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South Dakota Public Utilities Commission Meeting

Tuesday, December 12, 2006, at 9:30 A.M.

Room 412, State Capitol Building

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 December 11, 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.  TC05-047    In the Matter of the Proceeds from Bonds and Other Security for the Benefit of Customers of S&S Communications (Staff Attorney:  John Smith)


 On March 2, 2005, the Commission received a Petition from Commission Staff to open a docket for the administration and distribution of proceeds from bonds and other security (Proceeds) received by the Commission for the benefit of customers of S&S Communications (S&S). On or about June 3, 2003, S&S ceased providing wireline telecommunications service, for which several hundred South Dakota customers had pre-paid. On August 28, 2003, the Commission issued its final decision in Docket TC02-166 revoking S&S's certificate of authority. Staff has been attempting to collect on two bonds issued by Allied Insurance in the face amounts of $50,000 and $75,000 which had been cancelled by Allied effective July 28, 2001 and October 30, 2001, respectively. On November 27, Staff received a settlement offer from Allied for both cancelled bonds in the amount of $30,000.


TODAY, shall the Commission Approve the Settlement and Authorize the Executive Director and Commission Counsel to Execute such Releases and Other Documents as May be Necessary to Obtain Payment?


Gas and Electric


1.   GE06-001  In the Matter of the Merger between NorthWestern Corporation and BBI Glacier Corp., a Subsidiary of Babcock & Brown Infrastructure Limited  (Staff Analyst:  Dave Jacobson,  Staff Attorney:  Kara Van Bockern)


Northwestern Corporation ("NorthWestern") and Babcock & Brown Infrastructure Limited ("BBIL") have entered into an agreement and plan of merger, dated as of April 25, 2006, which is pending approval of the stockholders of Northwestern at its annual meeting to be held on August 2, 2006. In connection with this transaction (the "Transaction"), a question has arisen as to whether the South Dakota Public Utilities Commission (Commission) has jurisdiction to approve the Transaction. Thus, NorthWestern and BBIL have filed a petition for a declaratory ruling pursuant to SDCL § 1-26-15 and ARSD 20:10:01:34. If the Commission concludes that it does in fact have jurisdiction, a second question is presented, namely, will the Commission approve the transaction.  On June 21, 2006, Missouri River Energy Services filed a Petition to Intervene and a Provisional Request for Conditions to Approval of Merger.  Petitions to Intervene were also filed by Heartland Consumers Power District (Heartland) and South Dakota Power Company (SDPC)on June 21, 2006, and by East River and Basin Electric on June 22, 2006.  Intervention was granted to all parties above at the July 11, 2006, Commission Meeting.  On October 10, 2006, Heartland and SDPC filed a Motion for Continuance.  On October 31, 2006, the Commission issued an Order Granting Motion for Continuance, and a Third Scheduling Order.  In that Order December 12, 2006, was set for oral arguments.


TODAY, shall the Commission Rule on Northwestern and BBIL's Petition for Declaratory Ruling?



Heather K. Forney

Deputy Executive Director

December 8, 2006