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South Dakota Public Utilities Commission Meeting
Friday, November 19, 2004 at 9:00 A.M.
State Capitol Building, Room 412
Pierre, South Dakota
NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201.
NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.
AGENDA OF THE AD HOC MEETING
1. EL04-016 In the Matter of the Filing by Superior Renewable Energy LLC et al. against Montana-Dakota Utilities Co. Regarding the Java Wind Project. (Staff Analysts: Michele Farris and Keith Senger, Staff Attorney: Karen Cremer)
On May 12, 2004, Superior Renewable Energy LLC (Superior) and its wholly owned subsidiary, Java LLC, filed a complaint requesting the Commission to settle a dispute regarding the long term purchase price of electricity generated from a Qualified Facility pursuant to the Public Utility Regulatory Policy Act of 1978. On May 27, 2004, Montana-Dakota Utilities Co. (MDU) filed a Petition to Intervene. The Commission granted intervention to MDU a June 8, 2004 meeting. On June 15, 2004, MidAmerican Energy Company (MidAmerican) filed a Petition to Intervene Out of Time. On June 17, 2004, NorthWestern Corporation (NorthWestern) filed a Petition to Intervene. On June 18, 2004, Black Hills Power, Inc. (Black Hills) filed a Petition to Intervene. The Commission granted intervention to MidAmerican, NorthWestern, and Black Hills a June 22, 2004 meeting. On July 16, 2004, Northern States Power Company d/b/a Xcel Energy (Xcel) filed a Petition to Intervene. The Commission granted intervention to Xcel a August 17, 2004 meeting. On September 1, 2004, Superior filed a Motion for Notice and Order. On October 4, 2004, Superior moved for an order to compel MDU to respond to certain interrogatories. The Commission issued an Order Granting Motion to Compel a October 12, 2004, meeting. On November 9, 2004, Superior filed a Motion to compel MDU to respond to certain interrogatories served upon MDU on or about July 16, 2004. The particular interrogatory that is subject to the Motion is Number 1.
TODAY, shall the Commission grant the Motion to Compel?
2. EL04-026 In the Matter of the Petition of Black Hills Corporation for a Statement to the Securities and Exchange Commission Regarding Investment in Foreign Utilities. (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)
Black Hills Corporation (Black Hills) has filed an application with the Securities and Exchange Commission (SEC) requesting various approvals and authorizations in connection with its anticipated registration as a public utility holding company under PUHCA. In the filing, Black Hills is requesting authorization from the SEC to retain its existing investments in Exempt Wholesale Generators and to issue and finance additional investments in Exempt Wholesale Generators and Foreign Utility Companies. As part of this process, the SEC will send letters to each state regulatory commission having regulatory authority of Black Hills' regulated utility requesting confirmation that such commission's regulatory authority is sufficient to assure that Black Hills' retention of its existing investments and any proposed issue and sale of securities to finance the acquisition of additional investments will not have an adverse impact on Black Hills' customers or the commission's ability to protect the customers of Black Hills Power. On November 1, 2004, the SEC filed a letter with the PUC requesting the Commission's views as to its authority and resources to protect ratepayers subject to its jurisdiction and its intention to exercise that authority in light of Black Hills' potential additional investments in exempt wholesale generators and foreign utility companies.
TODAY, how shall the Commission proceed?
1. In the Matter of Approving Amendments to Agreements in TC04-208, TC04-209, and TC04-210.
TC04-208 In the Matter of the Filing for Approval of an Amendment to an Adoption Agreement between Qwest Corporation and Southwestern Bell Communications Services Inc. d/b/a SBC Long Distance. (Staff Attorney: Sara Harens)
On October 21, 2004, the Commission received a filing for approval of a Triennial Review Order and USTA II Decision Amendment between Qwest Corporation and Southwestern Bell Communications Services Inc. d/b/a SBC Long Distance. According to the parties, the amendment is made in order to change or add terms, conditions and rates for certain network elements.
On October 27, 2004, the Commission received a filing for approval of an Elimination of UNE-P and Implementation of Batch Hot Cut Process and Discounts Amendment between Qwest Corporation and Z-Tel Communications, Inc.
TC04-210 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and New Edge Network, Inc. d/b/a New Edge Networks (Staff Attorney: Sara Harens)
On October 27, 2004, the Commission received a filing for approval of an Expedites for Design Services Amendment between Qwest Corporation and New Edge Network, Inc. d/b/a New Edge Networks. According to the parties, the amendment is made in order to add terms, conditions and rates for Expedites for Design Services.
TODAY, shall the Commission Approve the Amendments to the Agreements?
Heather K. Forney
Deputy Executive Director
November 12, 2004