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South Dakota Public Utilities Commission Meeting
December 28, 2018, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota
NOTE: Docket participants who wish to join this meeting by conference call, should contact the Commission at 605-773-3201 by 5:00 p.m. CST on Thursday, December 27, 2018, to reserve a phone line. Lines are limited and assigned 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 docket discussion at 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 webcast 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 November 27 and December 11, 2018, and the Ad Hoc Meeting held on November 20, 2018 (Staff: Joy Lashley)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
1. EL18-024 In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between the City of Sioux Falls and Northern States Power Company dba Xcel Energy (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
On May 16, 2018, Commission staff (staff) filed an Electric Service Territory Boundary Agreement between the City of Sioux Falls and Northern States Power Company dba Xcel Energy. Subsequent revisions were filed on December 5 and 6, 2018. This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information. Staff asks for approval of the agreement to update official mapping data to properly reflect the service territory boundaries shared by the utilities in this docket.
TODAY, shall the Commission approve the proposed electric service territory boundary agreement?
2. EL18-029 In the Matter of the Application of Black Hills Power Inc., dba Black Hills Energy for Approval of Its Tax Cut and Jobs Act Proposal (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)
On December 21, 2017, the Commission received a filing from Commission staff (staff) requesting a docket (Docket GE17-003) be opened to investigate the Tax Cuts and Jobs Act (TCJA) on South Dakota utilities. Staff also filed a Motion Requesting Order Requiring Comments and Securing Tax Effects for Customers as of January 1, 2018 (Motion). In the Motion, staff requested the Commission investigate the effect the TCJA will have on South Dakota utilities and requested the Commission issue an order requiring utilities to submit comments on the effect the TCJA will have on each utility. Additionally, staff requested the Commission issue an order that any adjustment to rates due to the TCJA will be effective on January 1, 2018. On December 29, 2017, the Commission issued an Order Requiring Comments; Order Requiring Rates in Effect January 1, 2018, are Subject to Refund; Order Granting Intervention. On January 29, 2018, NorthWestern Energy submitted initial comments and on February 1, 2018, Black Hills Energy, Montana-Dakota Utilities Co., MidAmerican Energy, Xcel Energy, and Otter Tail Power Co. filed initial comments. On June 29, 2018, Black Hills Energy filed (Docket EL18-029) a proposal to refund the 2018 TCJA customer benefits to ratepayers, reduce rates effective January 1, 2019, for future TCJA tax expense reductions, and revise base rate customer charges. On August 28, 2018, staff and Black Hills Energy filed a Joint Motion for Approval of Settlement Stipulation and Settlement Stipulation. On September 7, 2018, the Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation; Order Approving Settlement Stipulation. On December 14, 2018, Black Hills Energy submitted a compliance filing regarding 2019 base rate reductions, including revised tariff pages.
TODAY, shall the Commission approve Black Hills Energy’s revised rates and associated tariff revisions on less than 30 days’ notice with an effective date of January 1, 2019?
3. EL18-045 In the Matter of the Application of Flying Cow Wind, LLC for a Facility Permit to Construct a 345 kV Transmission Line and Associated Facilities in Deuel County (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
On October 24, 2018, the Commission received an Application for a facility permit from Flying Cow Wind, LLC, a wholly-owned subsidiary of Roaring Fork Wind, LLC, to construct an approximately 10.42-mile 345 kV overhead transmission line, a substation, and associated facilities (Project) in Deuel County, South Dakota. The starting point for the Project is proposed to be located in Government Lot 2 of Section 34 in Township 114N, Range 47W, Norden Township. The ending point will be in the NW ¼ of Section 22, Township 113N, Range 48 West, Scandinavia Township. The Project is expected to be in service by the third quarter of 2020. FCW estimates the total construction cost of the proposed Project to be approximately $19.85 million. The deadline for filing applications of party status is December 26, 2018.
TODAY, shall the Commission grant party status to those who may have filed?
4. EL18-046 In the Matter of the Application of Dakota Range III, LLC for a Permit of a Wind Energy Facility and a 345-kV Transmission Line in Grant and Roberts Counties (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorney: Amanda Reiss)
On October 26, 2018, Dakota Range III, LLC (Dakota Range) filed an application to construct an approximately 8-mile 345-kilovolt interconnection transmission line and an up to 151.2-megawatt wind energy conversion facility (Project). The Project will be in Grant County and Roberts County, South Dakota, with the wind portion in an 18,717-acre area. The transmission line will run from the Project’s substation located in section 13 of Blooming Valley Township, outside the public right of way along 455th Avenue, turning east on Farmington Township’s 159th Street to the Ottertail Power Company switchyard located in section 14 of Mazeppa Township. The Project is expected to be in service by December 31, 2020, with a total of up to 42 wind turbines and associated facilities. Dakota Range estimates the total cost of the proposed Project to be approximately $200 million. On December 20, 2018, Commission staff filed a Motion for Procedural Schedule. The deadline for filing applications for party status is December 26, 2018.
