STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

September 16, 1975

Mr. Emil J. Mueller, Counsel
Public Utilities Commission
State Capitol Building
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 75-156

Northern States Power Company revised rate schedules

Dear Mr. Mueller:

You have requested an official opinion relating to the following factual situation:

On September 5, 1975, Northern States Power Company filed with the Public Utilities Commission a revised rate schedule providing for increases in rates for electric service amounting to approximately 15.4070. The schedules as proposed are published to become effective October 6, 1975. Northern States Power Company desires to have the rates become effective October 6, 1975, and has offered to file bond or make other arrangements satisfactory to the Commission as permitted in SDCL 49-34A-15 in the event that the Commission suspends the rate schedules.

The situation here is somewhat similar to the situation involving tariff schedules that were filed by Northwestern Public Service Company on July 17, 1975 which filings were rejected by the Commission under the authority of Attorney General Official Opinion No. 75-140, dated August 15, 1975. The difference in the case of Northern States Power Company filings is that Northern States Power Company actually attempted to withdraw its filings with the City of Sioux Falls on June 25, 1975; however, the City of Sioux Falls refused to permit the withdrawal and contends that the matter is still in litigation before them. The City of Sioux Falls therefore submits that the Public Utilities Commission has no jurisdiction under the provisions of Section 60 of Senate Bill 261 - 50th Legislative Session, 1975.

Based on the above factual situation you ask:

Does the Public Utilities Commission have jurisdiction to accept the Northern States Power Company rate schedules or must we reject them because of lack of jurisdiction over the matter?

It is my opinion that inasmuch as Northern States Power Company has withdrawn their application for a rate increase filed with the City of Sioux Falls, the Public Utilities Commission does have jurisdiction to accept the present application of Northern States Power Company. As you point out, the situation with respect to the application of Northern States Power Company is different from that considered in Official Opinion No. 75-140 relating to Northwestern Public Service. I can see no rational or legal reason why Northern States Power Company cannot withdraw its application for a rate increase with the City of Sioux Falls. Inasmuch as it is my opinion that Northern States Power Company can withdraw its application with the City of Sioux Falls, the provisions of Section 60 of Chapter 283 of the Session Laws of 1975 do not apply and do not prevent the Public Utilities Commission from accepting the application of Northern States Power Company.

Respectfully submitted,

William Janklow
Attorney General

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