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South Dakota Public Utilities Commission Meeting
December 8, 2015, at 9:30 A.M. CST
Room 414, 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 7, 2015. 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 12, and November 24, 2015 and the Ad Hoc Commission Meeting on November 30, 2015 (Staff: Joy Lashley)

2.      Update of deferral action of Lycamobile USA Inc. from November 24, 2015, Commission Meeting. (Staff Attorney: Kristen Edwards)

Consumer Reports

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

Electric

1.     EL15-015     In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2014 Demand Side Management Report and 2016 Proposed Demand Side Management Plan (Staff Analyst: Darren Kearney; Staff Attorneys: Karen Cremer, Adam de Hueck)

On April 30, 2015, the Commission received a Petition by Northern States Power Company dba Xcel Energy (Xcel) requesting approval of the 2014 Demand Side Management (DSM) Status Report and 2016 DSM program changes. Specifically, Xcel is requesting approval of the Company’s 2014 DSM Tracker account, the incentive earned for 2014 program performance, the proposed 2016 DSM Cost Adjustment Factor of $0.000448 per kWh, and the proposed DSM program changes for 2016. On October 5, 2015, Xcel filed an update to its proposed 2016 DSM program that requests the Commission approve the addition of new-construction LED lighting measures to the Business Lighting Efficiency program. Finally, Xcel requests an effective date of January 1, 2016, for the DSM Cost Adjustment Factor.

     TODAY, shall the Commission approve the Company’s 2014 DSM Status Report and tracker account, the performance incentive earned for 2014, the DSM program changes for 2016, and the DSM Cost Adjustment Factor of $0.000448 per kWh with a January 1, 2016, effective date?

2.     EL15-031     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Charles Mix Electric Cooperative, Inc. and NorthWestern Corporation dba NorthWestern Energy (Staff Analyst: Brian Rounds; Staff Attorney: Adam de Hueck)

On September 2, 2015, Commission Staff filed an Electric Service Territory Boundary Agreement between Charles Mix Electric Cooperative, Inc. and NorthWestern Energy. 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. Commission Staff asks for approval of the agreement to update official mapping data to properly reflect the service territory boundaries shared by the utilities in this docket. On November 23, 2015, Commission Staff filed a revised Exhibit A for the Commission’s approval.

     TODAY, shall the Commission approve the proposed electric service territory boundary agreement?

3.     EL15-032     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between H-D Electric Cooperative, Inc. and Otter Tail Power Company (Staff Analyst: Brian Rounds; Staff Attorney: Adam de Hueck)

On September 9, 2015, Commission Staff filed an Electric Service Territory Boundary Agreement between H-D Electric Cooperative, Inc. and Otter Tail Power Company. 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. Commission Staff asks for approval of the agreement to update official mapping data to properly reflect the service territory boundaries shared by the utilities in this docket. On November 23, 2015, Commission Staff filed revised Exhibits A, E and H for the Commission’s approval.

     TODAY, shall the Commission approve the proposed electric service territory boundary agreement?

4.     EL15-036     In the Matter of the Application of Black Hills Power, Inc. for Approval of Tariff Revisions Related to its Cost of Service Gas Agreement with Black Hills Utility Holdings, Inc. (Staff Analysts: Brittany Mehlhaff, Eric Paulson; Staff Attorney: Adam de Hueck)

On September 30, 2015, Black Hills Power, Inc. (BHP) filed with the South Dakota Public Utilities Commission (Commission) an Application of Black Hills Power, Inc. for Approval of Tariff Revisions (Application). BHP seeks authorization and approval of (1) revisions to its Fuel and Purchased Power Adjustment (FPPA) tariff provision for its electric utility operations to include the costs incurred by BHP under its Cost of Service Gas Agreement (COSG Agreement) between BHP and Black Hills Utility Holdings, Inc. (BHUH); (2) the COSG Agreement, as may be determined necessary by the Commission; and (3) granting waivers, conditions, approvals or other and further relief as the Commission deems necessary or appropriate. BHP proposes the tariff revision be effective upon approval by the Commission. On November 20, 2015, Constellation NewEnergy-Gas Division, LLC filed a Petition to Intervene.

     TODAY, shall the Commission grant intervention to any parties that may have filed?

