WYOMING PUBLIC SERVICE COMMISSION. Minutes of Regular Open Meeting Thursday, January 2, :30 p.m.

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1 WYOMING PUBLIC SERVICE COMMISSION Minutes of Regular Open Meeting Thursday, January 2, :30 p.m. Commissioners: Deputy Chairman William F. Russell Commissioner Kara Brighton Jon Wylee, Wylie Law Firm, local counsel for North Star Utility (NSU) (by telephone) Ty Ross, NSU (by telephone) Shawn Hawkins, NSU (by telephone) Laura Ladd, NSU (by telephone) Commission Staff (CS): Steve Mink, Chris Petrie, Luy Luong and David Piroutek. CONSENT AGENDA 1. Docket Nos TK-13 and TK-13 (Record No ). Contract filing of Qwest Corporation d/b/a CenturyLink QC of its Extension Amendment to its CenturyLink Local Services Platform (CLSP) Agreement with TCNI Operating Company, LLC. Commission to consider and act on filing. Art Schmidt, CS, provided a technical Memo dated December 26, Docket Nos TK-13 and TK-13 (Record No ). Contract filing of Qwest Corporation d/b/a CenturyLink QC of its Extension Amendment to its CenturyLink Local Services Platform (CLSP) Agreement with AT&T Corporation. Commission to consider and act on filing. Art Schmidt, CS, provided a technical Memo dated December 26, Deputy Chairman Russell introduced the consent items. For both items, Steve Mink, Commission Counsel, recommended accepting the CLSPs by a letter signed by Commission Counsel. Commissioner Brighton moved to act as recommended and Deputy Chairman Russell seconded the motion. REGULAR AGENDA 1. Docket No WA-13 (Record No ). Application of North Star Utility for a Certificate of Public Convenience and Necessity for expansion of service area. Company representatives will appear by telephone. Commission to consider and act on Application. Luy Luong, CS, provided a technical Memo dated December 18, John Wiley, local counsel for North Star Utility (NSU), summarized the application stating the current water service area was established in He explained NSU would like to expand to a neighboring subdivision to serve 25 lots. Commissioner Brighton asked if the capacity of the system is sufficient to add 25 new lots. Ty Ross, NSU, explained the Open Meeting Minutes for Thursday, January 2, 2014 Page 1

2 capacity of the lines is around 225 gallons per minute, but that it can fluctuate based on the reservoir levels. Commissioner Brighton asked if there had ever been a restriction on water use. Ross replied there has not and NSU has never had an issue meeting demand. Ross stated the preliminary plans for the connection line have been completed, and construction should start this spring. Commissioner Brighton asked about the source of irrigation water. Ross replied there are two wells on the property and a separate irrigation system. Deputy Chairman Russell asked about the purpose of the connection fee. Laura Ladd, NSU, stated it pays for the meter and portions of debt service. Commissioner Brighton asked why an agreement with the Town of Alpine for additional water is necessary. Ladd explained NSU has created a long term partnership with the Town so they will be able to continue expanding the system with the ability to keep rates low. Luong asked how much water would be needed for the aircraft hangar that will be built on one of the lots. Ross stated it will be similar to residential usage and it will not be used for industrial purposes. There were no further comments or questions. Steve Mink, Commission Counsel, recommended approving the application by Order only, effective immediately. Commissioner Brighton moved to act as recommended and Deputy Chairman Russell seconded the motion. Prepared by: Kylie Hayes Next Regular Open Meeting: Tuesday, January 7, 2014 ACCEPTED and APPROVED by the Commission on February 18, Open Meeting Minutes for Thursday, January 2, 2014 Page 2

