Streamline utility regulations and complaint procedures

1 ARTICLE 20:10
PUBLIC UTILITIES COMMISSION
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20:10:02 General motor carrier rules, Repealed.
20:10:03 Regulated motor carriers, Repealed.
20:10:04 Exempt motor carriers, Repealed.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20:10:14 Procedure rules for public utilities, Repealed or transferred.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. 2 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20:10:25 Telecommunications facility construction notice rules, Repealed.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20:10:30 Assignment of N11 dialing codes, Repealed.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. 3 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.

4 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. 5 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.
20:10:01:12 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.
20:10:01:17 Subpoenas.
20:10:01:17.01 Commission action on subpoena request.
20:10:01:17.02 Service of subpoena.
20:10:01:18 Repealed. 6 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
20:10:01:22.07 Written testimony.
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. 7 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
20:10:01:42
20:10:01:43
20:10:01:44 Requests for confidential treatment of information by a non-submitting party other than th
Requirements for proving confidentiality.
Requests for access to confidential information.
Use of confidential information in commission orders. 8 20:10:01:45



Order to show cause -- Service, notice, contents.


9 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 resolved informally or if the consumer
chooses to file a formal complaint, the commission shall must 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. 10 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). 11 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. 12 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 shall prefile electronically with the commission all exhibits the party intends to
offer at an evidentiary hearing, unless otherwise ordered by the commission. A party filing
the exhibits must mark each exhibit with an exhibit number and serve the exhibits 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). 13 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. 14 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. 15 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). 16 20:10:01:41.01. Requests for confidential treatment of information by a non-
submitting party other than the filer. A request by a non-submitting party for
confidential treatment of information filed by another party shall must 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 or other
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 requested period for confidential treatment of the
information and the proposed disposition of the conformation upon expiration of the period
of confidential treatment. This does not preclude a later request to extend the period of
confidential treatment;
(3) The name, address, and phone telephone number of a person to be contacted regarding
the confidentiality request;
(4) The statutory or common law grounds and any administrative rules Any statutory,
administrative rule, or common law authority 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 receipt of a request for confidential treatment of information filed by another
party, the commission must treat the information as confidential and may not release the
information unless all parties agree to the release or the commission determines the
information is not confidential. If the commission determines the information is 17 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 is to be used, whichever comes first.
The submitting party shall clearly mark each page or portion of the confidential information
as "confidential" in prominent, bold print, and file with the commission both the marked and
redacted versions.
Failure to include all possible grounds for confidential treatment does not preclude the party
from raising additional grounds in the future. Nothing in this rule precludes a later request by
any party to extend the period of confidential treatment.
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)(4). 18 20:10:06:02. Public information. The A telecommunications company shall make
the rules of chapters 20:10:05 to 20:10:10, inclusive, and telecommunications companies'
company's tariffs, shall be available either in all telecommunications companies' business
offices the company's business office or on the company's 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 requested 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 49-31-12.2. 19 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, which may be contacted in person or in writing at 500 East Capitol
Avenue, Pierre, South Dakota 57501-5070, phone number or by telephone at 605-773-3201
or 1-800-332-1782. Each telephone directory in the state shall contain in its instructional
pages the statement. Each telecommunications company shall prominently publish a
statement on the company's website that, which notifies the public:
(1) That dissatisfied persons may contact the commission at the above listed address
and phone numbers
Additionally, each telecommunications company shall prominently display, as well as a
notice of telephone number;
(2) Of the subscriber's or applicant's review rights; and shall also display the fact
that
(3) 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 upon request.
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 49-31-12.2. 20 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.
The commission may release a bond beginning one hundred twenty days following the
conclusion of the license year if:
1) A claim against the bond has not 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)(6).
Law Implemented: SDCL 49-45-9. 21 20:10:12:13. Notice required to credit seller of grain. The terms of a voluntary
credit sale of grain shall must contain the following statement: "This contract is not
protected by South Dakota statutory bond coverages." This The statement shall must 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
must provide:
(1) Name The name of the grain buyer;
(2) Name The name of the seller;
(3) Amount The amount and type of grain;
(4) Grade The grade of the grain;
(5) Method The method of pricing;
(6) Service charges or other fees;
(7) Advances against the contract;
(8) The settlement date; and
(8)(9) A statement that title to the grain passes to buyer upon delivery; and.
(9) Signature and date of signature for Except as otherwise provided, both the seller
and buyer immediately preceded by shall sign and date the contract in the space directly
below the required statement required in this section. However, if the voluntary credit sal. A
contract that is signed by only one of the parties to the contract, satisfies the requirements of
this subsection are considered met paragraph if, within a reasonable time, a writing in the non-
signing party provides written confirmation of the contract and, which is sufficient against the 22 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 the requirements of SDCL 57A-2-201(d) are met.

