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South Dakota Public Utilities Commission Meeting
June 23, 2015, at 9:30 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: Commission Counsel: John Smith and Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorneys: Karen Cremer, Kristen Edwards, and Adam de Hueck; Staff Analysts: Brian Rounds, Joseph Rezac, Patrick Steffensen, Brittany Mehlhaff, Darren Kearney, and Eric Paulson; Executive Director: Patty Van Gerpen; Consumer Affairs Manager: Deb Gregg; and Staff: Katlyn Gustafson.

Also present were:
Kara Semmler, May, Adam, Gerdes and Thompson, LLP, representing Dakota Access, LLC; and Darla Rogers, Riter, Rogers, Wattier & Northrup, LLP, representing South Dakota Rural Electric Association.

Joining the meeting by telephone were:
Commissioners: Kristie Fiegen and Gary Hanson; Michelle Nielson, Sioux Valley Electric Cooperative, Inc.; Jason Topp, CenturyLink Communications Company, LLC; Steve Jurek, Black Hills Power, Inc.; Aaron Bakker, Good Samaritan Society; Jeff Decker and Clyde Gross, NorthWestern Corporation dba NorthWestern Energy; and Eric Pauli, Northern States Power Company dba Xcel Energy.

Administration

1.     Approval of the Minutes of the Commission meeting held on May 26, 2015. (Staff: Joy Lashley)

Commissioner Fiegen moved to approve the minutes of the Commission meeting held on May 26, 2015.  Motion carried 3-0.

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 52 contacts since the last report was prepared for the June 11, 2015 Commission meeting.

12 contacts involved telecommunication services, 10 contacts involved electrical services, 3 contacts involved natural gas service, 4 contacts were related to wireless service, 10 contacts were related to the Do Not Call Registry, 1 contact was related to the Dakota Access Pipeline, 1 contact was related to the Keystone XL Pipeline and 11 contacts were related to issues not regulated by the PUC.

1,914 of the 1,916 complaints received in 2014 have been resolved.

942 of the 962 complaints received in 2015 have been resolved.

Electric

1.     EL15-013     In the Matter of the Application of Black Hills Power, Inc. for Approval of Tariff Revisions (Staff Analysts: Brian Rounds, Joseph Rezac; Staff Attorney: Karen Cremer)

A lengthy discussion took place regarding docket EL15-013. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2015, June 23, 2015, recording located at: http://puc.sd.gov/commission/media/2015/Puc06232015.mp3.

     The Commission deferred action on the docket.

2.     EL15-017     In the Matter of the Petition for Electrical Service by Dakota Access, LLC to have NorthWestern Energy Assigned as its Electric Provider in the Service Area of Dakota Energy Cooperative, Inc. (Staff Analysts Eric Paulson, Patrick Steffensen; Staff Attorney: Karen Cremer)

Ms. Kara Semmler, May, Adam, Gerdes and Thompson, LLP, representing Dakota Access, LLC (Dakota Access), asked that the Commission grant Dakota Access's request to withdraw docket. Ms. Karen Cremer, staff attorney, recommended that the Commission grant Dakota Access's request to withdraw its petition.

     Commissioner Nelson moved to grant the request to withdraw the petition.  Motion carried 3-0. 

3.     EL15-019     In the Matter of the Request by The Evangelical Lutheran Good Samaritan Society for an Exception to Individual Metering Requirements (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

Mr. Aaron Bakker, Good Samaritan Society, asked that the Commission approve the electric utility system of the building for an exemption from individual metering requirements and grant a variance from the master metering requirements for the building.  Ms. Kristen Edwards, staff attorney, recommended that the Commission grant approval to Good Samaritan Society's request.

     Commissioner Fiegen moved to determine that the electric utility system of the building qualifies for an exemption from individual metering requirements under 20:10:26:04(6).  Motion carried 3-0.

4.     EL15-021     In the Matter of the Joint Request for an Electric Service Territory Boundary Change between Northern States Power Company dba Xcel Energy and Sioux Valley Energy fka Southwestern Electric Cooperative Inc. (Staff Analyst: Brian Rounds; Staff Attorney: Kristen Edwards)

Mr. Eric Pauli, Northern States Power Company dba Xcel Energy (Xcel), asked that the Commission grant approval to modify an existing service territory boundary in Lake County, South Dakota. Mr. Pauli stated that the request between Xcel and Sioux Valley, if approved, would result in a permanent service territory change for the specified location.  Mr. Brian Rounds, staff analyst, recommended that the Commission grant approval to Xcel and Sioux Valley's request.

     Commissioner Hanson moved to grant the Joint Request for an Electric Service Territory Boundary Change.  Motion carried 3-0.

Natural Gas

1.      NG15-004      In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with South Dakota State University and Correction of Prairie Ethanol Plant Contract Date (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

Mr. Jeff Decker, NorthWestern Energy (NorthWestern), asked that the Commission grant approval of the contract with deviations and associated tariff revisions with South Dakota State University and approve the revised Prairie Ethanol Plant execution date.  Mr. Eric Paulson, staff analyst, recommended that the Commission grant approval to NorthWestern's request.

     Commissioner Nelson moved to approve the contract with deviations and associated tariff revisions and approve the revised Prairie Ethanol Plant execution date.  Motion carried 3-0.

Telecommunications

1.     TC15-010     In the Matter of the Filing by CenturyLink Communications Company, LLC for Approval of Revisions to its Access Service Tariff (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

Mr. Jason Topp, CenturyLink Communications Company, LLC (CenturyLink), asked that the Commission grant approval of revisions to CenturyLink's Access Service Tariff. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant approval to the tariff revisions effective July 1, 2015.

     Commissioner Nelson moved to approve the proposed tariff revisions.  Motion carried 3-0.

2.     TC15-011     In the Matter of the Filing by Teleport Communications America, LLC for Approval of Revisions to its Access Services Tariff (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

Mr. Eric Paulson, staff analyst, recommended that the Commission grant Teleport Communications America, LLC's request for withdrawal of tariff revisions.

     Commissioner Fiegen moved to grant Teleport Communications America, LLC's request for withdrawal.  Motion carried 3-0.

3.     TC15-012     In the Matter of the Filing by CenturyLink Communications Company, LLC for Approval of Revisions to its Exchange and Network Tariff No. 1 (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

Mr. Jason Topp, CenturyLink Communications Company, LLC (CenturyLink), asked that the Commission grant approval of revisions to CenturyLink's Exchange and Network Tariff No. 1, Page 14. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant approval to CenturyLink's requests with an effective date of July 1, 2015.

     Commissioner Hanson moved to approve CenturyLink's revisions to its Exchange and Network Tariff No. 1.  Motion carried 3-0.

There being no further business, at the hour of 10:21 a.m. the South Dakota Public Utilities Commission meeting adjourned.

 

/s/Joy Lashley         .
Joy Lashley
Administrative Assistant
PUC Email
June 23, 2015