Terms used in this chapter mean:

(1) “Commission,” the Public Utilities Commission;

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Terms Used In South Dakota Codified Laws 49-34B-1

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2

(2) “Emergency release,” a release of a quantity of gas that is great enough to pose a clear and immediate danger to life, health, environment, or that threatens a significant loss of property;

(3) “Gas,” natural gas, liquefied natural gas, flammable gas, gas which is toxic or corrosive, or liquefied petroleum gas in distribution systems;

(4) “Gas pipeline,” all parts of those physical facilities through which gas moves in transportation, including pipe, valves, and other appurtenances attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies;

(5) “Gas pipeline facilities,” new and existing pipelines, rights-of-way, master meter systems, pipeline facilities within this state which transport gas from an interstate gas pipeline to a direct sales customer within this state purchasing gas for its own consumption, and any equipment, facility, or building used in the transportation of gas or in the treatment of gas during the course of transportation;

(6) “Inspection fee,” any fee assessed to pipeline operators based on the expenses and obligations incurred by the commission in implementing and administering this chapter;

(7) “Intrastate pipeline,” any pipeline or that part of a pipeline to which this part applies that is not an interstate pipeline;

(8) “Interstate pipeline,” pipeline facilities used in the transportation of gas which are subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act, United States Code, title 15, §§ 717 to 717z, inclusive, as amended to January 1, 2023, except that it does not include any pipeline facilities within this state which transport gas from an interstate gas pipeline to a direct sales customer within this state purchasing gas for its own consumption;

(9) “Liquefied natural gas,” natural gas or synthetic gas having methane (CH4) as its major constituent that has been changed to a liquid or semisolid;

(10) “Master meter system,” any pipeline system for distributing gas within a definable area, such as a mobile home park, housing project, or apartment complex, where the operator purchases metered gas from an outside source for resale through a gas distribution pipeline system and the gas distribution pipeline system supplies the ultimate consumer who either purchases the gas directly through a meter or by other means, such as by rents;

(11) “Pipeline operator,” any person who owns or operates a pipeline;

(12) “Release,” a spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, leaching, dumping, disposing, flowing, or any uncontrolled escape of a gas from a pipeline; and

(13) “Transportation of gas,” the gathering, transmission, or distribution of gas by pipeline or the storage of gas.

Source: SL 1994, ch 357, § 1; SL 1995, ch 264, § 1; SL 2007, ch 273, § 1; SL 2009, ch 242, § 1; SL 2010, ch 225, § 1; SL 2011, ch 210, § 1; SL 2012, ch 231, § 1; SL 2016, ch 226, § 1; SL 2019, ch 199, § 1; SL 2023, ch 158, § 1.