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South Dakota Public Utilities Commission Meeting
December 3, 2013, 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 Monday, December 2, 2013. 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
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
On June 29, 2012, the Commission received an application by Northern States Power Company dba Xcel Energy (Xcel) for approval to increase rates for electric service to customers in its South Dakota service territory by approximately $19.368 million annually or approximately 11.53% based on Xcel's 2011 test year. The Company stated a typical residential electric customer using 750 kWh per month would see an increase of 12.7%, or $9.82 per month. The proposed rates may potentially affect approximately 85,000 customers in Xcel's South Dakota service territory. On March 15, 2013, a Joint Motion for Approval of Settlement Stipulation, Settlement Stipulation and Staff Memorandum were filed with the Commission. On March 19, 2013, Xcel filed its Interim Refund Plan. On April 18, 2013, the Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation; Order Approving Refund Plan. On October 1, 2013, Xcel filed its Infrastructure Rider Annual Compliance Filing and Update. Staff advises it expects to file a Staff Memorandum regarding the Infrastructure Rider Annual Compliance Filing and Update on or before November 27, 2013.
TODAY, shall the Commission approve the Infrastructure Rider Annual Compliance Filing and Update and associated tariff sheet as filed? OR how shall the Commission proceed?
On February 27, 2013, the Commission received a petition from Northern States Power Company dba Xcel Energy (Xcel) for approval of its 2013 Transmission Cost Recovery (TCR) Rider, Adjustment Factor, and Tracker Account report. For 2013, Xcel proposed to begin recovery of the South Dakota jurisdictional portion of the revenue requirements related to twenty-two transmission projects located throughout its service territory. On June 10, 2013, Xcel filed a supplement to its 2013 TCR Petition requesting the Commission approve the TCR rate to be set at $0.00 for the remainder of 2013. On June 25, 2013, the Commission issued an Order Approving Tariff Revision, authorizing the rate to be set at $0.00 for the remainder of 2013. On November 26, 2013, Staff filed a Joint Motion for Approval of Settlement Stipulation, Settlement Stipulation, and Staff Memorandum. The Settlement Stipulation specifies the projects eligible for recovery in the TCR in 2013 and sets forth the estimated 2013 revenue requirement, including an agreed upon rate of return and other components of the revenue requirement. The Settlement Stipulation does not include a revised rate as the rate was set to $0.00 in July for the remainder of 2013.
TODAY, shall the Commission grant the Joint Motion for Approval of Settlement Stipulation and approve the terms and conditions stipulated therein? OR how shall the Commission proceed?
On May 1, 2013, the Commission received a filing from Otter Tail Power Company (Otter Tail) requesting approval of its proposed South Dakota Energy Efficiency Plan for 2014-2015. The proposed plan includes projects for all customer classes and major end uses that have the greatest potential for energy savings. Further, the plan has new program offerings for both residential and commercial customers. On November 6, 2013, the Commission issued an Order Approving Energy Efficiency Plan for 2014 And 2015 (Order). At its regular meeting on November 22, 2013, Chairman Nelson moved that Docket EL13-016 be placed on the next meeting agenda for reconsideration of the Commission's approval of that portion of Otter Tail's proposed South Dakota Energy Efficiency Plan for 2014-2015 that requires Otter Tail to come before the Commission for approval only if an increase to the overall plan budget exceeds 30 percent.
TODAY, shall the Commission reconsider the portion of the Otter Tail Energy Efficiency Plan for 2014 and 2015 approved by the Commission in the Order that requires Otter Tail to come before the Commission for approval only if an increase to the overall plan budget exceeds 30 percent? AND, how shall the Commission rule on reconsideration?
On November 11, 2013, the Commission received a filing from NorthWestern Corporation, dba NorthWestern Energy (NorthWestern), for approval of a Contract with Deviations. The proposed contract would extend three-phase electric distribution service to an irrigation site with the customer paying the actual project costs. NorthWestern requests a November 25, 2013, effective date and that it be approved on less than 30 days' notice.
TODAY, shall the Commission approve the Contract with Deviations on less than 30 days' notice, with a November 25, 2013, effective date?
Natural Gas
On December 21, 2012, the Commission received an application by Montana-Dakota Utilities Co. (MDU) for approval to increase rates for natural gas service to customers in its South Dakota service territory, consisting of the Black Hills and East River service areas, by approximately $1.5 million based on MDU's test year ending June 30, 2012. MDU also proposed to consolidate the Black Hills and East River areas into one rate jurisdiction. On February 19, 2013, Federal Executive Agencies (FEA) filed a Petition to Intervene. Intervention was granted to FEA on March 6, 2013. On April 19, 2013, the Commission received a Withdrawal motion from FEA, and on May 10, 2013, the Commission issued an Order Granting Withdrawal. On October 1, 2013, Staff filed its testimony. On October 24, 2013, Staff filed MDU's and Staff's Joint Motion for Approval of Settlement Stipulation, Settlement Stipulation, and Staff Memorandum Supporting Settlement Stipulation. On November 5, 2013, the Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation. On November 22, 2013, MDU filed its Refund Plan. Staff has advised that it expects to file a Staff Memorandum regarding the Refund Plan on or before November 27, 2013.
