CHAPTER 49-34A

GAS AND ELECTRIC UTILITIES REGULATION

49-34A-1    Definition of terms.

49-34A-2    Service required of utilities.

49-34A-2.1    Refusal of service without permission of commission prohibited--Exceptions--Violation as petty offense--Separate offenses.

49-34A-3    Unreasonable preferences and prejudices prohibited--Violation as petty offense--Separate offenses.

49-34A-4    Regulatory powers of commission--Rules.

49-34A-5    Municipal authority terminated.

49-34A-6    Rates to be reasonable and just--Regulation by commission.

49-34A-7    System of accounts.

49-34A-8    Criteria for determination of rates by commission.

49-34A-8.1    Policy to alleviate financial burden of pricing structure.

49-34A-8.2    Incentive rates for improved performance and efficiency.

49-34A-8.3    Business development rates--Public interest exception.

49-34A-8.4    Burden on public utility to establish criteria for determination of rates.

49-34A-9    Deviation from schedules of rates and charges prohibited--Violation as petty offense--Separate offenses.

49-34A-10    Tariffs and schedules filed by utilities--Public inspection.

49-34A-11    Burden of proving reasonableness of rates.

49-34A-12    Change in rates--Notice to commission and affected customers.

49-34A-13    Hearing on rate changes.

49-34A-13.1    Persons permitted to appear before commission or submit comments--Disclosure of identity and interest--Party status controlled by statutes and rules.

49-34A-14    Suspension of proposed rate or practice pending hearing--Time.

49-34A-15    49-34A-15. Repealed by SL 1976, ch 296, § 30.

49-34A-16    Delay in effectuation of suspended rate schedule pending disposition of previously filed changes--Time--Violation as petty offense--Separate offenses.

49-34A-17    Implementation of proposed practice, proposed rate, or lower rate--Rate design--Accounts of customer payments--Refund of excess--Time limit.

49-34A-18    49-34A-18. Repealed by SL 1976, ch 296, § 30.

49-34A-19    Costs and revenue considered in determining rates--Acquisition cost of property as alternative--Projected income and expenses.

49-34A-19.1    Separate accounts required for nonutility business--Profits and losses considered by commission.

49-34A-19.2    Disallowance for rate purposes of unreasonable profits of affiliates in sales or services to utility.

49-34A-20    Rate increases not required to prevent competition.

49-34A-21    Determination of rates--Order--Maximum rate--Classification adjustment.

49-34A-22    Future rate reduction or credit as alternative to refund of excess charges pending determination on increases.

49-34A-23    Action by commission for refund of excess charges pending determination on increase--Costs recovered--Limitation of actions.

49-34A-24    Municipal taxes on utilities passed on to customers.

49-34A-25    Automatic adjustment of rates for changes in energy, fuel and gas costs, ad valorem taxes paid or commission approved fuel incentives--Revised rate schedule filed by utility--Filing of bond if commission orders--Order of commission--Appeal.

49-34A-25.1    Approval of tariff mechanisms for automatic annual adjustment of charges for jurisdictional costs of new or modified transmission facilities.

49-34A-25.2    Approval, rejection, or modification of certain tariffs--Notice and hearing.

49-34A-25.3    Filing for annual rate adjustments--Contents.

49-34A-25.4    Standards for approval of annual rate adjustments.

49-34A-26    Investigation of rates or services by commission--Notice--Action.

49-34A-27    Standards, classifications, regulations or practices fixed by commission--Measuring devices--Quality control--Filing with commission.

49-34A-28    49-34A-28. Repealed by SL 1976, ch 296, § 30.

49-34A-29    Issue of security or assumption of liability by utility prohibited unless authorized by commission.

49-34A-30    Short-term obligations permitted without commission approval--Maximum outstanding.

49-34A-31    Prompt disposition of applications on securities and obligations--Continuance.

49-34A-32    Findings required to permit issue of securities or assumption of obligation.

49-34A-33    Order permitting issue of securities or assumption of obligations--Supplemental orders.

49-34A-34    Application of security or proceeds in contravention of order prohibited unless commission consents.

49-34A-35    Sale, lease, disposition, purchase, merger, or consolidation prohibited unless authorized by commission--Certain transactions excepted.

49-34A-36    Investigation of proposed disposition of property--Time for decision.

49-34A-37    Purchase of voting stock in other utilities prohibited without commission's consent--Violation as petty offense--Separate offenses.

49-34A-38    49-34A-38, 49-34A-38.1. Repealed by SL 2007, ch 270, §§ 4, 5.

49-34A-39    Investigation of condition of public utilities--Hearings.

49-34A-40    Commission access to utility premises to examine, test and inspect--Utility's right to representation--Utilities to cooperate and assist.

49-34A-41    Order for production of utility books and records--Out-of-state records.

49-34A-42    Electric utility's exclusive rights in assigned service area--Connecting facilities in another area.

49-34A-43    Boundaries of assigned service areas--Contracts between utilities--Service areas within municipalities.

49-34A-44    Maps of service areas to be filed by electric utilities--Boundaries assigned by commission order--Adjustment of intertwined service areas--Protest of assigned service areas.

49-34A-45    Payments to municipality from revenues of cooperative providing electric service within municipality.

