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South Dakota Public Utilities Commission Meeting
September 28, 2010, at 9:30 A.M. CDT
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. CDT on Monday, September 27, 2010. 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 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, Click on "Commission Meetings Archives," to access the recordings.

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 September 14, 2010. (Staff: Stephanie Harmon)

Consumer Reports

1.      Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)

Consumer Complaint

1.      CE10-002        In the Matter of the Complaint Filed by Kathleen Soesbe, Springfield, South Dakota, Against NorthWestern Energy Regarding a Billing Dispute (Staff Analyst: Deb Gregg, Staff Attorney: Kara Semmler)

         On July 30, 2010, the Commission received a complaint filed by Kathleen Soesbe of Springfield, South Dakota, against NorthWestern Energy. Ms. Soesbe does not believe she should be liable for services at a previous residence at a time she did not reside there.  On July 30, 2010, the Commission sent, via email, a Notice of Complaint and Deadline for an Answer to Northwestern Energy.  On August 18, 2010, the Commission received an answer to the customer's complaint by Northwestern Energy.

         TODAY, shall the Commission dismiss and close the docket?

Natural Gas

1.      NG10-007       In the Matter of the Filing by NorthWestern Energy for Approval of Tariff Revisions (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)

         On August 26, 2010, the Commission received an application by NorthWestern Energy (NorthWestern) to update its fuel retention percentage for natural gas transportation service. NorthWestern's tariff provides that the fuel retention percentage be adjusted annually with the updated percentage to be effective October 1 of each year. NorthWestern is also proposing tariff revisions to create a separate fuel retention rate for customers with daily average therm use greater than 30,000. The Company states that customers that fit these criteria are primarily direct connect customers whose gas systems are not subject to the normal losses of a distribution system.

         TODAY, shall the Commission approve the tariff revisions? Or in the alternative, shall the Commission grant a waiver of the tariff provision specifying an October 1, 2010, effective date?

Pipeline Safety

1.      PS10-003           In the Matter of the Complaint by Pipeline Safety Staff Against South Dakota Natural Gas Company for Violations of 49 CFR 192 (Staff Analyst: Nathan Solem, Staff Attorney: Kara Semmler)

         On September 2, 2010, the Commission received a complaint from Pipeline Safety Staff (Staff) against South Dakota Natural Gas Company (Company) for violations of 49 CFR 192. Staff identified a compliance issue on or about August 4, 2009. Although the Company agreed to a resolution of said issue, it has not completed the necessary work to date. Staff requests the Commission issue an Order of Compliance, with all necessary work to be completed no later than September 30, 2010. If compliance is not obtained, Staff requests the Commission to obtain a civil penalty and pipeline shutdown until operational compliance is achieved.

         TODAY, how shall the Commission proceed?

Telecommunications

1.      TC10-067     In the Matter of the Request of WWC License LLC dba Alltel Communications for Certification regarding its Use of Federal Universal Service Support (Staff Attorney: Kara Semmler)

         On May 28, 2010, the Commission received an application from WWC License LLC dba Alltel Communications requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011. On September 15, 2010, the Commission received a Supplemental filing in support of the Annual Certification of WWC license.

         TODAY, shall the Commission provide certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of Federal Universal Services Support as proposed? OR How shall the Commission proceed?

Items for Commission Discussion

Announcements

  1. The Public Utilities Commission offices will be closed Monday, October 11, 2010, in observance of Native American Day.
  2. The next regularly scheduled commission meeting will be held Tuesday, October 12, 2010, at 1:00 p.m., CDT, in Room 413 at the State Capitol Building, Pierre, S.D.
  3. Commission meetings are scheduled for October 26 and November 9, 2010.
  4. A hearing in CE10-001 will be held Tuesday, October 26, 2010, in Room 413 of the State Capitol Building, Pierre, S.D., beginning at 1:30 p.m., CDT.
  5. Commissioners and staff will meet with representatives of Xcel Energy Thursday, October 27, 2010, in Room 413 of the State Capitol Building, Pierre, S.D., at 9:30 a.m. CDT to discuss the company's resource plan and the commission's role in reliability oversight.
  6. The Public Utilities Commission offices will be closed Thursday, November 11, 2010, in observance of Veterans Day.
  7. Commissioners and staff will attend the annual meeting of the National Association of Regulatory Utility Commissioners, November 14-17, 2010, in Atlanta, Ga.
  8. Commissioners and staff will meet with representatives of NorthWestern Energy Tuesday, November 23, 2010, in Room 413 of the State Capitol Building, Pierre, S.D., at 1:30 p.m. CST to discuss company updates.
  9. The Public Utilities Commission offices will be closed Thursday, November 25, 2010, in observance of Thanksgiving.

/S/ Cindy Kemnitz          
Cindy Kemnitz
Finance Manager
puc@state.sd.us
September 21, 2010