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South Dakota Public Utilities Commission Meeting
March 5, 2021, 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, March 4, 2021, 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 Meeting Held on February 19, 2021, and the Ad Hoc Meeting held on February 23, 2021 (Staff: Macy Jo Murren)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC20-051 In the Matter of the Application of Clear Rate Communications, Inc. for a Certificate of Authority to Provide Local Exchange and Interexchange Services in South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On October 5, 2020, Clear Rate Communications Inc. (Clear Rate) filed an application for a Certificate of Authority to provide local exchange services in South Dakota. On December 1, 2020, Clear Rate filed an application for a Certificate of Authority to provide interexchange services. The company does not intend to offer services in rural territories and will not render pre-paid services that require money in advance of services rendered. On February 5, 2021, Clear Rate responded to staff’s data request. On February 25, 2021, Clear Rate filed additional financial information.
TODAY, shall the Commission grant Clear Rate Communications Inc.’s request for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota?
2. TC21-004 In the Matter of Qwest Corporation dba CenturyLink QC’s Petition for Authority to Convert to GAAP Accounting (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On February 1, 2021, the Commission received a Petition from Qwest Corporation dba CenturyLink QC (CenturyLink) requesting to convert their accounting method from Part 32 accounting to GAAP accounting in accordance with ARSD 20:10:27:04. In 2017, the FCC also eliminated the requirement that price cap carriers such as CenturyLink maintain accounts in accordance to Part 32 accounting.
TODAY, shall the Commission grant CenturyLink’s request to convert from Part 32 accounting to GAAP accounting?
3. TC21-005 In the Matter of the Approval of a Type 2 Wireless Interconnection Agreement between Qwest Corporation dba CenturyLink QC and DISH Wireless LLC for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On February 5, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a Type 2 Wireless Interconnection Agreement between Qwest Corporation and DISH Wireless, LLC. On February 9, 2021, an updated agreement was filed.
TODAY, shall the Commission approve the Interconnection Agreement?
4. TC21-006 In the Matter of the Routing of Traffic Through a Third Party Transit Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and DISH Wireless LLC for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On February 8, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a Third-Party Transit Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and DISH Wireless LLC for the State of South Dakota.
TODAY, shall the Commission approve the Amendment to the Interconnection Agreement?
Electric
1. EL19-003 In the Matter of the Application by Crowned Ridge Wind, LLC for a Permit of a Wind Energy Facility in Grant and Codington Counties (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On January 30, 2019, Crowned Ridge Wind, LLC (Crowned Ridge or Applicant) filed an application for a permit to construct a wind energy conversion facility to be located in Grant County and Codington County, South Dakota (Project). Applicant has executed a power purchase agreement with Northern States Power Company (NSP) to sell NSP the full output of the Project. On July 26, 2019, the Commission issued a Final Decision and Order Granting Permit to Construct Facility; Notice of Entry (Permit). On January 9, 2020, the Commission issued an Order Granting Temporary Waiver that approved Crowned Ridge to operate temporarily without low noise trailing edge (LNTE) blade attachments installed on all turbine blades subject to the curtailment of certain turbines and Crowned Ridge conducting post construction noise compliance testing in accordance with Condition 26 of the Permit. On January 15, 2021, Crowned Ridge filed its Sound Level Compliance Evaluation Report. On February 16, 2021, Commission staff (staff) filed a letter and technical report titled Crowned Ridge Wind Final Operational Sound Test Data Review and Assessment (Assessment) completed by staff’s expert witness Mr. David Hessler. At the February 19, 2021, commission meeting, Commissioner Nelson and Commissioner Fiegen requested that Mr. Hessler appear at a future commission meeting to answer questions regarding his Assessment.
TODAY, how shall the Commission proceed?
2. EL21-005 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions regarding Its 2020 Transmission Cost Recovery Reconciliation and 2021 Transmission Cost Recovery Factors (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On February 16, 2021, the Commission received MidAmerican Energy Company’s (MidAmerican) filing for approval of tariff revisions regarding its Transmission Cost Recovery (TCR) 2020 Reconciliation and 2021 New Factor Calculation. MidAmerican’s TCR mechanism was established in the company’s most recent rate case, EL14-072. With this filing, MidAmerican is establishing new TCR rates based on true ups to the actual over/under recovery from 2020, 2021 forecasted MISO transmission expense, and the forecast over/under recovery for January through March of 2021. MidAmerican requests the new TCR factors have an effective date of April 2, 2021.
TODAY, shall the Commission assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date?
Grain Warehouse
1. GW20-002 In the Matter of Kingsburg Grain and Feed, LP (Grain Warehouse Manager: Cody Chambliss; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On February 24, 2020, Commission staff filed a Petition requesting the Commission immediately take action pursuant to SDCL 49-43-5.6 and 49-45-16 on the grain warehouse and grain buyer’s licenses of Kingsburg Grain and Feed, LP (Kingsburg). On March 2, 2020, the Commission issued an Order Approving Surrender of Licenses; Order to Post and Publish Notice; Order Allowing Oversight and Receivership; Order Requiring Updates; Order Requiring Approval of All Transactions. On March 10, 2020, notice was sent to all known customers of Kingsburg. On February 8, 2021, staff filed a Letter Regarding Final Report. In this letter, staff communicated that all producers have now been paid and all other debt of Kingsburg has been settled. Staff requested the Commission close the docket.
TODAY, shall the Commission close this docket?
Pipeline Safety
1. PS20-001 In the Matter of the Filing by Commission Pipeline Safety Staff for Approval of an Agreed Upon Penalty for Pipeline Safety Violations by Northern States Power Company dba Xcel Energy (Pipeline Safety Program Manager: Mary Zanter; Staff Attorney: Kristen Edwards)
On December 15, 2020, staff filed a Request for Imposition of Penalty requesting that the Commission impose a penalty that was agreed upon between staff and Northern States Power Company dba Xcel Energy (Xcel). The penalty was the result of pipeline safety violations noted by staff in recent inspections of Xcel’s South Dakota facilities. Prior to filing the docket, staff and Xcel had come to an agreement on staff’s allegations of violations, as well as on the appropriate penalty amount.
TODAY, shall the Commission find Xcel to have violated pipeline safety regulations? AND, shall the Commission impose the penalty agreed upon between staff and Xcel?
Items for Commission Discussion
Public Comment
Individuals who wish to make public comments to the commission may do so during this time. All who offer public comments are requested to sign in at the commission meeting or let the commission know of their wish to speak when they call in to reserve a phone line. Time limits for comments may be determined at the discretion of the commission.
Announcements
1. Commissioners and staff will meet with representatives of NorthWestern Energy on Wednesday, March 10, 2021, at 1:30 p.m. CST via Zoom videoconference. The agenda is to discuss NorthWestern Energy’s communication and response efforts related to the February extreme cold weather event in South Dakota. Contact the PUC at 605-773-3201 or PUC@state.sd.us by 10:00 a.m. CST, March 10, to reserve a spot to attend this videoconference.
2. The next regular commission meeting will be Tuesday, March 16, 2021, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
3. A public hearing to adopt rules, Docket RM19-001 - In the Matter of the Adoption of Rules Regarding Rate Filing, Energy Facility Plans, Siting Rules, Local Exchange Competition, Telecom Services, Pipeline Safety, and Stray Voltage, will be held Wednesday, March 24, 2021, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
4. Commission meetings are scheduled for April 1 and 13, 2021.
/s/Cindy Kemnitz
Finance Manager
puc@state.sd.us
March 1, 2021
