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South Dakota Public Utilities Commission Meeting
October 2, 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, October 1, 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 Attorney: Karen Cremer)

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 argues the project is a "Qualified Facility" under PURPA regulations and as a result NWE is required to purchase power produced by the wind farm. Oak Tree alleges that NWE refuses to enter into a purchase power agreement and requests the Commission hear and resolve all issues. On February 28, 2012, the Commission served an Order for and Notice of Hearing. On March 14, 2012, the Commission issued an Order Denying Motion to Allow Electronic Testimony. On March 15, 2012, the Commission issued an Order Denying Oak Tree's Omnibus Prehearing Motions and Granting In Part and Denying in Part Parties' Motions to Strike and Exclude. On March 21, 2012, and March 22, 2012, the hearing was held as scheduled. The Commission heard oral arguments on April 26, 2012. The Commission deferred action until May 2, 2012. On May 2, 2012, the Commission again considered what action to take on the Complaint and on May 15, 2012, issued an Interim Order; Order for and Notice of Further Hearing setting forth certain interim findings and conclusions on the primary issues in the case, setting the matter for further hearing on June 19, 2012, and establishing a procedural schedule for the submission of additional pre-filed testimony. On May 29, 2012, Oak Tree filed Oak Tree Energy, LLC's Motion for Partial Reconsideration of lnterim Order, and in response, on May 31, 2012, the Commission issued an Order Cancelling Procedural Schedule and Hearing. On June 14, 2012, NWE filed NorthWestern Energy's Application for Reconsideration of Findings and Conclusions in Interim Order Issued on May 15, 2012. Each of the parties submitted answers responsive to the Oak Tree and NWE reconsideration requests, and on July 10, 2012, Oak Tree filed a Reply in Support of its Motion to Reconsider.

     TODAY, how shall the Commission rule on Oak Tree's Motion for Partial Reconsideration? AND, how shall the Commission rule on NorthWestern's Application for Reconsideration?


/S/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
September 25, 2012