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South Dakota Public Utilities Commission Meeting
February 12, 2016, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Chris Nelson called the meeting to order. Present were: Commissioner: Kristie Fiegen; Commission Counsel: Rolayne Wiest and Karen Cremer; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Adam de Hueck; Staff Analysts: Patrick Steffensen, Eric Paulson, Joseph Rezac, and Lorena Reichert; Consumer Affairs Supervisor: Deb Gregg; and Staff: Katlyn Gustafson.
Also present were:
Kara Semmler, May, Adam, Gerdes and Thompson, LLP, representing Dakota Access, LLC and Nexus Communications, Inc.; Margo Northrup, Riter, Rogers, Wattier & Northrup LLP, representing South Dakota Telecommunications Association; and Chris Srubar, Dakota Access, LLC.
Joining the meeting by telephone were:
Commissioner: Gary Hanson; Bryce Haugen, Otter Tail Power Company; Deb Paulson, Eric Pauli and Alison Archer, Northern States Power Company dba Xcel Energy; Harvey Oliver, Tonner, Oliver, & Fischbach, LLP, representing Northern Electric Cooperative, Inc.; Jon Oostra, Bleau LaFave, and Jeff Decker, NorthWestern Corporation dba NorthWestern Energy; Lisa Hanscom, Total Call Mobile, Inc.; and Tosha Barthel, Great River Energy.
(NOTE: For the purpose of continuity, these minutes are not necessarily in chronological order.)
Administration
1. Approval of the minutes of the Commission meeting held on January 19, 2016. (Staff: Joy Lashley)
Commissioner Hanson moved to approve the minutes of the Commission meeting held on January 19, 2016. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
The Commission received a total of 111 contacts since the last report was prepared for the January 19, 2016 Commission meeting.
10 contacts involved telecommunication services, 28 contacts involved electrical services, 7 contacts were related to natural gas service, 9 contacts were related to wireless service, 29 contacts were related to the Do Not Call Registry, 2 contacts were related to the Keystone XL Pipeline, 4 contacts were related to the Dakota Access Pipeline, 2 contacts were related to Wind Energy and 20 contacts were related to issues not regulated by the PUC.
Complaints received in 2014: 1,914 of the 1,916 have been resolved.
Complaints received in 2015: 1,995 of the 1,995 have been resolved.
Complaints received in 2016: 147 of the 160 have been resolved.Electric
1. EL10-016 In the Matter of the Application of Great River Energy and Northern States Power Company dba Xcel Energy for a Permit to Construct a 10.6 Mile, 345 kV Transmission Line (CapX2020) in Brookings County Near White, South Dakota (Staff Attorney: Karen Cremer)
Commissioner Fiegen moved to defer the docket. Motion carried 3-0.
2. EL15-023 In the Matter of the Petition for Electrical Service by Dakota Access, LLC to have NorthWestern Energy Assigned as its Electric Provider in the Service Area of Northern Electric Cooperative, Inc. (Staff Analysts: Patrick Steffensen, Eric Paulson; Staff Attorney: Adam de Hueck)
A lengthy discussion took place regarding docket EL15-023. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2016, February 12, 2016, recording located at: http://puc.sd.gov/commission/media/2016/puc02122016.mp3.
Commissioner Fiegen moved to approve Dakota Access’s request to have NorthWestern serve the location of the pump station as proposed and built and any increased load for the pump station. Motion carried 3-0.
3. EL15-045 In the Matter of the Petition of Otter Tail Power Company for Approval of its 2016 Transmission Cost Recovery Eligibility and Rate Adjustment (Staff Analysts: Patrick Steffensen, Joseph Rezac; Staff Attorney: Adam de Hueck)
Mr. Bryce Haugen, Otter Tail Power Company (OTP), asked that the Commission approve its TCR rate factor and revised tariff sheet with an effective date of March 1, 2016. Mr. Patrick Steffensen, staff analyst, stated that staff has reviewed OTP’s TCR filing, including the 2015 tracker report, the 2016 revenue requirement, and project investments. Mr. Steffensen recommended that the Commission grant approval of the revised revenue requirement and TCR rates as provided in OTP’s Supplemental Filing, with an effective date of March 1, 2016.
Commissioner Hanson moved to approve the TCR rate factor and revised tariff sheet with an effective date of March 1, 2016. Motion carried 3-0.
4. EL16-001 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of a Credit Mechanism for a Department of Energy Settlement Payment (Staff Analysts: Patrick Steffensen, Joseph Rezac; Staff Attorney: Adam de Hueck)
Ms. Alison Archer, Northern States Power Company dba Xcel Energy (NSP), asked that the Commission approve NSP’s request for the continuation of the one-time credit mechanism. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve NSP’s request.
Commissioner Nelson moved to approve NSP’s request for the continuation of the one-time bill credit mechanism. Motion carried 3-0.Telecommunications
1. TC12-192 In the Matter of the Petition of Total Call Mobile, Inc. for Designation as an Eligible Telecommunications Carrier (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
Ms. Kristen Edwards, staff attorney, asked that the Commission grant Total Call’s request to withdraw Total Call’s petition without prejudice and close the docket.
Commissioner Nelson moved to grant Total Call’s motion to withdraw the petition without prejudice and close the docket. Motion carried 3-0.
2. TC13-001 In the Matter of the Application of Nexus Communications, Inc., for Designation as an Eligible Telecommunications Carrier (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Ms. Kara Semmler, May, Adam, Gerdes and Thompson, LLP, representing Nexus Communications, Inc. (Nexus), asked that the Commission grant Nexus’s motion to withdraw its petition without prejudice and close the docket. Ms. Kristen Edwards, staff attorney, recommended that the Commission grant Nexus’s request.
Commissioner Fiegen moved to grant Nexus Communications, Inc.’s motion to withdraw the petition without prejudice and close the docket. Motion carried 3-0.
1. TC16-001 In the Matter of the Petition of IM Telecom, LLC dba Infiniti Mobile for Designation as an Eligible Telecommunications Carrier and Waiver (Staff Analyst: Lorena Reichert; Staff Attorney: Adam de Hueck)
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup LLP, representing South Dakota Telecommunications Association, asked that the Commission defer action until another date.
There being no further business, at the hour of 10:04 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
February 12, 2016
