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South Dakota Public Utilities Commission Meeting
March 11, 2008, at 9:30 A.M.
State Capitol Building, Room 412
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. on March 10, 2008.  Lines are limited and are given out on first come/first serve 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 Web site www.puc.sd.gov and click on the LIVE button on the home page. The Commission requests that 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 Web site under the Commission Actions tab and then click on the LISTEN button on the page.

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)

 Consumer Complaints

1.      CT08-001      In the Matter of the Complaint filed by Chris Weber/Pico's Garage Inc., Sioux Falls, South Dakota, against Reduced Rate Long Distance, LLC, Regarding Unauthorized Long Distance Charges.  (Staff Analyst:  Deb Gregg, Staff Attorney:  Kara Semmler)

              On February 15, the Commission received a Complaint filed by Chris Weber of Pico's Garage Inc. against Reduced Rates Long Distance regarding unauthorized long distance charges billed to his business.  The Complainant contends Reduced Rates charged him for services it neither ordered nor authorized.  The Complainant requests corrective action as authorized according to South Dakota statutes.  On February 29, 2008, Midcontinent Communications filed a Petition to Intervene as a Complainant.

         TODAY, shall the Commission Grant Intervention to Midcontinent Communications? 

Electricity

1.      EL05-023      In the Matter of the Application of Xcel Energy for a Construction Permit to Build 9.6 Miles of the Split Rock to Lakefield Junction 345 kV Transmission Line and Add Facilities to the Split Rock Substation. (Staff Analyst: Bob Knadle, Staff Attorney: Karen Cremer)

            On August 26, 2005, Xcel Energy (Xcel) submitted an application for a Construction Permit to build 9.6 miles of 345 kV Transmission Line from Split Rock to Lakefield Junction and add Facilities to the Split Rock Substation. A new 345 kilovolt line from the Split Rock Substation located west of Brandon, South Dakota to the Minnesota line is proposed to be constructed. The line will be approximately 9.6 miles in length and comprise the western portion of an 86-mile 345 kV transmission line between Split Rock Substation west of Brandon, South Dakota to the Lakefield Junction Substation east of Lakefield, Minnesota. Improvements to the Split Rock Substation will be constructed to accommodate the new 345 kV interconnection. A Joint Stipulation between Xcel and Commission Staff was filed on June 6, 2006. On August 15, 2006, Xcel filed a letter with the Commission asking for a waiver of the one year deadline pursuant to SDCL 49-41B-24, and for an additional period of time before the Commission's Final Decision. The Commission granted the waiver and additional time at its August 23, 2006, meeting. On December 11, 2006, Xcel filed a Motion to Extend Final Approval Deadline. The Commission granted the motion at its December 19, 2006, meeting. On June 4, 2007, Xcel filed a Motion to Extend Final Approval Deadline. The Commission approved the motion at its June 26, 2007, meeting. A copy of the Utility Permit issued by the Department of Transportation was filed on October 26, 2007. A Joint Stipulation between Staff and Xcel was filed on October 26, 2007.  The Stipulation was approved at the November 6, 2007, commission meeting. Xcel filed a letter on February 29, 2008, asking for approval to move a structure.

TODAY, how shall the Commission Proceed?

2.      EL07-010      In the Matter of the Filing by Sioux Valley-Southwestern Electric Cooperative d/b/a Sioux Valley Energy for Approval of Revised Service Territories as a Result of Annexation by Brookings Municipal Utilities.  (Staff Analyst:  Nathan Solem, Staff Attorney:  Kara Semmler)

            On March 16, 2007, Sioux Valley–Southwestern Electric Cooperative d/b/a Sioux Valley Energy (SVE) filed a petition to modify territory boundaries between SVE and Brookings Municipal Utilities (BMU) as a result of annexation of SVE territory by BMU.

         TODAY, shall the Commission Dismiss and Close the Docket?

3.      EL07-011      In the Matter of the Filing by Otter Tail Power Company for Approval of its Proposed Energy Efficiency Partnership Plan for 2008.   (Staff Analysts:  Brian Rounds/Dave Jacobson/Steve Wegman/Bob Knadle, Staff Attorney:  Karen Cremer)

            Application by Otter Tail for Commission consideration of a one year pilot Energy Efficiency Program. The Energy Efficiency Program consists of 10 individual programs including programs for all rate classes and major end uses showing the greatest potential for energy savings. It is proposed that the programs would be launched January 1, 2008, and it is expected that the programs, including budgets and goals, would roll over into 2009 and 2010.

         TODAY, Shall the Commission Approve Otter Tail's proposed Energy Efficiency Program? OR, how shall the Commission Proceed?

