State Codes and Statutes

Statutes > South-dakota > Title-49 > Chapter-34a > Statute-49-34a-17

49-34A-17. Implementation of proposed rate or practice--Accounts of customer payments--Refund of excess--Time limit. The public utility may implement the proposed rate or practice if:
(1) The proposed rate or practice has not been suspended or is no longer subject to suspension;
(2) The commission has not issued a final decision; and
(3) Thirty days has passed from the date of filing.
In the case of a proposed increased rate, the commission may, by order, require the public utility to keep an accurate account in detail of all amounts received by reason of the increase, specifying by whom and in whose behalf the amounts are paid. Upon completion of the hearings and decision, the commission may by further order require the public utility to refund, with interest, to customers, the portion of the increased rates found to be unjust, unreasonable, or discriminatory. The refund shall be carried out as provided in §§ 49-34A-22 and 49-34A-23. If the commission does not issue a final decision within twelve months from the date the proposed rate or practice was filed, the commission may not require a refund of increased rates charged after the twelve months.

Source: SL 1975, ch 283, § 8; SL 1976, ch 296, § 17; SL 1977, ch 392, § 1; SL 2008, ch 242, § 2.