Administrative Rule 20:10:26 | South Dakota Legislature

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Rule 20:10:26 MASTER METERING VARIANCE RULES

CHAPTER 20:10:26

MASTER METERING VARIANCE RULES

Section

20:10:26:01 Definitions.

20:10:26:02 Beginning of construction.

20:10:26:03 Individual metering -- When required.

20:10:26:04 Individual metering -- When not required.

20:10:26:05 Information required in variance application.

20:10:26:06 Notice requirements if no hearing is requested.

20:10:26:07 Commission action upon a request for hearing.

20:10:26:08 Commission decision on variance application.

Rule 20:10:26:01 Definitions.

20:10:26:01. Definitions. Terms used in this chapter mean:

(1) "Existing mobile home court and trailer park," a mobile home court or trailer park where construction began before June 13, 1980;

(2) "Existing multiple-occupancy building," a multiple-occupancy building where construction began before June 13, 1980;

(3) "Individually metered service," either gas service or electric service, or both, provided to one residential or commercial unit through a single meter for each service which serves only that unit and no other unit;

(4) "Master metered service," either gas service or electric service, or both, provided to more than one residential or commercial unit through a single meter for each service;

(5) "Master metering variance," commission approval to depart from the requirements for individual metering, allowing master metering or any combination of metering;

(6) "Mobile home court or trailer park," a mobile home court or trailer park in which residency is predominantly permanent and not highly transient, such as seasonal campgrounds for recreational vehicles or trailers used for recreation or vacations;

(7) "Multiple-occupancy building," a building which has more than one residential or commercial unit;

(8) "New mobile home court or trailer park," a mobile home court or trailer park where construction began after June 13, 1980; and

(9) "New multiple-occupancy building," a multiple-occupancy building where construction began after June 13, 1980.

Source: 18 SDR 26, effective August 7, 1991.

General Authority: SDCL 49-1-11, 49-34A-4.

Law Implemented: SDCL 49-34A-4, 49-34A-27.

Collateral References: In the Matter of the Investigation of Master Metering, Docket F-3237, Decision and Order dated June 13, 1980 (Errata Notice dated December 22, 1980); In the Matter of the Investigation of Master Metering , Docket F-3237, Decision and Order dated July 24, 1981; In the Matter of the Petition For Declaratory Ruling by S&D Metering, Ltd., F-3621, Declaratory Ruling and F-3237, Modifying in Part, Decision and Order dated October 2, 1986.

Rule 20:10:26:02 Beginning of construction.

20:10:26:02. Beginning of construction. For the purposes of this chapter, construction begins when preparation of the site has begun.

Source: 18 SDR 26, effective August 7, 1991.

General Authority: SDCL 49-1-11, 49-34A-4.

Law Implemented: SDCL 49-34A-4, 49-34A-27.

Rule 20:10:26:03 Individual metering -- When required.

20:10:26:03. Individual metering -- When required. Individual gas metering or electric metering, or both, shall be required under the following circumstances for all gas and electric utilities under the commission's jurisdiction:

(1) For new multiple-occupancy buildings;

(2) For new mobile home parks and trailer courts;

(3) For an existing multiple-occupancy building receiving either master metered gas service or electric service, or both, which is substantially remodeled or renovated, beginning after June 13, 1980, for continued use as a multiple-occupancy building. Either gas service or electric service, or both, shall be individually metered to the units of the building after completion of the remodeling or renovation. However, if the owner of the building can demonstrate to the commission that converting the building to individual meters after the remodeling or renovation is impractical, uneconomical, or infeasible, the commission may grant the owner a master metering variance allowing the building to remain master metered after the remodeling or renovation. The commission shall not consider expenditures made prior to the filing of the application in its determination of what is impractical, uneconomical, or infeasible; and

(4) For any multiple-occupancy building constructed, owned or operated with funds appropriated through the department of housing and urban development, or any other federal or state government agency, unless a formal regulation of the funding agency requires master metering.

Source: 18 SDR 26, effective August 7, 1991.

General Authority: SDCL 49-1-11, 49-34A-4, 49-34A-27.

Law Implemented: SDCL 49-34A-4, 49-34A-27.

