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South Dakota Public Utilities Commission

For the Period of September 28, 2006 through October 4, 2006

Copies of these items may be found on the PUC Web site at


RM06-003     In the Matter of Revisions and/or Additions to the Commission's General Rules of Practice Codified in ARSD 20:10:01 

The Commission has opened this rulemaking docket to consider the adoption and amendment of some of its procedural rules.  The proposed rule changes will allow for the electronic filing and serving of documents and will otherwise clarify how documents are to be filed.  If a person does not have the ability to file electronically, that person may still file a paper copy.  A number of the rule changes explain how to file electronically, how the commission will serve documents, outline the exceptions for filing electronically, and delete references to requirements for paper copies. See §§ 20:10:01:02.02, 20:10:01:02.05, 20:10:01:09.01, 20:10:01:10, 20:10:01:11.01, 20:10:01:15.02, 20:10:01:22.03, 20:10:01:25, 20:10:01:30.01, and 20:10:01:41.  Proposed rule § 20:10:01:01.02 provides that the circuit court rules of civil procedure will apply unless otherwise stated.  The changes to the rules will also differentiate between complaints filed by consumers and complaints filed by one utility against another utility.  See §§ 20:10:01:01.01, 20:10:01:02.03, 20:10:01:07.01, 20:10:01:08.01, 20:10:01:08.02, 20:10:01:09, and 20:10:01:22.03.  The differences in the treatment of complaints are intended to make it easier for a consumer to file a complaint when compared to a complaint filed by a utility.  Proposed rule § 20:10:01:02.04 revises the requirements for stipulations by deleting the requirement that all parties must sign a stipulation.  Other rule changes clarify that those rules apply to all contested cases, not just complaints.  See §§ 20:10:01:15 and 20:10:01:15.01.  Other proposed rules clarify the filing of interventions and answers to interventions.  See §§ 20:10:01:15.02, 20:10:01:15.04, and 20:10:01:15.05.  Proposed rule § 20:10:01:16 revises the procedures for filing amended pleadings.  Some changes clarify the filing of exhibits or technical documents during a hearing.  See §§ 20:10:01:22.07, 20:10:01:24, and 20:10:01:24.01.  Proposed rule § 20:10:01:25 requires a party to file proposed findings of fact only if requested by the Commission.  Other proposed rules revise the filing of declaratory rulings and the timeline for Commission action.  See §§ 20:10:01:34 and 20:10:01:35.  Finally, the proposed changes revise the treatment and filing of confidential information.  See §§ 20:10:01:39, 20:10:01:40, and 20:10:01:41.   

Attorney:  Rolayne Ailts Wiest
Hearing Date:  11/07/06
Written Comments Due:  11/17/06 

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