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)(3), 49-45-11.
Law Implemented: SDCL 49-45-11. 23 20:10:13:40. Contents of applications for rate increases. Applications A utility, in its
application for a rate increases shall include increase, shall provide 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
may submit additional materials as the utility feels that it is considers necessary. All
applications for rate increases shall be submitted A utility filing for a rate increase shall
submit the application at least 30 thirty days prior to the date that the rate increase is
proposed to become effective.
If the information described in §§ 20:10:13:51 to 20:10:13:102, inclusive, is prepared at
the total company basis, the utility must also provide the statements at the state 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. 24 20:10:16:01. Public information. Each A utility shall comply with the following:
(1) A utility shall post Post prominently and conspicuously on the utility's website and
at all utility office locations open to the general public any public office of the utility a sign
or notice explaining:
(a) Explaining where, when, and to whom a complaint may be directed and a notice
of; and
(b) Of the availability of the commission to act as a mediator with, which lists the
commission's mailing address, e-mail address, and telephone number;
(2) Each time a the utility is granted an increase in residential rates, the utility shall
furnish to each residential customer that is affected by the change in rates a comparison of
the prior rates and the new rates. The comparison shall, which must include a:
(a) A minimum of six different KWH, one hundred cubic feet (CCF), MCF or
Therm steps showing the cost of the prior rates, the;
(b) The cost of the new rates, the;
(c) The difference between the prior and new rates, and the; and
(d) 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-26, 49-34A-27. 25 20:10:16:03. Emergency information. Each utility, for every area which it serves, A
utility shall provide in the area telephone directories, in a prominent location on the utility's
website, a telephone number through which the utility can may 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-2, 49-34A-2.1, 49-34A-27. 26 20:10:17:13. Complaints. Each A utility shall make a full and prompt investigation of
all complaints any complaint received. For all written complaints or any other complaints
which are unresolved, the The utility shall annually prepare a written record report of each
complaint that was unresolved for more than sixty days, 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 submit the report to the commission by January first 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-2, 49-34A-2.1, 49-34A-27. 27 20:10:19:09. Refund of deposits upon disconnection. After disconnection of
service and receipt of the a customer's final payment, the a 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 a refund is not possible, the unclaimed deposit,
plus accrued interest, shall be credited to an appropriate account is subject to the provisions
of 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-2, 49-34A-27. 28 20:10:20:08. Insufficient reasons for disconnection. A utility shall may not
disconnect service to any customer solely upon any of the following grounds due to the
customer's failure to pay for:
(1) The customer's failure to pay for merchandise or special services purchased from
the utility;
(2) The customer's failure to pay for a (1) A different class of utility service; or
(3) The customer's failure to pay a (2) 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-2, 49-34A-2.1, 49-34A-27. 29 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 thirty 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 the
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 the service is
provided. Such extensions are An extension pursuant to this section is limited to a single
30-day thirty-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-2, 49-34A-27. 30 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.
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 bondsBond 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. 31 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 32 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. 33 20:10:24:04.05. Performance bondsBond 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:
(1) Must be filed with the commission and shall be; and
(2) Is for the benefit of a customer of the applicant. The bond or other security shall
apply the applicant's customers and applies only to customers receiving interexchange
service from the applicant in this state.
(3) Applies only to customers receiving wireline interexchange service that is being
provided in South Dakota this state 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
customers receiving interexchange service in this state. 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 Division
of Insurance of the State of South Dakota authorizing it to execute the same, which
authorizes the company to execute surety bonds.


