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South Dakota Public Utilities Commission Meeting
November 24, 2009, at 9:30 A.M. CST
Room 413, 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. CST on November 23, 2009. Lines are limited and are given out on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. 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 www.puc.sd.gov and click on the LIVE link on the home page. The Commission requests that persons who will only be listening to proceedings and not actively appearing in a case listen via the web cast to free phone lines for those who have to appear. The Commission meetings are archived on the PUC's Web site under the Commission Actions tab and then click on the LISTEN link 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.
AGENDA OF COMMISSION MEETING
Administration
1. Approval of the Minutes of the Commission Meeting Held on June 23, 2009; July 14, 2009; August 11, 2009; August 25, 2009; September 8, 2009 and Minutes of the Ad Hoc Commission Meeting Held on August 31, 2009. (Staff: Demaris Axthelm)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints received by the Commission. (Consumer Affairs: Deb Gregg)
Electric
1. EL09-018 In the Matter of the Application of Black Hills Power, Inc. for Authority to Increase its Electric Rates. (Staff Analysts: Bob Knadle/Dave Jacobson/Terri LaBrie Baker/Jon Thurber/Tim Binder, Staff Attorney: Karen Cremer)
On September 30, 2009, Black Hills Power, Inc. (BHP) filed an application for approval to increase rates for electric service to customers in its South Dakota service territory. BHP states that it proposes to increase rates by approximately $32 million annually or approximately 26.6% based on BHP's test year ending June 30, 2009. The company states a typical residential electric customer using 600 kWh per month would see a net increase of $17.99 per month. The proposed rates may potentially affect approximately 64,100 customers in BHP's service territory. At its October 20, 2009, meeting, the Commission approved the suspension of the imposition of the tariff for 180 days beyond September 30, 2009 and, assessed a filing fee for actual expenses not to exceed $100,000. On November 5, 2009, a Petition to Intervene of Dakota Panel, GCC Dacotah, Inc., Rushmore Forest Products, Inc., Sanford Underground Laboratory, and Spearfish Forest Products, Inc. was filed.
TODAY, shall the Commission Grant Intervention to Any Parties that May have Filed?
On September 29, 2009, Nebraska Public Power District (NPPD) and Northwest Rural Public Power District (Northwest) filed a joint request for an electric service territory exception. The purpose of the request is to allow Northwest to serve a customer in NPPD's service territory in Shannon County, just north of the Nebraska border. The customer in question is in favor of the exception.
TODAY, shall the Commission Approve the Joint Request for an Electric Service Rights Exception?
On October 23, 2009, an application was filed for approval of Joint Request for a Service Territory Boundary Change between Xcel Energy and Southeastern Electric Cooperative. This agreement seeks to modify territory boundaries in the Oxford Addition in the Northeast Quarter of Section 12 in Township 100 North, Range 50 West of Lincoln County.
1. Then north to the southwest corner of Lot 43 in the Oxford Addition.
2. Then east along the south lot line of Lot 43 to the southeast corner of Lot 19.
3. Then north along the east lot line of Lot 19 to the northeast corner, Lot 17 and approximately the center of Lot 6.
4. Then east along the south lot line of Lot 6 to the center of south Southeastern Avenue or 476th Avenue.
5. Then south along South Southeastern Avenue or 476th Avenue to the existing boundary line which is 1/2 mile north of 69th Avenue or 269th Street.
6. Then east 1/2 mile to the Northeast corner of the Southwest Quarter of Section 7 of Township 100 North, Range 49 West.
This written description will replace a section of the original description of Exhibit B numbers 104 and 105 in Section 12 in Township 100 North, Range 50 West, and Section 7 in Township 100 North, Range 49 West of Lincoln County and further defines the service territories.
TODAY, shall the Commission Approve the Joint Request for an Electric Service Territory Boundary Change?
On October 29, 2009, an application was filed by Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. requesting Commission approval of tariff sheets that reflect the removal of the tariff language related to the temporary shift in on-peak hours approved in Docket No. EL07-006. The Company previously requested the temporary change to accommodate the trial extension of the Daylight Savings Time (DST) schedule under Section 110 of the Energy Policy Act of 2005 and to avoid the cost of reprogramming any time-based metering if the change in the DST hours was not deemed to be a permanent change. The Energy Policy Act of 2005 required a report from the Department of Energy on any further changes to DST by December 1, 2007. Montana-Dakota is not aware of such a report being filed or that a change is being considered at this time and therefore, has reprogrammed its time-based metering equipment in South Dakota to be synchronized with the currently effective DST schedule.
