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South Dakota Public Utilities Commission Meeting
May 27, 2014, at 1:30 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Commissioner: Gary Hanson called the meeting to order. Present were: Commissioners: Chris Nelson and Kristie Fiegen; Commission Counsel: John Smith; Commission Advisor: Greg Rislov; Staff Attorneys: Karen Cremer and Kristen Edwards; Staff Analysts: Robin Meyerink, Eric Paulson, Brian Rounds, Brittany Mehlhaff, David Henry, Patrick Steffensen, and Darren Kearney; and Consumer Affairs Supervisor: Deb Gregg; Staff: Katlyn Gustafson

Joining the meeting by telephone were:
Pam Bonrud, Patsy Pahut, Jeff Decker, Bill Thomas and DSM Staff, NorthWestern Corporation dba NorthWestern Energy; Michele Nielson, Sioux Valley Energy fka Southwestern Electric Cooperative Inc.; Suzan Stewart and Brad Howard, MidAmerican Energy Company; Stuart Tommerdahl, Otter Tail Power Co.; Brian Bultje, Central Electric Cooperative, Inc.; Matt Hotzler and Troy Kwasniewski, H-D Electric Cooperative, Inc; and Jason Topp, Qwest Corporation dba CenturyLink QC

Consumer Reports

1.     Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)

The Commission received a total of 49 contacts since the last report was prepared for the May 13, 2014 Commission meeting.

8 of the contacts involved telecommunication services, 17 of the contacts involved electrical services, 3 of the contacts involved natural gas service, 2 contacts involved cell phone service, 10 contacts were related to the Do Not Call Registry, 1 contact was related to One Call, and 8 contacts were related to issues not regulated by the PUC.

765 of the 787 complaints received in 2014 have been resolved.

Administration

1.     AA14-002     In the Matter of the Procedure for Consideration of Notices of Exception (6) from Master Metering Prohibition Requirements (General Counsel: John Smith)

A lengthy discussion took place regarding docket AA14-002. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2014, May 27, 2014, recording located at: http://puc.sd.gov/commission/media/2014/puc05272014.mp3

     Commissioner Fiegen moved that the following procedure shall be followed by the Commission in considering and taking action on notices received pursuant to ARSD 20:10:26:04(6):

     Upon receipt of a notice under ARSD 20:10:26:04(6), the Executive Director shall cause copies of the notice to be promptly provided to each Commissioner and applicable Staff. The Executive Director shall direct applicable Staff to begin review of the notice and make a determination of whether the system falls within the exception set forth in ARSD 20:10:26:04(6). On or before the close of business on the fifth business day following the Commission's receipt of the notice, the Executive Director or Staff shall advise each of the Commissioners in writing as to what Staff's analysis shows. If the Executive Director determines after Staff's review that there is an issue as to whether the applicant's system falls within this exception, the Executive Director shall cause a docket to be opened within seven business days following receipt of the notice for the purpose of investigating and determining the applicability of the exception. If within seven business days following the Commission's receipt of the notice, the Executive Director, Staff, or a Commissioner has not opened a docket for the purpose of determining whether the applicant's system falls within this exception, the building shall be deemed to fall within the exception. If no docket is opened by the seventh business day, the Executive Director shall cause a written notice to be sent on the eighth business day following the date of receipt of the notice to the person providing the notice, advising applicant that Staff has determined that the system qualifies for the exception and that by neither Staff or a Commissioner having taken action to have a docket opened within seven business days, the Commission is deemed, under this Order in Docket AA14-002, to have determined that the system qualifies for the exception and that no further action need be taken. Motion carried 3-0.

