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South Dakota Public Utilities Commission Meeting

Tuesday, February 28, 2006, at 1:30 P.M.

State Capitol Building, Room 468

Pierre, South Dakota

NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 by 5:00 p.m. on February 27, 2006. The lines are limited and are given out on first come/first serve basis. Ultimately, if you wish to participate in the Commission Meeting and a line is not available you may have to appear in person.

NOTE: To listen to the Commission Meeting live please go to the PUC's Web site and click on the LIVE button on the home page. The Commission meetings are archived on the PUC's Web site under the Commission Actions tab and then click on the LISTEN button on the page.

NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.



1. EL05 022 In the Matter of the Application by Otter Tail Power Company on behalf of Big Stone II Co Owners for an Energy Conversion Facility Permit for the Construction of the Big Stone II Project. (Staff Analysts: Bob Knadle, Martin Bettmann, and Nathan Solem, Staff Attorney: Karen Cremer)

On July 21, 2005, the Commission received an Application for a Construction Permit for an Energy Conversion Facility from Otter Tail Power Company on behalf of the Project co owners; Central Minnesota Municipal Power Agency; Great River Energy; Heartland Consumers Power District; Montana Dakota Utilities Co., a Division of MDU Resources Group, Inc.; Otter Tail Corporation d/b/a Otter Tail Power Company; Southern Minnesota Municipal Power Agency; and Western Minnesota Municipal Power Agency. The proposed Energy Conversion Facility is a nominal 600 MW coal fired electric generating facility and associated facilities, which the Project co owners have named Big Stone II, to be located on an industrial site adjacent to the existing Big Stone Plant unit I in Grant County, South Dakota. The intervention deadline is 60 days after the date the application is filed pursuant to ARSD 20:10:22:40. On August 25, 2005, Clean Water Action filed a Petition to Intervene. The South Dakota Chapter Sierra Club and Union of Concerned Scientists filed Applications for Party Status on September 16, 2005. On September 19, 2005, Applications for Party Status were filed by Mary Jo Stueve, Minnesotans for an Energy Efficient Economy, Izaak Walton League of America - Midwest Office, and the Minnesota Center for Environmental Advocacy. Party Status was granted to all who filed at the September 27, 2005, commission meeting. Staff requests that the Commission authorize, pursuant to SDCL 49-1-8.2, the execution by the Executive Director of a contract for consulting services to the Staff. On February 16, 2006, Clean Water Action filed a letter requesting withdrawal of its intervention in Docket EL05-022.

TODAY, shall the Commission Authorize the Executive Director to Enter into Consulting Contracts? AND, shall the Commission Grant Clean Water Action's Request for Withdrawal from Docket EL05-022?


1. TC06-004 In the Matter of the Filing by Brookings Municipal Utilities d/b/a Swiftel Communications for Approval of its Revised Service Territory as a Result of Annexation. (Staff Analysts: Harlan Best and Martin Bettmann, Staff Attorney: Sara Greff)

As a result of an annexation to the City of Brookings, the Commission received a filing from the City of Brookings Telephone d/b/a Swiftel Communications (Swiftel) for approval to include property annexed in its exclusive franchise territory. The service territory change includes the South 1/2 of the Northeast 1/4 Section 1, T109N, R50W excluding the platted areas thereof, the East 300 feet and the North 30 feet, East 1,832 feet, West 2,165 feet in the County of Brookings, South Dakota. The City of Brookings has also annexed the following property which will be retained by Interstate Telecommunications Cooperative, Inc.; Lot 1, Clark Addition and Outlot A excluding the North 444 feet thereof, all in the Southwest 1/4 of Section 10, T110N, R49W; Outlot B in the Northwest 1/4 of the Southwest 1/4 of Section 20, T110N, R49W; and Outlot B and E in the Southwest 1/4 of the Southwest 1/4 of Section 20, T110N, R49W all in the County of Brookings, South Dakota.

Swiftel is making the request pursuant to SDCL 49-31-3 and 49-31-69 and upon previous South Dakota Public Utilities Commission (Commission) action in Docket #F-3555 and in the resulting decision by the Commission on January 2, 1987. Swiftel has also requested that the Commission waive rules ARSD 20:10:32:03(1-7); (9-21); and (23).


TODAY, shall the Commission Waive ARSD 20:10:32:03(1 – 7), (9 – 12), and (23), and Approve the Revised Service Territory as a Result of Annexation?

2. TC06-009 In the Matter of the Application of Broadband Dynamics, L.L.C. for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota. (Staff Analysts: Keith Senger and Nathan Solem, Staff Attorney: Karen Cremer)

On February 2, 2006, Broadband Dynamics, L.L.C filed an application seeking a Certificate of Authority to resell interexchange services including 1+ and 101XXXXX outbound dialing, 800/888 Toll-Free inbound dialing, directory assistance, data services and postpaid calling card services throughout South Dakota.

TODAY, shall the Commission Grant the Certificate of Authority to Broadband Dynamics, L.L.C.?

Heather K. Forney

Deputy Executive Director

February 23, 2006