TODAY, shall the Commission Approve the Tariff Revisions?
Natural Gas
On October 30, 2009, an application was filed by Montana-Dakota Utilities Co. (MDU) for approval of a contract with deviation between MDU and Countertops, Inc. and associated tariff revisions. The filing requests that beginning on December 1, 2009, the first 600 dk of natural gas will be delivered to Countertops on a firm basis and charged at the Firm General Service Rate and a discounted Distribution Delivery Charge and all natural gas used above the 600 dk per day firm will be delivered and billed under the Large Interruptible Transportation Service Rate 82 schedule. Countertops is conducting business in the former Merillat facility, which was also served under a contract with deviation. Countertops will continue to operate the facility as a large-volume, high-load factor customer, and MDU states it is in the best interest of the other customers for MDU to offer this discounted agreement which will satisfy Countertops' request for firm sales gas service at a competitive price that allows MDU to continue to provide natural gas service to this facility. The existing firm customers will continue to benefit through Counter tops' contribution toward pipeline demand costs and distribution cost recovery, which would not exist if Countertops was to utilize an alternate fuel.
TODAY, shall the Commission Approve the Contract with Deviations and associated tariff revisions with a December 1, 2009 effective date?
Telecommunications
1. In the Matter of the Petition for Arbitration Pursuant to the Telecommunications Act of 1996 to Resolve Issues Relating to an Interconnection Agreement in Dockets TC07-112, TC07-114, TC07-115, and TC07-116
TC07-112 In the Matter of the Petition of McCook Cooperative Telephone Company for Arbitration Pursuant to the Telecommunications Act of 1996 to Resolve Issues Relating to an Interconnection Agreement with Alltel Communications, Inc. (Staff Analyst: Bob Knadle, Staff Attorney: Karen Cremer)
TC07-114 In the Matter of the Petition of Kennebec Telephone Company for Arbitration Pursuant to the Telecommunications Act of 1996 to Resolve Issues Relating to an Interconnection Agreement with Alltel Communications, Inc. (Staff Analyst: Bob Knadle, Staff Attorney: Karen Cremer)
On October 19, 2007, each of the parties above (Parties) filed a petition for arbitration of certain unresolved terms and conditions of a proposed Interconnection Agreement with Alltel Communications, Inc. (Alltel), pursuant to Section 252 of the Telecommunications Act of 1996, SDCL 49-31-81, and ARSD 20:10:32:29. The Parties filed a list of unresolved issues and requested relief. In accordance with ARSD 20:10:32:30, a non-petitioning party may respond to the petition for arbitration and provide additional information within 25 days after the Commission receives the petition. On December 17, 2007, a Stipulation for Scheduling Order was filed. The Stipulation for Scheduling Order was approved at the January 29, 2008, commission meeting. On June 10, 2008, a Joint Stipulation for Amended Scheduling Order and Decision Date was filed. A hearing in these matters was held July 29 – 31, 2008. The Commission issued their decision at its January 27, 2009, commission meeting. On March 30, 2009, Alltel filed a Brief and Petition for Reconsideration. On April 14, 2009, the Petitioners filed a Letter and Opposition to the Petition for Reconsideration. Alltel's Petition for Reconsideration was denied at the May 19, 2009, commission meeting. On June 9, 2009, Alltel filed a Brief and a Motion to Compel in Dockets TC07-112, TC07-114, TC07-115, and TC07-116. On June 12, 2009, the parties filed a Stipulation for Amended Scheduling Order in Dockets TC07-112, TC07-114, TC07-115, and TC07-116. The Stipulation for Amended Scheduling Order was approved at the June 23, 2009, commission meeting. On July 13, 2009, Petitioners' Response to Alltel's Motion to Compel was filed. On July 28, 2009, Alltel's Motion to Submit Admitted Facts into the Record was filed. On July 31, 2009, Petitioners' Objection and Opposition to Alltel Communications, LLC's Motion to Submit Admitted Facts into the Record was filed. On August 20, 2009, Joint Stipulation for Proposed Amended Scheduling Order and Decision Date was filed. On September 18, 2009, Alltel's Motion to Reconsider
Inclusion of Getting Started Costs and Non-Sensitive Switch Costs as Part of the Reciprocal Compensation Charges was filed. On October 9, 2009, Petitioners' Opposition to Alltel Communications, Inc.'s Petition for Reconsideration (Switching Costs) was filed. On November 3, 2009, Joint Stipulation for Proposed Amended Decision Date was filed.