3 WYOMING PUBLIC SERVICE COMMISSION Minutes of Regular Open Meeting Tuesday, January 7, :30 p.m. Commissioners: Deputy Chairman William F. Russell Commissioner Kara Brighton Sharon Fain, Cheyenne Light, Fuel and Power (CLFP) Commission Staff (CS): John Burbridge, Lori Brand, Michelle Bohanan and Kara Seveland CONSENT AGENDA 1. Docket No TA-13 (Record No ). Notification and request of iloka, Inc., d/b/a Microtech-tel, for accepting the name change of iloka, Inc., d/b/a Microtech-tel to iloka, Inc., d/b/a NewCloud Networks. Commission to consider and act on filing the notice of name change. 2. Docket No EA-13 (Record No ). Application of Rocky Mountain Power for an order authorizing a change in depreciation rates applicable to electric property. Commission to consider and act on compliance filing regarding the Company s depreciation expense. David Walker, Marci Norby, Michelle Bohanan and Brittney Brinkmeier, CS, provided a letter dated December 19, Docket No: EA-13 (Record No ). Application of Cheyenne Light, Fuel and Power Company for a Certificate of Public Convenience and Necessity to construct and operate the Microsoft Electric Substation, modify the Company s North Range Substation, construct a 115 kv transmission line and related facilities in Laramie County, Wyoming. Commission to consider and act on the Company s Motion for Admission Pro Hac Vice of Douglas J. Law. 4. Docket No GA-13 (Record No ). Application of Cheyenne Light, Fuel and Power Company for a certificate of public convenience and necessity to construct and operate high pressure transmission gas pipelines and related facilities in Laramie County, Wy. Commission to consider and act on Motion for Admission Pro Hac Vice of Douglas J Law. Deputy Chairman Russell introduced the consent items. For items 1 and 2, John Burbridge, Commission Counsel, recommended accepting the name change and the compliance filing for filing by Letter Order signed by Commission Counsel. For items 3 and 4, Burbridge recommended granting the Motions by Letter Order signed by Commission Counsel. Commissioner Brighton moved to act as recommended and Deputy Chairman Russell seconded the motion. Open Meeting Minutes for Tuesday, January 7, 2014 Page 1

4 Prepared by: Kylie Hayes Next Regular Open Meeting: Thursday, January 9, 2014 ACCEPTED and APPROVED by the Commission on February 18, Open Meeting Minutes for Tuesday, January 7, 2014 Page 2

5 WYOMING PUBLIC SERVICE COMMISSION Minutes of Regular Open Meeting Thursday, January 9, :30 p.m. Commissioners: Deputy Chairman William F. Russell Commissioner Kara Brighton Ryan Schillreff, General Manager, Wyrulec Company (by telephone) Office of Consumer Advocate (OCA): Bryce Freeman and Ivan Williams Commission Staff (CS): Michelle Bohanan, John Burbridge, Lori Brand, David Piroutek, Don Biedermann, Marci Norby, George Ogirima, Dave Walker, Steve Mink, Kara Seveland and Chris Petrie CONSENT AGENDA 1. Docket No TK-13 (Record No ). Contract filing of Qwest Corporation d/b/a CenturyLink QC of its extension amendment to its CenturyLink Local Services Platform (CLSP) agreement with Impact Telecom, LLC. Commission to consider and act on filing. 2. Docket No GP-13 (Record No ). Application of Energy West Wyoming, Inc., a subsidiary of Energy West Inc., for authority to pass on a net wholesale gas cost decrease of $ per Mcf. Commission to consider and act on Petition for Confidential Treatment (Petition) of certain information contained in Exhibit A of its compliance filing. Deputy Chairman Russell introduced the consent items. Lori Brand, Commission Counsel, recommended accepting for filing the CLSP in item 1 and approval of the Petition in item 2 with a Letter Order signed by Commission Counsel. Commissioner Brighton moved to act as recommended and Deputy Chairman Russell seconded the motion. REGULAR AGENDA 1. Docket No CT-13 (Record No ). Tariff filing of Wyrulec Company for authority to implement a $50 construction estimate fee. Commission to consider and act on application. Michelle Bohanan, CS, provided a technical memo dated January 6, Ryan Schillreff, General Manager, summarized the application stating the $50 estimate fee is designed to eliminate construction requests that are not later acted upon. Schillreff stated in 2012, Wyrulec spent approximately $9,000 for staff to provide estimates that did not result in new service contracts. That cost can never be recovered. Schillreff confirmed that, if approved, all fees would be credited to the customer should a construction contract be issued after the estimate. In response to a question from Open Meeting Minutes for Thursday, January 9, 2014 Page 1

6 Commissioner Brighton, Schillreff explained Wyrulec also would be filing a future application to revise its outdated rules and regulations to make them more consistent. There were no further comments or questions. Lori Brand, Commission Counsel, recommended approval of the application by Order only, unless notice is required, then by Notice and Order, effective immediately. Commissioner Brighton moved to act as recommended and Deputy Chairman Russell seconded the motion. 2. Docket No GA-13 (Record No ). Application of SourceGas Distribution LLC (SourceGas) for a Certificate of Public Convenience and Necessity for major facility construction of the Chokecherry Compressor Station located in Walcott, Wyoming, approval of a waiver of Section 249 of the Commission s Rules, authority to implement a revenue adjustment mechanism and to issue new tariffs. Commission to consider and act on Application to Intervene by Wyoming Community Gas. Chris Petrie, Commission Chief Counsel, appeared for Blair Bales, Commission Counsel, assigned to this matter, and stated that Bales received notification from Wyoming Community Gas that it wished to table this matter. Representatives from SourceGas, Seminole Energy or Wyoming Community Gas were not on the telephone. There were no further comments or questions. Petrie recommended this matter be tabled until the next Open Meeting scheduled for January 14, Commissioner Brighton moved to act as recommended and Deputy Chairman Russell seconded the motion. Prepared by: Angie Elliott Next Regular Open Meeting: Tuesday, January 14, ACCEPTED and APPROVED by the Commission on February 18, Open Meeting Minutes for Thursday, January 9, 2014 Page 2

