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South Dakota Public Utilities Commission Meeting
December 8, 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. on December 7, 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 Ad Hoc Commission Meeting Held on September 8, 2009 and September 23, 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.      EL08-028       In the Matter of the Consideration of the New PURPA Standards. (Staff Analysts: Nathan Solem, Brian Rounds, Jon Thurber, Staff Attorney: Kara Semmler)

          On December 19, 2007, the President signed the Energy Independence and Security Act of 2007 into law. The Act includes four new federal standards to PURPA for state commissions and utilities to consider. They are (1) Integrated Resource Planning, (2) Rate Design Modification to Promote Energy Efficiency Investments, (3) Consideration of Smart Grid Investments, and (4) Smart Grid Information. The Commission must consider these standards and make a specific determination on whether their implementation is appropriate to encourage the conservation of energy supplied by electric utilities, optimal efficiencies of electric utility facilities and resources, and equitable rates for electric consumers. Montana Dakota Utilities Company (MDU) and Otter Tail Corporation d/b/a Otter Tail Power Company (OTP) filed Petitions for Intervention on December 22, 2008. MidAmerican Energy Company (MidAmerican) filed a Petition for Intervention on December 23, 2008. Northern States Power Company (Xcel Energy) filed a Petition for Intervention on December 24, 2008. On December 30, 2008, NorthWestern Corporation d/b/a NorthWestern Energy (NWE) and Black Hills Power, Inc. (BHP) filed Petitions for Intervention. On January 27, 2009 the Petitions to Intervene of MDU, OTP, MidAmerican, Xcel, NWE and BHP were granted. On March 9, 2009 the Commission signed the Order for And Notice of Procedural Schedule and Hearing. On June 19, 2009, comments were filed by MidAmerican, NWE, Xcel Energy, and MDU. On August 31, 2009, additional comments were received from MidAmerican. On September 3, 2009, additional comments were received from NWE. Comments were received on September 3, 2009 from OTP. On September 4, 2009, additional comments were received from Xcel Energy and MDU. On September 15, 2009, the Commission issued an Amended Order For and Notice of Procedural Schedule and Hearing. The hearing, regarding this matter, was held on September 22, 2009.

         Today, what is the Commission's decision?

Natural Gas

1.      NG09-006      In the Matter of the Consideration of the Energy Independence and Security Act of 2007. (Staff Analysts: Brian Rounds, Jon Thurber, Staff Attorney: Kara Semmler)

         The Energy Independence and Security Act of 2007 amends Section 303(b) of the Public Utility Regulatory Policies Act of 1978 (15 U.S.C. 3203(b)). Specifically the amendment adds energy efficiency and rate design natural gas standards for state consideration. The Commission must consider these standards and make a specific determination on whether their implementation is appropriate in South Dakota. On October 13, 2009, NorthWestern Corporation dba NorthWestern Energy (NorthWestern) filed a Petition for Intervention. On October 16, 2009, MidAmerican Energy Co. filed a Petition for Intervention. On October 23, 2009, the Commission signed an Order Setting Intervention Deadline; Order for and Notice of Procedural Schedule and Hearing. On October 30, 2009, the Commission received MidAmerican Energy Co.'s comments, NorthWestern's comments, Montana-Dakota Utilities Co.'s Petition for Intervention and comments and Staff's comments. On November 3, 2009, the Commission signed an Amended Order Setting Intervention Deadline; Order for and Notice of Procedural Schedule and Hearing. On November 10, 2009, the Commission granted Intervention to NWE, MidAmerican and MDU. The hearing, regarding this matter, was held on November 30, 2009.

         Today, what is the Commission's decision?

2.      NG09-008       In the Matter of the Filing by MidAmerican Energy Company for Approval of a Refund Plan. (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)

         On October 28, 2009, an application by MidAmerican Energy Company (MidAmerican) for approval of refund plan was received. On September 17, 2009, MidAmerican received a gas supplier refund check from Northern Natural Gas in the amount of $26,962.77. South Dakota's portion of the refund plus interest is $3,682.94, and MidAmerican proposes to incorporate this refund amount into the January 2010 purchased gas adjustment (PGA) rate.

            Today, shall the Commission approve the refund plan?

Telecommunications

1.      TC09-094           In the Matter of the Filing for Approval of an Opt-in Wireline Interconnection Agreement between Qwest Corporation and MCC Telephony of the Midwest, Inc. dba Mediacom.  (Staff Attorney: Kara Semmler)

On October 14, 2009, the Commission received a filing for approval of an Opt-in Wireline Interconnection Agreement between Qwest Corporation and MCC Telephony of the Midwest, Inc. dba Mediacom. 

   Today, shall the Commission approve the Interconnection Agreement?

Announcements

  1. 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.
  2. 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.
  3. 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.
  4. Commissioners will meet with representatives of Missouri River Energy Services on December 14 at 4:00 p.m. (CST) at the MRES office, 3724 W. Avera Dr., Sioux Falls, S.D., to discuss company updates.
  5. Commissioners will host a Wind Briefing for Legislators beginning at 8:30 a.m. (CST) on December 15, 2009, in the Meeting Room 7 at the Sioux Falls Convention Center, Sioux Falls, S.D.
  6. 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.
  7. 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.
  8. Commissioners will host a Wind Briefing for Legislators beginning at 10:30 a.m. (CST) on December 16, 2009, in the Prairie Room at the Ramkota, Aberdeen, S.D.
  9. The next regularly scheduled commission meeting will be held December 22, 2009, at 9:30 a.m. in Room 413, State Capitol Building, Pierre, S.D.
  10. The Public Utilities Commission offices will be closed Thursday and Friday, December 24 and 25, 2009, in observance of Christmas.
  11. Commission meetings are scheduled for January 5 and January 19, 2010.

 

 /S/ Cindy Kemnitz                    .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
December 1, 2009