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South Dakota Public Utilities Commission Meeting
February 12, 2016, at 9:30 A.M. CST
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. CST on Thursday, February 11, 2016. 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 COMMISSION MEETING
Administration
1. Approval of the Minutes of the Commission Meeting Held on January 19, 2016 (Staff: Joy Lashley)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
On November 23, 2010, the Commission received an application from Great River Energy and Northern States Power Company dba Xcel Energy (Applicant) for a permit to construct a 10.6 mile, 345 kV transmission line in Brookings County near White, South Dakota. On January 10, 2011, the Brookings County Commission filed an Application for Party Status. On January 28, 2011, the Commission granted party status to Brookings County. On June 17, 2011, the Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation and Granting Permit to Construct Facilities (Order) authorizing the construction of the Project subject to the terms and conditions set forth in the Settlement Stipulation which included the requirement that Applicant furnish an indemnity bond in the amount of $500,000 pursuant to SDCL 49-41B-38 to secure the restoration and repair of damage to roads and other public infrastructure. On June 6, 2013, Applicant filed the bond. On February 5, 2016, Applicant filed a letter requesting that the indemnity bond for the project be released.
TODAY, shall the Commission grant the request for release of construction bond and authorize the executive director or commission counsel to execute any necessary release documents to release Travelers Casualty and Surety Company of America Bond No. 105816545?
On June 16, 2015, the Commission received a petition from Dakota Access, LLC (Dakota Access) for a service territory exception pursuant to SDCL 49-34A-56. Dakota Access requests authorization to take electric service from NorthWestern Corporation dba NorthWestern Energy (NorthWestern). Dakota Access states it would be a new customer within the territory of Northern Electric Cooperative, Inc. (Northern Electric) located in Spink, South Dakota, that will have a contracted minimum demand in excess of 2,000 kilowatts and requests to be served electricity by NorthWestern pursuant to SDCL 49-34A-56. On July 23, 2015, the Commission granted intervention to Northern Electric. On August 21, 2015, Dakota Access responded to Staff's data requests. On October 28, 2015, Dakota Access filed a letter regarding the Electric Distribution Service Agreement with NorthWestern. On December 17, 2015, Dakota Access filed a letter regarding a Confidentiality Agreement. On December 23, 2015, the Commission granted intervention to NorthWestern and Dakota Access filed a letter regarding a Nondisclosure Agreement. On January 8, 2016, Northwestern responded to Staff's data requests. Dakota Access plans to file its settlement agreement with Northern Electric in the docket prior to the commission meeting.
TODAY, shall the Commission approve the request for an electric service rights exception?
On October 30, 2015, Otter Tail Power Company (OTP) filed a petition for approval of its 2016 Transmission Cost Recovery (TCR) Rider. The update includes the tracker balance estimated for the end of the current recovery period so that no over- or under-recovery of TCR costs occurs. The update also includes new costs from the Southwest Power Pool (SPP) and new revenues from the Midcontinent Independent System Operator (MISO) that are not currently in base rates and have not previously been approved for inclusion in the TCR Rider. OTP's petition proposed a March 1, 2016, effective date. On February 3, 2016, OTP filed a Supplemental Filing with revised Attachments 1 through 23.
TODAY, shall the Commission approve the TCR rate factor and revised tariff sheet with an effective date of March 1, 2016?
On January 8, 2016, Northern States Power Company dba Xcel Energy (NSP) filed for approval of a credit mechanism for funds received pursuant to an extended Settlement (Settlement) with the United States Department of Energy (DOE) for DOE's partial breach of its contract to take spent nuclear fuel. The gross amount currently available for credit is approximately $13.1 million on a total NSP system basis, or $685,514 on a South Dakota jurisdictional basis. Future bill credits from the extended Settlement for years 2014-2016 will also be credited back to customers in a timely matter using the same bill credit mechanism.
TODAY, shall the Commission approve NSP's request for the continuation of the one-time bill credit mechanism?
Telecommunications
On December 14, 2012, the Commission received a Petition of Total Call Mobile, Inc. (Total Call) requesting Limited Designation as an Eligible Telecommunications Carrier (ETC) pursuant to Section 214(e)(2) of the Communications Act of 1934, as amended, Sections 54.101 through 54.207 of Federal Communications Commission (FCC) Rules, and provisions of South Dakota Public Utilities Commission rules and regulations (Petition). The Petition states that Total Call seeks ETC designation solely to provide Lifeline service to qualifying South Dakota consumers; it will not seek access to funds from the federal Universal Service Fund for the purposes of participating in the Link-Up program or providing service to high cost areas. Total Call seeks ETC designation throughout all of South Dakota. Intervention was granted to South Dakota Telecommunications Association. On January 25, 2016, Total Call filed a letter requesting withdrawal of its Petition.
TODAY, shall the Commission grant Total Call's Request to Withdraw the Petition Without Prejudice?
On January 4, 2013, the Commission received an application by Nexus Communications, Inc. requesting to be designated as a Lifeline-only eligible telecommunications carrier throughout non-rural wire centers pursuant to SDCL ยง49-31-78 and Section 214(e) of the Federal Communications Act of 1934, as amended, for the limited purpose of receiving federal support for the provision of prepaid wireless Lifeline service to eligible South Dakota residents. Nexus Communications, Inc. also requests a waiver of ARSD 20:10:32:43.02 as they are not seeking high-cost support. On January 27, 2016, Nexus Communications, Inc. filed a Motion to Withdraw Petition Without Prejudice.
TODAY, shall the Commission grant Nexus Communications, Inc.'s Motion to Withdraw Petition Without Prejudice?
On January 19, 2016, the Commission received an Application for Designation as an Eligible Telecommunications Carrier from IM Telecom, LLC dba Infiniti Mobile throughout the State of South Dakota. Infiniti Mobile seeks ETC designation solely to provide Lifeline service to qualifying South Dakota households; it will not seek access to funds from the federal Universal Service Fund for the purpose of providing service to high-cost areas. Infiniti Mobile requests a waiver of ARSD 20:10:32:43.02 and ARSD 20:10:32:54(1-2). On February 5, 2016, the South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to any parties that may have filed?
Items for Commission Discussion
Announcements
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Commissioners and staff will meet with representatives of Basin Electric Power Cooperative on Wednesday, February 10, 2016, at 1:00 p.m. CST in the Department of Transportation Commission Room, Becker-Hansen Building, 700 E. Broadway Ave., Pierre, S.D. The agenda is to discuss the organization's response to the Environmental Protection Agency's Clean Power Plan.
- Commissioners and staff will attend the Winter Committee Meetings of the National Association of Regulatory Utility Commissioners, February 14-17, 2016, at the Renaissance Washington Hotel, Washington, D.C.
- The PUC offices will be closed Monday, February 15, 2016, in observance of the Presidents' Day holiday.
- The next regularly scheduled commission meeting will be Friday, February 26, 2016, at 9:30 a.m. CST in Room 413 at the State Capitol, Pierre, S.D.
- PUC commissioners and staff will meet with consumers at the Sioux Empire Home Show, March 4-6, 2016, at the Sioux Falls Convention Center & Arena, Sioux Falls, S.D.
- Commission meetings are scheduled for March 15 and 30, 2016.
/s/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
PUC Email
February 5, 2016