7 WYOMING PUBLIC SERVICE COMMISSION Minutes of Regular Open Meeting Tuesday, January 14, :30 p.m. Commissioners: Deputy Chairman William F. Russell Commissioner Kara Brighton Sharon Fain, Senior Manager of External Affairs, Cheyenne Light, Fuel and Power (CLFP) Jason Hartman, Director of Project Engineering, Black Hills Power (BHP) Jane France, Sundahl, Powers, Kapp & Martin, L.L.C., Local Counsel for CLFP and BHP Stacy Splittstoesser, Senior Regulatory Analyst, CLFP and BHP Steve Jurek, VP of Regulatory Affairs, CLFP and BHP Chris Kilpatrick, Manager of Regulatory Affairs, CLFP and BHP (by telephone) David Kendall, Vice Chairman, Wyoming Community Gas (WCG) (by telephone) Natalie Flood, Business Development Manager, WCG (by telephone) Elisabeth Pendley, Esq., Local Counsel for Seminole Energy Services, LLC (by telephone) Eric Nelsen, Deputy General Counsel-Regulatory Law, SourceGas Distribution LLC Office of Consumer Advocate (OCA): Christopher Leger and Bryce Freeman Commission Staff (CS): Blair Bales, Steve Mink, Brittney Brinkmeier, Michelle Bohanan, Lori Brand, Kara Seveland, Marci Norby, Luy Luong, Tom Wilson, Don Biedermann and Dave Walker CONSENT AGENDA 1. Docket Nos ET-13 (Record No ) and GT-13 (Record No ). Tariff filing of Montana-Dakota Utilities Co. for authority to remove outdated Uniform Resource Locator (URL) links from tariff sheets. Commission to consider and act on application. Michelle Bohanan, CS, provided a technical Memo dated January 8, Docket No TK-14 and TK-14 (Record No ). Contract filing of Qwest Corporation d/b/a CenturyLink QC of its extension amendment to its CenturyLink Local Services Platform (CLSP) Agreement with MCImetro Access Transmission Services LLC. Commission to consider and act on filing. Tom Wilson, CS, provided a technical Memo dated January 7, Open Meeting Minutes for Tuesday, January 14, 2014 Page 1

8 3. Docket No TK-14 and TK-14 (Record No ). Contract filing of Qwest Corporation d/b/a CenturyLink QC of its extension amendment to its CenturyLink Local Services Platform (CLSP) Agreement with Budget Prepay, Inc. Commission to consider and act on filing. Tom Wilson, CS, provided a technical Memo dated January 7, Docket No TK-14 and TK-14 (Record No ). Contract filing of Qwest Corporation d/b/a CenturyLink QC of its extension amendment to its CenturyLink Local Services Platform (CLSP) Agreement with Ionex Communications North. Commission to consider and act on filing. Tom Wilson, CS, provided a technical Memo dated January 7, Docket No TK-14 and TK-14 (Record No ). Contract filing of Qwest Corporation d/b/a CenturyLink QC of its extension amendment to its CenturyLink Local Services Platform (CLSP) Agreement with Dishnet Wireline, LLC. Commission to consider and act on filing. Tom Wilson, CS, provided a technical Memo dated January 7, Docket Nos TA-13, TA-13; TA-13 and TA- 13 (Record No ). Notification of transfer of control of Trans National Communications International, Inc., to TNCI Operating Company LLC. Commission to consider and act on notification. Chairman Minier introduced the consent items. For Item 1, Blair Bales, Commission Counsel, recommended approving the application by Order only, effective immediately, by rescinding one sentence in the Letter Order issued on January 14, 2010, in Docket Nos ET-09 and GT-09 (Record No ) which states, The Commission finds and concludes that MDU should be directed to revise all references in its electric and gas rules to Commission Rule Section 241(c) to include a Uniform Resource Locator (URL) link to the place on MDU s web site where the actual interest rate can be found. For Items 2-6, Bales recommended accepting for filing with a letter signed by Commission Counsel. Deputy Chairman Russell moved to act as recommended, Commissioner Brighton seconded the motion and Chairman Minier concurred. REGULAR AGENDA 1. Docket No ET-12 (Record No ). Application of Black Hills Power, Inc. (BHP), for authority to establish the February 1, 2014, through April 30, 2014, Cheyenne Prairie Generating Station Rider rates for construction financing costs. Commission to consider and act on application and Petition for Confidential Treatment of Exhibit 1 (Petition). Michelle Bohanan, CS, provided a technical Memo dated January 8, Docket No ET-12 (Record No ). Application of Cheyenne Light, Fuel and Power Company (CLFP) for authority to establish the February 1, 2014 Open Meeting Minutes for Tuesday, January 14, 2014 Page 2

