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South Dakota Public Utilities Commission Meeting
October 6, 2009, at 9:30 A.M.
Room 412, Capitol Building
Pierre, South Dakota

NOTE:  If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 by 5:00 p.m. on October 5, 2009.  Lines are limited and are given out on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. Ultimately, if you wish to participate in the Commission Meeting and a line is not available you may have to appear in person.  

NOTE:  To listen to the Commission Meeting live please go to the PUC's Web site and click on the LIVE button on the home page. The Commission requests that persons who will only be listening to proceedings and not actively appearing in a case listen via the web cast to free phone lines for those who have to appear.  The Commission meetings are archived on the PUC's Web site under the Commission Actions tab and then click on the LISTEN button on the page.

NOTE:  Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place.  If you have special needs, please notify the Commission and we will make all necessary arrangements.


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)

         On March 12, 2009, TransCanada Keystone Pipeline, LP, (Keystone) filed a siting permit application for the South Dakota portion of the proposed Keystone XL Project (Project). The Project will transport crude oil starting in Hardisty, Alberta, Canada and ending in Port Arthur and East Houston areas of Texas.  The proposed 36 inch diameter pipeline will have a nominal capacity of 900,000 barrels of oil per day (bpd).  The proposed route will enter South Dakota at the Montana/South Dakota border in Harding County. It will extend in a southeasterly direction through portions of Harding, Butte, Perkins, Meade, Pennington, Haakon, Jones, Lyman, and Tripp counties. It will exit the state at the South Dakota/Nebraska border in Tripp County. The length of pipeline through South Dakota is approximately 313 miles.  The Project also includes seven pump stations in South Dakota located in Harding (2), Meade, Haakon, Jones, and Tripp (2) counties along with 16 mainline valves.  Mainline valves are proposed at each pump station and along the right-of-way with spacing intervals based upon the location of the pump stations, water bodies greater than 100 feet in width, high consequence areas and other considerations.  Dakota Rural Action (DRA) filed a Motion for Extension of Time to File Application for Party Status on May 11, 2009.  Requests for Party Status were granted at the May 19, 2009, Commission Meeting. At the same meeting, the Commission voted to deny the Motion for Extension of Time to File Application for Party Status, and in the alternative, the Commission extended the intervention deadline to May 31, 2009. On May 15, 2009, Staff filed a Motion to Establish Procedural Schedule.  Staff filed a Letter Regarding Consulting Contracts on May 29, 2009. The Commission established a Procedural Schedule at its June 9, 2009, meeting. On September 3, 2009, DRA filed a Motion for Extension of Time to Submit Testimony. The Commission Granted the Motion for Extension of Time to Submit Testimony at its September 8, 2009, meeting. On September 18, 2009, Keystone filed a Response to Dakota Rural Action's Request for Further Discovery. At its September 23, 2009, meeting, the Commission granted in part and denied in part DRA's Request for Further Discovery. On September 29, 2009, Chairman Johnson filed a request that the Commission reconsider its earlier decision and make documents central to the Applicant's preparation of its Emergency Response Plan available as part of discovery.  On October 2, 2009, Staff filed a request for the Commission to render a decision regarding whether the hearing will proceed as it was scheduled in June.

         TODAY, Shall the Commission Amend the Procedural Schedule or how shall the Commission Proceed?


 /S/ Patricia Van Gerpen     .
Patricia Van Gerpen
Executive Director
October 2, 2009