5.     EL15-038     In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of its 2016 Infrastructure Rider Project Eligibility and Factor Update (Staff Analysts: Brittany Mehlhaff, Joseph Rezac; Staff Attorney: Adam de Hueck)

On October 1, 2015, the Commission received a petition from Northern States Power Company dba Xcel Energy (Xcel) for approval of its 2016 Infrastructure Rider project eligibility, revised adjustment factor, and tracker account report. Xcel requests approval of project eligibility for 10 projects included in the Docket EL14-058 Settlement Agreement Exhibit C not already included in the rider, project eligibility of 12 additional projects, the Infrastructure Rider Tracker Report and true-up for the 2015 revenue requirements of approved project investment and the proposed newly added projects, 2016 Infrastructure Rider revenue requirements of $10.3 million, an updated Infrastructure Rider Adjustment Factor of $0.004854 per kWh, proposed revision to the Infrastructure Rider tariff sheet, and proposed customer notice. Xcel proposes a January 1, 2016, effective date. Xcel states the average bill impact for a residential customer using 750 kWh per month will be increased to $3.64 per month compared to the current average residential bill impact of $0.59 per month under the current rate. On December 1, 2015, Xcel filed revised Attachments reflecting changes agreed to between Commission Staff and Xcel.
    
        TODAY, shall the Commission approve the Infrastructure Rider Adjustment Factor of $0.004806 per kWh and revised tariff sheet with an effective date of January 1, 2016?

6.     EL15-044     In the Matter of the Application of Black Hills Power, Inc. for Approval of Energy Efficiency Programs, Tariffs, and Cost Recovery Mechanism (Staff Analysts: Darren Kearney, Joe Rezac; Staff Attorney: Adam de Hueck)

On October 29, 2015, the Commission received an Application of Black Hills Power, Inc. (BHP) for Approval of Energy Efficiency Program Modifications, Tariffs, and Cost Recovery Mechanism. In this filing, BHP requests that the Commission approve: 1) the status report of Plan Year 3 of its previous Energy Efficiency Solutions Plan (EESP) approved in docket EL11-002, 2) the status report of Plan Year 1 of its currently effective EESP, 3) modifications to the currently effective EESP for  Plan Years 2 and 3, and 4) new Energy Efficiency Solutions Adjustment (EESA) rates of $0.0004/kWh for residential services and $0.0009/kWh for commercial and industrial services. The currently effective EESP is a 3-year plan that was approved by the Commission in docket EL14-038 and is effective through November 30, 2017.

     TODAY, shall the Commission approve the Energy Efficiency Solutions Plan status reports? AND, shall the Commission approve the proposed changes to the currently effective Energy Efficiency Solutions Plan? AND, shall the Commission approve the new Energy Efficiency Solutions Adjustment rates of $0.0004/kWh for residential services and $0.0009/kWh for commercial and industrial services?

7.     EL15-047     In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions to its Energy Cost Adjustment Factor Tariff (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

On November 20, 2015, MidAmerican Energy Company (MidAmerican) filed a proposed revised tariff sheet to update its Clause ECA – Energy Cost Adjustment. In the tariff, projected jurisdictional sales are defined as being through the remainder of the calendar year. The revised tariff sheet reflects MidAmerican’s proposal to revise the definition of projected jurisdictional sales as being for the months remaining until the next annual factor calculation. This change will ensure that the time period used for the sales in the adjustment factor calculation will be consistent with the time period over which the adjustment factor will be applied. 

     TODAY, shall the Commission approve the tariff revision with an effective date of December 23, 2015?

Gas and Electric

1.     GE15-003     In the Matter of the Request by RMB Associates, LLC for a Variance to the Separate Metering Requirement in 20:10:26:03(1) for Graystone Heights Apartments - a 331 Unit Apartment in Sioux Falls, South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Adam de Hueck)

On November 4, 2015, RMB Associates, LLC filed a request for a variance of the individual metering requirement contained in ARSD 20:10:26:05. RMB Associates plans to build a 331 unit apartment project in southeast Sioux Falls. Under the lease structure on this project, the Landlord is going to pay all utilities. Therefore, RMB Associates is requesting to master meter the building for electrical and gas services.