TODAY, shall the Commission Grant Alltel's Motion to Reconsider Inclusion of Getting Started Costs and Non-Sensitive Switch Costs as Part of the Reciprocal Compensation Charges? If so, what is the Commission's decision? The Commission shall also hear oral argument on all of the pending issues.
On October 6, 2009, the Commission received an Application for Approval of an Amendment to Certificate of Authority from McCook Cooperative Telephone Company (McCook). On October 16, 2009, the Commission received a Supplement to Application for Approval of an Amendment to Certificate of Authority. On October 30, 2009, McCook filed additional information that staff requested. On November 10, 2009, the Commission deferred action in this docket.
TODAY, shall the Commission Grant an Amended Certificate of Authority to McCook Cooperative Telephone Company?
On October 20, 2009, Sprint Communications filed its original revision to Sprint's South Dakota Access Service Tariff No. 3, 3rd Revised Checksheet Page 1. The Filing: 1) Introduces Toll Free 8YY Transit Traffic Service. This service transports Toll Free traffic originated by a third party that is not an end user or other user of the Company's local exchange or exchange access service through its wire center to an IXC customer. The connection can be either directly or indirectly connected. 2) Clarifies which components are applied to each Switched Access Service. These changes do not impact customer rates, terms or conditions. 3) Makes minor text changes in the Toll Free Database Access Service Description. 4) Reduces the Toll Free Database Access Service (TFDBAS) Basic Query rate from $0.016230 to $0.00500. Sprint requests an effective date of November 10, 2009.
TODAY, shall the Commission Approve the Access Service Tariff?
Announcements
1. A public input meeting in docket EL09-018 will be held November 24, 2009, at 7:00 p.m. (MST) in the Wells Fargo Theater at the Journey Museum, Rapid City, S.D.
2. The Public Utilities Commission offices will be closed Thursday and Friday, November 26 and 27, 2009, in observance of Thanksgiving.
3. A hearing in docket NG09-006 will be held November 30, 2009, at 11:00 a.m. (CST) in Room 464, State Capitol Building, Pierre, S.D.
4. Commissioners and Staff will meet with representatives of NorthWestern Energy on November 30, 2009, at 1:30 p.m. (CST) in Room 464, State Capitol Building, Pierre, S.D., to discuss company updates.
5. Commissioners and Staff will host a Wind Briefing for Legislators beginning at 4:00 p.m. (MST) on December 1, 2009, in the Badlands Room of the Ramkota Hotel & Convention Center, Rapid City, S.D.
6. The next regularly scheduled commission meeting will be held Dec. 8, 2009, at 9:30 a.m. in Room 413, State Capitol Building, Pierre, S.D.
7. Commissioners and Staff will meet with representatives of the South Dakota Electric Utility Companies December 9, 2009, at 12:00 p.m. (CST) at the Associated General Contractors office in Pierre, S.D.
8. Commissioners and Staff will meet with representatives of Montana-Dakota Utilities Co. on December 8, 2009, at 3:30 p.m. (CST) in Room 413, State Capitol Building, Pierre, S.D., to discuss company updates.
9. A hearing in docket EL09-009 will be held December 9-11, 2009, at 9:00 a.m. (CST) in Room 413, State Capitol Building, Pierre, S.D.
10. Commissioners will meet with representatives of Qwest on December 15, 2009, at 11:00 a.m. (CST) at the Qwest office, 125 South Dakota Ave., Sioux Falls, S.D., to discuss Qwest company updates. (Rescheduled from October 30, 2009.)
11. A hearing in docket PS09-005 will be held December 15, 2009, at 2:00 p.m. (CST) in Room 282, University Center South, Sioux Falls, S.D.
12. Commission meetings are scheduled for December 22, 2009, and January 5, 2010.
13. The Public Utilities Commission offices will be closed Thursday and Friday, December 24 and 25, 2009, in observance of Christmas.
/S/ Cindy Kemnitz_______________.
Cindy Kemnitz
Finance Manager
puc@state.sd.us
November 17, 2009
