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South Dakota Public Utilities Commission Meeting
October 30, 2008, at 9:30 A.M.
State Capitol Building, Room 423
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 October 29, 2008.  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 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.



1.      EL08-025        In the Matter of the Application of Otter Tail Corporation to Form a New Holding Company (Staff Analysts: David Jacobson/Jon Thurber, Staff Attorney: Karen Cremer)

         Application by Otter Tail Corporation pursuant to SDCL 49-34A-36 for approval to form a new holding company pursuant to an Agreement and Plan of Merger. As part of the transaction, a new, legally separate Otter Tail Power Company will become a subsidiary of the holding company. Other parties to the transactions are OT Holding Company ("Holding Company") and OT Merger Co. ("Merger Co."). This restructuring will fulfill the Company's requirements for utilities under South Dakota Senate Bill 40, which the Governor signed into law on March 17, 2008.

         Today, shall the Commission Approve the Application of Otter Tail Corporation to Form a New Holding Company?

2.      EL08-029        In the Matter of the Filing by Northern States Power Company d/b/a Xcel Energy for Approval of Tariff Revisions. (Staff Analyst: David Jacobson, Staff Attorney: Karen Cremer)

         Application by Northern States Power Company (Xcel Energy) for approval of tariff revisions removing previously approved temporary definitions of time of day. The Federal change in the Daylight Savings Time schedule was originally a trial, and therefore temporary. For this reason, Xcel Energy previously sought temporary tariff modifications in order to avoid an expensive meter programming effort that might have to be reversed if the Federal government did not adopt the change permanently. It now appears that the change has become permanent by default. Xcel Energy has reprogrammed all of their TOD metering equipment in South Dakota to be synchronized with the new, expanded DST schedule, and the language that was temporarily inserted into affected TOD tariffs is no longer needed.

         TODAY, shall the Commission Approve the Tariff Revisions with less than 30 Days Notice?

Natural Gas

1.      NG08-010       In the Matter of the Filing by Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. for Approval of an Amendment to a Contract with Deviations with Merillat Corporation (Staff Analyst: David Jacobson, Staff Attorney: Karen Cremer)

          On October 3, 2008, Montana-Dakota Utilities Co. (MDU), a Division of MDU Resources Group, submitted for Commission approval Section No. 4, 7th Revised Sheet No. 1 and the underlying Amendment No. 5 dated October 3, 2008, to the current Agreement between Montana-Dakota and Merillat Corporation (Merillat). The existing agreement with Merillat was effective on November 1, 2003.  Amendment No. 5 provides for service to continue to Merillat for a one-year period ending October 31, 2009, under the terms of the current contract/agreement with exceptions listed in the contract.  MDU has requested approval with less than 30 days notice.

      TODAY, shall the Commission Approve the Amendment to the Contract with Deviations and Associated Tariff Revision with less than 30 Days Notice?

Pipeline Safety

1.      PS08-001        In the Matter of the Filing of the Investigation of the Natural Gas Incident of February 20, 2008, on Montana-Dakota Utilities Co.'s System in Pierre, South Dakota. (Staff Analyst: Nathan Solem, Staff Attorney: Kara Semmler)

         On April 3, 2008, Commission Staff requested a formal docket be opened regarding an ongoing investigation into the February 20, 2008, natural gas incident in Pierre, South Dakota.  A report, including Staff recommendation regarding whether all pipeline safety rules were properly observed, will be filed for Commission approval at the conclusion of Staff's investigation.  The South Dakota Intra State Pipeline Company (SDIP) filed a Petition for Intervention on April 21, 2008.  Montana Dakota Utilities (MDU) filed a Petition for Intervention on April 23, 2008. Intervention was granted to MDU and SDIP at the May 6, 2008, commission meeting.  On September 3, 2008, Staff filed an addendum to their initial report.  MDU filed a Request for Access to Confidential Information on October 7, 2008.

         TODAY, shall the Commission Approve the Request for Confidential Information?


 /S/ Heather K. Forney          _
Heather K. Forney
Deputy Executive Director
October 28, 2008