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South Dakota Public Utilities Commission Meeting
November 8, 2022, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Commissioner Chris Nelson called the meeting to order. Present were Commission Attorneys Karen Cremer and Adam de Hueck; Staff Attorneys Kristen Edwards and Amanda Reiss; Staff Analysts Eric Paulson, Darren Kearney and Joseph Rezac; Consumer Affairs Staff Deb Gregg and Staff Mikayla Frick.

Also present were Ellie Bailey, South Dakota Rural Electric Association, and Steve Kolbeck, Xcel Energy.

Joining the meeting by telephone were Commissioners Kristie Fiegen and Gary Hanson; Staff Analyst Jon Thurber; Carey Roesel, Inteserra Consulting Group representing Clear Rate Communications LLC; Jason Keil and Erik Lundeen, Black Hills Energy; Pam Bonrud, Paul Mantz, Dan Rausch, Cindy Fang, Kelli Schermerhorn and Jeff Decker, NorthWestern Energy; Jason Grenier, Otter Tail Power Company; Darcy Neigum, Montana-Dakota Utilities Co.; Gretchen Kraemer, MidAmerican Energy Company; Mal Skowron, ChargePoint Inc.; Ryan Haac, RSG, representing Xcel Energy; Patrick Flowers and Mark Gerlach, Xcel Energy; Amber Christenson; David Hessler, Hessler Associates, representing PUC Staff; Chris Larson, Clay-Union Electric, Inc.; and Jay Spaans, Douglas Electric, and John Euchner, Southeastern Electric Cooperative.

(Note): For the purpose of continuity, these minutes match the agenda and are not necessarily in chronological order.

Consumer Reports

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

         The Commission received a total of 37 contacts since the last report was prepared for the October 27, 2022, Commission meeting.

         Eight contacts were related to telecommunications services, nine contacts were related to electric services, one contact was related to natural gas services, four contacts were related to wireless services, two contacts were related to the Do Not Call Registry, four contacts were related to carbon pipelines, one contact was related to wind energy and eight contacts were related to issues not regulated by the PUC.

         1,435 of the 1,453 contacts received in 2022 have been resolved.

Telecommunications

1       TC22-056        In the Matter of the Filing of Clear Rate Communications, LLC for Approval of Revisions to Its Access Service Tariff (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

         Mr. Carey Roesel, Inteserra Consulting Group, representing Clear Rate Communications LLC, requested the Commission approve the tariff revisions. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request with an effective date of October 19, 2022.

         Commissioner Fiegen moved to approve the tariff revisions with an effective date of October 19, 2022. Motion carried 3-0.

Administration

1.      AA22-002       In the Matter of the South Dakota Public Utilities Commission, Electrification of Transportation Investigation (Commission Counsel: Adam de Hueck)

         A lengthy discussion took place for docket AA22-002. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, November 8, 2022, recording located at https://puc.sd.gov/commission/media/2022/puc11082022.mp3.

         Commissioner Nelson moved to place the responsibility on each regulated public utility to bring forth any tariff changes that would meet the needs of their customers as it relates to electrification of transportation. Motion carried 3-0.

2.      AA22-003       In the Matter of the South Dakota Public Utilities Commission, Demand Response Investigation (Commission Counsel: Adam de Hueck)

         Commissioner Nelson moved that each public utility can propose, recommend, and bring forth tariff changes related to demand-response and demand flexibility practices by commercial, residential, and industrial customers to reduce electricity consumption during periods of unusually high demand to the Commission for consideration and approval if deemed prudent to their customers. Motion carried 3-0.

Electric

1.      EL19-027        In the Matter of the Application by Crowned Ridge Wind II, LLC for a Permit of a Wind Energy Facility in Deuel, Grant and Codington Counties (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)

         Mr. Ryan Haac, RSG, representing Xcel Energy, requested the Commission approve the Crowned Ridge Wind II – Complaint Sound Monitoring Protocol. Ms. Amber Christenson, Intervenor, asked questions. Mr. Darren Kearney, staff analyst, recommended the Commission approve Xcel Energy’s request.

         Commissioner Nelson moved to approve the Crowned Ridge Wind II – Complaint Sound Monitoring Protocol. Motion carried 3-0.

2.      EL22-028        In the Matter of the Joint Request for Approval of an Electric Service Agreement between NorthWestern Corporation dba NorthWestern Energy and Clay-Union Electric, Inc. (Staff Analyst: Joseph Rezac, Staff Attorney: Kristen Edwards)

         Mr. Jeff Decker, NorthWestern Energy, and Mr. Chris Larson, Clay-Union Electric, Inc., requested the Commission approve the agreement between NorthWestern Energy and Clay-Union Electric, Inc. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the request.

         Commissioner Hanson moved to memorialize the territory boundary between NorthWestern and Clay-Union to reflect the details in the filed agreement. Motion carried 3-0.

3.      EL22-030        In the Matter of the Joint Request for Service Rights Exception between Douglas Electric Cooperative, Inc. and Southeastern Electric Cooperative, Inc. (Staff Analyst: Joseph Rezac, Staff Attorney: Kristen Edwards)

         Mr. John Euchner, Southeastern Electric Cooperative, and Mr. Jay Spaans, Douglas Electric, requested the Commission approve the agreement between Douglas Electric Cooperative, Inc. and Southeastern Electric Cooperative, Inc. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the request.

         Commissioner Fiegen moved to approve the Service Rights Exception Agreement between Douglas Electric Cooperative, Inc. and Southeastern Electric Cooperative, Inc. Motion carried 3-0.

There being no further business, at the hour of 10:28 a.m., the South Dakota Public Utilities Commission meeting adjourned.

  /s/ Leah Mohr                 .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
November 8, 2022