South Dakota Public Utilities Commission Meeting
May 4, 2010, at 9:30 A.M. CDT
Room 413, 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. CDT on Monday May 3, 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)
On October 26, 2009, an application by Otter Tail Power Company (OTP) to update the Commission on its 2009 Energy Efficiency Program and to request approval of its 2010 portfolio was filed. The filing is also requesting budget and financial incentive modifications. At its regularly scheduled meeting on February 23, 2010, the Commission approved the Energy Efficiency Plan modifications. On March 1, 2010, OTP requested approval for $47,130 in financial incentives for 2008/2009 Energy Efficiency Plan accomplishments and to continue the Energy Efficiency Adjustment Rider. No adjustment to the amount was requested.
TODAY, shall the Commission approve the requested financial incentive? And shall the Commission allow OTP to continue the Energy Efficiency Adjustment Rider, until otherwise notified?
2. EL09-026 In the Matter of the Filing by Otter Tail Corporation d/b/a Otter Tail Power Company for Approval to Update its Rates for Small Power Production and Cogeneration. (Staff Analysts: Stacy Splittstoesser, Bob Knadle, Staff Attorney: Kara Semmler)
On December 18, 2009, Otter Tail Corporation d/b/a Otter Tail Power Company filed an application to update the customer charges, the energy and capacity payments, introduce Renewable Energy Credits, and update the terms and conditions in the Small Power Producer Rider-Occasional Delivery Energy Service, Small Power Producer Rider-Time Of Delivery Energy Service, and Small Power Producer Rider-Dependable Service rate schedules. The Company has requested an effective date of February 1, 2010, for the proposed modifications to the rate schedules.
TODAY, shall the Commission approve the proposed modifications to the rate schedules?
On March 22, 2010, Xcel Energy (Xcel) filed for approval of its 2009 Economic Development Annual Report and 2009 Economic Development Plan. The filing includes Xcel Energy's report on 2009 economic development activities planned budget and the actual budget for 2009; and planned budget for 2010. On April 14, 2010, Xcel filed a revised 2010 Economic Development Budget.
TODAY, Shall the Commission approve the 2009 Economic Development Annual Reports and the 2010 Economic Development Plan?
Gas and Electric
1. GE09-001 In the Matter of the Filing by NorthWestern Corporation d/b/a NorthWestern Energy for Approval of its South Dakota Demand Side Management Plan. (Staff Analysts: Brian Rounds, Tim Binder, Staff Attorney: Karen Cremer)
On October 1, 2009, NorthWestern Corporation d/b/a NorthWestern Energy filed a petition with the Commission for approval of its South Dakota Demand Side Management Plan. In its petition, NorthWestern Energy requests to implement new energy efficiency programs targeting electricity and natural gas customers. NorthWestern Energy also proposed to recover costs associated with the Plan via a monthly tracking mechanism that includes a financial incentive for the company.
TODAY, shall the Commission grant any or all of NorthWestern Energy's request for approval of its South Dakota Demand Side Management Plan? And how shall the Commission proceed?
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 DRA'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. At its regularly scheduled meeting of October 6, 2009, the Commission voted unanimously to amend all previously set procedural schedules to allow DRA an extension to file testimony and to allow the Applicant to rebut said testimony. On October 15, 2009, the Commission issued an Order for and Notice of Public Hearing in this matter to provide for a public input hearing at which interested persons could present informal comments in conjunction with the formal hearing scheduled for November 2-6, 2009. On October 19, 2009, intervenor DRA requested that the time for commencement of the public hearing be changed from 7:00 p.m. CST to 6:00 p.m. CST to better accommodate the schedules of interested persons. On October 21, 2009, the Commission issued an Amended Order for and Notice of Public Hearing amending its earlier order to commence the public hearing at 6:00 p.m. CST. The formal hearing was held as scheduled on November 2-4, 2009, and the public input hearing was held as scheduled on November 3, 2009. On December 31, 2009, the Commission issued an amended Order establishing a briefing schedule. Applicant and Staff filed post-hearing briefs on January 20, 2010, and DRA filed a post-hearing brief after hours on January 20, 2010. Reply briefs were due from all parties on February 2, 2010. At its February 18, 2010, Ad Hoc Meeting the Commission granted a permit to construct the Keystone Pipeline Project, subject to the Conditions. On April 9, 2010, Keystone filed a Motion for Limited Reconsideration of Certain Permit Conditions. On April 27, 2010, Keystone filed a Motion for the Commission to approve Sarah J Metcalf as the Keystone XL Public Liaison Officer.
TODAY, Shall the Commission grant Applicant's Motion for Limited Reconsideration of Certain Permit Conditions? And shall the Commission grant TransCanada Keystone Pipeline LP's Motion regarding the public Liaison officer?
Items for Commission Discussion
1. Commissioners will attend the Renewables on Tribal Homelands Conference, April 28-30, 2010, at the Rosebud Casino Complex.
2. The next regularly scheduled commission meeting will be held May 18, 2010, at 9:30 a.m., CDT, in Room 413 at the State Capitol Building, Pierre, S.D.
3. Commissioners and staff will attend an informational meeting with representatives of Xcel Energy on May 18, 2010, at 1:00 p.m. CDT, in Room 413 at the State Capitol Building, Pierre, S.D.
4. Commission meetings are scheduled for June 1 and 15, 2010.
5. A hearing in Docket TC10-017 will be held June 2, 2010, beginning at 9:00 a.m., CDT, in Room 414 of the State Capitol Building, 500 E. Capitol Ave., Pierre, S.D.
6. Commissioners and staff will attend the annual meeting of the Mid-America Regulatory Conference, June 6-9, 2010, in Kansas City, Mo.
/S/ Cindy Kemnitz .
April 27, 2010