Electric

1.     EL14-027     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Beadle Electric Cooperative dba Dakota Energy Cooperative, Inc. and Kingsbury Electric Cooperative, Inc. (Staff Analyst: David Henry; Staff Attorney: Kristen Edwards)

 2.     EL14-028     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Central Electric Cooperative, Inc. and Kingsbury Electric Cooperative, Inc. (Staff Analyst: David Henry; Staff Attorney: Kristen Edwards)

3.     EL14-032     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between H-D Electric Cooperative, Inc. and Kingsbury Electric Cooperative, Inc. (Staff Analyst: David Henry; Staff Attorney: Kristen Edwards)

4.     EL14-036     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Kingsbury Electric Cooperative, Inc. and Sioux Valley Energy (Staff Analyst: David Henry; Staff Attorney: Kristen Edwards)

Mr. David Henry, staff analyst, recommended that the Commission grant approval to the proposed electric service territory boundary agreements in the above dockets.

     In Dockets EL14-027, EL14-028, EL14-032, and EL14-036, Commissioner Nelson moved to approve the proposed electric service territory boundary agreements. Motion carried 3-0.

5.     EL14-041     In the Matter of the Joint Request for Service Rights Exception between Sioux Valley Energy fka Southwestern Electric Cooperative Inc. and Southeastern Electric Cooperative Inc. (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)

Ms. Michele Nielsen, Sioux Valley - Southwestern Electric Cooperative, Inc., doing business as Sioux Valley Energy (SVE), asked that the Commission approve its agreement for electric service territory exception between SVE and Southeastern Electric Cooperative, Inc. Mr. Darren Kearney, staff analyst, recommended that the Commission grant approval of the requested service rights exception.

     Commissioner Fiegen moved to approve the requested service rights exception.  Motion carried 3-0.

Gas & Electric

1.     GE12-001     In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Tariff Revisions to its South Dakota Demand Side Management Plan (Staff Analyst: Brian Rounds; Staff Attorney: Karen Cremer)

Ms. Pam Bonrud, NorthWestern Corporation dba NorthWestern Energy (NWE), asked that the Commission defer action until the following meeting to provide sufficient time for evaluation of NWE's data submission.

Natural Gas

1.     NG14-003     In the Matter of the Filing by MidAmerican Energy Company for Approval of its 2013 Economic Development Activities and 2014 Proposed Budget (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)

Ms. Suzan Stewart, MidAmerican Energy Company (MidAmerican), asked that the Commission approve its 2013 Economic Development Annual Report and 2014 Economic Development Plan. Mr. Darren Kearney, staff analyst, recommended that the Commission approve MidAmerican's request.

     Commissioner Nelson moved to approve MidAmerican's 2013 Economic Development Activities Report and 2014 Proposed Budget. Motion carried 3-0.

Telecommunications

1.     TC14-014     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and T-Mobile USA, Inc. (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), asked that the Commission grant approval to its amendment to a type-2 wireless Interconnection Agreement between CenturyLink and T-Mobile USA, Inc. Ms. Kristen Edwards, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Edwards recommended that the Commission grant approval.

     Commissioner Nelson moved to approve the Amendment to the Interconnection Agreement. Motion carried 3-0.

ADDENDUM TO THE
AGENDA OF COMMISSION MEETING

Electric

1.     EL12-054     In the Matter of the Petition of Otter Tail Power Company for Approval of its 2013 Transmission Cost Recovery Eligibility and Rate Adjustment (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

2.     EL13-029     In the Matter of the Petition of Otter Tail Power Company for Approval of its 2014 Transmission Cost Recovery Eligibility and Rate Adjustment (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Karen Cremer)

Mr. Stuart Tommerdahl, Otter Tail Power Company (Otter Tail) asked that the Commission approve its request for extension to July 1, 2014, to file the 2013 annual report of jurisdictional earnings. Ms. Brittany Mehlhaff, staff analyst, stated that staff has no objection to Otter Tail's request.

     In Dockets EL12-054 and EL13-029, Commissioner Hanson moved to approve Otter Tail's request for an extension to July 1, 2014, to file the 2013 annual report of jurisdictional earnings. Motion carried 3-0.

There being no further business, at the hour of 2:04 p.m. the South Dakota Public Utilities Commission meeting adjourned.

/S/Joy Lashley
Joy Lashley
Administrative Assistant
puc@state.sd.us
May 27, 2014