TODAY, shall the Commission grant party status to those who may have filed? AND, shall the Commission grant the motion and adopt a procedural schedule?
5. EL18-050 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions regarding Updates to Standard Residential Bill Form (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
On November 27, 2018, MidAmerican Energy Company (MidAmerican) filed a Petition for approval of revisions in Section 6 – Sample Forms to reflect a revised bill design to the Standard Residential Bill Form. The company requests an effective date of December 31, 2018, for the proposed tariff revisions.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of December 31, 2018?
6. EL18-054 In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Central Electric Cooperative, Inc. and NorthWestern Corporation dba NorthWestern Energy. (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
On December 5, 2018, Commission staff (staff) filed an Electric Service Territory Boundary Agreement between Central Electric Cooperative, Inc. and NorthWestern Corporation dba NorthWestern Energy. A subsequent revision was filed on December 10, 2018. This filing is made pursuant to current efforts of the Commission to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information. Staff asks for approval of the agreement to update official mapping data to properly reflect the service territory boundaries shared by the utilities in this docket.
TODAY, shall the Commission approve the proposed electric service territory boundary agreement?
7. EL18-055 In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Otter Tail Power Company and Whetstone Valley Electric Cooperative Inc. (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
On December 7, 2018, Commission staff (staff) filed an Electric Service Territory Boundary Agreement between Otter Tail Power Company and Whetstone Valley Electric Cooperative Inc. This filing is made pursuant to current efforts of the Commission to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information. Staff asks for approval of the agreement to update official mapping data to properly reflect the service territory boundaries shared by the utilities in this docket.
TODAY, shall the Commission approve the proposed electric service territory boundary agreement?
8. EL18-056 In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Montana-Dakota Utilities Co. and Grand Electric Cooperative, Inc. (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
On December 7, 2018, Commission staff (staff) filed an Electric Service Territory Boundary Agreement between Montana-Dakota Utilities Co. and Grand Electric Cooperative, Inc. This filing is made pursuant to current efforts of the Commission to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information. Staff asks for approval of the agreement to update official mapping data to properly reflect the service territory boundaries shared by the utilities in this docket.
TODAY, shall the Commission approve the proposed electric service territory boundary agreement?
9. EL18-059 In the Matter of Lookout Solar Park I, LLC for a Permit of a Solar Energy Facility in Oglala Lakota County (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorney: Amanda Reiss)
On December 17, 2018, Lookout Solar Park I, LLC (Applicant) filed an application to construct an approximately 110 megawatt (MW) solar energy conversion facility with up to 500,000 solar panels and a 230-kV Substation (Project). In addition, Applicant will construct access roads, a generator step-up transformer an operation and maintenance facility, buried transmission lines, parking areas, and laydown areas for construction. The Project area is on approximately 810 acres of privately owned land on the Pine Ridge Reservation in Oglala Lakota County, South Dakota. The Project area is located approximately 22 miles east of Buffalo Gap, South Dakota, in Township 41 North (T41N), Range 48 West (R48W), Section 36 and the southern portion of Section 35. The Project is located on individually-owned Indian trust land on the Pine Ridge Reservation. The 230 kV Substation will be located on 10 acres of private land located near Cottonwood Cutoff on Section 14 (parcel 003478) in T6S, R8E or in Section 11 (parcel 0034688) in T6S, R8E. The Applicant estimates the solar project would cost approximately $100 million, though project cost could fluctuate as much as 20 percent.
TODAY, shall the Commission assess a filing fee pursuant to SDCL 49-41B-12, not to exceed $250,000 with an initial non-refundable deposit of $8,000? AND, shall the Commission authorize the executive director to enter into necessary consulting contracts?