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, 49-31-117. 34
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.
35 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. 36 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 Repealed. 37 Source: 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. 38 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. 39 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. 40 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. 41 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. 42 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. 43 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. 44 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. 45 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. 46 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. 47 Sectio
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. 48 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. 49 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. 50 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. 51 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. 52 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. 53 20:10:32:03. Certificate of authority for local exchange service -- Application
requirements. A telecommunications company that is required by SDCL chapter 49-31 to
apply to the commission 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 company's name, address, telephone number, web page URL website
address, 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 company is to provide local exchange
services, if different than in subdivision (1) of this section;
(4) A copy of the company's certificate of authority to transact business in this state from
the Office of the Secretary of State;
(5) The location of the applicant's company's principal office, if any, in this state and the
name and address of it’s the company's current registered agent, if applicable;
(6) A list containing the following information about the types of services the applicant
company seeks to offer and how the services will are to be provided:
(a) The classes of customers the applicant company intends to serve;
(b) The date the applicant company is to provide service and the extent to which service is to
be provided through the use of the applicant's company's own facilities, the purchase of
unbundled network elements, or resale;
(c) A description of all facilities that the applicant shall company is to utilize to furnish the
proposed local exchange services, including any facilities of underlying carriers; and 54 (d) The types of services the applicant company seeks authority to provide, with reference to
the general nature of each service;
(7) A description of the applicant's company'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
company;
(9) A service area map or narrative description indicating with particularity the geographic
area proposed to be served by the applicant company;
(10) For The company's balance sheets, cash flow statements, income statements, and other
financial statements 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 or requested by the
commission;
(11) The name, address, telephone number, and e-mail address of the applicant's company's
representative to whom all commission inquiries must be made regarding customer
complaints and other regulatory matters;
(12) The applicant's company's plan to bill and collect charges from customers who subscribe
to its the company's proposed local exchange services;
(13) The applicant's company's policies relating to solicitation of new customers and a
description of the efforts the applicant the company intends to use to prevent the
unauthorized switching of local service customers by the applicant company, its
employees, or agents; 55 (14) How the applicant willThe company's plan to make available to any person information
concerning the applicant's company's current rates, terms, and conditions for all of it’s the
company’s telecommunications services;
(15) How the applicant will notify The applicant's plan for notifying a customer of any
materially adverse change to any rate, term, or condition of any telecommunications
service provided to the customer by the applicant company;
(16) A list of the states in which the applicant company is registered or certified to provide
telecommunications services, together with a statement as to whether the applicant:
(a) Has As to whether the company has ever been denied registration or certification in any
state, and the reasons for any denial; and
(b) Is As to whether the company is in good standing with the appropriate regulatory agency
in any state where it is registered or certified,; and
(c) Providing a detailed explanation of why the applicant company is not in good standing
in a given each state, if where applicable;
(17) The company's federal tax identification number and South Dakota sales tax
number;
(17)(18) A description of how the applicant intends the company's plan to market its local
exchange services, a description of its the target market, a statement as to whether the
applicant company 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 company to provide its proposed local
exchange services as shown by: 56 (a) A description of the education and experience of the applicant’s company's management
personnel who will are to oversee the proposed local exchange services; and
(b) Any policy, personnel decision, or arrangement made by the applicant
company, which demonstrates the applicant’s company'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 The company's plan 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 company 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 company to any local
exchange carrier;
(21)(22) If the applicant company is seeking authority to provide local exchange service
in the service area of a rural telephone company, the date by which the applicant company