9 through April 30, 2014 Cheyenne Prairie Generating Station Rider rates for construction financing costs. Commission to consider and act on application and Petition for Confidential Treatment of Exhibit 1 (Petition). Michelle Bohanan, CS, provided a technical Memo dated January 8, The Commission chose to consider Items 1 and 2 simultaneously. Chris Kilpatrick, CLFP and BHP, explained the applications, stating this was the second to last in a series of rate increases for construction of the Cheyenne Prairie Generating Station. He noted construction is on time and at or under budget. There were no further comments or questions. Bales recommended approval of the application by Order only, effective for service on and after February 1, 2014, and granting of the Petition, effective immediately. Deputy Chairman Russell moved to act as recommended, Commissioner Brighton seconded the motion and Chairman Minier concurred. 3. Docket No GA-13 (Record No ). Application of SourceGas Distribution LLC (SourceGas) for a Certificate of Public Convenience and Necessity for major facility construction of the Chokecherry Compressor Station located in Walcott, Wyoming, approval of a waiver of Section 249 of the Commission s Rules, authority to implement a revenue adjustment mechanism and to issue new tariffs. Commission to consider and act on Application to Intervene by Wyoming Community Gas (WCG) (Application). WCG filed its Application on January 2, 2014, in the above-referenced docket. Natalie Flood, WCG, explained WCG learned of the application after the intervention deadline had passed, determined a large number of its customers would be affected by construction of the Chokecherry Compressor Station, and desires to intervene. Commissioner Brighton asked if WCG was aware the deadline for filing testimony in the case is Friday, January 24, Flood confirmed, stating WCG does not plan to file testimony. Eric Nelsen, counsel for SourceGas, and Elisabeth Pendley, counsel for Seminole, stated they did not object to the intervention. There were no further comments or questions. Bales recommended approval to intervene with the condition WCG take the existing schedule as WCG finds it. Deputy Chairman Russell moved to act as recommended, Commissioner Brighton seconded the motion, and Chairman Minier concurred. 4. Docket No EA-13 (Record No ). Application of Black Hills Power, Inc. (BHP), for authority to discontinue operation of, and decommission Neil Simpson I, Ben French and Osage coal-fired generation facilities. Commission to consider and act on the application. Dave Walker and Brittney Brinkmeier, CS, provided a technical Memo dated January 7, Chris Kilpatrick, BHP, explained the application stating the plants are years old. He stated it is uneconomical to continue to run the facilities. Deputy Chairman Russell asked if the timeline for decommissioning the Colorado plants coincides with the timeline to decommission Wyoming plants. Kilpatrick replied the Colorado plants will be decommissioned first. Deputy Chairman Russell asked if something went wrong in Colorado s decommissioning, would that affect Wyoming decommissioning. Jason Hartman, BHP, stated it would not. Deputy Chairman Russell asked what the probability is of major unforeseen circumstances affecting the schedule. Hartman stated it is hard to say, but BHP has completed environmental assessments for the facilities to reduce the risk. Commissioner Brighton asked what the certainty is of the Open Meeting Minutes for Tuesday, January 14, 2014 Page 3

10 decommissioning cost. Hartman answered the cost itself is based on a fixed lump sum bid from the contractor. He noted there is always a possibility that changes could occur but the number given is the best they can provide. Commissioner Brighton asked whether BHP could give a quarterly update to the Commission. Kilpatrick confirmed. Walker asked how these costs will be treated in South Dakota. Kilpatrick explained there will be a hearing on these costs and, in the next rate case, BHP will propose how costs should be allocated. Walker asked what affect the decommissioning would have on Wyoming rates. Kilpatrick stated BHP plans to collect the costs over a five year period, so the overall impact to customers will be small. Chairman Minier noted the OCA filed a Notice of No Contest. Bryce Freeman, OCA, stated that after its initial entry in the case, OCA essentially determined there were no issues to pursue. There were no further comments or questions. Steve Mink, Commission Counsel, recommended approval by Order only, effective immediately, and with direction that BHP file quarterly status reports on its progress. Deputy Chairman Russell moved to act as recommended, Commissioner Brighton seconded the motion and Chairman Minier concurred. Prepared by: Kylie Hayes Next Regular Open Meeting: Thursday, January 16, ACCEPTED and APPROVED by the Commission on February 25, Open Meeting Minutes for Tuesday, January 14, 2014 Page 4

