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South Dakota Public Utilities Commission Meeting
June 7, 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: Joseph Rezac, Eric Paulson, Brittany Mehlhaff, Patrick Steffensen, and Lorena Reichert; Consumer Affairs Supervisor: Deb Gregg; and Staff: Katlyn Gustafson.

Also present were:
Cheri McComsey Wittler, Court Reporter; Brett Koenecke, May, Adam, Gerdes and Thompson, LLP, representing Montana-Dakota Utilities Co. and Dakota Plains Ag Center, LLC; Tamie Aberle, Travis Jacobson, Nicole Kavisto, Mark Hanson, Garret Senger, Montana-Dakota Utilities Co.; Ed Anderson, South Dakota Rural Electric Association; Nick Moser, Johnson, Miner, Marlow, Woodward & Huff, Prof. LLC, representing Bon Homme Yankton Electric Association, Inc.; Kara Semmler, May, Adam, Gerdes and Thompson, LLP, representing Dakota Plains Ag Center, LLC; Tobin Morris, Dougherty & Company, representing Dakota Plains Ag Center, LLC; Pam Bonrud, NorthWestern Corporation dba NorthWestern Energy; Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing South Dakota Rural Electric Association.

Joining the meeting by telephone were:
Thomas Jernigan and Michael Gorman, Federal Executive Agencies; Allan Welte and Jay Skabo, Montana-Dakota Utilities Co.; Basil Copeland, Dave Peterson, and Bob Towers, Chesapeake Regulatory Consultants Inc, representing PUC Staff; Kavita Maini, KM Energy Consulting, LLC, representing PUC Staff.

Administration

1.     Approval of the minutes of the Commission meeting held on May 24, 2016. (Staff: Joy Lashley)

     Commissioner Fiegen moved to approve the minutes of the Commission meeting held on May 24, 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 53 contacts since the last report was prepared for the May 24, 2016 Commission meeting.

Fifteen contacts involved telecommunication services, ten contacts involved electrical services, ten contacts were related to wireless service, three contacts were related to natural gas service, two contacts were related to gas and electric service, three contacts were related to the Do Not Call Registry, one contact was related to the Dakota Access Pipeline, one contact was related to One Call 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: 570 of the 591 have been resolved.

Natural Gas

1.     NG15-005     In the Matter of the Application of Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Lorena Reichert, Joseph Rezac; Staff Attorney: Adam de Hueck)

A lengthy discussion took place regarding Docket NG15-005. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2016, June 7, 2016, recording located at: http://puc.sd.gov/commission/media/2016/puc06072016.mp3.

     Commissioner Hanson moved to grant the Joint Motion for Approval of Settlement Stipulation and approve the rates, tariff sheets, terms and conditions stipulated therein, including the attached Interim Refund Plan, effective July 1, 2016.Motion carried 3-0.

Electric

1.     EL15-024     In the Matter of the Application of Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. for Authority to Increase its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Lorena Reichert, Joseph Rezac; Staff Attorney: Adam de Hueck)

A lengthy discussion took place regarding Docket EL15-024. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2016, June 7, 2016, recording located at: http://puc.sd.gov/commission/media/2016/puc06072016.mp3.

     Commissioner Fiegen moved to grant the Joint Motion for Approval of Settlement Stipulation and approve the rates, tariff sheets, terms and conditions stipulated therein, including the attached Interim Refund Plan effective, July 1, 2016. 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)

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, June 7, 2016, recording located at: http://puc.sd.gov/commission/media/2016/puc06072016.mp3.

     Commissioner Nelson moved to grant B-Y Electric’s Motion for Continuance Pending Completion of Discovery Pursuant to SDCL 15-6-56(f), with the specifications outlined in the stipulation and agreement for continuance. Motion carried 3-0.

     Commissioner Nelson moved to deny Dakota Plains’ Motion to Quash. Motion carried 3-0.

     Commissioner Fiegen moved to grant B-Y Electric’s Motion to Compel Discovery. Motion carried 3-0.

There being no further business, at the hour of 10:56 a.m. the South Dakota Public Utilities Commission meeting adjourned.

 

/s/Joy Lashley     .
Joy Lashley
Administrative Assistant
PUC Email
June 7, 2016