2015 House Bill 1120 - House

State of South Dakota  
NINETIETH SESSION
LEGISLATIVE ASSEMBLY, 2015  

625W0408   HOUSE ENGROSSED    NO.  HB 1120 -  02/04/2015  

Introduced by:    Representatives Willadsen, Bartling, Beal, Gosch, Hawley, Heinemann (Leslie), Kirschman, Langer, Novstrup (Al), Otten (Herman), Rounds, Rozum, Schoenbeck, Solum, Stalzer, Verchio, and Wiik and Senators Soholt, Haggar (Jenna), Hunhoff (Bernie), Lederman, Novstrup (David), Peterson (Jim), Rave, Tieszen, and White
 

        FOR AN ACT ENTITLED, An Act to revise the provisions related to phase in rate plans for plant additions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 49-34A-73 be amended to read as follows:
    49-34A-73. Notwithstanding anything in this chapter to the contrary, an electric utility that is subject to rate regulation by the commission and plans plant additions that are expected to have a material impact on rates may make application to the commission for a phase in rate plan to provide for the phase in of expected rate increases prior to the commercial operations of the resulting from plant additions. The plan may provide for any of the following:
            (1)    Rate increases to be incrementally phased in prior to the commencement of commercial operation of the plant additions;
            (2)    To the extent rate increases for plant additions are allowed prior to commercial operation, restrictions on the capitalization of allowance for funds used during

construction for the plant additions;

            (3)    Restrictions on other rate increases; and
            (4)    Any other conditions which benefit the public interest and may be imposed by the commission consistent with the findings in § 49-34A-74.
    Section 2. That § 49-34A-74 be amended to read as follows:
    49-34A-74. The commission may approve a phase in rate plan as provided in § 49-34A-73 if:
            (1)    The electric utility makes application for a phase in rate plan prior to the commencement of construction or acquisition or during construction, or prior to acquisition of the plant additions;
            (2)    The electric utility files with the application a full cost of service analysis as required for general rate increases including a projection of costs and revenue requirements to the date of the anticipated commercial operation of the plant additions or through the term of the new power purchases;
            (3)    The commission affords an opportunity for a hearing with notice given as required for any rate increase; and
            (4)    The commission finds that the phase in rate plan is likely to enhance adequate utility service, rate stability, the financial stability of the electric utility, reasonable capital costs, just and reasonable rates, a fair rate of return, and other considerations that benefit the public interest.