Commission Agendas | previous page
South Dakota Public Utilities Commission Meeting
June 9, 2009, at 9:30 A.M.
Room 413, 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 5:00 p.m. on June 8, 2009. Lines are limited and are given out on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. 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 www.puc.sd.gov and click on the LIVE button on the home page. The Commission requests that persons who will only be listening to proceedings and not actively appearing in a case listen via the web cast to free phone lines for those who have to appear. 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.
AGENDA OF COMMISSION MEETING
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Electric
1. EL09-003 In the Matter of the Filing by Xcel Energy for Approval of its Revised Rate Sheets for its Occasional Delivery Energy Service and Time of Delivery Energy Service. (Staff Analysts: Dave Jacobson/Jon Thurber, Staff Attorney: Kara Semmler)
On February 3, 2009, Northern States Power filed for approval of revised rate sheets for Occasional Delivery Energy Service and Time of Delivery Energy Service Pursuant to Docket No. F-3365. The proposed changes include a decrease in energy payments based on the Company's 2009 avoided cost projection.
TODAY, shall the Commission Approve the Revised Rate Sheets?
On April 2, 2009, Xcel Energy filed for approval of its 2008 Economic Development Annual Report and 2009 Economic Development Plan. The filing includes Xcel Energy's report on 2008 economic development activities, including the 2008 budget, and actual expenditures for 2008; and planned budget for 2009.
TODAY, shall the Commission Approve the 2008 Economic Development Annual Report and the 2009 Economic Development Plan?
On April 13, 2009, Otter Tail Power Company filed an application for approval to revise its tariffed Summary of Contracts with Deviations. The existing contract with the City of Roslyn expired on April 1, 2009. Otter Tail states the new agreement does not contain any deviations from Otter Tail's currently filed tariff and therefore requests that reference to a contract with the City of Roslyn be removed from the Summary of Contracts with Deviations.
TODAY, shall the Commission Approve the Tariff Revisions?
Hydrocarbon Pipeline
1. HP09-001 In the Matter of the Application by TransCanada Keystone Pipeline, LP for a Permit under the South Dakota Energy Conversion and Transmission Facility Act to Construct the Keystone XL Project. (Staff Analysts: Bob Knadle/Nathan Solem/ Stacy Splittstoesser/Tim Binder, Staff Attorney: Kara Semmler)
On March 12, 2009, TransCanada Keystone Pipeline, LP, (Keystone) filed a siting permit application for the South Dakota portion of the proposed Keystone XL Project (Project). The Project will transport crude oil starting in Hardisty, Alberta, Canada and ending in Port Arthur and East Houston areas of Texas. The proposed 36 inch diameter pipeline will have a nominal capacity of 900,000 barrels of oil per day (bpd). The proposed route will enter South Dakota at the Montana/South Dakota border in Harding County. It will extend in a southeasterly direction through portions of Harding, Butte, Perkins, Meade, Pennington, Haakon, Jones, Lyman, and Tripp counties. It will exit the state at the South Dakota/Nebraska border in Tripp County. The length of pipeline through South Dakota is approximately 313 miles. The Project also includes seven pump stations in South Dakota located in Harding (2), Meade, Haakon, Jones, and Tripp (2) counties along with 16 mainline valves. Mainline valves are proposed at each pump station and along the right-of-way with spacing intervals based upon the location of the pump stations, water bodies greater than 100 feet in width, high consequence areas and other considerations. Mary Jasper filed an Application for Party Status on April 29, 2009. Paul F. Seamans filed an Application for Party Status on May 4, 2009. Darrell Iversen filed an Application for Party Status on May 5, 2009. Carol Moyer and Glen Iversen filed Applications for Party Status on May 8, 2009. Applications for Party Status were filed by Jacqueline Limpert; John H. Harter; Zona Vig; Craig Covey as Chairman of Tripp County Water User District; Caitlin F. Collier representing Dakota Rural Action and David Niemi on May 11, 2009. Dakota Rural Action filed a Motion for Extension of Time to File Application for Party Status on May 11, 2009. Applications for Party Status were filed by Debra Niemi and Lon Lyman on May 12, 2009. Requests for Party Status were granted at the May 19, 2009, Commission Meeting. At the same meeting, the Commission voted to deny the Motion for Extension of Time to File Application for Party Status, and in the alternative, the Commission extended the intervention deadline to May 31, 2009. On May 15, 2009, Staff filed a Motion to Establish Procedural Schedule. On May 29, 2009, the Commission received Applications for Party Status from Ruth M. Iversen and Martin R. Lueck. Staff filed a Letter Regarding Consulting Contracts on May 29, 2009.
TODAY, shall the Commission Grant Staff's Motion to Establish a Procedural Schedule? AND, shall the Commission Grant Party Status to Any Parties that May Have Filed? AND, how shall the Commission Proceed Regarding Any Intervener Comments to Staff's Proposed Consulting Contracts?
Natural Gas
On March 27, 2009, as part of the Decision and Order approving Settlement Stipulation in NG01-010, MidAmerican Energy Company filed its 2008 economic development report and its proposed 2009 economic development budget for Commission approval.
TODAY, shall the Commission Approve the 2008 Economic Development Report and the 2009 Economic Development Plan?
