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South Dakota Public Utilities Commission Declaratory Ruling Procedures
Promoting Proper Procedure for Declaratory Rulings

The South Dakota Public Utilities Commission encourages South Dakotans and utilities to read South Dakota Administrative Rules 20:10:01:34 and 20:10:01:35 carefully before filing a petition for declaratory ruling. Administrative Rules can be found online at https://sdlegislature.gov/Rules/Administrative.  The PUC handles declaratory rulings pursuant to our administrative rules, as well as the provisions of SDCL 1-26-15.

ARSD 20:10:01:34 requires a petition for declaratory ruling to include the facts and circumstances which give rise to the question to be answered by the commission.  Therefore, unless other facts are stipulated upon by the parties, the commission’s ruling will be based upon the facts presented in the petition. 

Upon receipt and consideration of a petition for declaratory ruling, the commission may, at its discretion, issue a declaratory ruling or decline to consider the petition. 

Pursuant to ARSD 20:10:01:35, the commission will issue its declaratory ruling within 60 days after the filing of the petition or within 60 days following the receipt of further requested information from the petitioner, unless the petitioner has agreed to a longer period of time.

CONTACT: South Dakota Public Utilities Commission, (605) 773-3201

Rev. 09/26/2024