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South Dakota Public Utilities Commission Meeting
Thursday, May 28, 2009, at 9:30 A.M.
DDN Room 414, Capitol Building
Pierre, South Dakota
DDN Room 282, University Center South
Southeast Technical Institute
Sioux Falls, South Dakota
MINUTES OF THE AD-HOC COMMISSION MEETING
Chairman Dustin Johnson called the meeting to order. Present were: Vice Chairman Steve Kolbeck; Executive Director Patty Van Gerpen; Deputy Executive Director Heather Forney; Commission Attorney Rolayne Wiest; Staff Attorney Kara Semmler; Staff Analysts Tim Binder and Brian Rounds; and Administrative Secretary Demaris Axthelm.
Also present at DDN Room 282, University Center South Southeast Technical Institute Sioux Falls, South Dakota were: Commissioner Gary Hanson; Pam Bonrud, NorthWestern Energy; and James Zinner, Environmental and Law Policy.
AGENDA OF THE AD HOC COMMISSION MEETING
Rulemaking
The Commission held a public hearing in Room 413, 4th Floor, State Capitol, Pierre, South Dakota, on May 6, 2008, at 9:30 a.m., to consider the adoption of proposed rules numbered: 20:10:36:01, 20:10:36:02, 20:10:36:03, 20:10:36:04, 20:10:36:05, 20:10:36:06, 20:10:36:07, 20:10:36:08, 20:10:36:09, 20:10:36:10,20:10:36:11, 20:10:36:12, 20:10:36:13, 20:10:36:14, 20:10:36:15, 20:10:36:16, 20:10:36:17, 20:10:36:18, 20:10:36:19, 20:10:36:20, 20:10:36:21, 20:10:36:22, 20:10:36:23, 20:10:36:24, 20:10:36:25, 20:10:36:26, 20:10:36:27, 20:10:36:28, 20:10:36:29, 20:10:36:30, 20:10:36:31, 20:10:36:32, 20:10:36:33, 20:10:36:34, 20:10:36:35, 20:10:36:36, 20:10:36:37, 20:10:36:38, 20:10:36:39, 20:10:36:40, 20:10:36:41, 20:10:36:42, 20:10:36:43, 20:10:36:44, 20:10:36:45, 20:10:36:46, 20:10:36:47, 20:10:36:48, 20:10:36:49, 20: 10:36:50, 20:10:36:51, 20:10:36:52, 20:10:36:53, 20:10:36:54, 20:10:36:55, 20:10:36:56, 20:10:36:57, 20:10:36:58, 20:10:36:59, 20:10:36:60, 20:10:36:61, 20:10:36:62, 20:10:36:63, 20:10:36:64, 20:10:36:65, 20:10:36:66, 20:10:36:67, 20:10:36:68, 20:10:36:69, 20:10:36:70, 20:10:36:71, 20:10:36:72 and 20:10:36:73. The proposed rules affect the interconnection of small generator facilities to the electric systems of public utilities. Interested persons presented data, opinions, and arguments for and against the proposed rules by appearing in person at the hearing.
Chairman Johnson moved that clarification is needed in 20:10:36:01 to state that these rules do not apply to distributed generators under FERC jurisdiction or under RTO jurisdiction. Motion passed 3-0.
Commissioner Hanson moved to adopt in rule 20:10:36:02 the definition for interconnection request as: "Interconnection Request," an applicant's submission of an application for interconnection to the electric distribution system of a public utility. Motion passed 3-0.
Chairman Johnson moved to include in rule 20:10:36:02(13) the wording "by the public utility interconnection is being requested from" after the word "approved". Motion passed 3-0.
No changes were made to rules 20:10:36:03, through 20:10:36:09.
Vice Chairman Kolbeck moved to include in rule 20:10:36:10 the wording "point of"after the word "designate" and to strike "person" from the rule. Motion passed 3-0.
No changes were made to rules 20:10:36:11, through 20:10:36:14.
Chairman Johnson moved in rule 20:10:36:15 to allow that the public utility may require a isolation device for any of the four Tiers. Motion passed 3-0.
No changes were made to on rule 20:10:36:16.
Chairman Johnson moved in rule 20:10:36:17 to strike the $100 per hour and go to actual costs and to include in rule 20:10:36:63 recordkeeping requirements that the public utility shall annually provide to the commission a list of each small generator facility that is interconnected to the public utility's EDS and that the report for the calendar year is due the following March 1. Motion passed 3-0.
No changes were made to rules 20:10:36:18 through 20:10:36:21.
Vice Chairman Kolbeck moved in rule 20:10:36:22 to include that compensation may only be required if a future customer utilizes the upgrades within five years from the date the upgrades were completed. Motion passed 3-0.
Commissioner Hanson moved in rules 20:10:36:23 and 20:10:36:24 to strike "two megawatts" and insert"500 kilowatts" and in 20:10:36:24 to strike "25%" and insert "50%". Motion passed 3-0.
No changes in rules 20:10:36:25 through 20:10:36:37.
Chairman Johnson moved in rules 20:10:36:33 and 20:10:36:38 to strike the word "shall" and insert "may". Motion passed 3-0.
Chairman Johnson moved to make changes in rules 20:10:36:38, 20:10:36:45, and 20:10:36:51 that if a complete application is not returned to the public utility within 30 days, the application is considered withdrawn. Motion passed 3-0.
No changes were made to rules 20:10:36:39 through 20:10:36:41.
Commissioner Hanson moved in rule 20:10:36:42(1) to strike the "10" megawatts and replace with "2" megawatts. Motion passed 3-0.
No changes were made to rules 20:10:36:44 through 20:10:36:54.
Chairman Johnson moved in rule 20:10:36:55, Tier 4 Impact Study, to change the word "shall" to "may" in the third paragraph. Motion passed 3-0.
No changes were made to rule 20:10:36:56 through 20:10:36:63.
Vice Chairman Kolbeck moved in rule 20:10:36:64 to strike the second sentence regarding Tier 1. Motion passed 3-0.
Chairman Johnson moved in rule 20:10:36:65 that to revise the rule so that the utility is responsible for remote monitoring costs only if it requests remote monitoring for facilities of 250 KW or less. Motion passed 3-0.
Chairman Johnson moved in rules 20:10:36:66 and 20:10:36:67 to limit notification to facilities of 500 kilowatts or higher and adds in that the utility only need make reasonable attempts to notify. Motion passed 3-0.
No changes were made to rule 20:10:36:68 through 20:10:36:73.
Chairman Johnson moved to adopt rules made by Legislative Research Council. Motion passed 3-0.
Chairman Johnson moved to allow Commission General Counsel Rolayne Wiest to make changes or corrections. Motion passed 3-0.
Commissioner Hanson moved to adjourn the meeting. Motion passed 3-0.
There being no further business, at the hour of 10:45 A.M. the South Dakota Public Utilities Commission Meeting adjourned. Next Commission meeting is scheduled for June 9, 2009.
/S/Demaris Axthelm
Demaris Axthelm
Administrative Secretary
September 8, 2009
