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South Dakota Public Utilities Commission Meeting
February 26, 2016, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Chris Nelson called the meeting to order. Present were: Commissioner: Gary Hanson; Commission Counsel: Rolayne Wiest and Karen Cremer; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Adam de Hueck; Staff Analysts: Patrick Steffensen, Eric Paulson, Joseph Rezac, and Lorena Reichert; Consumer Affairs Supervisor: Deb Gregg; and Staff: Katlyn Gustafson.

Also present were:
Rich Coit, South Dakota Telecommunications Association; and Jon Thurber and Jason Keil, Black Hills Power, Inc.

Joining the meeting by telephone were:
Commissioner: Kristie Fiegen; Tosha Barthel, Great River Energy; Jake Quasney, Lloyd Companies; Glynda Rahn and Ken Meirose, Black Hills Power, Inc.; Tamie Aberle and Larry Oswald, Montana-Dakota Utilities Co.; Burton Peebles, Lance J.M. Steinhart, P.C., representing IM Telecom, LLC dba Infiniti Mobile.

Administration

1.    Approval of the minutes of the Commission meeting held on February 12, 2016. (Staff: Joy Lashley)

Commissioner Hanson moved to approve the minutes of the Commission meeting held on February 12, 2016. 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 64 contacts since the last report was prepared for the February 12, 2016 Commission meeting.

8 contacts involved telecommunication services, 11 contacts involved electrical services, 7 contacts were related to natural gas service, 1 contact was related to gas and electric service, 7 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, 4 contacts were related to Wind Energy and 15 contacts were related to issues not regulated by the PUC.

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

Complaints received in 2016: 206 of the 224 have been resolved.

Electric

1.     EL10-016     In the Matter of the Application of Great River Energy and Northern States Power Company dba Xcel Energy for a Permit to Construct a 10.6 Mile, 345 kV Transmission Line (CapX2020) in Brookings County Near White, South Dakota (Staff Attorney: Karen Cremer)

Ms. Tosha Barthel, Great River Energy, asked that the Commission release the construction bond and authorize the executive director or commission counsel to execute any necessary release documents to release Travelers Casualty and Surety Company of America Bond No. 105816545. Ms. Karen Cremer, staff attorney, recommended that the Commission approve Great River Energy's request.

     Commissioner Nelson moved to grant the request for release of construction bond and authorize the executive director or commission counsel to execute any necessary release documents to release Travelers Casualty and Surety Company of America Bond No. 105816545. Motion carried 3-0.

2.     EL15-040     In the Matter of the Request by Aberdeen Housing Authority for a Variance to the Separate Metering Requirement in ARSD 20:10:26:03(4) for a 40 Unit Multi-Family Housing Structure in Aberdeen, South Dakota (Staff Analyst: Darren Kearney; Staff Attorney: Adam de Hueck)

A lengthy discussion took place regarding docket EL15-040. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2016, February 26, 2016, recording located at: http://puc.sd.gov/commission/media/2016/puc02262016.mp3.

     Commission Nelson moved to grant the Master Metering Variance request to Aberdeen Housing Authority. Motion carried 3-0.

3.     EL15-041     In the Matter of the Request by SF Housing Ministry, LLC for a Variance to the Separate Metering Requirement in ARSD 20:10:26:03(4) for a 39 Unit Multi-Family Housing Structure in Sioux Falls, South Dakota (Staff Analyst: Darren Kearney; Staff Attorney: Adam de Hueck)

Mr. Jake Quasney, Lloyd Companies, asked that the Commission approve the Master Metering Variance request to the SF Housing Ministry, LLC. Mr. Darren Kearney, staff analyst, stated that Staff did not take a position on the request.

     Commissioner Hanson moved to grant the Master Metering Variance request to SF Housing Ministry, LLC. Motion carried 3-0.

4.     EL15-049     In the Matter of the Application of Black Hills Power, Inc. for Approval of Tariff Revisions to its Line Extension Policy and Secondary Service Voltage Options (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Adam de Hueck)

Mr. Jon Thurber, Black Hills Power, Inc. (BHP), asked that the Commission approve BHP's tariff revisions effective March 1, 2016. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve the tariff revisions.

     Commissioner Fiegen moved to approve Black Hills Power, Inc.'s tariff revisions with an effective date of March 1, 2016. Motion carried 3-0.

5.     EL16-004     In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions to its Transmission Cost Recovery 2015 Reconciliation and New Factor Calculation (Staff Analysts: Eric Paulson, Lorena Reichert, Joseph Rezac; Staff Attorney: Kristen Edwards)

Ms. Kristen Edwards, staff attorney, recommended that the Commission assess a filing fee up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date.

     Commissioner Nelson moved to assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Motion carried 3-0.

6.     EL16-005     In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval of 2016 Transmission Facility Adjustment (Staff Analysts: Eric Paulson, Joseph Rezac; Staff Attorney: Kristen Edwards)

Ms. Kristen Edwards, staff attorney, recommended that the Commission assess a filing fee up to the amount of $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Mr. Jon Thurber, Black Hills Power, Inc. dba Black Hills Energy (BHE) stated that BHE is supportive of staff's request.

     Commissioner Hanson moved to assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Motion carried 3-0.

7.     EL16-006     In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval of its 2016 Environmental Improvement Adjustment (Staff Analysts: Brittany Mehlhaff, Lorena Reichert; Staff Attorney: Kristen Edwards)

Ms. Kristen Edwards, staff attorney, recommended that the Commission assess a filing fee up to the amount of $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Mr. Jon Thurber, Black Hills Power, Inc. dba Black Hills Energy (BHE) stated that BHE is supportive of staff's request.

     Commissioner Fiegen moved to assess a filing fee up to the amount of $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Motion carried 3-0.

Natural Gas

1.     NG16-001       In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of its Revised Conservation Tracking Adjustment (Staff Analyst: Joseph Rezac; Staff Attorney: Adam de Hueck)

Ms. Tamie Aberle, Montana-Dakota Utilities Co. (MDU), asked that the Commission approve MDU's revised Conservation Program Tracking Mechanism Rate 90 Tariff effective March 1, 2016. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve MDU's request.

     Commissioner Hanson moved to grant Montana-Dakota Utilities Co.'s request for approval of the Revised Conservation Program Tracking Mechanism Rate 90 Tariff effective March 1, 2016. Motion carried 3-0.

Telecommunications

1.     TC16-001     In the Matter of the Petition of IM Telecom, LLC dba Infiniti Mobile for Designation as an Eligible Telecommunications Carrier and Waiver (Staff Analyst: Lorena Reichert; Staff Attorney: Adam de Hueck)

Mr. Rich Coit, South Dakota Telecommunications Association (SDTA), asked that the Commission grant approval to withdraw SDTA's petition to intervene. Mr. Burton Peebles, Lance J.M. Steinhart, P.C., representing IM Telecom, LLC dba Infiniti Mobile (Infiniti), stated Infiniti had no objection. Mr. Adam de Hueck, staff attorney, recommended that the Commission approve SDTA's request.

     Commissioner Fiegen moved to grant SDTA's request to withdraw its petition to intervene. Motion carried 3-0.

There being no further business, at the hour of 10:15 a.m. the South Dakota Public Utilities Commission meeting adjourned.

/s/Joy Lashley     .
Joy Lashley
Administrative Assistant
PUC Email
February 26, 2016