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South Dakota Public Utilities Commission
Meeting March 27, 2012, at 9:30 A.M. CDT
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. CDT on Monday, March 26, 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.     Approval of the Minutes of the Ad Hoc Commission Meeting Held on March 9, 2012 (Staff: Joy Irving)

Consumer Reports

1.     Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)


1.     EL11-025      In the Matter of the Complaint by Northern States Power dba Xcel Energy against Southeastern Electric Cooperative, Inc. for a Violation of the Service Territory Laws (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)

On September 21, 2011, the Commission received a complaint filed by Northern States Power dba Xcel Energy (Xcel) against Southeastern Electric Cooperative, Inc. (Southeastern). Xcel alleged a violation of the Service Territory Laws by Southeastern. On October 3, 2011, Southeastern filed a Response of Southeastern Electric Cooperative, Inc., to Complaint of Xcel Energy. Commission Counsel held a prehearing conference with the parties on December 1, 2011, at which the parties agreed on a procedural schedule. On December 1, 2011, the Commission issued its Order for and Notice of Hearing setting the matter for hearing on December 6, 2011. The hearing was held as scheduled with all parties appearing. On January 3, 2012, Southeastern filed Southeastern Electric Cooperative's Post-Hearing Brief and Staff filed Commission Staff's Post-Hearing Brief. On January 5, 2012, Xcel filed its Post Hearing Brief. On January 17, 2012, Southeastern filed Southeastern Electric Cooperative's Reply Brief. On January 23, 2012, Xcel filed a letter regarding its intention not to file a reply brief. On February 17, 2012, Commissioner Nelson filed a letter to publicly convey his thoughts on an appropriate resolution to this docket. On February 17, 2012, Commissioner Hanson filed a request for further information from Southeastern and Xcel. On February 17, 2012, the Commission received from Southeastern a response to Commissioner Hanson's request. On February 21, 2012, Commissioner Nelson submitted a letter regarding the map proposal. On March 5, 2012, the Commission received Southeastern's response to Commissioner Nelson's letter. On March 12, 2012, the Commission received Xcel Energy's response to Commissioner Nelson and Hanson's letters.

      TODAY, how shall the Commission rule on Xcel's Complaint?

2.     EL12-017      In the Matter of the Petition of Otter Tail Power Company for Approval of its Tariff Revisions (Staff Analyst: Matthew Tysdal, Staff Attorney: Ryan Soye)

On February 17, 2012, the Commission received a filing from Otter Tail Power Company requesting the Commission approve revisions to its Electric Tariff to reflect the addition of its Transmission Cost Recovery Rider and some minor formatting changes.

      TODAY, shall the Commission approve the tariff revisions?


1.     GW12-001      In the Matter of Anderson Seed Co. Inc.'s Grain Buyer's License (Staff Analyst: Jim Mehlhaff, Staff Attorney: Kara Semmler)

On February 16, 2012, Commission Staff filed a Petition to request the Commission immediately suspend Anderson Seed Co. Inc.'s grain buyer license pursuant to SDCL 49-45-16. Staff is specifically aware of acts of insolvency and believes immediate action is necessary. On February 17, 2012, the Commission held an Ad Hoc meeting and unanimously voted to suspend Anderson Seed Co. Inc.'s grain buyer license. No request for hearing was made. On March 13, 2012, the Commission voted to revoke Anderson Seed Co. Inc.'s grain buyer license pursuant to SDCL 49-45-16. In addition the Commission voted to commence an action for receivership in Spink County pursuant to SDCL 49-45-16.1 as expeditiously as possible for the purpose of administrating the claims process against Anderson's grain buyer bond and bond proceeds distribution, and also, to the extent deemed appropriate by the Court, for the purpose of taking possession, as custodian in a fiduciary capacity, of Anderson's grain inventory, processed grain inventory, and other assets located in South Dakota, including recently transferred or assigned assets, and proceeds from the sale or liquidation of such assets, pending determination by the Court as to the rights of sellers and other creditors to such assets and proceeds or until another structure or process is in place for the preservation of such assets and proceeds pending the conclusion of the claims and litigation process against Anderson. On March 20, 2012, Commission Staff filed a request for reconsideration of a portion of the March 13, 2012, Order due to new information recently discovered.

      TODAY, shall the Commission reconsider its March 13, 2012, Order regarding receivership over Anderson Seed Co. Inc. assets and recently transferred assets?

Pipeline Safety

1.     PS12-001      In the Matter of the Filing by Commission Pipeline Safety Staff regarding an Inspector Incident Investigation on the Montana-Dakota Utilities Co.'s System (Staff Analysts: Nathan Solem, Joshua Williams, Staff Attorney: Kara Semmler)

On February 10, 1012, pipeline safety staff opened an incident investigation docket pursuant to ARSD 20:10:37:11. The incident investigation is necessary due to a vehicle accident in Spearfish, S.D. The accident resulted in a release of gas and damage on Montana-Dakota Utilities Co.'s system in excess of $50,000. Specifically, a flatbed trailer full of logs detached from its semi-tractor on Interstate 90 and hit the gas meter set on the Spearfish Wal-Mart. Pipeline Safety Staff arrived at the scene and will file a report when the investigation is complete. On March 16, 2012, the Commission received an incident report from Montana-Dakota Utilities.

      TODAY, pursuant to ARSD 20:10:37:13, shall the Commission accept the Incident Report and inspector's recommendations?


1.     TC11-101      In the Matter of the Filing by Local Exchange Carrier Association, Inc. (LECA) for Approval of its Access Services Tariff 1 (Staff Analyst: Chris Daugaard, Staff Attorney: Karen Cremer)

On December 29, 2011, Local Exchange Carriers Association (LECA) filed an application for revisions to Access Tariff No. 1. In its filing, LECA is adding language for the identification and rating of Toll VoIP-PSTN traffic per the Federal Communications Commission Report and Order in WC Docket Nos. 10-90, etc., FCC Release No. 11-161 (Nov. 18, 2011). The revisions also address call signaling obligations of customers.

      TODAY, shall the Commission approve the requested tariff changes?

Items for Commission Discussion


  1. A hearing in Docket EL11-006 will be held March 21-22, 2012, beginning at 9 a.m. CDT each day in Room 413 at the State Capitol Building, Pierre, S.D.

  2. Commissioners and staff will meet with consumers at the Black Hills Home Builders Association Home Show, March 23-25, 2012, at the Rushmore Plaza Civic Center, Rapid City, S.D.

  3. The PUC offices will close at noon CDT, Friday, April 6, 2012, in observance of Good Friday.

  4. The next regularly scheduled commission meeting will be held Tuesday, April 10, 2012, at 9:30 a.m. CDT, in Room 413 at the State Capitol Building, Pierre, S.D.

  5. A hearing in Docket CN11-001 will be held Friday, April 13, 2012, beginning at 10 a.m. CDT in Room 414 at the State Capitol Building in Pierre, S.D., and FADM 153 at University Center, 4801 N. Career Ave., Sioux Falls, S.D.

  6. Commission meetings are scheduled for April 24 and May 8, 2012.

/S/ Cindy Kemnitz
Cindy Kemnitz
Finance Manager
March 20, 2012