20:10:26:04. Individual metering -- When not required. Individual meters are not required and no variance need be requested:

(1) For residential multiple-occupancy buildings consisting of only two units, of which one unit is occupied by the owner of the building;

(2) For hospitals, nursing homes, transient hotels and motels, dormitories, campgrounds, and other residential facilities of a strictly transient nature;

(3) For existing multiple-occupancy buildings that currently receive either master metered gas service or electric service, or both;

(4) For existing mobile home courts and trailer parks;

(5) For multiple-occupancy residential buildings where gas service is used only for either gas ranges or gas dryers, or both; or

(6) For multiple-occupancy buildings that have central heating or cooling systems, central ventilating systems, or central water heating systems. However, the applicant shall notify the commission so it may determine whether the applicant's system falls within this exception or whether the applicant is required to file an application for a variance.

If a building falls within one of the subdivisions listed in § 20:10:26:03 and does not fall within one of the exceptions listed in this rule, the applicant may file an application for a variance with the commission consistent with this chapter.

Source: 18 SDR 26, effective August 7, 1991; 50 SDR 125, effective May 6, 2024.

General Authority: SDCL 49-34A-4, 49-34A-27.

Law Implemented: SDCL 49-34A-4, 49-34A-27.

Collateral References: In the Matter of the Investigation of Master Metering, Docket F-3237, Decision and Order dated June 13, 1980 (Errata Notice dated December 22, 1980); In the Matter of the Investigation of Master Metering , Docket F-3237, Decision and Order dated July 24, 1981; In the Matter of the Petition For Declaratory Ruling by S&D Metering, Ltd., F-3621, Declaratory Ruling and F-3237, Modifying in Part, Decision and Order dated October 2, 1986.

Rule 20:10:26:05 Information required in variance application.

20:10:26:05. Information required in variance application. The applicant for a master metering variance shall serve on the commission, with a copy to the affected utility company, an application for the variance. The information required in the application for a variance shall include the following:

(1) The type of project or structure for which a variance is sought;

(2) A reference to the section of this chapter under which the variance is requested;

(3) The reasons for granting a variance, including cost-effectiveness, energy efficiency, and energy conservation effects; and

(4) Whether a hearing is also requested.

The application may also include any affidavits, exhibits, or other information which would support granting a variance.

Source: 18 SDR 26, effective August 7, 1991.

General Authority: SDCL 49-1-11, 49-34A-4, 49-34A-27.

Law Implemented: SDCL 49-34A-4, 49-34A-27.

Collateral References: In the Matter of the Investigation of Master Metering, Docket F-3237, Decision and Order dated June 13, 1980 (Errata Notice dated December 22, 1980); In the Matter of the Investigation of Master Metering , Docket F-3237, Decision and Order dated July 24, 1981; In the Matter of the Petition For Declaratory Ruling by S&D Metering, Ltd. , F-3621, Declaratory Ruling and F-3237, Modifying in Part, Decision and Order dated October 2, 1986.

20:10:26:06. Notice requirements if no hearing is requested. If the applicant has not requested a hearing, the commission must serve notice on the affected utility company and all parties within fifteen days after receipt in the commission's offices of a variance application that is in compliance with the provisions of § 20:10:26:05. The parties served notice of the variance request have fifteen days to respond to the notice. Failure of the parties to request a hearing within fifteen days after service of the notice is considered a waiver of hearing.

If the hearing is waived, the commission must consider the application without a hearing and enter its decision.

Source: 18 SDR 26, effective August 7, 1991; 50 SDR 125, effective May 6, 2024.

General Authority: SDCL 49-34A-4, 49-34A-27.

Law Implemented: SDCL 49-34A-27.

Rule 20:10:26:07 Commission action upon a request for hearing.

20:10:26:07. Commission action upon a request for hearing. If the applicant or any party requests a hearing, the commission shall serve notice of the hearing on the affected utility company and all parties and may establish a procedural schedule.

Source: 18 SDR 26, effective August 7, 1991.

General Authority: SDCL 49-1-11, 49-34A-4, 49-34A-27.

Law Implemented: SDCL 49-34A-4, 49-34A-27.

Rule 20:10:26:08 Commission decision on variance application.

20:10:26:08. Commission decision on variance application. Unless good cause is shown for extending the time to rule on the variance application, the commission shall make a final decision on the application within 60 days after receipt of a complete application.

Source: 18 SDR 26, effective August 7, 1991.

General Authority: SDCL 49-1-11, 49-34A-4, 49-34A-27.

Law Implemented: SDCL 49-34A-4, 49-34A-27.

Online Archived History:

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