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South Dakota Public Utilities Commission Meeting
August 18, 2020, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Gary Hanson called the meeting to order. Present were: Commissioner: Chris Nelson Commission Attorney: Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorney: Kristen Edwards; Staff: Kaitlyn Baucom; Darla Rogers, Riter Rogers, LLP representing Venture Communications Cooperative, City of Faith Municipal Telephone Company and South Dakota Network, LLC; Steve Willard, South Dakota Investor Owned Utilities; Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing South Dakota Investor Owned Utilities; Kevin Kouba, Otter Tail Power Company; and Bruce Hanson, Fort Randall Telephone Company.

Joining the meeting by telephone were:  Commissioner: Kristie Fiegen; Commission Attorney: Karen Cremer; Staff Attorney: Amanda Reiss; Staff Analysts: Patrick Steffensen, Eric Paulson, Lorena Reichert, Brittany Mehlhaff, Joseph Rezac, Darren Kearney and Jon Thurber; Consumer Affairs Manager: Deb Gregg; Darin Schottler, Lindsey Churchill, Matt Harris, Robert Sandling, Steve Kolbeck and Nora Lindgren, Northern States Power Company dba Xcel Energy; Cathy Sabers, Kyle White and Todd Brink, Black Hills Power dba Black Hills Energy; Bill Taylor, Taylor Law Firm, LLC representing Energy of Utah, LLC and Fall River Solar, LLC; Harvey Oliver, Northern Electric Cooperative, Inc.; Chad Felderman, Dakota Energy Cooperative, Inc; Pete Beithon, Otter Tail Power Company; Travis Jacobson, Montana-Dakota Utilities Company; Dan Dana, Gretta Knight, Amanda Hosch and Katelyn Lynch-Butcher, MidAmerican Energy Company; Kurt Kaeris, Steve Meyer and Laura Julius; Brookings Municipal Utilities dba Swiftel Communications; Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP, representing Brookings Municipal Utilities dba Swiftel Communications and City of Brookings Municipal Telephone; Ryan Thompson, Santel Communications Cooperative Inc.; Randy Houdek and Janelle Jessen, Venture Communications Cooperative; Todd Hansen, Beresford Municipal Telephone; Debbie Brown, City of Faith Municipal Telephone Company; Nancy Johnson, South Dakota Network, LLC; Colgan Huber and Eric Kahler, West River Cooperative Telephone Company; Jason Topp, CenturyLink; Pam Bonrud, NorthWestern Energy Company; and  Marlene Bennett, Consortia Consulting representing Beresford Municipal Telephone, City of Faith Municipal Telephone Company and South Dakota Network, LLC.

 

Consumer Reports

1.      Status Report on Consumer Utility Inquiries (Staff Attorney: Deb Gregg)

         The Commission received a total of 51 contacts since the last report was prepared for the August 4, 2020, Commission meeting.

         Five contacts were related to telecommunication services, 21 contacts were related to electrical services, four contacts were related to natural gas service, one contact was related to gas and electric service, eight contacts were related to wireless service, three contacts were related to the Do Not Call Registry, one contact was related to wind energy, one contact was related to the Keystone XL Pipeline and seven contacts were related to issues not regulated by the PUC.

          703 of the 718 contacts received in 2020 have been resolved.

Telecommunications

1.      In the Matter of Request for Approval of an Unbundled Network Elements – Resale Forbearance Amendment to the Interconnection Agreement in Dockets TC20-043, TC20-044, TC20-045 and TC20-046
         
          TC20-043        In the Matter of the Approval of an Unbundled Network Elements – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and FiberComm, L.C. (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
      
         Mr. Jason Topp, Qwest Corporation dba CenturyLink QC asked that the Commission approve the amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and FiberComm, L.C. Ms. Kristen Edwards, staff attorney, recommended that the Commission grant approval.
         
