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South Dakota Public Utilities Commission Meeting
Tuesday, February 8, 2005 at 1:30 P.M.
State Capitol Building, Room 468
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Gary Hanson called the meeting to order. Also present were Vice Chairman Bob Sahr; Commissioner Dustin Johnson; Executive Director Pamela Bonrud; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorneys John Smith and Rolayne Ailts Wiest ; Staff Attorney Karen Cremer and John Smith; Staff Analysts Patty Van Gerpen, Dave Jacobson, Harlan Best, Michele Farris, Jim Mehlhaff, Steve Wegman, Martin Bettmann, and Keith Senger; Court Reporter, Cheri Wittler; and Administrative Secretary Tina Douglas.
Joining the meeting by telephone were David Fierst, representing Local Exchange Carriers Association (LECA); Marcus DaCuna, Navitas Energy, Donna Collins, Gary Miners, Melaine Acord, Suzan Stewart, MidAmerican Energy; Mary Lohnes, Midcontinent; Colleen Sevold, Qwest Corporation; John Miller, Sioux Valley Energy; Al Koeckeritz, Otter Tail Power Company; John Burke, Barker, Wilson, Reynolds & Burke, representing S&S Communications; Mark Stacy, QSI Consulting.
Administration
1. Approval of the Minutes of the Commission Meeting Held on January 25, 2005. (Staff: Tina Douglas.)
Commissioner Johnson moved to approve the Minutes of the Commission Meeting held on January 25, 2005. Chairman Hanson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff.)
Mr. Mehlhaff reported that the Commission had received a total of 195 consumer contacts during 2005. Since the last report was prepared for the January 25, 2005, Commission meeting, 85 of these contacts had been received; 31 contacts involved telecommunications services; 6 contacts involved electricity issues; 9 contacts involved natural gas issues; 8 contacts involved gas and electric services; 11 contacts involved cellular phone issues; 8 contacts involved the Do Not Call registry; and 12 contacts involved miscellaneous services not regulated by the PUC. In 2004, 2058 of the 2370 complaints registered have been resolved informally and in 2005, 148 of the 195 complaints registered have been resolved informally .
Electricity
1. EL04-039 In the Matter of the Joint Request for an Electric Service Rights Exception between Xcel Energy, Inc. and Sioux Valley-Southwestern Electric Cooperative, Inc. d/b/a Sioux Valley Energy. (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)
John Miller, Sioux Valley Energy, stated that a joint petition was filed on December 14, 2004, between Xcel Energy and Northern States Power Company, d/b/a Xcel Energy, Inc. and Sioux Valley-Southwestern Electric Cooperative, Inc. d/b/a Sioux Valley Energy for a service rights exception. The agreement seeks an exception to the existing service territory near Sioux Falls, South Dakota, in order to provide for an efficient electrical connection to a South Dakota Department of Transportation Dynamic Message Board. The sign is located within Xcel Energy's service territory, but because of proximity will be better connected to the Sioux Valley Energy's power system nearby. Ms. Farris stated that Jim Wilcox was not able to join the meeting in person or by telephone but supported the petition. The location of the sign is on the south side of I90 about 1.375 miles east of the intersection of I229 and I90 near Sioux Falls, South Dakota, located in the SW 1/4 of Section 25 of Mapleton Township 102N, Range 49W in Minnehaha County. The agreement will automatically terminate upon removal or abandonment of the sign. Ms. Farris recommended the Commission grant the service rights exception.
Commissioner Johnson moved to approve the service rights exception in EL04-039 which will terminate upon removal or abandonment of the sign. Commissioner Sahr seconded and Chairman Hanson concurred. Motion passed 3-0.
2. EL05-002 In the Matter of the Joint Request for an Electric Service Rights Exception between Sioux Valley-Southwestern Electric Cooperative, Inc. d/b/a Sioux Valley Energy and Lyon Rural Electric Cooperative, Inc (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)
John Miller, Sioux Valley Energy, stated that this service rights exception is very similar to EL04-039. The request is a service rights exception between Sioux Valley-Southwestern Electric Cooperative, Inc. d/b/a Sioux Valley Energy and Lyon Rural Electric Cooperative, Inc. The customer is aware and has agreed to be served by Lyon Rural Electric Cooperative, Inc. Ms. Farris stated that Lyon Rural Electric Cooperative, Inc. is located in Rock Rapids, Iowa. The new rural residential service is located in the West half of the Southwest quarter of the Southwest quarter of Section 32, Township 101 North, Range 47 West, in Minnehaha County, South Dakota. Both parties agree that this agreement will automatically terminate upon removal or abandonment of such service. Ms. Farris recommended the Commission grant the service rights exception.
Chairman Hanson moved to approve the service rights exception in EL05-002 which will automatically terminate upon removal or abandonment of such service. Commissioner Johnson seconded and Commissioner Sahr concurred. Motion passed 3-0.