11 WYOMING PUBLIC SERVICE COMMISSION Minutes of Regular Open Meeting Thursday, January 16, :30 p.m. Commissioners: Commissioner Kara Brighton Bruce Asay, Associated Legal Group, local counsel for Golden West Telecommunications Cooperative, Inc. (Golden West) Denny Law, CEO and General Manager, Golden West (by telephone) Jill Reinert, Project Coordinator, Golden West (by telephone) Commission Staff (CS): Blair Bales, Brittney Brinkmeier, Lori Brand, Kara Seveland, Tom Wilson, Art Schmidt and Chris Petrie. CONSENT AGENDA 1. Docket No XO-13 (Record No ). Proposed Adoption of Chapter V, Sections 513 and 514 of the Commission s Procedural Rules and Special Regulations Regarding Revised Procedures for ETC Designation and Annual Reporting and Certification. Commission to consider closing docket upon Governor s approval of proposed Rules. Chairman Minier introduced the consent item. Lori Brand, Commission Counsel, recommended issuing an Order closing the docket. Commissioner Brighton moved to act as recommended and Chairman Minier seconded the motion REGULAR AGENDA 1. Docket No TA-13 (Record No ). Application of Golden West Telecommunications Cooperative, Inc. for authority to increase its local exchange business price. Commission to consider and act on application. Art Schmidt, CS, provided a technical Memo dated January 10, Bruce Asay, local counsel for Golden West, explained the application, noting it had originally been filed in August along with another docket. The application was separated into two dockets: business and residential, to be treated independently. He explained this application is for an increase of $3.00 per month for Golden West s six business customers in Wyoming. He noted that Golden West was originally unaware of the need to file with the Commission and for that reason the increased price has been in effect without Commission approval since June 1, Denny Law, Golden West, explained the increase is due to a significant investment in the system serving these customers. Law also noted that Golden West is in the process of standardizing prices for all business customers throughout Wyoming and other states. There were no further comments or questions. Chairman Minier moved to approve the application by Order only, with a retroactive effective date of September 1, 2013, the first Open Meeting Minutes for Thursday, January 16, 2014 Page 1

12 of the month following Golden West s initial application date of August 29, 2013, with Golden West to refund the price increase of $3.00 per month for three months (June through August) for a total of $9.00 each to the six business customers. Commissioner Brighton seconded the motion. Prepared by: Kylie Hayes Next Regular Open Meeting: Tuesday, January 21, ACCEPTED and APPROVED by the Commission on February 25, Open Meeting Minutes for Thursday, January 16, 2014 Page 2

13 WYOMING PUBLIC SERVICE COMMISSION Minutes of Regular Open Meeting Tuesday, January 21, :30 p.m. Commissioners: Commissioner Kara Brighton Bryan Case, General Manager/CEO, Fall River Rural Electric Cooperative, Inc. Stacy Splittstoesser, Cheyenne Light, Fuel and Power Company (CLFP) Rick Thompson, Hathaway & Kunz, P.C., local counsel, Dyno Nobel, Inc. (Dyno Nobel) James Chilton, Wyoming Tribune Eagle Konnie Rask, High West Energy Ronnie Lopez, Hirst Applegate, LLP, local counsel, Frontier Refining, LLC Dustin Kukuchka, Dyno Nobel Sharon Fain, CLFP Commission Staff (CS): Blair Bales, John Burbridge, Lori Brand, Don Biedermann, Luy Luong, Steve Mink, Chris Petrie, Kara Seveland and Dave Walker. CONSENT AGENDA 1. Docket No TC-13 (Record No ). Complaint filing of Zentura against Qwest Corporation d/b/a/ CenturyLink QC, requesting a formal hearing on billing issues. Commission to consider and act on the Joint Stipulation and Motion for Dismissal (Motion). 2. Docket No ER-13 (Record No ). Application of Cheyenne Light, Fuel and Power Company for a General Rate Increase of $12,778,383 Per Annum in its Retail Electric Service Rates and Docket No GR-13 (Record No ). Application of Cheyenne Light, Fuel And Power Company for a General Rate Increase of $1,290,481 Per Annum in its Retail Natural Gas Sales and Transportation Rates. Commission to consider and act on: a. Frontier Refining s Petition for Leave to Intervene filed December 17, 2013; b. Dyno Nobel, Inc s Petition to for Leave to Intervene filed December 19, 2013; c. Timothy C. Kingston s Petition for Leave to Intervene filed January 16, 2014, (collectively Petitions); and d. Issuance of a Special Order Authorizing One Commissioner and/or Hearing Examiner to Conduct Public Hearing. Open Meeting Minutes for Tuesday, January 21, 2014 Page 1