          TC20-044        In the Matter of the Approval of an Unbundled Network Elements – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and CenturyLink Communications, LLC (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

          Mr. Jason Topp, Qwest Corporation dba CenturyLink QC asked that the Commission approve the amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC CenturyLink Communications, LLC. Ms. Kristen Edwards, staff attorney, recommended that the Commission grant approval.
         
          TC20-045        In the Matter of the Approval of an Unbundled Network Elements – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Level 3 Communications, LLC (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
         
          Mr. Jason Topp, Qwest Corporation dba CenturyLink QC asked that the Commission approve the amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Level 3 Communications, LLC. Ms. Kristen Edwards, staff attorney, recommended that the Commission grant approval.
         
          TC20-046        In the Matter of the Approval of an Unbundled Network Elements – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Midcontinent Communications (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

          Mr. Jason Topp, Qwest Corporation dba CenturyLink QC asked that the Commission approve the amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Midcontinent Communications. Ms. Kristen Edwards, staff attorney, recommended that the Commission grant approval.

          Commissioner Nelson moved to approve the amendment to the interconnection agreement in dockets TC20-043, TC20-044, TC20-045 and TC20-046.  Motion carried 3-0.

2.      In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC20-010, TC20-011, TC20-013, TC20-014, TC20-015, TC20-023, TC20-027 and TC20-035
       
         TC20-010        In the Matter of the Request of City of Brookings Municipal Telephone for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391650) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)

          Ms. Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP, representing the City of Brookings Municipal Telephone (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant the Company’s request.
         
          TC20-011        In the Matter of the Request of Brookings Municipal Utilities dba Swiftel Communications for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399009) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)

          Ms. Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP, representing Brookings Municipal Utilities dba Swiftel Communications (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant the Company’s request.

          TC20-013        In the Matter of the Request of Santel Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391676) (Staff Analyst: Lorena Reichert; Commission Attorney: Adam de Hueck)
       
          Mr. Ryan Thompson, Santel Communications Cooperative Inc. (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request.
         
         TC20-014        In the Matter of the Request of Venture Communications Cooperative for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391680) (Staff Analyst: Lorena Reichert; Commission Attorney: Adam de Hueck)

          Ms. Darla Pollman Rogers, Riter Rogers, LLP representing Venture Communications Cooperative, Inc. (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request.
         
          TC20-015        In the Matter of the Request of Beresford Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391649) (Staff Analyst: Eric Paulson; Commission Attorney: Adam de Hueck)

          Ms. Marlene Bennett, Consortia Consulting, representing Beresford Municipal Telephone Company (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Eric Paulson, staff analyst, recommended that the Commission grant the Company’s request.
         
          TC20-023        In the Matter of the Request of Fort Randall Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391660) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
        
          Mr. Bruce Hanson, Fort Randall Telephone Company,(Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant the Company’s request.
         
          TC20-027        In the Matter of the Request of City of Faith Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391653) (Staff Analyst: Lorena Reichert; Commission Attorney: Karen Cremer)
        
          Ms. Darla Pollman Rogers, Riter Rogers, LLP representing City of Faith Municipal Telephone Company (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request.
         
          TC20-035        In the Matter of the Request of West River Cooperative Telephone Company Certification Regarding Its Use of Federal Universal Service Support (Study Area 391689) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
           
          Mr. Colgan Huber, West River Cooperative Telephone Company (Company), asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Patrick Steffensen, staff analyst, recommended that the Commission grant the Company’s request.

          Commissioner Fiegen moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in dockets TC20-010, TC20-011, TC20-013, TC20-014, TC20-015, TC20-023, TC20-027 and TC20-035.  Motion carried 3-0.

3.      TC20-029        In the Matter of the Application by South Dakota Network, LLC for Approval of Waiver of Switched Access Cost Study (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

          Ms. Darla Pollman Rogers, Riter Rogers, LLP representing South Dakota Network, LLC (SDN), asked that the Commission approve SDN’s Waiver of Switched Access Cost Study. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the waiver.

         Commissioner Hanson moved to approve the Waiver of the Switched Access Cost Study until such time as the Commission may otherwise order. Motion carried 3-0.

