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South Dakota Public Utilities Commission Meeting
May 10, 2016, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Chris Nelson called the meeting to order. Present were: Commissioners: Kristie Fiegen and 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, Brittany Mehlhaff, and Lorena Reichert; Consumer Affairs Supervisor: Deb Gregg; and Staff: Joy Lashley.

Also present were:
Brett Koenecke, May, Adam, Gerdes and Thompson, LLP, representing Dakota Plains Ag Center, LLC; Ed Anderson, South Dakota Rural Electric Association; Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing South Dakota Rural Electric Association; Jerry Lush, South Dakota Dairy Producers, Stray Voltage Consulting; Roger Scheibe, Executive Director, South Dakota Dairy Producers; Matt Hotzler, H-D Electric Cooperative, Inc.; and Tobin Morris, Dakota Plains Ag Center, LLC.

Joining the meeting by telephone were:
Pam Bonrud, Al Brogan, and Jon Oostra, NorthWestern Corporation dba NorthWestern Energy; Sheila Woodward, Johnson, Miner, Marlow, Woodward & Huff, Prof. LLC, representing Bon Homme Yankton Electric Association, Inc.; Eric Pauli, Northern States Power Company dba Xcel Energy; and Todd Brink, Jason Keil, and Jon Thurber, Black Hills Power, Inc. dba Black Hills Energy.

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 48 contacts since the last report was prepared for the April 27, 2016 Commission meeting.

Four contacts involved telecommunication services, 16 contacts involved electrical services, one contact was related to gas and electric service, five contacts were related to wireless service, 11 contacts were related to the Do Not Call Registry, three contacts were related to the Dakota Access Pipeline and eight 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: 467 of the 484 have been resolved.

Electric

1.     EL16-005      In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval of 2016 Transmission Facility Adjustment (Staff Analyst: Eric Paulson, Joseph Rezac; Staff Attorney: Kristen Edwards)

Mr. Jon Thurber, Black Hills Power, Inc. dba Black Hills Energy (BHE), asked that the Commission approve the TFA revenue requirement and rates with an effective date of June 1, 2016. Mr. Eric Paulson, staff analyst, recommended that the Commission approve BHE’s request.

     Commissioner Hanson moved to approve the TFA revenue requirement and rates with an effective date of June 1, 2016. Motion carried 3-0.

2.     EL16-006      In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval of its 2016 Environmental Improvement Adjustment (Staff Analysts: Brittany Mehlhaff, Lorena Reichert; Staff Attorney: Kristen Edwards)

Mr. Jon Thurber, Black Hills Power, Inc. dba Black Hills Energy (BHE), asked that the Commission approve the 2016 Environmental Improvement Adjustment, including the associated tariff sheet and revised rates, as filed on April 29, 2016, with an effective date of June 1, 2016. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve BHE’s request.

     Commissioner Fiegen moved to approve the 2016 Environmental Improvement Adjustment, including the associated tariff sheet and revised rates, as filed on April 29, 2016, with an effective date of June 1, 2016. Motion carried 3-0.

3.     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)

A lengthy discussion took place regarding Docket EL16-013. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2016, May 10, 2016, recording located at: http://puc.sd.gov/commission/media/2016/puc05102016.mp3.

     Commissioner Nelson moved to establish a procedural schedule. Motion carried 3-0.

Rule Making

1.     RM16-001     In the Matter of the Adoption of Rules Regarding Stray Electrical Current and Voltage Remediation (Commission Attorney: Rolayne Wiest)

Commissioner Nelson noted that there was a pending motion on the floor from the last Commission meeting.

     Commissioner Fiegen moved to amend the pending motion by proposing that the language for proposed rules 20:10:39:57 and 20:10:39:58 use the language as proposed by the Commission. Motion to amend carried 3-0. Motion as amended carried 3-0. 

There being no further business, at the hour of 10:13 a.m. the South Dakota Public Utilities Commission meeting adjourned.

/s/Joy Lashley     .
Joy Lashley
Administrative Assistant
PUC Email
May 10, 2016