Legal Opinion

In the Matter of Petition of Montana-Dakota Utilities Co.

South Dakota Supreme Court

Decided October 17, 2007No. 24448PublishedCited by 3 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] The question we address in this administrative appeal is whether an electric utility may petition to provide service outside its statutorily assigned service territory to a “large load” customer in another utility’s assigned service area. We conclude that SDCL 49-34A-56 allows only customers to petition for an outside provider. Thus, we affirm the Public Utilities Commission’s ruling that an outside provider lacked standing to bring a petition under the statute.

Background

[¶ 2.] The Public Utilities Commission (PUC) regulates which utility provides a customer with…

2Cases cited10 opinions

  1. Moss v. GuttormsonSouth Dakota Supreme Court · 1996
  2. US West Communications, Inc. v. Public Utilities CommissionSouth Dakota Supreme Court · 1993
  3. Storey v. MayoSupreme Court of Florida · 1968
  4. Esling v. KrambeckSouth Dakota Supreme Court · 2003
  5. Town Square Limited Partnership v. Clay County Board of EqualizationSouth Dakota Supreme Court · 2005

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Leonard v. State Ex Rel. South Dakota Real Estate CommissionSouth Dakota Supreme Court · 2010
  2. Heinemeyer v. Heartland Consumers Power DistrictSouth Dakota Supreme Court · 2008
  3. Heinemeyer v. Heartland Consumers Power DistrictSouth Dakota Supreme Court · 2008

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API