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South Dakota Public Utilities Commission Meeting
March 13, 2012, at 1:30 P.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, March 12, 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 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 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.
AGENDA OF COMMISSION MEETING
Administration
1. Approval of the Minutes of the Commission Meetings Held on February 14, 2012, and February 28, 2012 (Staff: Joy Irving)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
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 Omnibus Prehearing Motion and its Motion to Exclude portions of NWE's pre-filed testimony, AND how shall the Commission rule on NWE's Motion to Strike portions of Oak Tree's pre-filed testimony?
On February 1, 2012, the Commission received an Electric Service Territory Boundary Agreement between Moreau Grand Electric Cooperative, Inc. and McLaughlin Municipal Electric. This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, Commission Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information.
TODAY, shall the Commission approve the proposed electric service territory boundary agreement?
On February 15, 2012, the Commission received an Electric Service Territory Boundary Agreement between Moreau Grand Electric Cooperative, Inc. and West Central Electric Cooperative, Inc. This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, Commission Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information.
TODAY, shall the Commission approve the proposed electric service territory boundary agreement?
On February 15, 2012, the Commission received an Electric Service Territory Boundary Agreement between West Central Electric Cooperative, Inc. and West River Electric Association, Inc. This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, Commission Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information.
TODAY, shall the Commission approve the proposed electric service territory boundary agreement?
On February 15, 2012, the Commission received an Electric Service Territory Boundary Agreement between West Central Electric Cooperative, Inc. and LaCreek Electric Association, Inc. This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, Commission Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information.
TODAY, shall the Commission approve the proposed electric service territory boundary agreement?
Gas & Electric
On February 15, 2012, MidAmerican Energy Company (MidAmerican) filed its 2011 Energy Efficiency Annual Report and the reconciliation for the 2011 Energy Cost Recovery Factor from January 1, 2011, through December 31, 2011. In addition, MidAmerican submitted its 2012 Energy Efficiency Plan Update. MidAmerican requested approval of the 2012 programs, 2011 reconciliation, and resulting tariff changes with an effective date of April 2, 2012.
TODAY, shall the Commission approve MidAmerican's Energy Efficiency 2011 Annual Report and Reconciliation on less than 30-day notice to the Commission? AND, shall the Commission approve the 2012 Energy Efficiency Plan Update and Tariff Revisions, effective April 2, 2012, on less than 30-day notice to the Commission?
Grain Warehouse
On February 16, 2012, Commission Staff filed a Petition to request the Commission immediately suspend Anderson Seed Co Inc.'s grain buyer license pursuant to SDCL 49-45-16. Staff is specifically aware of acts of insolvency and believes immediate action is necessary. On February 17, 2012, the Commission held an Ad Hoc meeting and unanimously voted to suspend Anderson Seed Co. Inc.'s grain buyer license. No request for hearing was made.
TODAY, shall the Commission revoke the grain buyer's license and/or take any other necessary action?
Natural Gas
On October 4, 2011, the Commission received an application by Montana-Dakota Utilities Co. for approval of a revised Conservation Tracking Adjustment (CTA), pursuant to the terms of the Company's Conservation Program Tracking Mechanism Rate 90 tariff to be effective January 1, 2012. On February 24, 2012, Montana-Dakota Utilities Co. filed its Revised Exhibits 1-5; Revised Exhibit 1, Attachment B; and Revised Exhibit A, Attachment C.
TODAY, shall the Commission grant Montana-Dakota Utilities Co.'s request for approval of the Revised Conservation Program Tracking Mechanism Rate 90 Tariff effective April 1, 2012? And, shall the Commission grant Montana-Dakota Utilities Co.'s request for approval of its 2012 portfolio effective April 1, 2012? Or, how shall the Commission proceed?
Telecommunications
On October 27, 2011, the Commission received an application from Wide Voice, L.L.C. for a certificate of authority to provide local exchange services in South Dakota. Wide Voice, L.L.C. proposes to offer competitive local exchange service, including exchange access service, within the state of South Dakota using its own facilities. Wide Voice intends to offer its services initially in the territory now served by Qwest. It may also utilize resold services available from the underlying ILEC or other facilities-based carriers. Petitioner will negotiate an interconnection agreement with Qwest Corporation. On January 11, 2012, Wide Voice filed a Motion requesting a Protective Order requiring the parties and interveners to comply with a confidentiality agreement. On February 10, 2012, the Commission granted the Motion for a protective order requiring the parties and intervenors to comply with Confidentiality Agreement. On February 23, 2012, Wide Voice filed a Notice of Dismissal without Prejudice.
TODAY, shall the Commission dismiss and close the docket?
On January 11, 2012, Impact Telecom, Inc. requested a Certificate of Authority from the Commission. Impact Telecom, Inc. intends to provide resale interexchange Long Distance Services in South Dakota. The company also requests a waiver from the cash flow statement pursuant to ARSD 20:10:24:02(9).
TODAY, shall the Commission grant the Certificate of Authority to Impact Telecom, Inc.?
3. TC12-023 In the Matter of the Request for a Declaratory Ruling by Allen Beyers Regarding the Application of SDCL 49-32-6 to a Midcontinent Communications Line in Ipswich, S.D. (Staff Analyst: Deb Gregg, Staff Attorney: Kara Semmler)
On February 13, 2012, the Commission received a filing by Allen Beyers requesting a declaratory ruling regarding the application of SDCL49-32-6 to a Midcontinent Communications line in Ipswich, S.D. On February 27, 2012, the Commission received the Answer of Midcontinent Communications in which Midcontinent requested dismissal of the request for declaratory ruling on the grounds that the line in question is not a "telecommunications facility" and the Commission lacks jurisdiction to decide the matter because the Commission does not regulate cable television or internet services.
TODAY, shall the Commission grant Midcontinent's request for dismissal?, OR how shall the Commission proceed?
4. TC12-024 In the Matter of the Application of TOTAL ACCESS TELECOM, INC. for a Certificate of Authority to Provide Interexchange Long Distance Services in South Dakota (Staff Analyst: David Jacobson, Staff Attorney: Kara Semmler)
On February 14, 2012, the Commission received an Application for a Certificate of Authority from TOTAL ACCESS TELECOM INC. to provide Interexchange Telecommunications Services in South Dakota.
TODAY, shall the Commission grant TOTAL ACCESS TELECOM, INC., a Certificate of Authority?
Items for Commission Discussion
Announcements
- An ad hoc commission meeting will be held Friday, March 9, 2012, at 9:30 a.m. CST, in Room 413 at the State Capitol Building, Pierre, S.D.
- A hearing in Docket EL11-006 will be held March 21-22, 2012, beginning at 9 a.m. CDT each day in Room 413 at the State Capitol Building, Pierre, S.D.
- Commissioners and staff will meet with consumers at the Black Hills Home Builders Association Home Show, March 23-25, 2012, at the Rushmore Plaza Civic Center, Rapid City, S.D.
- The next regularly scheduled commission meeting will be held Tuesday, March 27, 2012, at 9:30 a.m. CDT, in Room 413 at the State Capitol Building, Pierre, S.D.
- Commission meetings are scheduled for April 10 and 24, 2012.
/S/ Leah Mohr
Leah Mohr
Deputy Executive Director
puc@state.sd.us
March 6, 2012
