South Dakota § 49-34A-93 - Implementation of and compliance with certain federal energy acts.

§ 49-34A-93. Implementation of and compliance with certain federal energy acts.

The commission may implement and comply with the provisions of the Public Utility Regulatory Policies Act of 1978, as amended to January 1, 2009, the Energy Policy Act of 2005, and the Energy Independence and Security Act of 2007 and may promulgate rules pursuant to chapter 1-26 consistent with these acts. The commission may implement policies or promulgate rules to establish the following:

(1)    Standards requiring a public utility to offer each of the utility's customer classes, and provide individual customers upon customer request, a time-based rate schedule under which the rate charged by the electric utility varies during different time periods and reflects the variance, if any, in the utility's costs of generating and purchasing electricity at the wholesale level;

(2)    Standards requiring a public utility to make interconnection service available on request to any electric customer that the utility serves;

(3)    Standards requiring a public utility to develop a plan to minimize dependence on one fuel source and to ensure that the electric energy it sells to consumers is generated using a diverse range of fuels and technologies, including renewable technologies;

(4)    Standards requiring a public utility to develop and implement a ten-year plan to increase the efficiency of its fossil fuel generation;

(5)    Standards or policies requiring a public utility to integrate energy efficiency resources into the utility's planning process and to adopt policies establishing cost-effective energy efficiency as a priority resource;

(6)    Standards or policies allowing a public utility's rates to align utility incentives with the delivery of cost-effective energy efficiency and promote energy efficiency investments;

(7)    Standards or policies requiring prior to investing in nonadvanced grid technologies, that a public utility consider investing in a smart grid system; and

(8)    Standards or policies requiring public utilities to provide smart grid information regarding electricity prices, usage, and sources of power to customers.

Any order adopted by the commission prior to January 1, 2006, pursuant to these acts, is hereby validated.

Source: SL 2006, ch 240, § 1; SL 2009, ch 240, § 1.