South Dakota Public Utilities Commission Meeting
January 19, 2010, at 2:30 P.M. CST
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. CST January 15, 2010. 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.
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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.
AGENDA OF COMMISSION MEETING
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
1. EL07-015 In the Matter of the Filing by MidAmerican Energy Company for Approval of its Proposed Energy Efficiency Plan for 2008. (Staff Analysts: Brian Rounds/Dave Jacobson/Bob Knadle, Staff Attorney: Karen Cremer)
On April 18, 2007, MidAmerican Energy filed an application for Commission consideration of its Energy Efficiency Plan (Plan). The Plan contains programs designed for MidAmerican's gas and electric customers in South Dakota, phased in over a three-year period. For each program, MidAmerican has included design, implementation, costs, projected energy savings, and cost-effectiveness data. The Plan also includes a phase-in of particular programs over a three-year period commencing in January 2008, annual reporting to the Commission and a cost recovery mechanism. On February 25, 2009, MidAmerican submitted a Revised Energy Efficiency Plan. At is March 24, 2009, meeting the Commission approved MidAmerican's revised Energy Efficiency Plan and approved its revised tariff sheets with an effective date of May 1, 2009. On April 6, 2009, MidAmerican filed revised tariff sheets. At its April 21, 2009, meeting the Commission approved the revised tariffs with less than 30 days notice to become effective May 1, 2009. On November 20, 2009, MidAmerican filed a request to increase the plan budget for 2009 by a total of $48,000 and plan budget for 2010 by a total of $38,900. At its regular meeting on January 5, 2010, the Commission voted two to one to approve the inclusion of half of the requested recovery. Following the decision, Commissioner Kolbeck requested that the matter be placed on the next agenda for reconsideration.
TODAY, shall the Commission reconsider its decision?
2. EL07-036 In the Matter of the Petition of Xcel Energy for Approval to Establish a Demand Side Management Program and Cost Recovery Tariff and for Approval of its 2008 Planned Costs to be Included in its Rates. (Staff Analysts: Brian Rounds, Dave Jacobson, Bob Knadle, Staff Attorney: Karen Cremer)
On December 28, 2007, Xcel Energy filed a petition with the Commission for approval of an expanded demand side management program and cost recovery tariff. In its petition, Xcel requests to add several new programs and establish a Demand Side Management Cost Adjustment Factor to be included in rates. On December 31, 2009, Xcel Energy filed a letter requesting that their petition filed on December 28, 2007, be withdrawn.
TODAY, shall the Commission grant the request to withdraw the petition and close the docket?
3. EL09-028 In the Matter of the Application by PrairieWinds SD1, Inc., a subsidiary of Basin Electric Power Cooperative, for a Wind Energy Facility Permit for the PrairieWinds SD1 Wind Farm and Associated Facilities. (Staff Analysts: Brian Rounds, Nathan Solem, Tim Binder and Stacy Splittstoesser, Staff Attorney: Karen Cremer)
On December 30, 2009, PrairieWinds SD1, Inc., a wholly owned subsidiary of Basin Electric Power Cooperative submitted an application for a Wind Energy Facility Permit for the Construction of the PrairieWinds SD1 Wind Farm and Associated Facilities. The applicant proposes to construct and operate a 151.5 MW wind energy facility near Crow Lake, South Dakota. The project would include 101 wind turbines and associated access roads, underground collector lines, a collector substation, an O&M building, and approximately 13 miles of 230 kV transmission line.
TODAY, shall the Commission assess a filing fee not to exceed $379,000 with an initial deposit of $8,000?
On December 16, 2009, MidAmerican filed a proposal to revise its terms and conditions of capacity release related to the Monthly Metered Transportation Service (MMT). These revisions are to reflect in its tariff the operating restrictions imposed by Federal Energy Regulatory Commission (FERC) rules on capacity release transactions.
TODAY, shall the Commission Approve the Tariff Revisions?
