49-34A-25.2. Approval, rejection, or modification of certain tariffs--Notice and hearing.Upon filing of an application consistent with rules promulgated by the commission by any public utility providing transmission service, the commission may approve, reject, or modify, after notice, hearing, and comment, a tariff that:(1)Allows the public utility to recover on a timely basis the costs net of revenues of facilities described in §49-34A-25.1;(2)Allows a return on investment at the level approved in the public utility's last general rate case, unless a different return is found to be consistent with the public interest;(3)Provides a current return on construction work in progress, if the recovery from retail customers for the allowance for funds used during construction is not sought through any other mechanism;(4)Allocates project costs appropriately between wholesale and retail customers; and(5)Terminates recovery once costs have been fully recovered or have otherwise been reflected in the public utility's general rates. Source: SL 2006, ch 239, §2.
South Dakota Legal Code