expects to meet the service obligations imposed pursuant to § 20:10:32:15 and the
applicant’s company's plan for meeting the service obligations;
(22)(23) A written request for waiver of any rule believed to be inapplicable; and 57 (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 which is necessary to
demonstrate that the applicant has sufficient technical, financial, and managerial capabilities
to provide the proposed local exchange services it intends to offer consistent in compliance
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 The 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 49-31-3, 49-31-5, 49-31-7.1, 49-31-76, 49-31-77, 49-31-85, 49-31-89.
Law Implemented: SDCL 49-31-3, 49-31-12.7, 49-31-69, 49-31-70, 49-31-71, 49-31-76, 49-
31-85, 19-31-89. 58 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. 59 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 A 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),
which meets the outage reporting threshold criteria as described in 47 C.F.R. §§ 4.7 & 4.9
(January 16, 2024). The report to the commission must 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. 60 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. 61 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, Repealed.
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. 62 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. 63 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. 64 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. 65 20:10:37:18. Notice requirements for transmission line construction. Each A
transmission pipeline operator within the jurisdiction of the commission's 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, at least sixty days prior to the commencement of construction, relocation, or
replacement of a pipeline, a notice containing:
(a) Pipeline The operator's name, telephone number, and mailing address;
(b) Estimated The estimated dates construction is scheduled will to begin and end;
(c) Map A map showing the location and proposed route of the pipeline;
(d) Identified Any identified gas transmission Integrity Management Program high
consequence area, if applicable;
(e) Proposed steel pipeline specifications, including The proposed size, weight, grade,
wall thickness, and coating, and any other specification pertaining to pipeline;
(f) Proposed plastic pipe specifications, including The proposed size and, Standard
Dimension Ratio standard dimension ratio, and any other specification pertaining to plastic
pipe;
(g) Proposed The proposed design and maximum allowable operating pressure of the
pipeline;
(h) Pressure The pressure test procedures and method of pressure test testing the pipeline prior
to operations;
(i) Proposed The proposed type of cathodic protection for the pipeline; 66 (j) Minimum The minimum burial depths of the pipeline at time of construction;
(k) Proposed The proposed location and type of pipeline safety equipment for the pipeline;
(l) Proposed The proposed type of highway and water crossing for the pipeline, such as
whether it will be bored and cased, bored only, or trenched;
(m) Written The operator's written construction procedures; and
(n) Name The name of the construction company, if known at the time of filing the Notice
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 manager of any emergency pipeline construction,
relocation, or replacement;
(3) Submit significant construction modifications of the pipeline to the pipeline safety program
manager on an ongoing basis; and
(4) Submit the information below to the commission's pipeline safety program no later
than, at least sixty days prior to the commencement of the pipeline's operation, the
operator's:
(a) Operation and maintenance manual;
(b) Emergency procedures;
(c) Anti-drug and alcohol plan;
(d) Public Awareness awareness plan; 67 (e) Damage prevention program;
(f) Abnormal operations procedures;
(g) Operator's qualification plan Qualification program; and
(h) Integrity Management Plan 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-6, 49-34B-19.
Law Implemented: SDCL 49-34B-3, 49-34B-4, 49-34B-8, 49-34B-19, 49-34B-27. 68 20:10:37:18.01. Notice requirements for liquid natural gas facility construction. An
operator of a liquified natural gas pipeline facility that qualifies as a gas pipeline, as defined in
SDCL 49-34B-1, shall:
(1) Submit to the commission's pipeline safety program manager, at least sixty days prior
to the commencement of construction, relocation, or replacement, a notice containing:
(a) The operator's name, mailing address, and telephone number;
(b) The dates on which construction is scheduled to begin and end;
(c) The type and purpose of the pipeline;
(d) A map showing the location of the pipeline;
(e) The proposed specifications;
(f) The proposed design and maximum allowable operating pressure of the facility;
(g) The pressure test procedures and method of pressure test prior to operations;
(h) The proposed type of cathodic protection;
(i) The proposed location and type of safety equipment;
(j) The operator's written construction procedures;
(k) The 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; 69 (p) Structural specifications; and
(q) The control center location;
(2) In the event of an emergency, as defined in the operator's operations manual, give
telephonic notice to the commission's pipeline safety program manager of any emergency
construction, relocation, or replacement;
(3) Submit significant construction modifications to the pipeline safety program manager; and
(4) Submit to the commission's pipeline safety program manager, at least sixty days prior
to the commencement of operation, the operator's:
(a) Operation and maintenance manual;
(b) Emergency procedures;
(c) Anti-drug and alcohol plan; and
(d) Qualification program.

Source:
General Authority: SDCL 49-34B-4, 49-34B-6, 49-34B-19.
Law Implemented: SDCL 49-34B-3, 49-34B-4, 49-34B-8, 49-34B-19, 49-34B-27.