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South Dakota Public Utilities Commission Meeting
Tuesday, November 6, 2007, at 9:30 A.M.
State Capitol Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Dustin Johnson called the meeting to order. Present were: Vice Chairman Gary Hanson; Commissioner Steve Kolbeck; Executive Director Patty Van Gerpen; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorneys John Smith and Rolayne Wiest; Staff Attorneys Karen Cremer and Kara Semmler; Staff Analysts Harlan Best, Bob Knadle, Keith Senger, Brian Rounds, and Martin Bettmann; Consumer Affairs Supervisor Deb Gregg; and Administrative Secretary Demaris Axthelm.
Also present were: Robert W. Hill, Brookings County Zoning Office; Brett Koenecke, May, Adam, Gerdes and Thompson, representing TransCanada Keystone Pipeline, LP and PPM Energy; Tim Seck, PPM Energy; Reed Rasmussen, Siegel, Barnett and Schutz, representing WEB Water Development Association; Dave Gerdes, May, Adam, Gerdes and Thompson, representing Xcel Energy; Mark Anderson, Xcel Energy; Jim Wilcox, Xcel Energy and Curt Hohn, WEB Water Development Association.
Joining the meeting by telephone were: Karen Huizenga, MidAmerican Energy Company; Thomas McDonald, Consumer; Kristie Lyngstad, PrairieWave Black Hills, LLC.; Pam Rasmussen, Xcel Energy; James Groft, James Valley Cooperative Telephone Company; and Intervenors Jerauld Glanzer, Mike and Susan Sibson and Kent Moeckly.
Administration
1. Approval of the Minutes of the Commission Meetings Held on August 28 and September 25, 2007. (Staff: Demaris Axthelm)
Chairman Johnson moved to approve the Commission Minutes of August 28, 2007 and September 25, 2007. Motion passed 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Ms. Deb Gregg reported that the Commission had received a total of 96 contacts since the last report was prepared for the October 23, 2007 Commission meeting. 23 contacts involved telecommunications services; 17 contacts involved electricity issues; 12 contacts involved natural gas issues; 12 contacts involved cellular phone issues; 12 contacts involved the Do Not Call Registry; and 20 contacts involved issues not regulated by the Public Utilities Commission. In 2007, 1,835 of the 1,986 complaints registered have been resolved informally. In 2006, 2,308 of the 2,466 complaints registered have been resolved informally.
Electric
Mr. Jim Wilcox and Mr. Mark Anderson from Xcel Energy presented a power point presentation to the Commission. See link online: Xcel Presentation & Maps. Ms. Karen Cremer recommended that the Commission approve the stipulation and grant the construction permit.
Commissioner Kolbeck moved to approve the stipulation and grant the construction permit in Docket EL05-023. Motion passed 3-0.
Mr. Brett Koenecke, representing PPM Energy (PPM) stated that PPM is seeking guidance from the Commission regarding the Buffalo Ridge and MinnDakota Wind Projects in Brookings County. Mr. Koenecke further stated that the MinnDakota project is in place with ongoing construction and with siting permits granted by Brookings County. Mr. Koenecke also stated that attached to PPM's brief is a list that delineates the similarities and differences of the two projects which PPM states are not commonly managed and integrated systems. Mr. Tim Seck, PPM, stated that he had no further comments and was willing to answer any questions Staff or Commissioners may have. Ms. Karen Cremer stated that Brookings County has done a thorough job with its ordinance and that in Staff's opinion, MinnDakota and Buffalo Ridge are two separate projects and therefore, no siting permit is required for the Buffalo Ridge or MinnDakota Wind projects.
Chairman Johnson moved to conclude that the two projects are separate projects and, therefore, no siting permit is required for the Buffalo Ridge and MinnDakota projects. Motion passed 3-0.
Telecommunications
Kristie Lyngstad, representing PrairieWave Black Hills (PrairieWave) had no comments. Mr. Keith Senger stated that previously the Commission issued an order granting PrairieWave a three year exemption from developing company specific cost based intrastate switched access rates and allowed PrairieWave to mirror Qwest rates. Mr. Senger also stated that PrairieWave is requesting an extension of that exemption since the three year term has expired. Mr. Senger recommended that the Commission grant PrairieWave's request for the extension and allow PrairieWave to continue to use the Qwest rates, that the extension have no time limit and that PrairieWave be allowed to file adjustments to its intrastate switched access tariff and rates so long as those rate adjustments either mirror or are lower than Qwest rates.
Vice Chairman Hanson moved to grant PrairieWave Black Hills LLC an extension of the exemption from establishing company specific cost-based switched access rates without a termination date and that PrairieWave be allowed to modify its interstate switched access rates as long as such adjusted rate is equal to or less than that of Qwest's intrastate switched access rate or until the Commission shall otherwise order. Motion passed 3-0.
Mr. Keith Senger stated that previously the Commission issued an order granting Granite Telecommunications LLC (Granite) a three year exemption from developing company specific cost based intrastate switched access rates and allowed Granite to mirror Qwest rates. Mr. Senger further stated that Granite is requesting an extension of that exemption since the three year term has expired. Mr. Senger recommended that the Commission grant Granite's request for that extension and allow Granite to continue to use the Qwest rates, that this extension have no time limit and that Granite be allowed to file adjustments to its intrastate switched access tariff and rates so long as those rate adjustments either mirror or are lower than Qwest rates.
