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South Dakota Public Utilities Commission
April 26, 2012, at 10:00 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 Wednesday 25, 2012. 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 AD HOC COMMISSION MEETING
1. EL11-006 In the Matter of the Complaint by Oak Tree Energy LLC against NorthWestern Energy for refusing to enter into a Purchase Power Agreement (Staff Analysts: Chris Daugaard, Brian Rounds, Staff Attorneys: Kara Semmler, Ryan Soye)
On April 28, 2011 Oak Tree Energy LLC (Oak Tree) filed a Complaint against NorthWestern Energy (NWE). The dispute involves a proposed wind generation project located in Clark County, South Dakota. Oak Tree argues the project is a "Qualified Facility" under PURPA regulations and as a result NWE is required to purchase power produced by the wind farm. Oak Tree alleges that NWE refuses to enter into a purchase power agreement and requests the Commission hear and resolve all issues. On December 13, 2011 Oak Tree filed its pre-filed direct testimony. On January 13, 2012, NWE filed its pre-filed direct and rebuttal testimony. On January 27, 2012 Staff filed its pre-filed direct testimony. On February 7, 2012, the parties filed a stipulation for an amended pre-hearing filing schedule. On February 28, 2012, the Commission served an Order for and Notice of Hearing. On March 14, 2012, the Commission issued an Order Denying Motion to Allow Electronic Testimony. On March 15, 2012, the Commission issued an Order Denying Oak Tree's Omnibus Prehearing Motions and Granting In Part and Denying in Part Parties' Motions to Strike and Exclude. On March 21, 2012, and March 22, 2012, the hearing was held as scheduled. On April 10, 2012, the Commission issued a Post Hearing Scheduling Order. On April 18, 2012, all parties submitted initial post-hearing briefs. Post-hearing replies briefs are due from all parties on April 24, 2012.
TODAY, how shall the Commission rule on Oak Tree's Complaint? OR, how shall the Commission proceed?
- Commissioners will attend the LaCreek Electric Association annual meeting on Thursday, April 26, 2012, at 7 p.m. MDT at the American Legion Auditorium in Martin, S.D.
- Commissioners and staff will meet with representatives of MISO on Monday, April 30, 2012, at 2:30 p.m. CDT in Room 413 at the State Capitol Building in Pierre, S.D. The agenda is to discuss regional transmission issues
- Commissioners and staff will meet with representatives of the Western Area Power Administration on Monday, May 7, 2012, at 9 a.m. CDT in Room 430 at Lake Area Technical Institute, 1225 Arrow Ave. in Watertown, S.D. The agenda is to discuss Western's policies and procedures in marketing and delivering hydroelectric power. A tour of Western's Watertown operations center will follow the meeting. Security clearance is required to tour the facility.
- The next regularly scheduled commission meeting will be held Tuesday, May 8, 2012, at 9:30 a.m. CDT, in Room 413 at the State Capitol Building in Pierre, S.D.
- Commissioners and staff will meet with representatives of Otter Tail Power Company and Xcel Energy on Tuesday, May 8, 2012, at 1:30 p.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D. The agenda is to discuss a project update for the companies' planned Brookings to Big Stone transmission line project.
- Commissioners and staff will meet with representatives of Knology of the Black Hills on Wednesday, May 16, 2012, at 2 p.m. MDT at the Knology office, 809 Deadwood Ave. in Rapid City, S.D. The agenda is to discuss company history and tour the Knology facility.
- Commission meetings are scheduled for May 22 and June 5, 2012.
/S/ Cindy Kemnitz
April 20, 2012