South Dakota Public Utilities Commission Meeting
January 22, 2013, at 2:30 p.m. CST
Room 423, 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 9:00 a.m. CST on Tuesday, January 22, 2013. 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 www.puc.sd.gov 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.
AGENDA OF AD HOC COMMISSION MEETING
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 Analyst: Brian Rounds, Staff Attorney: Karen Cremer)
On April 28, 2011, Oak Tree Energy, LLC (Oak Tree) filed a Complaint (Complaint) with the South Dakota Public Utilities Commission (Commission) against NorthWestern Corporation d/b/a NorthWestern Energy (NWE). The dispute involves a proposed wind generation project located in Clark County, South Dakota (Project). Oak Tree alleges that the Project is a "Qualified Facility" under PURPA and that NWE has refused to enter into a power purchase agreement. Following a number of preliminary and discovery related motions and proceedings, on February 28, 2012, the Commission issued an Order for and Notice of Hearing setting the matter for hearing on March 21-22, 2012. The hearing was held as scheduled. Following post-hearing briefing and oral argument, on May 15, 2012, the Commission issued an Interim Order. In response to the parties' respective motions to reconsider, on October 11, 2012, the Commission issued an Order Granting in Part and Denying in Part Motion for Partial Reconsideration and Application for Reconsideration. On October 15, 2012, the Commission issued a Procedural Order; Order for and Notice of Hearing, setting the matter for additional hearing on December 5-6, 2012. The hearing was held as scheduled. On December 26, 2012, the Commission issued a Procedural Order setting forth a schedule for post-hearing briefing, oral argument, and decision.
TODAY, how shall the Commission rule on the issues set forth in the Order for and Notice of Hearing? AND, how shall the Commission rule on Oak Tree's Complaint?
January 16, 2013