Gas and Electric
1. GE17-003 In the Matter of Staff’s Request to Investigate the Effects of the Tax Cuts and Jobs Act on South Dakota Utilities (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On December 21, 2017, the Commission received a filing from Commission staff (staff) requesting a docket be opened to investigate the Tax Cuts and Jobs Act on South Dakota utilities. Staff also filed a Motion Requesting Order Requiring Comments and Securing Tax Effects for Customers as of January 1, 2018 (Motion). In the Motion, staff requested the Commission investigate the effect the Tax Cuts and Jobs Act (Act) will have on South Dakota utilities and requested the Commission issue an order requiring utilities to submit comments on the effect the Act will have on each utility. Additionally, staff requested the Commission issue an order that any adjustment to rates due to the Act will be effective on January 1, 2018. On December 29, 2017, the Commission issued an Order Requiring Comments; Order Requiring Rates in Effect January 1, 2018, are Subject to Refund; Order Granting Intervention. On February 1, 2018, Montana-Dakota Utilities Co., a Division of MDU Resources Group (Montana-Dakota) submitted initial comments in the Docket. On September 28, 2018, staff and Montana-Dakota filed a Joint Motion for Approval of Settlement Stipulation and Settlement Stipulation. On October 23, 2018, the Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation Between Staff and Montana-Dakota Utilities Co. On December 3, 2018, Montana-Dakota submitted a compliance filing regarding 2019 base rate reductions, including revised tariff pages.
TODAY, shall the Commission approve Montana-Dakota’s revised rates and associated tariff revisions on less than 30 days’ notice with an effective date of January 1, 2019?
Natural Gas
1. NG18-016 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions regarding Updates to Standard Residential Bill Form (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
On November 27, 2018, MidAmerican Energy Company (MidAmerican) filed a Petition for approval of revisions in Section 6 – Sample Forms to reflect a revised bill design to the Standard Residential Bill Form. The company requests an effective date of December 31, 2018, for the proposed tariff revisions.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of December 31, 2018?
Telecommunications
1. TC18-056 In the Matter of the Application of LCRHUB Inc for a Certificate of Authority to Provide Local Exchange Services in South Dakota (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
On July 23, 2018, the Commission received an Application from LCRHUB Inc (LCRHUB) for a certificate of authority to provide local exchange service in South Dakota. On September 7, 2018, LCRHUB responded to some of Commission staff’s (staff) data requests. On December 20, 2018, staff filed a letter requesting the Commission dismiss the Application without prejudice and requesting the docket be closed.
TODAY, shall the Commission grant staff’s request for to dismiss the Application without prejudice and close the docket?
2. TC18-059 In the Matter of the Petition of RC Technologies for Resolution of Disputed Railroad Crossing Application (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On November 2, 2018, RC Technologies filed a Petition for Resolution of Disputed Railroad Crossing Application pursuant to SDCL 49-16A. The crossing in dispute involves Sunflour Railroad, Inc. SDCL 49-16A-100.7 provides for a resolution within sixty days and requires costs be assessed to the parties. A hearing was noticed for December 11, 2018, but was canceled on December 10, 2018, as the parties had notified Commission staff that the parties had reached an agreement. The sixty-day time frame expires on January 2, 2019.
TODAY, how shall the Commission proceed?
3. TC18-060 In the Matter of the Approval of a Wireline Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Valley Communications, Inc. dba Valley FiberCom for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On December 3, 2019, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of the Wireline Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Valley Communications, Inc. dba Valley FiberCom.
TODAY, shall the Commission approve the interconnection agreement?
4. TC18-061 In the Matter of the Filing by Lingo Communications North, LLC fka Ionex Communications North, LLC dba Birch Communications for Approval of Its Access Services Tariff No. 8 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On December 14, 2018, the Commission received a letter from Ionex Communications North, LLC dba Birch Communications requesting approval of its Switched Access Services Tariff No. 8 to reflect the change of its company name to Lingo Communications North, LLC dba Birch Communications (Birch) as well minor formatting fixes. This Switched Access Services Tariff No. 8 issued by Birch cancels and replaces in its entirety Switched Access Services Tariff No. 7. Birch requests an effective date of December 31, 2018.
TODAY, shall the Commission approve Lingo Communications North, LLC’s Switched Access Services Tariff No. 8?
Items for Commission Discussion
Public Comment
Individuals who wish to make public comments to the commission may do so in person during this time. All who offer public comment are requested to sign in at the commission meeting. Time limits for comments may be determined at the discretion of the chairperson.
Announcements
- The PUC office will be closed December 24-25, 2018, in observance of the Christmas holiday.
- The PUC office will be closed December 31, 2018, and January 1, 2019, in observance of the New Year holiday.
- The next regular commission meeting will be Tuesday, January 8, 2019, at 9:30 a.m. CST in the Floyd Matthew Training Center in the Foss Building, 523 E. Capitol Ave., Pierre, S.D.
- Commission meetings are scheduled for January 18 and February 1, 2019.
/s/Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
PUC Email
December 20, 2018