14 3. Undocketed: Open meeting minutes for review by the Commission for the regular open meetings of December 17 and 19, 2013, as prepared by Kylie Hayes. Chairman Minier introduced the Consent Items. For Item 1, Lori Brand, Commission Counsel, recommended approval of the motion by Order signed by Commission Counsel. For Item 2, Brand recommended approval of the petitions listed under 2.a. - c. by Order, signed by Commission Counsel, and for 2.d., Brand recommended the Commission issue a Special Order. Commissioner Brighton moved to act as recommended and Chairman Minier seconded the motion. Commissioner Brighton then moved to approve the minutes as written and Chairman Minier seconded the motion. REGULAR AGENDA 1. Docket No CA-13 (Record No ). Application of Fall River Rural Electric Cooperative, Inc. (Fall River), for approval of its prepaid meter payment option, Easy Pay. Commission to consider and act on application. Don Biedermann, CS, provided a technical memo dated January 14, Bryan Case, Fall River General Manager/CEO,, provided a summary of the application stating Fall River s Board of Directors had approved the new Easy Pay option after completing a trial phase which allowed its member/customers to test it. Case stated the Easy Pay option is now being offered to its member/customers and it is completely voluntary with no deposit required. A minimum balance of $ is needed to set up the initial prepayment account and is then immediately available for energy use. Case stated the new option provides daily updates regarding usage and alerts member/customers when account balances are less than the customer determined threshold or $40, whichever is more. There were no further comments or questions. Steve Mink, Commission Counsel, recommended approval of the application by Order only, effective immediately. Commissioner Brighton moved to act as recommended and Chairman Minier seconded the motion. Prepared by: Angie Elliott Next Regular Open Meeting: Thursday, January 23, ACCEPTED and APPROVED by the Commission on February 28, Open Meeting Minutes for Tuesday, January 21, 2014 Page 2

15 WYOMING PUBLIC SERVICE COMMISSION Minutes of Regular Open Meeting Thursday, January 23, :30 p.m. Commissioners: Deputy Chairman William F. Russell Commissioner Kara Brighton Drake Hill, Beatty & Wozniak, P.C., local counsel for Legacy Reserves Operating, LP (Legacy) Ronnie Lopez, Hirst Applegate, LLP, local counsel for Rocky Mountain Pipeline System, LLC (RMPS) Greg Warder, RMPS (by telephone) Scott Bliss, RMPS (by telephone) Commission Staff (CS): Blair Bales, Lori Brand, Kara Seveland, John Burbridge, Dave Walker, Luy Luong, Marci Norby and Chris Petrie. REGULAR AGENDA 1. Docket No PA-13 (Record No ). Joint Application of Rocky Mountain Pipeline System LLC (RMPS) and Legacy Reserves Operating, LP (Legacy) for authority to transfer injection station facilities. Commission to consider and act on joint application and three Petitions for Confidential Treatment (Petitions). 2. Docket No PA-13 (Record No ). Joint Application of Rocky Mountain Pipeline System LLC (RMPS) and Legacy Reserves Operating, LP (Legacy) for a Certificate of Public Convenience and Necessity to own and operate injection station facilities. Commission to consider and act on joint application. Dave Walker provided a technical Memo dated January 16, Dave Walker, CS, provided a technical Memo dated January 16, 2014, and Petitions. Regular Items 1 and 2 were considered simultaneously. Greg Werger, RMPS Manager of Pipeline Commercial Operations, explained the application stating that RMPS wishes to transfer non-core assets to its current producer, Legacy. Werger explained that the reason for the sale is the high cost and burden of maintaining the assets for RMPS. He stated that Legacy would be able to maintain at a more cost effective level. Deputy Chairman Russell asked if RMPS monitors and controls the assets from Henly, Texas. Scott Bliss, RMPS Crude Oil Marketer, answered yes. Deputy Chairman Russell asked how Legacy will monitor assets since the control center is not included in the sale. Bliss stated Legacy plans to monitor from its current control center in Cody, Wyoming. Deputy Chairman Russell asked if Legacy has the competency to operate the facilities. Bliss confirmed. Walker asked if there would be an interruption in operation. Bliss replied there would not Open Meeting Minutes for Thursday, January 23, 2014 Page 1