Chairman Johnson moved to grant Granite Telecommunications, LLC approval for an extension of its exemption from establishing company specific cost-based switched access rates with no term limit and that Granite be allowed to modify its interstate switched access tariff so long as its adjusted rate is equal to or less than that of the Qwest intrastate switched access rate or until the Commission shall otherwise order. Motion passed 3-0.
Ms. Kara Semmler stated that the amendment has been properly filed, has been properly executed and does not appear to contain discriminatory provisions. No comments were filed and staff recommends approval of the amendment to the agreement.
Vice Chairman Hanson moved to approve the amendment to the agreement in Docket TC07-109. Motion passed 3-0.
Mr. James Groft, James Valley Cooperative Telephone Company stated that he had no comments. Ms. Kara Semmler stated that the agreement has been properly filed, has been properly executed and does not appear to contain discriminatory provisions. No comments were filed and staff recommends approval. Mr. John Smith noted that in the future James Valley might wish to consider the problems that have occurred with Section 7.2.3 in other interconnection agreements.
Chairman Johnson moved to approve the agreement in Docket TC07-110. Motion passed 3-0.
Mr. Brian Rounds stated that Applewood Communications Corporation (Applewood) filed an application for a certificate of authority to provide resold interexchange services throughout the state. Mr. Rounds further stated that since Applewood is a startup company, Applewood is requesting a waiver from filing current financial statements in accordance with ARSD 20:10:24:02(9). Mr. Rounds stated that Staff recommends that the Commission grant the waiver and approve the certificate of authority to provide interexchange services with restrictions from offering any prepaid services including prepaid calling cards, and from accepting customer deposits or advanced payments.
Chairman Johnson moved to waive ARSD 20:10:24:02(9) and grant Applewood's application for a certificate of authority to provide interexchange telecommunications services, subject to the condition that Applewood not offer any prepaid services including prepaid calling cards, and not accept or require any deposits or advance payments without prior approval of the Commission. Motion passed 3-0.
ADDENDUM TO THE
AGENDA OF COMMISSION MEETING
Consumer Complaints
Ms. Kara Semmler stated that staff had worked with MidAmerican Energy and Mr. McDonald and all issues have been resolved and recommended that the Commission dismiss the complaint and close Docket CN07-001. Mr. McDonald stated that the problem has been resolved and thanked staff. Ms. Karen Huizenga, MidAmerican Energy, had no further comments.
Commissioner Kolbeck moved to dismiss the complaint and close Docket CN07-001. Motion passed 3-0.
Hydrocarbon Pipeline
Mr. Mike Sibson stated his request, and explained to the Commission his reasons and concerns to move the TransCanada Keystone hearing location to Huron. Mr. Jerauld Glanzer stated his reasons for why he would be unable to travel to Pierre. Ms. Lillian Anderson, Delwin and Pam Hofer had also made similar filings which were posted on the Web site. Ms. Susan Sibson stated her reasons to have the hearing moved to Huron. Mr. Brett Koenecke, representing TransCanada Keystone Pipeline, stated that the location had been picked back in August, and stated his concerns and reasoning why it should remain in Pierre. Ms. Kara Semmler stated that Staff has an obligation to the people of the State of South Dakota to provide access to the hearing through the PUC Web site. Due to technology and to guarantee this obligation, Staff recommends that the TransCanada Keystone hearing remain in Pierre. Ms. Semmler further stated that Staff would work with all Intervenors on scheduling issues.
Chairman Johnson moved to deny the change of location for the TransCanada Keystone Pipeline Hearing. Motion passed 3-0.
Mr. Reed Rasmussen, representing WEB Water Development Association (WEB) stated that Mr. Hohn has been working diligently on lining up and getting information for filing direct testimony for WEB. Mr. Rasmussen further stated that WEB has simply ran out of time in getting its witnesses lined up and therefore requests the Commission for a two week extension until November 14, 2007. Mr. Curt Hohn asked the Commission to grant WEB Water's request for an extension of the date for WEB to file its direct testimony and supporting exhibits. Mr. Koenecke stated that TransCanada filed a resistance to the motion and listed five grounds in the resistance. Mr. Koenecke asked the Commission if they grant the extension that the Commission: 1) hold any other parties to the scheduling order which is in effect, 2) allow the Applicant to rebut the testimony of WEB Water and its expert witnesses two weeks after the date upon which this expert testimony is due, and 3) require the movant to file rebuttal testimony no later than the opening day of the hearings, December 3rd. Ms. Kara Semmler asked that the extension be granted to only the parties that have previously filed.
Chairman Johnson moved to deny the request of WEB Water and Staff's counter request and instead moved to grant an extension to WEB to November 13, 2007, to file its additional direct testimony, to be limited to the direct testimony of Dr. Perry Rahn, Dr. Arden Davis, Dr. Robert Coppock, Joe Nease and Kevin Meader and with accompanying extensions granted to Applicant to file its rebuttal to WEB's direct testimony on or before November 26, 2007, and to Staff and to intervenors who filed direct testimony to file any surrebuttal testimony responsive to WEB's direct testimony or Applicant's testimony responsive thereto on or before November 30, 2007, at 12:00 p.m. All other provisions of the original Scheduling and Procedural Order shall remain in effect including the rebuttal testimony and surrebuttal testimony deadlines applicable to testimony other than WEB's. Motion passed 2-1, Vice Chairman Hanson dissenting.
There being no further business, at the hour of 11:55 am the South Dakota Public Utilities Commission Meeting adjourned.
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Demaris Axthelm
Administrative Secretary