Pipeline Safety
On April 20, 2009, the Commission Pipeline Safety Program Manager filed a request for a declaratory ruling as to whether the PUC siting statute, SDCL 49-41B-2.1, allows a pipe design and thus its MAOP to exceed 20% SMYS if it is operated under 20% SMYS. The Pipeline Safety Program Manager requests a Commission decision regarding whether a pipeline is permitted to maintain MAOP in excess of 20% SMYS when to increase pipeline pressure above 20% SMYS would violate SDCL 49-41B-2.1. Montana-Dakota Utilities filed a Petition for Intervention on May 5, 2009. NorthWestern Energy Corporation d/b/a NorthWestern Energy filed a Petition for Intervention on May 8, 2009. Interventions were granted at the May 19, 2009, commission meeting.
TODAY, how shall the Commission Rule of the Petition for Declaratory Ruling?
Telecommunications
On November 25, 2008, OrbitCom filed a complaint seeking recovery on an account because of the failure of Verizon to pay OrbitCom the amounts invoiced pursuant to its state tariff for the provisioning of telephone access services. On June 1, 2009, the parties filed a proposed procedural schedule.
TODAY, shall the Commission Approve the Procedural Schedule?
2. TC09-012 In the Matter of the Application of Broadvox-CLEC, LLC for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota. (Staff Analyst: Tim Binder, Staff Attorney: Kara Semmler)
On March 26, 2009, Broadvox-CLEC, LLC (Broadvox) filed an application for a certificate of authority to provide interexchange telecommunications services and local exchange services in South Dakota. Broadvox proposes to offer services to residential and commercial customers. Broadvox requests confidential treatment of its financial information.
TODAY, shall the Commission Grant a Certificate of Authority to Broadvox-CLEC, LLC?
3. TC09-015 In the Matter of the Application of CVC CLEC, LLC for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota. (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Kara Semmler)
On April 6, 2009, CVC CLEC, LLC (CVC) filed an application for a certificate of authority to provide interexchange telecommunication services throughout the State of South Dakota and local exchange services in Qwest territories in South Dakota. CVC intends to provide facilities-based and resold services.
TODAY, shall the Commission Grant a Certificate of Authority to CVC CLEC, LLC?
On April 17, 2009, Qwest filed for changes to its Exchange and Network Services Tariff No. 1 to introduce language to give Qwest the ability to respond to situations where customers' telecommunications services are interrupted by natural disasters by providing alternative telecommunications services and waivers.
TODAY, shall the Commission Approve the Tariff Revisions?
On April 28, 2009, Wireless Alliance, LLC, (WALLC) d/b/a Unicel filed a petition with the Commission to relinquish its Eligible Telecommunications Carrier Designation throughout its entire South Dakota designated ETC area. WALLC will continue to offer and provide wireless service throughout its licensed area in the State of South Dakota.
TODAY, shall the Commission Grant the Petition for Relinquishment of Eligible Telecommunications Carrier Designation?
On May 1, 2009, AT&T Communications of the Midwest, Inc. filed for Commission approval revisions to the company's Access Services and Network Interconnection Services Tariff. The revisions add clarifying language regarding billing and collection disputes. The company has requested an effective date of May 31, 2009, for the tariff changes. On May 19, 2009, AT&T filed its tariff revision to change the effective date of the filing to June 10, 2009.
TODAY, shall the Commission Approve the Tariff Revisions?
7. TC09-022 In the Matter of the Filing by RC Communications, Inc. for an Extension of an Exemption from Developing Company Specific Cost-Based Switched Access Rates. (Staff Analyst: Tim Binder, Staff Attorney: Karen Cremer)
On May 13, 2009, RC Communications, Inc. requested an extension of an exemption from developing a company specific cost-based switched access rate for a period of three months after the effective date of the new rules adopted by the Commission in RM05-002. RC Communications, Inc. further requested approval of the current RC Communications, Inc. switched access rate of $0.115 per minute until such time as the issues on this docket are resolved. On May 18, 2009, Midcontinent Communications filed a Petition to Intervene.
TODAY, shall the Commission Grant Intervention to Any Parties that May Have Filed?
Announcements
- The next regularly scheduled Commission meeting will be held June 23, 2009, at 9:30 a.m. in Room 413, State Capitol Building, Pierre, SD.
- Commission meetings are scheduled for July 14 and July 28, 2009.
- Commissioners and Staff will be attending the Mid-America Regulatory Conference in Grand Traverse, MI, June 14 – 17, 2009.
- The Commission offices will be closed Friday, July 3, 2009, in observance of Independence Day.
- A hearing in docket TC08-122 will be held July 15 - 16, 2009, Room 413, State Capitol Building, Pierre, SD. The hearing will begin at 9:00 a.m. on July 15.
- Commissioners and Staff will be attending the National Association of Regulatory Utility Commission meeting in Seattle, WA, July 19 – 22, 2009.
- A hearing in docket TC08-127 will be held July 29-30, 2009, Room 413, State Capitol Building, Pierre, SD. The hearing will begin at 9:00 a.m.
- A hearing in dockets TC07-112 through TC07-116 will be held August 4 – 5, 2009, Room 413, State Capitol Building, Pierre, SD. The hearing will begin at 9:00 a.m.
/S/ Heather K. Forney .
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
June 2, 2009