1. PS09-001 In the Matter of the Filing of the Investigation of the Natural Gas Incident of March 14, 2009, on Montana-Dakota Utilities Co.'s System in Rapid City, South Dakota. (Staff Analysts: Nathan Solem, Stacy Splittstoesser, Staff Attorney: Kara Semmler)
On Saturday, March 14, 2009, an explosion occurred in Rapid City causing over an estimated $100,000 in damage. Subsequent investigation by the gas company showed leaks in the gas main in front of the facility. Since the loss level met the minimum required for a reportable pipeline incident and due to leaks found, the incident was reported under 49 CFR 191.3, giving the PUC jurisdiction over the incident. On March 16, 2009, Commission Staff requested a docket be opened regarding an investigation into the incident. A report, including Staff's recommendation regarding whether all pipeline safety rules were properly observed, will be filed for Commission approval at the conclusion of Staff's investigation. On September 10, 2009, Midwest Clutch and Auto Repair (Midwest Clutch) and its insurance company, Midwest Family Mutual Insurance Company (Midwest Family) filed a Petition for Leave to Intervene. Midwest Clutch and Midwest Family filed a Request to Test Gas Line on September 10, 2009. On September 18, 2009, Montana-Dakota filed an Opposition to Midwest Clutch And Midwest Family Petition to Intervene and Request to Test Gas Line. On December 30, 2009, Montana-Dakota filed a request with the Commission that the docket be closed. On January 4, 2010, the Commission staff filed a letter in support of closing the docket.
TODAY, shall the Commission close the docket?
On December 21, 2009, PUC pipeline safety staff filed a docket for Commission approval of penalties it believes should be levied against Montana-Dakota Utilities Co. for violations of the federal pipeline safety code.
Today, shall the Commission assess a penalty?
1. TC08-031 In the Matter of the Complaint filed by Kennebec Telephone Company, Inc., against Alltel Communications, Inc. Regarding Nonpayment of Transiting Charges.(Staff Analyst: David Jacobson, Staff Attorney: Kara Semmler)
On February 20, 2008, Kennebec Telephone Company, Inc. (Kennebec) filed a complaint against Alltel Communications, Inc. (Alltel) for failing to pay charges associated with transiting services. On May 13, 2009, Kennebec filed a Motion for Summary Judgment and Brief, and a Complainant's Statement of Undisputed Material of Facts. On June 1, 2009, Alltel filed a Brief in Opposition to Kennebec's Motion for Summary Judgment and Objection to Claimant's Statement of Alleged Undisputed Material Facts in Support of Motion for Summary Judgment. On June 22, 2009, Kennebec filed a Complainant's Reply Brief in Support of Motion for Summary Judgment. On January 6, 2010, Staff filed a request to schedule an evidentiary hearing and issue a Scheduling Order or requests that the Commission order the parties to engage in scheduling discussions with Commission Counsel to ultimately set a hearing date.
TODAY, how shall the Commission proceed?
On December 18, 2009, the Commission received a filing for approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Sprint Communications L.P. Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than January 7, 2010. Parties to the Agreement may file written responses to the comments no later than twenty days after service of the initial comments. No comments were received.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
On December 22, 2009, the Commission received a filing for approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Bandwidth.com CLEC, LLC. Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than January 11, 2010. Parties to the Agreement may file written responses to the comments no later than twenty days after service of the initial comments. No comments were received.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
1. Commissioners and Staff will attend a meeting of the Mid-America Regulatory Conference January 14-16, 2010, in San Antonio, Texas.
2. The Public Utilities Commission offices will be closed Monday, January 18, 2010, in observance of Martin Luther King, Jr. Day.
3. The next regularly scheduled commission meeting will be held February 9, 2010, at 2:30 p.m. (CST) in Room 413, State Capitol Building, Pierre, S.D.
4. Commissioners and staff will meet with representatives of the South Dakota One Call Board on January 20, 2010, at 5:30 p.m. (CST) at View 34, Pierre, S.D., to discuss One Call updates.
5. An Open House for Legislators will be held in the Commission offices in the State Capitol Building on January 27, 2010, from 7:30 to 11:00 a.m. (CST)
6. The Public Utilities Commission offices will be closed Monday, February 15, 2010, in observance of Presidents' Day.
7. Commissioners and staff will attend the winter meetings of the National Association of Regulatory Utility Commissioners February 15-18, 2010, in Washington, D.C.
8. Commission meetings are scheduled for February 23, 2010, and March 9, 2010.
9. A hearing in Docket EL09-018 will be held February 23-26, 2010, in the Floyd Matthew Training Center, Foss Building, 523 E. Capitol Ave., Pierre, S.D. The hearing will begin at 1:00 p.m. (CST) February 23, 2010.
/S/Cindy Kemnitz .
January 12, 2010