     TODAY, shall the Commission grant the Master Metering Variance request to RMB Associates, LLC? OR how shall the Commission proceed?

Telecommunication

1.     TC15-059     In the Matter of the Filing by Native American Telecom, LLC for Approval of Revisions to its Access Service Tariff No. 2 (Staff Analyst: Lorena Reichert; Staff Attorney: Adam de Hueck)

On July 30, 2015, Native American Telecom, LLC (NAT) filed a request for approval of revisions to its Access Services Tariff No. 2. NAT is submitting this filing to be in compliance with the Federal Communications Commission’s November 18, 2011, Intercarrier Compensation Reform Order (FCC 11-161) and to make other changes to the tariff. NAT requests that the tariff revisions become effective on July 31, 2015. On August 20, 2015, CenturyLink Communications, LLC (CenturyLink) filed a Petition to Intervene. On August 27, 2015, NAT filed revisions to its tariff in response to CenturyLink’s concerns. On September 1, 2015, CenturyLink withdrew its Petition to Intervene. On August 12, 2015, NAT responded to staff's first data request by submitting a redlined version of the tariff revisions. On September 30, 2015, NAT responded to staff’s second data request and filed revised tariff pages. On November 9, 2015, NAT responded to staff’s third data request and filed revised tariff pages. On November 10, 2015, NAT submitted a document containing the original proposed tariff pages along with any revised tariff pages from the data requests. On November 12, 2015, the Commission deferred the docket, requesting clarification to questions raised by Commission Counsel. On November 16, 2015, NAT responded to Commission Counsel’s questions and filed revised tariff pages. On November 24, 2015, the Commission deferred the docket, requesting clarification to questions raised by Commission Counsel. On November 30, 2015, NAT responded to Commission Counsel’s questions and filed revised tariff pages.

     TODAY, shall the Commission approve Native American Telecom, LLC’s Revisions to its Access Service Tariff No. 2?

2.     TC15-063     In the Matter of the Application of Midcontinent Communications for an Amended Certificate of Authority and for a Waiver of ARSD 20:10:32:15 (Staff Analyst: Lorena Reichert; Staff Attorney: Kristen Edwards)

On August 18, 2015, Midcontinent Communications (Midcontinent) filed an Application for an Amended Certificate of Authority, seeking to provide competitive local exchange services in the exchange areas of Bowdle and Roslyn. At that time, Midcontinent also filed an application for Waiver of ARSD 20:10:32:15. On September 4, 2015, the South Dakota Telecommunications Association (SDTA) and Venture Communications Cooperative (Venture) each filed a Petition to Intervene. At the September 15, 2015, Commission meeting, the Commission granted the SDTA and Venture intervention. On September 23, 2015, and October 5, 2015, Midcontinent responded to staff’s first and second data requests. On October 13, 2015, Midcontinent filed an application for an amended certificate of authority to provide local exchange service in Bowdle and Roslyn, as well as Selby, Java, and Roscoe. At that time, Midcontinent also submitted an amended request for interconnection with Venture. On November 11, 2015, Midcontinent responded to staff’s third data request.

     TODAY, shall the Commission grant Midcontinent’s request for an Amended Certificate of Authority and Waiver of ARSD 20:10:32:15? OR how shall the Commission proceed?

Items for Commission Discussion

Announcements

  1. Commissioners and staff will meet with representatives of NorthWestern Energy on Wednesday, December 2, 2015, at 1:30 p.m. CST in Room 413 at the State Capitol, Pierre, S.D. The agenda is to discuss an update of NorthWestern Energy’s operations, finance and customer service activities.

  2. Commissioners and staff will meet with representatives of the South Dakota Electric Utility Companies on Thursday, December 3, 2015, at noon CST at the Associated General Contractors conference room, 300 E. Capitol Ave., Pierre, S.D. The agenda is to discuss company updates.

  3. The next regularly scheduled commission meeting will be Tuesday, December 22, 2015, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, S.D.

  4. The PUC offices will be closed beginning at noon CST, Thursday, December 24 through Friday, December 25, 2015, in observance of the Christmas holiday.

  5. Commission meetings are scheduled for January 5 and 19, 2016.

/s/Cindy Kemnitz     
Cindy Kemnitz
Finance Manager
PUC Email
December 1, 2015