S.D. Admin. R. 20:10:01:35 - Commission action on petition
Upon receipt of the petition for declaratory ruling, the commission may request from petitioner further information as may be required for the issuance of its ruling. Unless the petitioner agrees to a longer period of time, the commission shall issue its declaratory ruling within 60 days after the filing of the petition or within 60 days following the receipt of further requested information.
General Authority: SDCL 49-1-11(5).
Law Implemented: SDCL 1-26-15, 49-1-11(5).
Declaratory Ruling: The Public Utilities Commission has filed a declaratory ruling with the Legislative Research Council in the matter of the petition of West River Electric Association, Inc. for a ruling regarding service territory rights concerning Black Hills Power, Inc. and West River Electric Association, Inc. The Commission declared that the provision of electric service by Black Hills Power, Inc. to a certain portion of the Rapid City Waste Treatment Facility violated SDCL 49-34A-42 by rendering electric service at retail within the territory of West River Electric Association, Inc. Declaratory Ruling EL02-003 dated September 24, 2002. The commission's Declaratory Ruling EL02-003 was reversed by the South Dakota Supreme Court in In re West River Elec. Ass'n. Inc., 2004 SD 11, 675 N.W. 2d 222, Util. L. Rep. P 26,872.
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