August 20, 1980

Mr. Bob D. Voeltz 
Administrator 
South Dakota State Electrical Board 
125 West Capitol Avenue 
Pierre, South Dakota 57501

Official Opinion No. 80-56

Electrical Hookups on Indian Reservations

Dear Mr. Voeltz:

You have requested an official opinion from this office in regard to the following factual situation:

FACTS: 

The State Electrical Board is charged with the duty to enforce SDCL 36- 16.  In view of the fact that there is split civil and criminal justice jurisdiction between the Indian tribes and the State of South Dakota, enforcement problems have arisen on Indian reservations.

Based on the above facts, you have asked the following question:

QUESTION: 

May power suppliers demand a wiring certificate for systems to minimize potential liability and to document their efforts to comply with SDCL 36- 16?

In writing this opinion we must observe that in certain areas of the State of South Dakota the boundaries of reservations are not distinctly set out.  I would answer your question as follows.

The answer to this question is yes.  The power supplier is under the jurisdiction of the State of South Dakota.  SDCL 36-16-27 requires certificates and documentation of inspection before the power supplier energizes a hookup.  The State of South Dakota and its Electrical Board can  require the power supplier to comply with the South Dakota statutes and the South Dakota regulations.  The company then may require compliance.  Should the Indian applicants on Indian reservations choose not to comply with the requirements that are necessary for the health, safety and welfare of the people of the State of South Dakota, and others hooked up to the power grid, they may not avail themselves of the service.  Should they wish to avail themselves of the service, they must accept the requirements that certain standards be met.  Enforcement of such standards is essential to protect the public health, safety, and welfare.  Absent such standards the public would be subjected to substantial health and safety risks.  In addition, suppliers would face potential liability for improper hookups, causing serious malfunctions in the power wheeling network, and potential destruction of the system. Therefore, power suppliers may demand a wiring certificate for energizing.

The power supplier is required to follow the statutes and rules of the State of South Dakota.  One not subject to the sovereign may not require one subject to the sovereign to violate state law.

Respectfully submitted,

Mark V. Meierhenry
Attorney General