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South Dakota Public Utilities Commission Meeting
June 7, 2016, at 9:30 A.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, June 6, 2016. 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 Meeting Held on May 24, 2016 (Staff: Joy Lashley)

Consumer Reports

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

Natural Gas

1.     NG15-005     In the Matter of the Application of Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Lorena Reichert, Joseph Rezac; Staff Attorney: Adam de Hueck)

On June 30, 2015, 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 by approximately $1.5 million annually or approximately 3.1 percent based on MDU's test year ending December 31, 2014. The Company states a typical residential natural gas customer using 72 dk on an annual basis would see an increase of $2.21 per month or 4.64 percent. The proposed changes may potentially affect approximately 57,600 natural gas customers in MDU's South Dakota service territory. On July 22, 2015, the Commission issued an Order Assessing Filing Fee and Suspending Operation of Proposed Rates. On July 29, 2015, the Federal Executive Agencies (FEA) filed a Petition to Intervene. On August 20, 2015, the Commission granted intervention to the FEA. On November 23, 2015, MDU filed a Notice of Intent to Implement Interim Natural Gas Service Rates effective on and after January 1, 2016. On May 19, 2016, Staff, MDU and FEA filed a Joint Motion for Approval of Settlement Stipulation and Settlement Stipulation. On May 20, 2016, Staff filed its Staff Memorandum. On May 27, 2016, MDU filed its Notice to Customer of the Rate Increase.     

     TODAY, shall the Commission grant the Joint Motion for Approval of Settlement Stipulation and approve the rates, tariff sheets, terms and conditions stipulated therein, including the attached Interim Refund Plan? OR, how shall the Commission proceed? 

Electric

1.     EL15-024     In the Matter of the Application of Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. for Authority to Increase its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Lorena Reichert, Joseph Rezac; Staff Attorney: Adam de Hueck)

On June 30, 2015, the Commission received an application by Montana-Dakota Utilities Co. (MDU) for approval to increase rates for electric service to customers in its South Dakota service territory by approximately $2.7 million annually or approximately 19.2 percent based on MDU's test year ending December 31, 2014. The Company states a typical residential electric customer using 854 kWh per month would see an increase of $16.91 per month or 19.2 percent. The proposed changes may potentially affect approximately 8,600 electric customers in MDU's South Dakota service territory. On July 22, 2015, the Commission issued an Order Assessing Filing Fee and Suspending Operation of Proposed Rates. On November 23, 2015, MDU filed a Notice of Intent to Implement Interim Electric Service Rates effective on and after January 1, 2016. On May 20, 2016, Staff and MDU filed a Joint Motion for Approval of Settlement Stipulation and Settlement Stipulation. On May 20, 2016, Staff also filed its Staff Memorandum. On May 27, 2016, MDU filed its Notice to Customer of the Rate Increase.

     TODAY, shall the Commission grant the Joint Motion for Approval of Settlement Stipulation and approve the rates, tariff sheets, terms and conditions stipulated therein, including the attached Interim Refund Plan? OR, how shall the Commission proceed? 

2.     EL16-013     In the Matter of the Petition for Electrical Service by Dakota Plains Ag Center, LLC to have NorthWestern Energy Assigned as its Electric Provider in the Service Area of Bon Homme Yankton Electric Association Inc. (Staff Analysts: Patrick Steffensen, Eric Paulson; Staff Attorney: Kristen Edwards)

On April 1, 2016, the Commission received a petition from Dakota Plains Ag Center, LLC (Dakota Plains) for a service territory exception pursuant to SDCL 49-34A-56. Dakota Plains requests authorization to take electric service from NorthWestern Corporation dba NorthWestern Energy (NorthWestern). Dakota Plains states it would be a new customer within the territory of Bon Homme Yankton Electric Association, Inc. (B-Y Electric). Intervention has been granted to B-Y Electric, NorthWestern, and South Dakota Rural Electric Association (SDREA). On May 23, 2016, Staff filed its Letter regarding Pre-Hearing Motions. On May 27, 2016, B-Y Electric filed a Motion for Summary Judgment and SDREA filed a Joinder to Motion for Summary Judgment. Also, on May 27, 2016, Dakota Plains filed a Motion in Limine, a Motion to Quash Subpoena Duces Tecum, and a Motion for Summary Judgment. On May 31, 2016, B-Y Electric filed a Motion to Compel Dakota Plains to answer certain discovery requests. On June 1, 2016, B-Y Electric filed a Motion for Continuance Pending Completion of Discovery Pursuant to SDCL 15-6-56(f).

     TODAY, shall the Commission grant B-Y Electric's Motion for Continuance Pending Completion of Discovery Pursuant to SDCL 15-6-56(f), or how shall the Commission proceed? AND, shall the Commission grant Dakota Plains' Motion for Summary Judgment? AND, shall the Commission grant B-Y Electric's Motion for Summary Judgment? AND, shall the Commission grant Dakota Plains' Motion in Limine? AND, shall the Commission grant Dakota Plains' Motion to Quash Subpoena Duces Tecum? AND, shall the Commission grant B-Y Electric's Motion to Compel Discovery?

Announcements

  1. Commissioners will attend the Sioux Valley Energy Annual Meeting on Monday, June 6, 2016, beginning at 6:30 p.m. CDT at the Swiftel Center in Brookings, S.D.

  2. Commissioners and staff will attend the Mid-America Regulatory Conference Annual Meeting, June 12-15, 2016, at the Radisson Hotel, Bismarck, N.D.

  3. A hearing in Docket EL16-013 – In the Matter of the Petition for Electrical Service by Dakota Plains Ag Center, LLC to have NorthWestern Energy Assigned as its Electric Provider in the Service Area of Bon Homme Yankton Electric Association, Inc. will be held Monday, June 20, 2016, beginning at 11:00 a.m. CDT in the Floyd Matthew Training Center in the Foss Building, 523 E. Capitol Ave., Pierre, S.D.

  4. The next regularly scheduled commission meeting will be Tuesday, June 21, 2016, at 9:30 a.m. CDT in Room 413 at the State Capitol, Pierre, S.D.

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

 

/s/Cindy Kemnitz     
Cindy Kemnitz
Finance Manager
PUC Email
June 1, 2016