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South Dakota Public Utilities Commission Meeting

Tuesday, June 6, 2006, 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 by 5:00 p.m. on June 5, 2006.  The lines are limited and are given out on first come/first serve basis.  Ultimately, if you wish to participate in the Commission Meeting and a line is not available you may have to appear in person.  


NOTE:  To listen to the Commission Meeting live please go to the PUC's Web site and click on the LIVE button on the home page.  The Commission meetings are archived on the PUC's Web site under the Commission Actions tab and then click on the LISTEN button on the page.


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.




Consumer Complaints


1.    CE06-002       In the Matter of the Complaint filed by Sioux Valley Southwestern Electric Cooperative, Inc., d/b/a Sioux Valley Energy against Northern States Power Company, d/b/a Xcel Energy, Regarding Provision of Electric Service to Myrl and Roy's Paving  (Staff Analyst:  Dave Jacobson,  Staff Attorney:  Sara Greff)


Complaint by Sioux Valley Southwestern Electric Cooperative, Inc. against Northern States Power Company d/b/a. Xcel Energy (Xcel) regarding the provision of service to Myrl and Roy's Paving. Myrl and Roy's Paving conducts a quarry and rock crushing operation at a location that is partly located on Xcel's established service territory and partly on Sioux Valley's established service territory. The complaint states that prior to 1991, Myrl and Roy's was served by Sioux Valley. Acting upon a complaint filed by Xcel in 1991, the Commission ruled that because the preponderance of Myrl and Roy's load was located on Xcel's established territory, the Myrl and Roy's was to be then served by Xcel. The Commission decision was appealed to both Circuit Court and the South Dakota Supreme Court which upheld the Commission's decision. Myrl and Roy's have now informed Sioux Valley that they will be adding new equipment which will result in the majority of their load being located in Sioux Valley's territory. Sioux Valley has requested Xcel to relinquish Myrl and Roy's as a customer but Xcel has failed and refused to do so. Sioux Valley now requests that it be awarded the exclusive right to serve Myrl and Roy's and that Xcel remove its lines and other facilities from Myrl and Roy's location.  On May 15, 2006, Xcel filed a Motion to Dismiss and supporting brief.  Myrl and Roy's Paving filed a Petition for Intervention on May 17, 2006.  Intervention was granted to Myrl and Roy's on May 23, 2006.  On June 1, 2006, SDREA filed a Petition for Intervention.


TODAY, shall the Commission Grant the Petition for Intervention?


Natural Gas

1.    NG06-003       In the Matter of the Filing by NorthWestern Corporation d/b/a NorthWestern Energy for Approval of a Contract with Deviations with Prairie Ethanol Plant.  (Staff Analysts:  Nathan Solem/Dave Jacobson, Staff Attorney:  Karen Cremer)


Application by NorthWestern Energy for approval of a contract with deviations to provide natural gas delivery service to Prairie Ethanol, LLC located at Loomis, SD.


TODAY, shall the Commission Approve the Contract with Deviations with Prairie Ethanol Plant?




1.    RM06-001       In the Matter of the Adoption of Rules Regarding Eligibility, Certification and Reporting Requirements for Eligible Telecommunications Carriers. (Commission Attorney:  Rolayne Ailts Wiest)


At its April 11, 2005, meeting, the Commission voted to open a rulemaking docket regarding eligibility, certification, and reporting requirements for telecommunications carriers requesting designation as eligible telecommunications carriers and for carriers previously designated as eligible telecommunications carriers. A hearing was held on the proposed rules on May 24, 2006.


TODAY, shall the Commission Adopt Final Rules?


Heather K. Forney

Deputy Executive Director
June 2, 2006