapor-gas dispersion protection parameters;
(p) Structural specifications; and
(q) Control center location;
(2) In the event of an emergency, as defined in the operator's operations manual, give
telephonic notice of emergency construction, relocation, or replacement to the
commission's pipeline safety program;
(3) Submit significant construction modifications to the pipeline safety program; and
(4) Submit the information below to the commission's pipeline safety program no later
than sixty days prior to the commencement of operation:
(a) Operation and maintenance manual; (b) Emergency procedures;
(c) Anti-drug and alcohol plan;
(d) Operator's qualification plan; and

General Authority: SDCL 49-34B-4, 49-34B-19.
Law Implemented: SDCL 49-34B-3, 49-34B-4, 49-34B-8, 49-34B-19, 49-34B-27.