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South Dakota Public Utilities Commission Meeting

Tuesday, October 10, 2006, at 2:00 P.M.
Room 468, State Capitol Building
Pierre, South Dakota

NOTE:  If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 by 1:30 p.m. on October 10, 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.



1.         In the Matter of FERC Docket EC06-127-000 (General Counsel:  John Smith)

            On April 25, 2006, NorthWestern Corporation d/b/a NorthWestern Energy (NorthWestern) announced that it had entered into an Agreement and Plan of Merger with Babcock & Brown Infrastructure Limited, an Australian public company, and certain of its subsidiaries (BBIL) pursuant to which BBIL would acquire ownership of NorthWestern. On June 7, 2006, NorthWestern and its subsidiaries and BBIL (Applicants) filed with the Federal Energy Regulatory Commission (FERC) an Application for Authorization under Section 203 of the Federal Power Act and Request for Expedited Consideration, FERC Docket EC06-127-000.  On June 28, 2006, the Commission filed a Notice of Intervention and Request for Full 60 Day Time Period for Filing of Protest in FERC Docket EC06-127-000.  On July 13, 2006, Applicants filed a Joint Answer and Supplement in which they responded to the concerns raised by the Commission in its filing. On August 14, 2006, Applicants and the Commission filed a Joint Motion to Facilitate Settlement Discussions by Permitting a Conditional, Limited Extension of Time for File a Protest in FERC Docket EC06-127-000. Since that time, Commission Staff have been engaged in settlement discussions with Applicants, and Applicants and Staff have prepared a Settlement Agreement for consideration by the Commission that would resolve the issues between the Commission and Applicants in FERC Docket EC06-127-000.

     TODAY, Shall the Commission Approve the Proposed Settlement Agreement Between Applicants and the Commission Involving FERC Docket EC06-127-000? AND, Shall the Commission Authorize the Executive Director and the General Counsel to Execute the Settlement Agreement on Behalf of the Commission?


Heather K. Forney
Deputy Executive Director
October 6, 2006