TODAY, shall the Commission approve the interim rate refund plan? OR how shall the Commission proceed?
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC13-063, TC13-065, TC13-074, TC13-088, TC13-092, TC13-101, and TC13-103.
On June 26, 2013, the Commission received an application from Valley Telephone Company 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. On August 2, 2013, the Company responded to Staff's data requests.
On June 26, 2013, the Commission received an application from Red River Rural Telephone Association 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. On July 17, July 31, and October 28, 2013, the Company responded to Staff's data requests.
On June 27, 2013, the Commission received an application from Fort Randall Telephone Company 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. On November 1, 2013, the Company responded to Staff's data requests.
On June 28, 2013, the Commission received an application from West River Telecommunications Cooperative (Mobridge) 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. On July 19, and October 25, 2013, the Company responded to Staff's data requests.
On June 28, 2013, the Commission received an application from Knology Community Telephone, Inc. 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.
On July 1, 2013, the Commission received an application from Venture Communications Cooperative 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. On July 19, and October 25, 2013, the Company responded to Staff's data requests.
On July 1, 2013, the Commission received an application from Brookings Municipal Telephone dba Swiftel 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. On July 24, 2013 the Company responded to Staff's data requests.
TODAY, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in each of the above dockets?
On January 24, 2013, the Commission received a filing from XO Communications Services, Inc. (XO). This filing proposes to modify its switched exchange access tariff. On November 12, 2013, XO filed responses to staffs data request. On August 29, 2013, XO filed a letter requesting to withdraw their tariff filing.
TODAY, shall the Commission approve the withdrawal of the tariff filing?
On October 29, 2013, the Commission received a joint filing from Midstate Communications, Inc. and Midstate Telecom, Inc. This filing proposes an amendment to the COA of Midstate Telecom, Inc. to permit Midstate Communications, Inc. to operate as the competitive local exchange carrier. This amendment comes with the prospective merger of Midstate Telecom, Inc. into Midstate Communications, Inc. The Applicants also request waivers of ARSD 20:10:32:03: (6), (7), (8)(c), (10), (13), (14), (15), (18), (19), (20) and (22). On November 15, 2013, the Applicants filed responses to staff's data request.
TODAY, shall the Commission grant the waivers of ARSD 20:10:32:03: (6), (7), (8)(c), (10), (13), (14), (15), (18), (19), (20) and (22)? AND, shall the Commission approve Midstate Telecom, Inc.'s amended Certificates of Authority and its transfer to Midstate Communications, Inc.? AND, shall the Commission waive Midstate Telecom, Inc.'s surety indemnity bond requirement?
Items for Commission Discussion
Following the Commission's consideration of the master metering exception determination in Docket EL13-034 at its regular meeting on November 22, 2013, Vice Chairman Nelson directed the Commission's General Counsel to research what authority the Commission could lawfully exercise under the Public Utility Regulatory Policies Act of 1978, as amended, and South Dakota state law to repeal or amend some or all of the rules governing master metering set forth in ARSD Chapter 20:10:26 and report his findings to the Commission as a discussion item at its next regular meeting on December 3, 2013, and, based on that information, whether the Commission should undertake a rulemaking to consider such actions. Refer to informational filing IF13-001 - South Dakota Public Utilities Commission's Authority to Amend or Repeal Rules Governing Master Metering Set Forth in ARSD Chapter 20:10:26
Announcements
- The PUC offices will be closed November 28-29, 2013, in observance of the Thanksgiving holiday.
- Commissioners and staff will meet with representatives of the South Dakota Electric Utility Companies on Wednesday, December 4, 2013, at 12 Noon CST at the Associated General Contractors of South Dakota conference room, 300 East Capitol Avenue, Pierre, S.D. The agenda is to discuss company updates.
- PUC Commissioners and staff will meet with representatives of Otter Tail Power Co. on Tuesday, December 10, 2013, at 9:30 a.m. CST, in Room 413 at the State Capitol Building, Pierre, S.D. The agenda is to discuss the company's integrated resource plan.
- A hearing will be held in Docket TC11-087 on December 11-12, 2013, beginning at 9 a.m. CST on December 11 in Room 413 of the State Capitol Building, Pierre, S.D. The hearing will continue at 8:30 a.m. on December 12.
- A hearing in Dockets TC13-120 through TC13-135 will be held beginning at 9:00 a.m. CST on Tuesday, December 17, 2013, in Room 413 at the State Capitol Building, Pierre, S.D.
- The next regularly scheduled commission meeting will be Tuesday, December 17, 2013, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, S.D.
- The PUC offices will be closed December 24-25, 2013, in observance of the Christmas holiday.
- Commission meetings are scheduled for January 7 and 27, 2014.
/S/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
November 26, 2013
