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South Dakota Public Utilities Commission Meeting
April 11, 2016, at 1:30 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Chris Nelson called the meeting to order. Present were: Commissioner: Gary Hanson; Commission Counsel: Rolayne Wiest and Karen Cremer; Staff Attorneys: Kristen Edwards and Adam de Hueck; Staff Analysts: Darren Kearney, Patrick Steffensen, Eric Paulson, Joseph Rezac, and Lorena Reichert; Consumer Affairs Supervisor: Deb Gregg; Finance Manager: Cindy Kemnitz; and Staff: Joy Lashley.

Also present were:
Brett Koenecke, May, Adam, Gerdes and Thompson, LLP, representing Dakota Plains Ag Center, LLC; and Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing South Dakota Rural Electric Association.

Joining the meeting by telephone were:
Commissioner: Kristie Fiegen; Merlin Goehring, Bon Homme Yankton Electric Association, Inc.; Nick Moser, Johnson, Miner, Marlow, Woodward & Huff, Prof. LLC, representing Bon Homme Yankton Electric Association, Inc.; Jon Oostra and Pam Bonrud, NorthWestern Corporation dba NorthWestern Energy; and Eric Pauli, Northern States Power Company dba Xcel Energy.

Administration

1.     Approval of the minutes of the Commission meeting held on March 30, 2016. (Staff: Joy Lashley)

     Commissioner Hanson moved to approve the minutes of the Commission meeting held on March 30, 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 50 contacts since the last report was prepared for the March 30, 2016, Commission meeting.

Four contacts involved telecommunications services, 15 contacts involved electrical services, four contacts were related to natural gas service, four contacts were related to wireless service, seven contacts were related to the Do Not Call Registry, one contact was related to the Dakota Access Pipeline and 15 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 2016: 343 of the 365 have been resolved.

Administration

1.     AA16-001     Establishment of the Gross Receipts Tax Levy for the 2017 Fiscal Year (Finance Manager: Cindy Kemnitz)

Ms. Cindy Kemnitz, Finance Manager, requested that the Commission establish the rate of .00135 or $250, whichever is greater, and assess the gross receipts tax as authorized in SDCL 49-1A-3.

     Commissioner Nelson moved to establish the rate and assess the Gross Receipts Tax for fiscal year 2017 at .0013 or $250, whichever is greater.

      Commissioner Fiegen made a substitute motion to establish the rate and assess the Gross Receipts Tax for fiscal year 2017 at .00135 or $250, whichever is greater, and that the tax shall be paid on or before July 15, 2016. Motion carried 2-1. Commissioner Nelson dissenting.

Electric

1.     EL16-009     In the Matter of the Filing of Northern States Power Company dba Xcel Energy for Approval of its 2015 Economic Development Activities and 2016 Budget (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards),

Mr. Eric Pauli, Northern States Power Company dba Xcel Energy (Xcel), asked that the Commission grant Xcel's 2015 Economic Development Report and its 2016 Economic Development Budget. Mr. Darren Kearney, staff analyst, recommended that the Commission approve Xcel's request.

     Commissioner Fiegen moved to approve Xcel Energy's 2015 Economic Development Report and its 2016 Economic Development Budget. Motion carried 3-0.

2.     EL16-013       In the Matter of the Petition for Electrical Service by Dakota Plains Ag Center, LLC to have NorthWestern Energy Assigned as its Electric Provider in the Service Area of Bon Homme Yankton Electric Association, Inc. (Staff Analysts: Patrick Steffensen, Eric Paulson; Staff Attorney: Kristen Edwards)

Mr. Jon Oostra, NorthWestern Energy, and Nick Moser, Johnson, Miner, Marlow, Woodward & Huff, Prof. LLC, representing Bon Homme Yankton Electric Association, Inc., asked that the Commission grant intervention. Mr. Brett Koenecke, May, Adam, Gerdes and Thompson, LLP, representing Dakota Plains Ag Center, LLC (Dakota Plains), stated Dakota Plains didn't object to the requests. Ms. Kristen Edwards, staff attorney, recommended that the Commission grant intervention.

     Commissioner Hanson moved to grant intervention to NorthWestern Energy and Bon Homme Yankton Electric Association, Inc. Motion carried 3-0.

3.     EL16-014      In the Matter of the Petition for Temporary Electrical Service by Dakota Plains Ag Center, LLC to have NorthWestern Energy Assigned as its Electric Provider in the Service Area of Bon Homme Yankton Electric Association, Inc. (Staff Analysts: Patrick Steffensen, Eric Paulson; Staff Attorney: Kristen Edwards)

Mr. Jon Oostra, NorthWestern Energy, and Nick Moser, Johnson, Miner, Marlow, Woodward & Huff, Prof. LLC, representing Bon Homme Yankton Electric Association, Inc., asked that the Commission grant intervention. Mr. Brett Koenecke, May, Adam, Gerdes and Thompson, LLP, representing Dakota Plains Ag Center, LLC (Dakota Plains), stated Dakota Plains didn't object to the requests. Ms. Kristen Edwards, staff attorney, recommended that the Commission grant intervention.

     Commissioner Nelson moved to grant intervention to NorthWestern Energy and Bon Homme Yankton Electric Association, Inc. Motion carried 3-0.

There being no further business, at the hour of 1:47 p.m. the South Dakota Public Utilities Commission meeting adjourned.

/s/Joy Lashley     .
Joy Lashley
Administrative Assistant
PUC Email
April 11, 2016