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South Dakota Public Utilities Commission Meeting
February 13, 2012, at 9:00 a.m. CST
Room 464, 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 10:00 a.m. CST on Friday, February 10, 2012. 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 website and click on the LIVE link on the home page. The Commission requests 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 website under the Commission Actions tab, Click on "Commission Meeting Archives," to access the recordings.

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.     EL11-006     In the Matter of the Complaint by Oak Tree Energy LLC against NorthWestern Energy for refusing to enter into a Purchase Power Agreement (Staff Analysts: Chris Daugaard, Brian Rounds, Staff Attorneys: Kara Semmler, Ryan Soye)

On April 28, 2011 Oak Tree Energy LLC (Oak Tree) filed a complaint against NorthWestern Energy (NWE). The dispute involves a proposed wind generation project located in Clark County, South Dakota. Oak Tree argues the project is a "Qualified Facility" under PURPA regulations and as a result NWE is required to purchase power produced by the wind farm. Oak Tree alleges that NWE refuses to enter into a purchase power agreement and requests the Commission hear and resolve all issues. On September 7, 2011, Oak Tree filed a Motion to Compel asking the Commission to order NWE to disclose information sought during the prehearing discovery process. Many of the issues presented in this Motion to Compel were resolved through the informal exchange of information. Oak Tree renewed its Motion to Compel on October 13, 2011, for all remaining matters. The Commission heard the issue and issued an Order on November 8, 2011.  On December 13, 2011 Oak Tree filed its written testimony. On January 13, 2012, NWE filed its written testimony.  On January 27, 2012 Staff filed its written testimony. On February 7, 2012, the parties stipulated to an amended filing schedule. On February 8, 2012, Oak Tree filed its second Motion to Compel and on February 9, 2012 filed a Motion requesting the matter be heard in an expedited fashion pursuant to SDCL15-6-6(d). 

     TODAY, how shall the Commission rule on Oak Tree's Motion?


/S/ Cindy Kemnitz
Cindy Kemnitz
Finance Manager
February 9, 2012