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South Dakota Public Utilities Commission Meeting
March 15, 2022, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF COMMISSION HEARING
Commissioner Chris Nelson called the meeting to order. Present were Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorney: Kristen Edwards; Staff Analysts: Brittany Mehlhaff, Eric Paulson and Darren Kearney; Consumer Affairs Staff: Deb Gregg; Staff: Juli Hedrick.
Present were: Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing Montana-Dakota Utilities Co.; William Taylor, The Taylor Law Firm, and James Moore, Woods, Fuller, Shultz & Smith P.C., representing TransCanada Keystone Pipeline, LP; Kara Semmler and Darla Pollman-Rogers, representing South Dakota Telecommunications Association; Randy Houdek, Venture Communications Cooperative; Bob Mercer, KELOland; and John Schmidt.
Joining the meeting by telephone were Commissioners: Kristie Fiegen and Gary Hanson; Staff Attorney: Amanda Reiss; Staff Analysts: Joseph Rezac and Jon Thurber; Katelyn Lynch-Butcher, Andrew McGrean, Diane Votino and Renee White, MidAmerican Energy Company; Sarah Metcalf, South Dakota Public Liaison Officer; Jodie Grimshaw, Clear Rate Communication, LLC.; Jason Topp, Qwest Corp dba CenturyLink QC; Curt Kabris, Steve Meyer and Laura Julius, City of Brookings Municipal Telephone; Doug Eidhal, Vantage Point Solutions, representing City of Brookings Municipal Telephone; Patrick Mastel, Midcontinent Communications; J.G. Harrington, Cooley LLP, representing Midcontinent Communications; Josh Wurgler, Bantz, Gosh, & Cremer LLC, representing James Valley Cooperative Telephone Company.
Consumer Reports
- Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 45 contacts since the last report was prepared for the March 4, 2022, Commission meeting.
Four contacts were related to telecommunications services, 10 contacts were related to electric services, four contacts were related to wireless services, one contact was related to the Do Not Call Registry, one contact was related to wind energy, 13 contacts were related to carbon pipelines, three contacts were related to the Keystone XL Pipeline and nine contacts were related to issues not regulated by the PUC.
335 of the 345 contacts received in 2022 have been resolved.
Electric
1. EL22-003 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions regarding its 2021 Transmission Cost Recovery Reconciliation and 2022 Transmission Cost Recovery Factors (Staff Analyst: Brittany Mehlhaff, Staff Attorney: Amanda Reiss)
Ms. Katelyn Lynch-Butcher, MidAmerican Energy Company, requested the Commission approve the tariff revisions regarding its 2021 Transmission Cost Recovery Reconciliation and 2022 Transmission Cost Recovery Factors with an effective date of April 1, 2022. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the company’s request and assess a filing fee in the amount of up to $50,000 commencing from the filing date.
Commissioner Fiegen moved to approve the tariff revisions and TCR rate factors with an effective date of April 1, 2022, and assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred commencing from the filing date. Motion carried 3-0.
2. EL22-004 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions to Its Rate SAL - Street and Area Lighting Tariff (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Ms. Katelyn Lynch-Butcher, MidAmerican Energy Company, requested the Commission approve the tariff revisions with an effective date of March 22, 2022. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the company’s request.
Commissioner Hanson moved to approve the tariff revisions with an effective date of March 22, 2022. Motion carried 3-0.
3. EL22-006 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Transmission Cost Recovery Rider Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, recommended the Commission assess a filing fee in the amount of up to $50,000 to account for actual expenses. Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing MDU did not object to the filing fee.
Commissioner Nelson moved to assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred. Motion carried 3-0.
4. EL22-007 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Infrastructure Rider Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, recommended the Commission assess a filing fee in the amount of up to $250,000 to account for actual expenses. Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing MDU did not object to the filing fee.
Commissioner Fiegen moved to assess a filing fee in the amount of up to $ 50,000 to account for actual expenses incurred. Motion carried 3-0.
Hydrocarbon Pipeline
1. HP09-001 In the Matter of the Application by TransCanada Keystone Pipeline, LP for a Permit under the South Dakota Energy Conversion and Transmission Facility Act to Construct the Keystone XL Project. (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)
Mr. William Taylor, representing TransCanada Keystone Pipeline, LP (Applicant) requested the Commission release Applicant’s Road Bond, grant removal of the Public Liaison Officer, and accept the final reporting thereby terminating Applicant’s reporting obligations. Staff analyst Darren Kearney stated staff had no concerns should the Commission grant Applicant’s requests. No other party appeared.
Commissioner Hanson moved to approve the release of the Applicant’s Road Bond, grant removal of the Public Liaison Officer, and terminate Applicant’s reporting obligations. Motion carried 3-0.
Telecommunications
1. TC21-126 In the Matter of the Filing by Clear Rate Communications, LLC for Approval of Its Access Services Tariff No. 1 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards).
Ms. Jodie Grimshaw, Clear Rate Communications LLC, requested the Commission approve the company’s proposed Access Service Tariff No. 1. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request with an effective date of March 15, 2022.
Commissioner Fiegen moved to approve the proposed Access Service Tariff No. 1 with an effective date of March 15, 2022. Motion carried 3-0.
2. TC22-003 In the Matter of the Approval of the LIS Facility PVU Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Level 3 Communications, LLC (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), requested the Commission approve the amendment to the Interconnection Agreement between CenturyLink and Level 3 Communications. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the company’s request.
Commissioner Nelson moved to approve the amendment to the Interconnection Agreement between CenturyLink and Level 3 Communications. Motion carried 3-0.
3. TC22-004 In the Matter of the Approval of the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Simwood Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), requested the Commission approve the Interconnection Agreement between CenturyLink and Simwood Inc. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the company’s request.
Commissioner Nelson moved to approve the Interconnection Agreement between CenturyLink and Simwood. Motion carried 3-0.
4. TC22-006 In the Matter of the Approval of the Interconnection Agreement between Brookings Municipal Utilities dba Swiftel Communications and T-Mobile USA, INC. (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Doug Eidhal, Vantage Point Solutions, representing City of Brookings Municipal Utilities dba Swiftel, requested the Commission approve the Interconnection Agreement between Brookings Municipal Utilities dba Swiftel Communications and T-Mobile USA, INC. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request.
Commissioner Fiegen moved to approve the Interconnection Agreement between Brooking Municipal Utilities dba Swiftel Communications and T-Mobile USA, INC. Motion carried 3-0.
5. TC21-124 In the Matter of the Approval of the Petition for Arbitration of an Interconnection Agreement Between Midcontinent Communications and James Valley Cooperative Telephone Company (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Each party to this docket was present and presented oral argument on the bifurcated issue – Whether Midcontinent Communications must obtain a Certificate of Authority to provide the services described in its proposed interconnection agreement. Following oral argument, a lengthy discussion took place for docket TC21-124. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, March 15, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc03152022.mp3
Commissioner Nelson moved to answer the bifurcated question in the affirmative. Motion carried 3-0.
At this time, Commissioner Fiegen left the meeting due to her recusal from the Summit Carbon Pipeline Docket HP22-001.
Items for Commission Discussion
Commissioners Nelson and Hanson, Staff, and Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing SCS Carbon Transport LLC, discussed landowner notification in Docket HP22-001. A lengthy discussion took place. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, March 15, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc03152022.mp3
Public Comment
Mr. John Schmidt made public comments regarding carbon capture.
There being no further business, at the hour of 11:50 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
March 15, 2022
