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South Dakota Public Utilities Commission Meeting

Wednesday, November 23, 2005, at 11:30 A.M.

DDN - CapA, State Capitol Building, Pierre, South Dakota

DDN - Sioux Falls/USDSU282 - 2205 Career Place - Sioux Falls, South Dakota




Chairman Gary Hanson called the meeting to order.  Also present were Vice Chairman Bob Sahr; Commissioner Dustin Johnson; Acting Executive Director Heather Forney; Commission Attorney Rolayne Ailts Wiest; Commission Advisor Greg Rislov; Staff Attorney Karen Cremer; Staff Analysts Dave Jacobson, Martin Bettmann, Bob Knadle, and Phil Lusk.




1.     RM05-001          In the Matter of Revisions to the Energy Facility Siting Rules.   (Commission Attorney:  Rolayne Ailts Wiest)


 On September 28, 2005, the Commission opened this rulemaking docket regarding energy facility siting rules.  The siting rules set forth the information that is required to be provided by an applicant.  The proposed rule amendments add wind energy facilities to the siting rules and list the specific requirements for a wind energy facility application.  In addition, one of the proposed rules, 20:10:22:33.01, sets forth the requirements for the removal of wind energy facilities and possible bonding or other financial requirements to ensure removal.  Another proposed rule amendment, 20:10:22:04 decreases the required number of paper copies of an application and requires the application to be filed electronically.  Another proposed rule amendment, 20:10:22:05, requires applications to list all permits needed from any state or federal entity.  Most of these rule changes are a result of legislative changes to the Commission's energy facility siting laws.  A hearing was held on November 1, 2005 at 9:30 a.m. in Room 412 of the State Capitol.  Written comments were received from Missouri River Energy Services, Basin Electric Cooperative, and FPL Energy on November 14, 2005.


Commissioner Sahr moved that the energy facility siting rules be approved with the changes as recommended by staff.  Commissioner Johnson seconded and Chairman Hanson concurred.  Motion passed 3-0.


Meeting adjourned.



Tina Douglas

Administrative Secretary