49-34A-46    Payments to municipality owning electric system from revenues of electric utility operating within municipality.

49-34A-47    Time of payments to municipality.

49-34A-48    Electric utility's right to continue service in area annexed to municipality.

49-34A-49    Municipal offer to purchase electric facilities in annexed area.

49-34A-50    Purchase price for electric facilities in area annexed by municipality.

49-34A-51    Application for determination by commission of price for municipal purchase of electric facilities in annexed area.

49-34A-52    Acknowledgment by utility of municipal offer to purchase facilities in annexed area--Obligations of parties.

49-34A-53    49-34A-53. Repealed by SL 1992, ch 330, § 2.

49-34A-53.1    Purchase of facilities in territory annexed after July 1, 1975--Time limit--Determination of gross revenue.

49-34A-54    Purchase by utility of areas disannexed by municipality.

49-34A-55    Sale or exchange of rights and property allowed between municipalities and utilities.

49-34A-56    Large new customers not required to take service from assigned utility--Notice and hearing by commission--Factors considered.

49-34A-57    Extension of lines to serve utility's or municipality's own property.

49-34A-58    Adequacy of service determined by commission--Notice and hearing--Order to correct inadequacy--Transfer of rights on failure to comply.

49-34A-59    Notice and hearing on violation of service area provisions--Time for decision.

49-34A-60    49-34A-60. Repealed by SL 1976, ch 296, § 30.

49-34A-61    Burden of proof on party seeking to modify or vacate commission order.

49-34A-61.1    Rehearings--Application--Grant or refusal--Time--Orders not stayed unless commission directs.

49-34A-62    Parties entitled to rehearings and appeals--Procedure.

49-34A-63    49-34A-63, 49-34A-64. Repealed by SL 1976, ch 296, § 30.

49-34A-65    Bond required when stay or suspension granted--Other security in addition or in lieu--Refund of increase not allowed on appeal.

49-34A-66    Violation of law or commission order--Civil penalty.

49-34A-67    Each violation or day's continuation as separate offense.

49-34A-68    Penalties cumulative--Single action does not bar other remedies.

49-34A-69    Commission to refer violations to attorney general.

49-34A-70    Preference on calendar for proceedings under chapter.

49-34A-71    Chapter complete--Laws in conflict repealed.

49-34A-72    Commission participation in federal proceedings--Recovery of expenses.

49-34A-73    Phase in rate plan for rate increases due to plant additions.

49-34A-73.1    Plant additions defined.

49-34A-74    Approval of phase in rate plan--Conditions.

49-34A-75    Review of reasonableness of rates under phase in rate plan--Adjustment.

49-34A-76    Filing of general rate case after end of phase in rate plan--Exception.

49-34A-77    Filing fee for phase in rate plan.

49-34A-78    Nonapproval of application for phase in rate plan.

49-34A-79    Public or electric utilities authorized to remove certain obstructions.

49-34A-80    Certain commercial small power production facilities subject to 49-34A-80 to 49-34A-92.

49-34A-81    49-34A-81. Repealed by SL 2003, ch 49, § 4.

49-34A-82    Definitions.

49-34A-83    Refund or credit of certain taxes for construction of certain power production facilities.

49-34A-84    Requirements for refund.

49-34A-85    Amount of refund.

49-34A-86    Application for refund--Refund claim not assignable--Exception.

49-34A-87    Secretary to prescribe form and documentation requirements.

49-34A-88    Deadline for submitting claim for refund--Department to withhold percentage of refund.

49-34A-89    Withheld amounts paid at completion of project.

49-34A-90    Fraudulent claim--Refunded sums constitute lien in favor of state.

49-34A-91    Right to hearing on denial of refund claim.

49-34A-92    Promulgation of rules.

49-34A-93    Implementation of and compliance with certain federal energy acts.

49-34A-94    Renewable electricity and recycled energy defined.

49-34A-95    Renewable energy credits for electricity authorized.

49-34A-96    Promulgation of rules regarding renewable energy credit system.

49-34A-97    Approval of tariff mechanisms for automatic annual adjustment of charges for environmental improvements.

49-34A-98    Approval, rejection, or modification of certain electric service tariffs.

49-34A-99    Annual rate adjustment filings for certain electric service tariffs.

49-34A-100    Approval, rejection, or modification of annual rate adjustment.

49-34A-101    State renewable, recycled, and conserved energy objective established.

49-34A-102    Qualifications for meeting renewable, recycled, and conserved energy objective.

49-34A-103    Calculation of amount of electricity from renewable, recycled, and conserved energy source.

49-34A-104    Evaluation of use as reasonable and cost effective.

49-34A-105    Annual reports concerning renewable, recycled, and conserved energy objective.

49-34A-106    Purchase and retirement of renewable energy and recycled energy credits.

49-34A-107    Separation and protection of assets of gas and electric utilities.

49-34A-108    Electric utility to file rates for purchases of electricity produced by small renewable power facilities.

49-34A-109    Definitions.

49-34A-110    Responsibility for safety and reliability of farm tap distribution system.

49-34A-111    Liability of farm tap service provider.

49-34A-112    Repealed.

49-34A-113    Repealed.

49-34A-114    Repealed.

49-34A-115    Repealed.