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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. Declaratory rulings at the PUC are processed and viewed as uncontested cases. Administrative Rules can be found online at https://sdlegislature.gov/Rules/Administrative.

In each declaration, the Commission will consider the petition’s description of the circumstances, apply the law, and reach a declaratory ruling. All petitions will be publicly available. The Commission’s declaration will provide guidance and remove uncertainty regarding the circumstances in the petition.

Because declaratory rulings at the PUC are specific to an individual petitioner’s version of the situation and processed and issued as uncontested, intervention by interested parties is not allowed. Written comments from the public will be accepted and may be utilized by the Commission during processing of the petition and further questioning of the petitioner.

After initial review of a declaratory ruling request, the Commission may, using its discretion, refuse to consider a petition. If the Commission denies a petition, the petitioner will be informed, in writing, why the petition was denied. Reasons for denial may include that the question raised requires more than the Commission's informal adjudication; the petition suggests the matter requires a quasi-judicial resolution of the technical and factual issues raised by the petitioner; the declaration requires more than the analytic challenge typically required in declaratory ruling procedures; or that the Commission determines a contested case proceeding and a full record are more appropriate than a prompt disposition in a declaratory ruling.

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.

LEGAL CONTACT: Adam de Hueck, South Dakota Public Utilities Commission,
(605) 773-3201