Electric

1.      EL18-003        In the Matter of the Application by Dakota Range I, LLC and Dakota Range II, LLC for a Permit of a Wind Energy Facility in Grant County and Codington County, South Dakota, for the Dakota Range Wind Project (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards; Amanda Reiss)

          Mr. Matt Harris, Northern States Power Company dba Xcel Energy (Xcel), asked that the Commission grant the request for a turbine model change. Mr. Darren Kearney, staff analyst, had no concerns with the change in the turbine model for the eight wind turbines and recommended granting Xcel’s request.

          Commissioner Nelson moved to find that Xcel’s request to change turbine models is a material change reviewable under Condition 24 of the Permit which allows for the exemption of a condition, in this case Condition 2, and that the Commission hereby approves the change in the turbine models.   Motion carried 3-0.

2.      EL18-038        In the Matter of the Complaint of Energy of Utah, LLC and Fall River Solar, LLC Against Black Hills Power Inc. dba Black Hills Energy for Determination of Avoided Cost (Staff Analysts: Jon Thurber, Darren Kearney, Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

          Mr. Bill Taylor, Taylor Law Firm, LLC representing of Energy of Utah, LLC and Fall River Solar, LLC, asked that the Commission approve the Settlement Stipulation. Ms. Cathy Sabers, Black Hills Power dba Black Hills Energy, agreed with Energy of Utah, LLC and Fall River Solar, LLC’s request. Ms. Kristen Edwards, staff attorney, recommended that the Commission grant the Joint Motion for Approval of Settlement Stipulation and adopt the Settlement Stipulation without modification.

          Commissioner Hanson moved to grant the Joint Motion for Approval of Settlement Stipulation and approve the Settlement Stipulation in its entirety without condition or modification. Motion carried 3-0.

3.      EL20-023        In the Matter of the Joint Request for an Electric Service Rights Exception between Northern Electric Cooperative, Inc. and Dakota Energy Cooperative, Inc. (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

          Mr. Harvey Oliver, Northern Electric Cooperative, Inc., asked that the Commission grant the electric service rights exception. Mr. Chad Felderman, Dakota Energy Cooperative, Inc., agreed with Northern Electric Cooperative, Inc.’s request. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission grant the request. 

          Commissioner Fiegen moved to grant the requested service rights exception agreement between Northern Electric Cooperative, Inc. and Dakota Energy Cooperative, Inc. Motion carried 3-0.


Gas and Electric

1.      GE20-002       In the Matter of Investor Owned Utilities’ Joint Request for Deferred Treatment of the Financial Effects of COVID-19 and the Creation of Regulatory Assets (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson; Staff Attorney: Kristen Edwards)

          A lengthy discussion took place for docket GE20-002. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2020, August 18, 2020, recording located at: https://puc.sd.gov/commission/media/2020/puc08182020.mp3

          Commissioner Hanson moved to grant the joint request for deferred accounting treatment of incremental costs incurred associated with the response to COVID-19 and the creation of associated regulatory assets beginning March 13, 2020, subject to the conditions found in Staff’s memorandum. Motion carried 3-0.


Natural Gas

1.      NG20-006       In the Matter of the Filing by MidAmerican Energy Company for Renewal of a Contract with Deviations with the University of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

          Ms. Katelyn Lynch-Butcher, MidAmerican Energy Company, asked that the Commission approve MidAmerican Energy Company’s renewal of a contract with deviations with the University of South Dakota. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve the request.

          Commissioner Hanson moved to approve MidAmerican Energy Company’s request to update the expiration date for its Contract with Deviations with the University of South Dakota to June 30, 2021, and approve the associated tariff revisions with an effective date of August 30, 2020. Motion carried 3-0.

There being no further business, at the hour of 11:22 a.m., the South Dakota Public Utilities Commission meeting adjourned.    

/s/Macy Jo Murren_______
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
August 18, 2020