S.D. Codified Laws § 49-41B-22.2
Reapplication for permit--Discussion of commission as to applicant's burden of proof
If a second or subsequent reapplication is filed within three years, or a reapplication is filed after three years, following a denial of a permit pursuant to § 49-41B-24 or 49-41B-25 , the Public Utilities Commission may in its discretion decide if an applicant shall have the burden of proof to establish all criteria required in an original application.
Source: SL 1982, ch 333, § 2.