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South Dakota Public Utilities Commission Meeting
February 18, 2010, at 2:30 P.M.
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE AD-HOC COMMISSION MEETING
Chairman Dusty Johnson called the meeting to order. Present were: Vice Chairman Steve Kolbeck: Commissioner Gary Hanson; Executive Director Patty Van Gerpen; Staff Attorney Karen Cremer; Staff Analysts Jon Thurber, Terri LaBrie Baker, Nathan Solem; Consumer Affairs Supervisor Deb Gregg; and Administrative Secretary Demaris Axthelm.
Also present were: Dave Gerdes, May, Adam, Gerdes and Thompson, representing Verizon Business Network Services, Inc.; Brett Koenecke, May, Adam, Gerdes and Thompson, representing TransCanada Keystone Pipeline, LP; Jim Krause, James Moore, Woods, Fuller, Schultz and Smith, representing TransCanada Keystone Pipeline, LP; and Michael Melius, South Dakota Chapter of Sierra Club and South Dakota Resources Coalition.
Joining the meeting by telephone were: Staff Attorney Kara Semmler; Meredith Moore, Cutler and Donahoe, representing, OrbitCom, Inc.; Tom Dixon, Verizon Business Network Services, Inc.; John White and John Schmidt, TransCanada Keystone Pipeline, LP; and Paul Blackburn, Plains Justice.
Telecommunications
Mr. Tom Dixon, Verizon, stated the reason for the filing of the Motions is due to Orbitcom bringing up issues not originally discussed in its reply brief. Mr. Dixon feels it is appropriate based on South Dakota Law that the information be stricken from the record. Mr. Dixon asked the Commission to either strike portions of the brief from the record, or allow Verizon to submit a sur-reply brief to reply to the new issues. Ms. Meredith Moore, representing Orbitcom, stated the issues were in response to the original brief submitted by Verizon. Ms. Karen Cremer, Staff Attorney, stated that staff recommended denying both Motions.
Chairman Johnson moved to deny Verizon's Motion to Strike. Motion passed 3-0.
Chairman Johnson moved to grant Verizon's Motion for Leave to Submit a Sur-Reply Brief. Motion passed 2-1 (Kolbeck dissented).
The parties involved agreed to continue with oral arguments as scheduled during the February 23, 2010, Commission meeting and Verizon would have the Sur-Reply brief submitted to the Commission by noon on February 22, 2010.
Hydrocarbon Pipeline
1. HP09-001 In the Matter of the Application by TransCanada Keystone Pipeline, LP for a Permit under the South Dakota Energy Conversion and Transmission Facility Act to Construct the Keystone XL Project. (Staff Analysts: Bob Knadle, Nathan Solem, Stacy Splittstoesser, Tim Binder, Staff Attorney: Kara Semmler)
The Commission reviewed the Draft Permit Conditions submitted by the parties, which are available on the PUC website at
- http://www.puc.sd.gov/commission/dockets/hydrocarbonpipeline/2009/hp09-001/011310dn.pdf;
- http://www.puc.sd.gov/commission/dockets/hydrocarbonpipeline/2009/hp09-001/012010staff.pdf;
- http://www.puc.sd.gov/commission/dockets/hydrocarbonpipeline/2009/hp09-001/012110dra.pdf;
- http://www.puc.sd.gov/commission/dockets/hydrocarbonpipeline/2009/hp09-001/draftconditions.pdf and
- http://www.puc.sd.gov/commission/dockets/hydrocarbonpipeline/2009/hp09-001/012010applicant.pdf.
A transcript of the proceedings can be found at
Vice Chairman Kolbeck moved to accept Section I of the Draft Permit Conditions as amended. Motion passed 3-0.
Chairman Johnson moved to accept Section II of the Draft Permit Conditions, as amended. Motion passed 3-0.
Chairman Johnson moved to accept Section III of the Draft Permit Conditions, as amended. Motion passed 3-0.
Chairman Johnson moved to accept Section IV of the Draft Permit Conditions as amended. Motion passed 3-0.
Chairman Johnson moved to accept Section V of the Draft Permit Conditions, as amended. Motion passed 3-0.
Chairman Johnson moved to accept Section VI of the Draft Permit Conditions, as amended. Motion passed 3-0.
Chairman Johnson moved to accept Section VII of the Draft Permit Conditions, as amended. Motion passed 3-0.
Chairman Johnson moved to grant a permit to TransCanada Keystone Pipeline, LP for construction of the Keystone XL Pipeline project, subject to the conditions approved by the Commission. Motion passed 3-0.
There being no further business, at the hour of 5:07 pm, the South Dakota Public Utilities Commission Meeting adjourned. The next regularly Commission meeting is scheduled for February 23, 2010.
/S/Demaris Axthelm
Demaris Axthelm
Administrative Secretary
March 23, 2010
