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South Dakota Public Utilities Commission Meeting
March 15, 2016, at 1:00 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Chris Nelson called the meeting to order. Present were: Commissioner: Kristie Fiegen; Acting Commissioner: Richard Sattgast; Commission Counsel: Rolayne Wiest and Karen Cremer; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Adam de Hueck; Staff Analysts: Darren Kearney, Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac, and Lorena Reichert; Consumer Affairs Supervisor: Deb Gregg; and Staff: Katlyn Gustafson and Joy Lashley.

Also present were:
William Taylor, Taylor Law Firm, representing Valley Queen Cheese Factory, Inc.; James Moore, Woods, Fuller, Shultz and Smith P.C., representing Valley Queen Cheese Factory, Inc.; Kara Semmler, May, Adam, Gerdes and Thompson, LLP, representing Dakota Access, LLC; Ryan Coleman, self; Eric Munz, self; and Bob Mercer, reporter.

Joining the meeting by telephone were:
Commissioner: Gary Hanson; Mary Zanter, Pipeline Safety Manager; Thomas Welk, Boyce Law Firm, representing Otter Tail Power Company; Dave Prazak and Lana Fedje, Otter Tail Power Company; Bernie Snoddy, Kiesling Associates LLP, representing Long Lines Wireless, LLC; and Mike Garrey, Humboldt Municipal Gas Board.

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 February 26, 2016 Commission meeting.

8 contacts involved telecommunication services, 16 contacts involved electrical services, 1 contact was related to natural gas service, 5 contacts were related to wireless service, 8 contacts were related to the Do Not Call Registry, 1 contact was related to Wind Energy and 10 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 2015: 1,995 of the 1,995, have been resolved.

Complaints received in 2016: 258 of the 273, have been resolved

Complaint

1.     CE15-001     In the Matter of the Complaint filed by Valley Queen Cheese Factory, Inc., Milbank, South Dakota, against Otter Tail Power Company Regarding an Electric Service Dispute (Staff Analysts: Darren Kearney, Eric Paulson; Staff Attorney: Kristen Edwards)

Mr. William Taylor, Taylor Law Firm, representing Valley Queen Cheese Factory, Inc. (Valley Queen) and Mr. Tom Welk, Boyce Law Firm, representing Otter Tail Power Company (Otter Tail), asked that the Commission approve Valley Queen's Request for Stay as there is a pending resolution. Ms. Kristen Edwards, staff attorney, recommended that the Commission approve the Request for Stay.

     Commissioner Fiegen moved to grant the Request for Stay. Motion carried 3-0.

Electric

1.     EL16-002     In the Matter of the Filing by Otter Tail Power Company for Approval of Petition of Tariff Revisions to its Rates for Small Power Production and Cogeneration (Staff Analyst: Lorena Reichert; Staff Attorney: Adam de Hueck)

Ms. Lana Fedje, Otter Tail Power Company (Otter Tail), asked that the Commission approve the proposed revisions to Otter Tail's rates for Small Power Production and Cogeneration for Qualifying Facilities effective April 1, 2016. Ms. Lorena Reichert, staff analyst, recommended that the Commission approve Otter Tail's request.

     Commissioner Nelson moved to approve the proposed revisions to Otter Tail's rates for Small Power Production and Cogeneration for Qualifying Facilities effective April 1, 2016.Motion carried 3-0.

Pipeline Safety

1.     PS15-001     In the Matter of the Filing by Commission Pipeline Safety Staff for Approval of a Penalty for a Pipeline Safety Violation by Humboldt Municipal Gas Utilities (Pipeline Safety Inspectors: Mary Zanter, Boice Hillmer; Staff Attorney: Kristen Edwards)

A lengthy discussion took place regarding docket PS15-001. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2016, March 15, 2016, recording located at: http://puc.sd.gov/commission/media/2016/puc03152016.mp3.

     The Commission stated that there will be no action taken at this time.

Telecommunications

1.     TC16-002     In the Matter of the Petition of Long Lines Wireless, LLC to Relinquish its Designation as an Eligible Telecommunications Carrier (Staff Analyst: Lorena Reichert; Staff Attorney: Adam de Hueck)

Mr. Burnie Snoddy, Kiesling Associates LLP, representing Long Lines Wireless, LLC, (Long Lines), asked that the Commission grant Long Lines' request for relinquishment. Ms. Lorena Reichert, staff analyst, stated that staff was not opposed to Long Lines' request.

     Commissioner Nelson moved to grant the request for relinquishment. Motion carried 3-0.

Hydrocarbon Pipeline

1.     HP14-002     In the Matter of the Application of Dakota Access, LLC for an Energy Facility Permit to Construct the Dakota Access Pipeline (Staff Analyst: Darren Kearney; Staff Attorneys: Kristen Edwards, Karen Cremer)

A lengthy discussion took place regarding docket HP14-002. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2016, March 15, 2016, recording located at: http://puc.sd.gov/commission/media/2016/puc03152016.mp3.

     Commissioner Sattgast moved to grant Dakota Access' Motion to Withdraw its previous motion filed on January 27, 2016. Motion carried 3-0.

     Commissioner Hanson moved to grant Dakota Access' Motion for Approval of Eric Munz for Public Liaison Officer filed on February 18, 2016. Motion carried 3-0.

     Commissioner Hanson moved to grant Dakota Access' Motion for Approval of Ryan Coleman for Third Party Compliance Monitor. Motion carried 3-0.

There being no further business, at the hour of 2:58 p.m. the South Dakota Public Utilities Commission meeting adjourned.

/s/Joy Lashley     .
Joy Lashley
Administrative Assistant
PUC Email
March 15, 2016