South Dakota § 49-47-4 Complaint of failure to comply with chapter--Decision by commission.

South Dakota Statutes

§ 49-47-4 — Complaint of failure to comply with chapter--Decision by commission.

South Dakota § 49-47-4

Title 49PUBLIC UTILITIES AND CARRIERS

Ch. 49-47STRAY ELECTRICAL CURRENT AND VOLTAGE REMEDIATION

This text of South Dakota § 49-47-4 (Complaint of failure to comply with chapter--Decision by commission.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 49-47-4 (2026).

Text

A dairy producer or utility may file a complaint with the commission claiming that there has been a failure to comply with this chapter. The commission has exclusive, initial jurisdiction to determine:

(1)Whether the dairy producer has provided the requisite notice to the electric utility;

(2)Whether the dairy producer has cooperated with the electric utility to allow the utility to complete measuring and testing;

(3)Whether a utility has complied with the commission rules regarding measurement of stray current or voltage;

(4)Whether the utility's measurements demonstrated stray current or voltage at or above the preventive action level;

(5)Whether the utility has properly identified that portion of the stray current or voltage at cow contact points attributable to the

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A dairy producer or utility may file a complaint with the commission claiming that there has been a failure to comply with this chapter. The commission has exclusive, initial jurisdiction to determine: (1) Whether the dairy producer has provided the requisite notice to the electric utility; (2) Whether the dairy producer has cooperated with the electric utility to allow the utility to complete measuring and testing; (3) Whether a utility has complied with the commission rules regarding measurement of stray current or voltage; (4) Whether the utility's measurements demonstrated stray current or voltage at or above the preventive action level; (5) Whether the utility has properly identified that portion of the stray current or voltage at cow contact points attributable to the utility's distribution system; and (6) Whether the utility has complied with its remediation obligation under this chapter. After opportunity for hearing, the commission shall issue a decision finding whether this chapter has been complied with or not. If one or more provisions of this chapter have not been complied with, the commission shall order compliance within a period of time prescribed by the commission. The commission shall assess its costs associated with the complaint equally between the dairy producer and the utility.