CHAPTER 20:10:21
ENERGY FACILITY PLANS
Section
20:10:21:01 Terms.
20:10:21:02 Ten-year plans.
20:10:21:03 Contents of plans.
20:10:21:04 Existing energy conversion facilities.
20:10:21:05 Proposed energy conversion facilities.
20:10:21:06 Existing transmission facilities.
20:10:21:07 Proposed transmission facilities.
20:10:21:08 Coordination of plans.
20:10:21:09 Single regional plans.
20:10:21:10 Submission of regional plan.
20:10:21:11 Utility relationships.
20:10:21:12 Efforts to minimize adverse effects.
20:10:21:13 Efforts relating to load management.
20:10:21:14 List of reports.
20:10:21:15 Changes in status of facilities.
20:10:21:16 Projected electric demand.
20:10:21:17 Changes in electric energy.
20:10:21:18 Map of service area.
20:10:21:19 Individual utility plans.
20:10:21:20 Biennial filing.
20:10:21:21 Subsequent plans.
20:10:21:22 Places of filing.
20:10:21:23 Notice of filing.
20:10:21:24 Copy on request.
20:10:21:25 Form for plans.
20:10:21:01. Terms. Terms defined in SDCL 49-41B-2 or 49-41B-37 have the same meaning in this chapter.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-35.
20:10:21:02. Ten-year plans. As appropriate, each electric utility shall biennially develop a 10-year plan.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3, 49-41B-35.
20:10:21:03. Contents of plans. A 10-year plan shall contain, as appropriate to the filing utility, information in the sequence provided in §§ 20:10:21:04 to 20:10:21:18, inclusive, as well as the information required by SDCL 49-41B-3.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3, 49-41B-35.
20:10:21:04. Existing energy conversion facilities. For existing energy conversion facilities, that are owned or operated by the utility to serve South Dakota load, the utility shall provide information as follows:
(1) Location;
(2) Type and nameplate capacity;
(3) Net capacity and annual production in megawatt hours for each of the past two calendar years;
(4) Water source and actual annual use and consumption in acre feet for each of the past two calendar years;
(5) Fuel type and source and annual consumption of fuel for each of the past two calendar years;
(6) Projected date of removal from service and the reason for removal; and
(7) Decommissioning plans for any facility expected by the facility owner to be retired in the next ten years.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 47 SDR 125, effective May 30, 2021.
General Authority: SDCL 49-41B-35.
Law Implemented: SDCL 49-41B-3(1), 49-41B-3(4).
20:10:21:05. Proposed energy conversion facilities. For proposed energy conversion facilities for the ensuing 10 calendar years the utility shall provide information as it becomes available as follows:
(1) General location and reasons for the selection;
(2) Probable type and nameplate capacity;
(3) Projected annual production in megawatt hours;
(4) Proposed water source and point of withdrawal, estimated maximum and rate of withdrawal, estimated maximum and annual use and consumption in acre feet;
(5) Proposed fuel type and source, estimated maximum and annual consumption of fuel, and, if known, proposed means for transporting fuel to the facility;
(6) Proposed plans for waste disposal and monitoring of emissions and wastes, as known;
(7) Description of anticipated associated facilities;
(8) Projected operating life from fuel source in this state, if any;
(9) Projected date of removal from service; and
(10) Total estimated capital.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3(1), 49-41B-3(4).
20:10:21:06. Existing transmission facilities. For existing transmission facilities, which are facilities through which electricity is being transmitted, the utility shall provide information as follows:
(1) Location;
(2) Type and transmission voltage; and
(3) Projected date of removal from service and reason for removal.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3(1), 49-41B-3(4).
20:10:21:07. Proposed transmission facilities. For proposed transmission facilities for the ensuing 10 calendar years, the utility shall provide information as follows:
(1) General anticipated location and reasons for the selection;
(2) Probable type and proposed transmission voltage;
(3) Description of anticipated associated facilities;
(4) Projected date of removal from service; and
(5) Total estimated capital cost.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3(1), 49-41B-3(4).
20:10:21:08. Coordination of plans. The utility shall provide a statement describing how the utility's plan or plans coordinate with those of other utilities serving the region.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3(2), 49-41B-3(4).
20:10:21:09. Single regional plans. The utility shall state whether the proposed facilities comprise all or part of a single regional plan.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3(2), 49-41B-3(4).
