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South Dakota Public Utilities Commission Meeting
December 17, 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 16, 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

Administration

1.      Approval of the Minutes of the Commission Meetings Held on November 22 and December 3, 2013, and the Ad Hoc Meeting on December 5, 2013 (Staff: Tina Douglas and Joy Lashley)

Consumer Reports

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

Electric

1.     EL08-031     In the Matter of the Application by Buffalo Ridge II LLC a Subsidiary of Iberdrola Renewables, Inc., for an Energy Conversion Facility Permit for the Construction of the Buffalo Ridge II Wind Farm and Associated Collection Substation and Electric Interconnection System. (Staff Analyst: Brian Rounds; Staff Attorney: Karen Cremer)

On October 31, 2008, Buffalo Ridge II LLC a subsidiary of Iberdrola Renewables, Inc., (Buffalo Ridge or Applicant) submitted an application for an Energy Conversion Facility Permit for the Construction of the Buffalo Ridge II Wind Farm and Associated Collection Substation and Electric Interconnection System. The project consists of a wind farm on up to 77 acres dispersed throughout portions of up to 77 sections of land in Brookings and Deuel counties as well as a 13-mile long 115 kilovolt overhead transmission line. It could have a name plate capacity of up to 306 megawatts. The Deuel County Commission, the South Dakota Rural Electric Association, Sioux Valley Energy, H-D Electric Cooperative, the Brookings County Commission and Ralph Terrell Spence and Catherine D. Carter were granted intervention. On April 23, 2009, the Commission issued its Final Decision and Order authorizing the construction of the Project which included the requirement that Applicant furnish an indemnity bond in the amount of $50,000 pursuant to SDCL 49-41B-38 to secure the restoration and repair of damage to roads and other public infrastructure. On December 14, 2009, Applicant filed the bond. On November 26, 2013, Applicant filed a Bond Release Request.

     TODAY, shall the Commission grant the request for release of construction bond and authorize the Executive Director or General Counsel to execute any necessary release documents to release Safeco Insurance Company of America Bond No. 6659429?

Pipeline Safety

1.     PS13-001     In the Matter of the Filing by Commission Pipeline Safety Staff for Approval of a Penalty for a Pipeline Safety Violation by Humboldt Municipal Gas Utilities Gas (Staff Analyst: Mary Zanter; Staff Attorney: Kristen Edwards)

On May 7, 2013, Pipeline Safety Staff (Staff) of the Public Utilities Commission filed a complaint, alleging violations of pipeline safety regulations by Humboldt Municipal Gas Utilities. Staff filed an amended complaint on July 23, 2013. The Parties intend to file a Stipulation and Request for Dismissal without Prejudice on or prior to December 16, 2013.

     TODAY, shall the Commission grant the Request for Dismissal without Prejudice? OR, how shall the Commission proceed?
                                            
2.     PS13-002     In the Matter of the Filing by Commission Pipeline Safety Staff for Approval of a Penalty for Pipeline Safety Violation by Crooks Municipal Gas (Staff Analyst: Mary Zanter; Staff Attorney: Kristen Edwards)

On May 7, 2013, Pipeline Safety Staff (Staff) of the Public Utilities Commission filed a complaint, alleging violations of pipeline safety regulations by Crooks Municipal Gas. Staff filed an amended complaint on July 23, 2013. A hearing was scheduled for September 10, 2013. On September 5, 2013, the parties filed a Joint Request to Cancel Hearing. Staff filed a Stipulation and Request for Dismissal without Prejudice on December 5, 2013.

     TODAY, shall the Commission grant the Request for Dismissal without Prejudice? OR, how shall the Commission proceed?

3.     PS13-003     In the Matter of the Filing by Commission Pipeline Safety Staff for Approval of a Penalty for a Pipeline Safety Violation by Garretson Municipal Gas Utilities (Staff Analyst: Mary Zanter; Staff Attorney: Kristen Edwards)

On May 7, 2013, Pipeline Safety Staff (Staff) of the Public Utilities Commission filed a complaint, alleging violations of pipeline safety regulations by Garretson Municipal Gas Utilities. Staff filed an amended complaint on July 23, 2013. The Parties intend to file a Stipulation and Request for Dismissal without Prejudice on or before December 16, 2013.

     TODAY, shall the Commission grant the Request for Dismissal without Prejudice? OR, how shall the Commission proceed?

Telecommunications

1.     TC13-116     In the Matter of the Filing by MCC Telephony of the Midwest, LLC for Approval of Revisions to Tariff No. 1 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

On October 10, 2013, the Commission received an application from MCC Telephony of the Midwest, LLC (MCC). This filing proposes to modify its switched access rates as well as update the Company's issuing officer and address on the tariff. MCC is revising its intrastate switched access rates to remain at parity with its interstate switched access rates. MCC is requesting an effective date of November 9, 2013. On November 13, 2013, the Company responded to Staff's data requests.

     TODAY, shall the Commission approve the revisions to the access services tariff?

Items for Commission Discussion

Announcements

  1. 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.

  2. The PUC offices will be closed December 24-25, 2013, in observance of the Christmas holiday.

  3. The PUC offices will be closed Wednesday, January 1, 2014, in observance of the New Year's Day holiday.

  4. Commission meetings are scheduled for January 7 and 27, 2014.

  5. Commissioners will attend the Mid-America Regulatory Commissioners Retreat, January 9-11, 2014, at the InterContinental Hotel, Austin, Texas.

  6. Commissioners and staff will attend the South Dakota Ag Expo, January 15-16, 2014, at the Sioux Falls Convention Center, Sioux Falls, S.D.

  7. The PUC offices will be closed Monday, January 20, 2014, in observance of the Martin Luther King, Jr. Day holiday.

  8. Commissioners and staff will meet with representatives of NorthWestern Energy on Wednesday, January 22, 2014, at 9:30 a.m. CST in the Floyd Matthew Training Center/Foss Building in Pierre, S.D. The agenda is to discuss the company's finance department overview, wholesale operations, South Dakota operations and customer care.

/S/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
December 10, 2013