4.      EL08-004      In the Matter of the Filing by Basin Electric Power Cooperative, Inc. Regarding its Notification of Intent to Apply for a Permit for an Energy Conversion Facility. (Staff Analysts: Nathan Solem/Brian Rounds/Daris Ormesher/Bob Knadle, Staff Attorney:  Karen Cremer)

On February 20, 2008, Basin Electric Power Cooperative, Inc. filed a Notice of Intent to submit an application for a permit for an energy conversion facility.  The proposed facility is a 700-MW baseload energy conversion facility and associated linear facilities (i.e., electric transmission lines and water pipeline) in South Dakota referred to as the NextGen Project.  The proposed site for the energy conversion facility is located in Walworth County, approximately 2.75 miles to the west of Selby.  The energy conversion facility would be located on a greenfield (i.e., undeveloped) site of approximately 600 acres within a 2,360-acre plant site.  Preliminary electric system interconnection studies performed by Basin Electric indicates that approximately 40 miles of 230 kV transmission line between Basin's existing Broadland Substation, approximately 3 miles west of Huron, and Basin's existing Storla Substation, approximately 10 miles southwest of Woonsocket, would also be required.   

            TODAY, shall the Commission Designate an Affected Area Pursuant to SDCL 49-41B-6? AND, shall the Commission Designate a Local Review Committee in Accordance with SDCL 49-41B-6?

Hydrocarbon Pipeline

1.      HP07-001      In the Matter of the Application of TransCanada Keystone Pipeline, LP for a Permit under the South Dakota Energy Conversion and Transmission Facility Act to Construct the Keystone Pipeline Project. (Staff Analysts: Bob Knadle/Nathan Solem, Staff Attorney: Kara Semmler)

              On April 27, 2007, TransCanada Keystone Pipeline, LP, (Keystone) filed a siting permit application for the South Dakota portion of the Keystone Pipeline Project (Project). The Project will transport crude oil starting in Hardisty, Alberta, Canada and ending in Patoka, Illinois.  The proposed 30 inch diameter pipeline will have a nominal capacity of 435,000 barrels of oil per day (bpd) with a possible expansion to 591,000 bpd.  The proposed route will enter South Dakota at the North Dakota/South Dakota border in Marshall County and extend in a southerly direction, exiting the state at the South Dakota/Nebraska border in Yankton County.  The length of the pipeline in South Dakota will be approximately 220 miles and it will cross the counties of Marshall, Day, Clark, Beadle, Kingsbury, Miner, Hanson, McCook, Hutchinson and Yankton.  The Project also includes four pump stations in South Dakota located in Day, Beadle, Miner and Hutchinson counties along with 15 mainline valves with an average spacing of 15 miles between valves.  A scheduling and procedural order was issued at the September 11, 2007, commission meeting. A hearing in this docket was held December 3 – 7, 2007, and December 10 – 11, 2007.

         TODAY, shall the Commission Grant, Deny, or Grant with Conditions, a Permit to Keystone for Construction of the Project Pursuant to SDCL 49-41B-24? OR, how shall the Commission Proceed?

Telecommunications

1.      TC07-123      In the Matter of the Filing for Approval of a Boundary Change between Valley Telecommunications Cooperative Association, Inc. and Dickey Rural Telephone Cooperative.  (Staff Analyst:  Dave Jacobson, Staff Attorney:  Karen Cremer)

       Joint application by Valley Telecommunications Cooperative Association, Inc. ("Valley") and Dickey Rural Telephone Cooperative ("Dickey Rural") for approval of a boundary change pursuant to SDCL 49-31-69. The applicants submit that the change of boundaries will provide a more easily defined boundary between Valley and Dickey Rural in the exchanges of Eureka/Ashley, Longlake/Ashley, Longlake/Nelvik, Leola/Nelvik, and Leola/Forbes and no current customers are affected by the proposed boundary changes. The applicants have attached service area maps indicating the area affected by the proposed boundary changes. The applicants also request a waiver of all other application requirements required by ARSD 20:10:32:03 because the Commission currently has all of the requested information on file and the data required is not affected by the proposed boundary changes.

         TODAY, shall the Commission Approve the Boundary Change and the requested waivers?

2.      TC07-126      In the Matter of the Filing for Approval of a Boundary Change between Valley Telecommunications Cooperative Association, Inc. and James Valley Cooperative Telephone Company.  (Staff Analyst:  Dave Jacobson, Staff Attorney:  Karen Cremer)

       Joint application by Valley Telecommunications Cooperative Association, Inc. ("Valley") and James Valley Cooperative Telephone Company ("James Valley") for approval of a boundary change. The Applicants submit that the change of boundary will provide a more easily defined boundary between Valley and James Valley in the exchange of Leola/Frederick and no current customers are affected by the proposed boundary change. The Applicants have attached service area maps indicating the area affected by the proposed change. The Applicants further request a waiver of all other application requirements required by ARSD 20:10:32:03 because the Commission currently has all of the required information on file and the data required is not affected by the proposed boundary change.

         TODAY, shall the Commission Approve the Boundary Change and the requested waivers?

Announcements

1.       The next regularly scheduled Commission meeting will be held March 25, 2008, at 9:30 a.m. in Room 412, State Capitol Building, Pierre, SD.

2.         Commission meetings are scheduled for April 8 and April 22, 2008.

3.         A public hearing in Docket EL08-001 will be held March 10, 2008, at 12:15 p.m. at the McKnight Community Center, 300 West Main St., White, SD.

4.         An interconnection workshop as part of Docket EL06-018 will be held March 18 and 19, 2008, at the Kings Inn in Pierre, SD.  The workshop will begin at 8:30 a.m. on March 18.

_/s/ Heather K. Forney_________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
March 5, 2008