16 and explained the parties had a transition policy in place. Walker asked RMPS to describe the injection facilities and to confirm the facilities would not be injecting anything back into the earth. Bliss explained the operation and confirmed that nothing is injected into the ground. There were no further comments or questions. John Burbridge, Commission Counsel, recommended approving the application and granting the Petitions by Order only effective immediately for Item 1, and approving Legacy s application for a Certificate of Public Convenience by Order only, effective immediately for Item 2. Deputy Chairman Russell moved to act as recommended, Commissioner Brighton seconded the motion, and Chairman Minier concurred. 3. Docket No GA-13 (Record No ). Application of Questar Gas Company for approval to include property under the Wexpro II Agreement. Commission to consider and act on Petition Amending Second and Third Petitions for Confidential Treatment (Petition). John Burbridge, Commission Counsel, recommended tabling the Item until January 27, 2014, due to confusion as to the effect of the numerous Petitions. Deputy Chairman Russell moved to act as recommended, Commissioner Brighton seconded the motion and Chairman Minier concurred. Prepared by: Kylie Hayes Next Regular Open Meeting: Tuesday, January 28, ACCEPTED and APPROVED by the Commission on February 28, Open Meeting Minutes for Thursday, January 23, 2014 Page 2

17 WYOMING PUBLIC SERVICE COMMISSION Minutes of Regular Open Meeting Tuesday, January 28, :30 p.m. Commissioners: Deputy Chairman William F. Russell Commissioner Kara Brighton Kristin Lee, CenturyLink QC O Kelley Pearson, Hickey and Evans, LLP, local counsel for CenturyLink QC Tre Hendricks, Senior Corporate Counsel for CenturyLink QC (by telephone) Renee Albersheim, CenturyLink QC (by telephone) Jane France, Sundahl, Powers, Kapp & Martin, L.L.C., local counsel for Cheyenne Light, Fuel and Power (CLFP) Jill Reiter, Rate Analyst for Black Hills Power (BHP) (by telephone) Taylor Sagen, Rate Analyst for CLFP (by telephone) Rita Mulkern, Revenue Analysis Manager for Montana Dakota Utilities (MDU) (by telephone) GayLynn Leuder, Rate Analyst for MDU (by telephone) Commission Staff (CS): John Burbridge, Lori Brand, Blair Bales, Jess Bottom, Chris Petrie and Art Schmidt. REGULAR AGENDA 1. Docket No GP-13 (Record No ). Application of Cheyenne Light, Fuel and Power Company for authority to pass on a wholesale gas cost increase of $ per dekatherm for firm and interruptible rate classes. Commission to consider and act on application and Petition for Confidential Treatment of Natural Gas Acquisition Strategy and Financial Forecasting (Petition). Jess Bottom, CS, provided a technical Memo dated January 21, Jill Reiter, of BHP for Cheyenne Light, Fuel and Power Company (CLFP), explained the application stating the increase is primarily driven by February s projected gas cost, which is higher than that reflected in CLFP s currently effective gas rates. There were no further comments or questions. John Burbridge, Commission Counsel, recommended approval of the application for usage on and after February 1, 2014, and the granting of the Petition by Notice and Order, effective immediately. Deputy Chairman Russell moved to act as recommended, Commissioner Brighton seconded the motion and Chairman Minier concurred. 2. Docket No TA-13 (Record No ). Qwest Corporation d/b/a CenturyLink QC (CenturyLink), Petition for Commission approval of non-impaired wire center list pursuant to the FCC s Triennial Review Remand Order ( TRRO ) (Petition) and Motion for Expedited Issuance of Protective Order. Commission to consider and act on Petition. Art Schmidt, CS, provided a technical Memo dated January 17, O Kelley Pearson, CenturyLink QC s local counsel, and Kristin Lee, CenturyLink Open Meeting Minutes for Tuesday, January 28, 2014 Page 1