3. EL05-001 In the Matter of the Filing by Navitas Energy Regarding its Notification of Intent to Apply for a Permit for an Energy Conversion Facility. (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)
See Transcript of February 9, 2005, 2:30 p.m. Ad Hoc Commission Meeting of EL05-001
Chairman Hanson moved to designate the affected area for Navitas Energy, Inc.'s proposed wind farm energy conversion facility to be the area in Brookings County encompassing that portion of Argo Township not located within the Estelline School District and all of Afton, Aurora, Alton, Richland, Lake Hendricks, Oak Lake, and Sherman Township and the City of Brookings, which is adjacent to Aurora Township. Included within this area are the cities of Aurora, Brookings, Bushnell and White and portions of the Brookings, Elkton and Deubrook School Districts.
Chairman Hanson further moved that the Commission designate the persons holding the following offices to serve ex officio as the Local Review Committee for Navitas Energy's proposed project:
! The Chairman of the Brookings County Commission
! The Presidents of the School Boards of Brooking School District 05-1, Elkton School District 05-3, and Deubrook School District 05-6
! The Mayors of the Cities of Aurora, Brookings, Bushnell and White
! A person appointed by Navitas Energy, Inc.
Chairman Hanson further moved that any person on the Committee who ceases to hold such office or appointment shall be replaced on the Committee by his or her successor, who shall promptly notify the Commission of such succession. Commissioner Johnson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Natural Gas
1. NG05-001 In the Matter of the application by MidAmerican Energy and Xcel Energy for Abandonment of Facilities by Xcel Energy and Assumption of Facilities and Provision of Service by MidAmerican Energy Company. (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)
Suzan Stewart, MidAmerican Energy, stated that Xcel and MidAmerican have notified the five customers who are being served by Xcel Energy. Jim Wilcox, Xcel Energy, could not attend the meeting today but Xcel Energy has been working with MidAmerican Energy regarding the transfer of these five customers. She also stated that Xcel Energy is asking for approval of the Request to Withdraw Tariff Schedules upon Execution of the Abandonment and Assumption Agreement. MidAmerican Energy is asking for approval to have customers transferred immediately upon execution of the Abandonment and Assumption Agreement, to change the terms and conditions of the newly acquired customers to currently effective MidAmerican Energy tariffs, and also to grant approval with less that 30 days notice. David Jacobson stated that the companies have comply with all legal requirements for the transaction to take place and recommended approval of Xcel Energy's request to Withdraw Tariff Schedules upon execution of the Abandonment and Assumption Agreement, approval of MidAmerican Energy's request to have customers transferred immediately, upon execution of the Abandonment and Assumption Agreement, to the terms and conditions of currently effective MidAmerican Energy tariffs, and approve the above with less than 30 days notice.
Chairman Hanson moved to grant Xcel Energy's Withdraw Tariff Schedules upon execution of the Abandonment and Assumption Agreement, and also to grant MidAmerican Energy's request to have customers transferred, immediately upon execution of the Abandonment and Assumption Agreement, to the terms and conditions of currently effective MidAmerican Energy tariffs, and approve with less that 30 days notice. Commissioner Johnson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Telecommunications
1. TC01-098 In the Matter of Determining Prices for Unbundled Network Elements (UNES) in Qwest Corporation's Statement of Generally Available Terms (SGAT). (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)
Karen Cremer stated the parties in this docket are very close to a settlement but that QSI Consulting's contract has expired as of January 27, 2005. The staff is requesting that the contract be extended. There is $8,700 of funding left for this contract which should be adequate funding to fulfill the contract. Ms. Cremer recommended extending the contract.
Commissioner Sahr moved to extend the contract in docket TC01-098 for QSI Consulting. Commissioner Sahr seconded and Chairman Hanson concurred. Motion passed 3-0.
2. TC05-017 In the Matter of the Request for a Confidentiality Determination in Accordance with ARSD 20:10:01:42 (Staff Analyst: Keith Senger, Staff Attorneys: John Smith/Sara Greff)
See Transcript of February 8, 2005, 1:30 p.m. Commission Meeting of TC05-017
Chairman Hanson moved to defer TC05-017. Commissioner Sahr seconded and Commissioner Johnson concurred. Motion passed 3-0.
Administration
1. In the Matter of a Contract with Fred Saffer & Associates, Inc. (Staff Analyst: Dave Jacobson.)
David Jacobson stated that Fred Saffer & Associates performs consulting services for the Commission in the Williston Basin Interstate Pipeline Company proceedings before the Federal Energy Regulatory Commission, Docket RP00-107-000. The contract between the Commission and Fred Saffer & Associates, Inc. expired August 12, 2004. Staff is requesting authorization to enter into a new contract with the consultants for a one year period. Staff is asking that the amount of the contract be $20,000.
Chairman Hanson moved to authorize the execution of the contract between the Commission and Fred Saffer & Associates, Inc. for a period of one year in the amount of $20,000.00.
Meeting adjourned.
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Tina Douglas
Administrative Secretary
