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South Dakota Public Utilities Commission Meeting
April 26, 2012, at 10:00 a.m. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Chris Nelson called the meeting to Order. Present were: Commissioners: Kristie Fiegen and Gary Hanson; Commission Counsel: John Smith; Staff Attorneys: Ryan Soye and Kara Semmler; Staff Analysts: Chris Daugaard, Brian Rounds, Patrick Steffensen and Ross Pedersen; and Staff: Demaris Axthelm.
Also present were: Mike Uda, Uda Law Firm, P.C., representing Oak Tree Energy LLC; Yvette Lafrentz, Doney Law Firm, representing Oak Tree Energy LLC; Michael Makens, Oak Tree Energy LLC; and Al Brogan and Bleau LaFave, NorthWestern Corporation dba NorthWestern Energy.
Joining the meeting by telephone were: Tim Olson, NorthWestern Corporation dba NorthWestern Energy; and Chris Kilpatrick, Black Hills Power, Inc.
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 Analysts: Chris Daugaard, Brian Rounds, Staff Attorneys: Kara Semmler, Ryan Soye)
Each of the parties presented oral arguments in accordance with the procedure set forth in the Commission's Post-Hearing Procedural Order issued on April 10, 2012. Following questions by Commissioners, Chairman Nelson outlined a proposal for decision that incorporated elements of both NorthWestern's and Oak Tree's avoided cost analyses and which, if found acceptable by the parties, would avoid the necessity for further data and analysis submissions by the parties, further proceedings in the case, and additional delay. Following discussion between Commissioners and the parties, the Commission decided to recess until May 2, 2012, at 10:00 a.m. to allow the parties to evaluate the proposal. The parties were instructed to file any written comments on the proposal by close of business on Monday, April 30, 2012. An audio of the discussion can be found on the PUC web-site under Commission Actions; Commission Meeting Archives; 2012; April 26, 2012, Hearing for Docket EL11-006, recording located at: http://media.sd.gov:81/puc/PUC04262012hearing.mp3 with transcript to follow.
The Commission deferred taking further action until May 2, 2012, at 10:00 a.m.
ADDENDUM TO THE
AGENDA OF COMMISSION MEETING
1. EL11-002 In the Matter of the Application of Black Hills Power, Inc. for Approval of Energy Efficiency Programs, Tariffs, and Cost Recovery Mechanism (Staff Analysts: Brian Rounds, Ross Pedersen, Staff Attorney: Ryan Soye)
Mr. Chris Kilpatrick, Black Hills Power, Inc., (BHP) asked the Commission to grant a waiver from the plan update filing requirement for the current year. Mr. Brian Rounds, staff analyst, recommended approval of the waiver.
Commissioner Fiegen moved to grant a waiver from the plan update filing requirement for the current year. Motion carried 3-0.
There being no further business, at the hour of 12:45 p.m. the South Dakota Public Utilities Commission meeting adjourned.
April 26, 2012