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South Dakota Public Utilities Commission Meeting
March 14, 2017, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 by 5 p.m. CDT on March 13, 2017. Lines are limited and are given out 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 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 web cast 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 28, 2017 (Staff: Joy Lashley)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
1. EL16-021 In the Matter of the Complaint by Consolidated Edison Development, Inc. against NorthWestern Corporation dba NorthWestern Energy for Establishing a Purchase Power Agreement (Staff Analysts: Jon Thurber, Darren Kearney, Joseph Rezac; Staff Attorneys: Amanda Reiss, Kristen Edwards)
On June 23, 2016, Juhl Energy, Inc. (Juhl) filed a Complaint seeking resolution of a dispute with NorthWestern Corporation dba NorthWestern Energy (NorthWestern) regarding the proper avoided cost for a long-term electric power purchase agreement. On August 4, 2016, the Parties filed a Joint Request for a Procedural Schedule. At its regularly scheduled meeting on August 16, 2016, the Commission established a Procedural Schedule. On October 24, 2016, Juhl submitted a request for Confidential Treatment of responses to NorthWestern Energy Discovery Requests 1-29 and 1-31. On February 1, 2016, Consolidated Edison Development, Inc. filed a Notice of Appearance and Motion to Amend Complaint based on Consolidated Edison Development, Inc.’s acquisition of Juhl Energy Inc.’s interest in the three wind energy projects that are the subject of this docket. At its regularly scheduled meeting on February 10, 2017, the Commission granted Consolidated Edison Development’s motion to amend its complaint. On February 21, 2017, Consolidated Edison Development filed a motion In Limine to exclude the rebuttal testimony of Autumn Mueller and Luke P. Hansen. On February 27, 2017, Consolidated Edison Development filed motions In Limine to prohibit PUC Staff from offering portions of the pre-filed testimony of Ms. Maini and Mr. Thurber and to prohibit NWE from offering portions of the pre-filed testimony of Mr. LaFave.
TODAY, shall the Commission grant Consolidated Edison Development’s Motions In Limine?
2. EL16-042 In the Matter of Black Hills Power, Inc. dba Black Hills Energy’s Application for Adjustment in its Cogeneration and Small Power Production Service Simultaneous Net Billing Generation Credit Rate(s) (Staff Analysts: Patrick Steffensen, Joseph Rezac; Staff Attorney: Amanda Reiss)
On December 30, 2016, Black Hills Power, Inc. dba Black Hills Energy (BHE) filed a request for approval of an adjustment to its Cogeneration and Small Power Production Service Simultaneous Net Billing Generation Credit Rate(s). This filing updates this generation credit rate based on BHE’s current avoided costs. BHE requests an effective date of March 1, 2017. On February 13, 2017, Richard A. Bell, PE, CEM filed a Petition to Intervene and requested a 90-day extension of this matter. At its regularly scheduled meeting on February 28, 2017, the Commission granted intervention and the 90-day extension to Mr. Bell. On March 3, 2017, Mr. Bell filed a request for access to the Confidential Information contained in this docket in accordance with ARSD 20:10:01:43 and for the Commission to place a hold on the approved 90-day extension until the confidentiality treatment of this information is determined. On March 3, 2017, BHE filed a Petition for Confidential Treatment of Information and Exhibit A – Non-Disclosure Agreement.
TODAY, shall the Commission grant Mr. Bell’s request for access to the Confidential Information contained in this docket? AND, shall the Commission place a hold on the approved 90-day extension until the confidentiality treatment of this information is determined? OR, shall the Commission grant BHP’s Request for Confidential Treatment? OR, how shall the Commission proceed?
3. EL17-004 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of its Petition of Changes to the Street Lighting Energy Service Tariff to Include New Installations in the Customer-Owned Light Emitting Diode (LED) Street Lighting Rate (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On January 31, 2017, the Commission received a filing from Northern States Power Company dba Xcel Energy (Xcel) for approval of its petition for changes to the street lighting energy service tariff for customer-owned Light Emitting Diode (LED) Street Lighting Rate. This petition revises the construction sunset date for non-metered, customer-owned LED street lighting. On February 21, 2017, Xcel responded to Staff’s data request. Xcel requests an effective date of January 1, 2016.
TODAY, shall the Commission approve Xcel’s tariff revisions?
4. EL17-010 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of the Annual Update to Its Infrastructure Rider Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On March 1, 2017, the Commission received a petition from Montana-Dakota Utilities Co. (MDU) for approval of the annual update to its Infrastructure Rider Rate, pursuant to the terms of the Company’s Infrastructure Rider Rate 56 tariff. MDU is proposing to continue charging the existing tariff rate of $0.00497 per Kwh for the rate period covered by this filing. Under the Infrastructure Rider Rate 56 tariff, MDU shall update the Infrastructure Rider annually to be effective each May 1.
TODAY, shall the Commission assess a filing fee in the amount of up to $250,000 to account for actual expenses incurred in review of this filing commencing from the filing date?
5. EL17-011 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of the Annual Update to its Transmission Cost Recovery Rider Rate (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On March 2, 2017, Montana-Dakota Utilities Co. (MDU) filed for approval of its annual update to its Transmission Cost Recovery (TCR) Rider. MDU’s TCR rate has been adjusted to reflect the projected charges for 2017 assessed to MDU for transmission service provided by the Midcontinent Independent System Operator (MISO) and Southwest Power Pool (SPP), along with projected revenues and/or credits received by MDU for transmission related services. MDU proposes a TCR rate of $0.0045 per kWh effective May 2, 2017.