18 QC Director for Legislative and Regulatory Affairs for Wyoming, appeared in person. Tre Hendricks, Senior Corporate Counsel, and Renee Albersheim, Lead Witness, participated via telephone on behalf of the Company. Albersheim presented the Petition, stating she was involved in CenturyLink QC s TRRO process since its inception. She described her participation in CenturyLink QC s 2007 case before the Minnesota Public Utilities Commission which resulted a Settlement Agreement between Qwest and the competitive local exchange carrier intervenors. Albersheim was one of three witnesses in the original six state proceedings and is now the witness covering all matters relating to the TRRO. She explained that originally, only six states had wireline centers that qualified for non-impairment treatment, and Wyoming was not one of them. This year is the first time that a wire center in Wyoming meets the requirements for non-impairment and pursuant to the TRRO and Settlement Agreement, CenturyLink QC may request the addition of non-impaired wire centers as competition increases and more wireline centers qualify as non-impaired. There were no further comments or questions. Lori Brand, Commission Counsel, recommended approval of the Petition by Order only, effective immediately. Deputy Chairman Russell moved to act as recommended, Commissioner Brighton seconded the motion and Chairman Minier concurred. 3. Docket No GP-14 (Record No ). Application of Montana-Dakota Utilities Co. (MDU) for authority to pass on a wholesale gas cost increase of $0.663 per Dth for residential, firm general service, small and large interruptible customers, and an increase of $0.671 per Dth for seasonal customers. Commission to consider and act on application, Petition for Confidential Treatment of Exhibit 3a and Petition to Implement Rates on less than 30 days Notice (Petitions). Jess Bottom, CS, provided a technical Memo dated January 23, Rita Mulkern, Regulatory Affairs Manager, and GayLynn Lueder, Regulatory Analyst, participated by telephone on behalf of MDU. Lueder summarized the application, stating the increase is attributable to an increase in the overall commodity price of gas and lower than average temperatures resulting in higher than normal storage withdrawals. There were no further comments or questions. Lori Brand, Commission Counsel, recommended approval of the application for usage on and after February 1, 2014, and the granting of the Petitions by Notice and Order, effective immediately. Deputy Chairman Russell moved to act as recommended, Commissioner Brighton seconded the motion, and Chairman Minier concurred. Prepared by: Angie Elliott Next Regular Open Meeting: Thursday, January 30, 2014 ACCEPTED and APPROVED by the Commission on March 4, Open Meeting Minutes for Tuesday, January 28, 2014 Page 2

19 WYOMING PUBLIC SERVICE COMMISSION Minutes of Regular Open Meeting Thursday, January 30, :30 p.m. Commissioners: Deputy Chairman William F. Russell Commissioner Kara Brighton Bryan Lee, Frannie Deaver Utilities (by telephone) Commission Staff (CS): John Burbridge, Lori Brand, Blair Bales, Michelle Bohanan, Chris Petrie and David Piroutek (by telephone). REGULAR AGENDA 1. Docket No GA-13 (Record No ). Amended application of Frannie Deaver Utilities (FDU) to establish interim Wobbe Indices for its distribution system. Commission to consider and act on amended application. Dave Piroutek and Michelle Bohanan, CS, provided a technical memo dated January 21, Bryan Lee, FDU President, presented the application stating FDU is requesting approval of an interim Wobbe Index of 1429 for its Frannie service territory and an interim Wobbe Index of 1372 for its Deaver service territory. Lee explained that FDU will gather quarterly heating values for the towns of Frannie and Deaver for one year to determine whether the interim Wobbe Indices were accurately set. FDU requested recovery of the quarterly testing costs through its passon filings, as these costs were not presently being recovered in its base rates. FDCU intends to establish permanent Wobbe Indices after one year of testing. Piroutek expressed a limited concern regarding establishment of a Wobbe Index as high as 1429, but stated his concern is mitigated by the fact that it is an interim figure drawn from data modeling, which may change once actual quarterly gas samples are taken. There were no further questions or comments. Lori Brand, Commission Counsel, recommended approval of the amended application by Order only, effective immediately, and that Frannie Deaver conduct quarterly gas sample testing in its Frannie and Deaver service territories and recover the costs of testing through its pass-on filings. Deputy Chairman Russell moved to act as recommended and Commissioner Brighton seconded the motion. 2. Multiple dockets. Commission to consider revoking the authorities or certificates held by the following companies for failure to comply with annual reporting requirements under Public Service Commission rules and Wyoming law. Docket No TI TI TI TI-13 Company Name Telmex USA, LLC Mobilitie, LLC iloka, Inc. Momentum Telecom Open Meeting Minutes for Thursday, January 30, 2014 Page 1

20 TI TI TI TI-13 Mobilitie, LLC Momentum Telecom, Inc. Greenfly Networks, Inc. Crosstel Tandem, Inc. John Burbridge, Commission Counsel, asked whether there were any representatives for the listed companies present on the telephone. There was no response. There were no further questions or comments. Burbridge had two parts to his recommendation: [i] the Commission to revoke the authorities or certificates respectively for the companies listed in Item 2 by Order only, effective immediately; and [ii] the Commission to table action in Docket No TI-13 (Record No ) iloka, Inc., as it has become compliant and the docket will be dismissed. Deputy Chairman Russell moved to act as recommended and Commissioner Brighton seconded the motion. Prepared by: Angie Elliott Next Regular Open Meeting: Thursday, February 6, 2014 ACCEPTED and APPROVED by the Commission on March 4, Open Meeting Minutes for Thursday, January 30, 2014 Page 2