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South Dakota Public Utilities Commission Meeting
February 10, 2017, at 9:30 A.M. CST
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 p.m. CST on February 9, 2017. 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 website www.puc.sd.gov and click on the LIVE link on the home page. The Commission requests 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 website under the Commission Actions tab. Click on “Commission Meeting Archives,” to access the recordings.

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

Administration

1.     Approval of the Minutes of the Commission Meetings Held on January 17, and January 27, 2017 (Staff: Joy Lashley)

Consumer Reports

1.     Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)

Electric

1.     EL16-021     In the Matter of the Complaint by Juhl Energy, Inc. against NorthWestern Corporation dba NorthWestern Energy for Establishing a Purchase Power Agreement (Staff Analysts: Jon Thurber, Darren Kearney, Joseph Rezac; Staff Attorneys: Amanda Reiss, Kristen Edwards)

On June 23, 2016, Juhl Energy, Inc. (Juhl) filed a Complaint seeking resolution of a dispute with NorthWestern Corporation dba NorthWestern Energy (NorthWestern) regarding the proper avoided cost for a long-term electric power purchase agreement. On August 4, 2016, the Parties filed a Joint Request for a Procedural Schedule. At its regularly scheduled meeting on August 16, 2016, the Commission established a Procedural Schedule. On October 24, 2016, Juhl submitted a request for Confidential Treatment of responses to NorthWestern Energy Discovery Requests 1-29 and 1-31. On February 1, 2016, Consolidated Edison Development, Inc. filed a Notice of Appearance and Motion to Amend Complaint based on Consolidated Edison Development, Inc.’s acquisition of Juhl Energy Inc.’s interest in the three wind energy projects that are the subject of this docket.

     TODAY, shall the Commission grant the Motion to Amend the Complaint? OR how shall the Commission proceed?

2.     EL16-035     In the Matter of the Petition of Otter Tail Power Company for Approval of the Transmission Cost Recovery Rider Rate (Staff Analysts: Patrick Steffensen, Lorena Reichert; Staff Attorney: Amanda Reiss)

On November 1, 2016, Otter Tail Power Company (OTP) filed a petition for approval of its 2017 Transmission Cost Recovery (TCR) Rider. The update includes the tracker balance estimated for the end of the current recovery period so that no over- or under-recovery of TCR costs occurs. The update also includes the addition of one new transmission project that is not currently in base rates and has not previously been approved for inclusion in the TCR Rider. OTP’s petition proposed a March 1, 2017, effective date. On January 20, 2017, OTP filed a Supplemental Filing with revised Attachments 1 through 24.

     TODAY, shall the Commission approve the TCR rate factor and revised tariff sheet with an effective date of March 1, 2017?

3.     EL17-001     In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions regarding Its Meter Data and Privacy Policy Rate 140 (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

On January 10, 2017, the Commission received a filing by Montana-Dakota Utilities (MDU) for approval of tariff revisions regarding its meter data and privacy policy rate 140. MDU requests that the Meter Data and Privacy Policy be inserted in Section 5 of its South Dakota Electric Rate Schedule designated as Rate 140 for its electric utility. On January 30, 2017, MDU responded to staff’s data request. 

     TODAY, shall the Commission approve the tariff revisions with an effective date of February 10, 2017? 

Natural Gas

1.     NG17-001       In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions regarding Its Meter Data and Privacy Policy Rate 140 (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

On January 10, 2017, the Commission received a filing by Montana-Dakota Utilities (MDU) for approval of tariff revisions regarding its meter data and privacy policy rate 140. MDU requests that the Meter Data and Privacy Policy be inserted in Section 5 of its South Dakota Gas Rate Schedule designated as Rate 140 for its natural gas utility. On January 30, 2017, MDU responded to staff’s data request. On February 1, 2017, MDU filed an additional tariff page for approval.

     TODAY, shall the Commission approve the tariff revisions with an effective date of February 10, 2017? 

Telecommunications

1.     TC17-001     In the Matter of the Application of Wide Voice, LLC for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

On January 12, 2017, the Commission received an Application for a Certificate of Authority from Wide Voice, LLC (Wide Voice). Wide Voice seeks to provide competitive local exchange services, including exchange access service, within the state of South Dakota.

     TODAY, shall the Commission grant intervention to any parties that may have filed?

2.     TC17-002     In the Matter of the Filing by Qwest Corporation dba CenturyLink QC for Approval of Waiver of Switched Access Cost Study (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

On January 17, 2017, the Commission received an application from Qwest Corporation dba CenturyLink QC (CenturyLink) for a waiver of the requirement to perform a switched access cost study pursuant to ARSD 20:10:27:02. ARSD 20:10:27:02 requires that an incumbent local exchange carrier submit a cost study no less than once every three years. ARSD 20:10:27:02 also provides that the commission, for good cause shown, may either on its own motion or by application from a carrier’s carrier, temporarily waive or suspend any rule in chapter 20:10:27. CenturyLink requests a waiver of the cost study requirement because (1) many access rates are limited by the federal ruling in the USF/ICC Transformation Order; (2) producing such a study is costly and consumes a great deal of resources; (3) Century Link does not intend to increase access rates at this time; and (4) preliminary analysis based on past studies indicates that a cost study would likely justify higher rates than those from the last submitted study.

     TODAY, shall the Commission grant the Waiver of the Switched Access Cost Study as requested by CenturyLink?

3.     TC17-003     In the Matter of the Approval of a Carrier Partner for Interconnected VoIP Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Airus, Inc. (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

On January 19, 2017, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Interconnected VoIP Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Airus, Inc. Airus wishes to act as a Carrier Partner for an Interconnected VoIP Provider by providing a switch and combining their traffic with the Interconnected VoIP Provider’s VoIP-PSTN Traffic. Airus then wishes to exchange such traffic with CenturyLink according to the terms of this Amendment.

     TODAY, shall the Commission Approve the Amendment to the Interconnection Agreement?

Items for Commission Discussion

Announcements

  1. Commissioners and staff will meet with representatives of Otter Tail Power Company on Friday, February 17, 2017, at 10:00 a.m. CST in Room 413 at the State Capitol Building, Pierre, S.D. The agenda is to discuss the Christmas ice storm in South Dakota, and the status of the company’s resource plan filing in Minnesota and the new resources that are expected to be added as a result.

  2. The PUC offices will be closed Monday, February 20, 2017, in observance of Presidents Day.

  3. PUC Commissioners will attend the South Dakota State Federation of Labor Legislative Conference on Thursday, February 23, 2017, at 1:00 p.m. CST in the Highlands/Hills Room at the RedRossa Italian Grille, Pierre, S.D.

  4. PUC commissioners and staff will meet with consumers at the Sioux Empire Home Show, February 24-26, 2017, at the Sioux Falls Convention Center & Arena, Sioux Falls, S.D.

  5. The next regularly scheduled commission meeting will be Tuesday, February 28, 2017, at 10:00 a.m. CST in the Floyd Matthew Training Center in the Foss Building, 523 E. Capitol Ave., Pierre, S.D.

  6. Commission meetings are scheduled for March 14 and 28, 2017.

 

/s/Cindy Kemnitz               .
Cindy Kemnitz
Finance Manager
PUC Email
February 3, 2017