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?
Gas and Electric
1. GE16-006 In the Matter of the Request by Inter-Lakes Community Action Partnership for a Variance from the Individual Metering Requirement in ARSD 20:10:26:03 for Three Multi-Family Facilities in Sioux Falls, South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On December 22, 2016, the Commission received a filing from Inter-Lakes Community Action Partnership. This filing is for approval of a variance from the individual metering requirements in ARSD 20:10:26:03. On January 5, 2017, a Gas & Electric docket was created to take the place of the originally created electric docket.
TODAY, shall the Commission grant the Master Metering Variance request to Inter-Lakes Community Action Partnership?
Telecommunications
1. TC13-026 In the Matter of Study Area Boundaries for Incumbent Local Exchange Carriers (Staff Analysts: Darren Kearney, Lorena Reichert; Staff Attorney: Kristen Edwards)
In orders released by the Federal Communications Commission's (FCC) Wireline Competition Bureau, the FCC requires the submission of study area boundary data to be used as part of the implementation of certain universal service reforms adopted by the FCC. Further, the FCC concluded that state commissions may certify to the accuracy of study area boundary data and submit it on behalf of incumbent local exchange carriers (ILECs) operating in their states. The South Dakota Public Utilities Commission (Commission) opened docket TC13-026 to address the study area boundary submittal required by the FCC. At its April 9, 2013, meeting, the Commission unanimously voted that it shall provide the certification of study area boundary data to the FCC for all ILECs located in South Dakota. On January 9, 2014, the FCC issued an Order requiring study area boundary filers to “review and recertify their study area boundary data every two years and provide updated data when study area boundaries change.” On March 19, 2014, the Commission issued an order delegating to Staff the authority to certify study area boundaries with certain exceptions, one of which is the commission will biannually certify the study area boundaries. The Commission last certified the study area boundaries in December of 2015 and, therefore, Commission certification is required for 2017. Since the last certification made by the Commission, Staff is aware of one boundary change (docket TC16-059) that should be submitted to the FCC by March 15, 2017.
TODAY, shall the Commission certify the current study area boundaries, as described by Staff? Or how shall the Commission proceed?
2. TC17-004 In the Matter of the Application of Nebraska Technology & Telecommunications, Inc. for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On February 3, 2017, the Commission received a filing from Nebraska Technology & Telecommunications, Inc. (NT&T) for a Certificate of Authority to provide local exchange and interexchange long distance services in South Dakota. NT&T intends to provide local exchange services in the non-rural areas of CenturyLink’s areas. On February 23, 2017, NT&T responded to Staff’s data request.
TODAY, shall the Commission grant Nebraska Technology & Telecommunications, Inc.’s request for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota?
3. TC17-005 In the Matter of the Application of Midcontinent Communications for an Amended Certificate of Authority and for a Waiver of ARSD 20:10:32:15 (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On February 10, 2017, Midcontinent Communications (Midcontinent) filed an Application for an Amended Certificate of Authority. In this application, Midcontinent seeks to provide local exchange services in the rural exchange area of Ipswich. On February 24, 2017, South Dakota Telecommunications Association filed a Petition to Intervene. On February 28, 2017, Valley Telecommunications Cooperative Association filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to any party that may have filed?
4. TC17-007 In the Matter of the Approval of a Wireline Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Nebraska Technology and Telecommunications Inc. (Staff Analyst: Lorena Reichert; Staff Attorney: Kristen Edwards)
On February 22, 2017, 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 Nebraska Technology and Telecommunications Inc.
TODAY, shall the Commission approve the Interconnection Agreement?
Items for Commission Discussion
1. In Docket No. TC12-125, the Commission approved Budget PrePay, Inc. dba Budget Mobile (Budget) for designation as a lifeline-only eligible telecommunications carrier (ETC) in non-rural areas. In recent weeks, the Commission’s Consumer Affairs Division has received several calls from potential customers who have been refused applications for new lifeline service. These customers were told that Budget no longer offers service in South Dakota. Budget has not filed to relinquish its ETC designation. Staff is of the understanding that Budget no longer contracts with Verizon and T-Mobile and, therefore, only resells the services of Sprint.
Announcements
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Commissioners and Staff will meet with representatives of Black Hills Energy on Monday, March 13, 2017, at 1:00 p.m. CDT in Room 413 of the State Capitol Building, Pierre, S.D. The agenda is to discuss the Mountain West Transmission Group Initiative.
- A motion hearing for docket NG16-014 - In the Matter of Commission Staff’s Petition for Declaratory Ruling Regarding Farm Tap Customers will be held on Tuesday, March 14, 2017, at 1:30 p.m. CDT in Room 413 of the State Capitol Building, Pierre, S.D. The commission will hear Northern Natural Gas Company’s petition for rehearing and motion for judicial notice and NorthWestern Energy’s petition for reconsideration of declaratory ruling.
- PUC commissioners and staff will meet with consumers at the Black Hills Home Builders Association Home Show, March 24-26, 2017, at the Rushmore Plaza Civic Center, Rapid City, S.D.
- The next regularly scheduled commission meeting will be Tuesday, March 28, 2017, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.
- The PUC will host and commissioners and staff will attend the South Dakota/North Dakota/Wyoming Pipeline Safety Operators Training, March 29-30, 2017, at the Ramkota Hotel and Conference Center, Rapid City, S.D.
- Commission meetings are scheduled for April 10 and 27, 2017.
/s/Leah Mohr .
Leah Mohr
Deputy Executive Director
PUC Email
March 7, 2017