20:10:21:10. Submission of regional plan. If proposed facilities comprise all or part of a regional plan, the utility shall submit the plan.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3(2), 49-41B-3(4).
20:10:21:11. Utility relationships. The utility shall describe any relationship of the utility to other utilities and regional associations, power pools, and networks.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3(2), 49-41B-3(4).
20:10:21:12. Efforts to minimize adverse effects. The utility shall provide a detailed statement describing methodology used and efforts of the utility to identify, minimize, or avoid adverse environmental, social, economic, health, public safety, and historic or aesthetic preservation effects.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-1, 49-41B-3(4), 49-41B-22(2).
20:10:21:13. Efforts relating to load management. The utility shall provide a statement describing its efforts toward efficient load management.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-1, 49-41B-3(3), 49-41B-3(4).
20:10:21:14. List of reports. The utility shall provide a list of all reports or studies filed or proposed to be filed with federal or other state agencies relating to the proposed facilities.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3(4), 49-41B-35.
20:10:21:15. Changes in status of facilities. The utility shall provide a list of changes in status of the utility's facilities during the past two years or since submission of its last previous 10-year plan.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3(1), 49-41B-3(4).
20:10:21:16. Projected electric demand. The utility shall provide a statement of the projected demand, both in-state and out-of-state, for the electric service to be rendered by the utility for each of the ensuing ten years.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3(3), 49-41B-3(4).
20:10:21:17. Changes in electric energy. The utility shall present a table showing the increase or decrease of projected electric energy demand and allocation by volume and percentage for each year relative to the prior year.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3(3), 49-41B-3(4).
20:10:21:18. Map of service area. The utility shall include a map or maps indicating the specific geographic location of the utility's service area or areas.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3(3), 49-41B-3(4).
20:10:21:19. Individual utility plans. A plan required by the Act shall be submitted by each individual utility and may include appropriate portions of a regional plan or of joint proposals of two or more utilities.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3, 49-41B-35.
20:10:21:20. Biennial filing. The 10-year plans shall be filed biennially with the commission by July 1 of each even-numbered year. The 10-year plan shall apply to the 10-year period beginning January 1 of the year in which it is filed.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3, 49-41B-35.
20:10:21:21. Subsequent plans. After the first 10-year plan has been filed, subsequent biennial plans may refer to and incorporate relevant portions of any prior plan, with additions, deletions, and modifications. Changes in subsequent plans shall be clearly cross-referenced to prior reports.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3, 49-41B-35.
20:10:21:22. Places of filing. The plan shall be electronically filed with the commission. A copy of each plan shall also be filed by the utility with the county auditor of each county designated by the commission within 15 days after the commission has made the designation.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 47 SDR 125, effective May 30, 2021.
General Authority: SDCL 49-41B-35.
Law Implemented: SDCL 49-41B-3, 49-41B-35.
20:10:21:23. Notice of filing. Public notice of a plan filing shall be provided to the following state agencies and officers and, within 10 days of designation, to any other governmental agencies or bodies designated by commission order:
(1) Aeronautics Commission;
(2) Department of Agriculture and Natural Resources;
(3) Attorney General;
(4) Department of Commerce;
(5) Governor's Office of Economic Development;
(6) Department of Education and Cultural Affairs;
(7) State Engineer;
(8) Department of Game, Fish and Parks;
(9) State Geologist;
(10) Governor;
(11) Department of Health;
(12) Indian Affairs Commission;
(13) Department of Labor and Regulation;
(14) Legislative Research Council;
(15) Department of School and Public Lands; and
(16) Department of Transportation.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 86, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; SL 2003, ch 272 (Ex. Ord. 03-01), § 32; SL 2011, ch 1 (Ex. Ord. 11-01), §§ 33, 34; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
General Authority: SDCL 49-41B-35.
Law Implemented: SDCL 49-41B-3, 49-41B-35.
20:10:21:24. Copy on request. The utility shall provide a copy of a plan, upon written request and without cost, to any agency or officer named in § 20:10:21:23 or designated by the commission under the provisions of that section.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3, 49-41B-35.
20:10:21:25. Form for plans. Plans submitted under this chapter shall present the information in the sequence provided in this chapter and shall be typed or printed on 8 1/2 by 11 inch paper. Maps submitted shall be folded to 8 1/2 by 11 inches, with the title block appearing in one of the bottom corners.
Source: 4 SDR 7, effective November 13, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-41B-35.
Law Implemented:SDCL 49-41B-3, 49-41B-35.