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South Dakota Public Utilities Commission Meeting
March 9, 2012, 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 Thursday, March 8, 2012. 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 website 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 website under the Commission Actions tab, Click on "Commission Meeting 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.



1.     EL11-006     In the Matter of the Complaint by Oak Tree Energy LLC against NorthWestern Energy for refusing to enter into a Purchase Power Agreement (Staff Analysts: Chris Daugaard, Brian Rounds, Staff Attorneys: Kara Semmler, Ryan Soye)

On April 28, 2011, Oak Tree Energy, LLC (Oak Tree) filed a complaint against NorthWestern Energy (NWE). The dispute involves a proposed wind generation project located in Clark County, South Dakota. Oak Tree alleges that the project is a "Qualified Facility" under PURPA and that NWE refuses to enter into a purchase power agreement. On September 7, 2011, Oak Tree filed a Motion to Compel. On November 14, 2011, the Commission issued an Order granting the Motion in part.  On December 13, 2011, Oak Tree filed its written testimony. On January 13, 2012, NWE filed its written testimony.  On January 27, 2012, Staff filed its written testimony. On February 7, 2012, the parties stipulated to an amended filing schedule. On February 8, 2012, Oak Tree filed its Second Motion to Compel and on February 9, 2012, filed a Motion to Expedite Hearing on Second Motion to Compel pursuant to SDCL15-6-6(d).  At an Ad Hoc meeting on February 13, 2012, the Commission granted Oak Tree's Motion to Expedite Hearing on Second Motion to Compel. On February 14, 2012, NWE filed NorthWestern Energy's Resistance to Oak Tree Energy, LLC's Second Motion to Compel. On February 16, 2012, the Commission issued an Order Granting in Part Second Motion to Compel and Protective Order. On February 28, 2012, Oak Tree filed a Motion to Allow Electronic Testimony.  On March 2, 2012, NWE filed its Pre-hearing Motion to Strike requesting that portions of Oak Tree's witnesses' pre-filed testimony be stricken.  On March 5, 2012, Oak Tree filed its pre-hearing motions including an Omnibus Prehearing Motion requesting an order finding that: (i) Oak Tree's long term (20 year) avoided cost forecast is the basis for rates for the Oak Tree wind project; and (ii) Oak Tree has incurred an LEO. In addition Oak Tree filed a Motion to Exclude some of NWE's witnesses' pre-filed testimony. 

     TODAY, how shall the Commission rule on Oak Tree's Motion to Allow Electronic Testimony? 


/S/Leah Mohr
Leah Mohr
Deputy Executive Director
PUC Email
March 6, 2012