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South Dakota Public Utilities Commission Meeting
May 23, 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 Monday, May 22, 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 May 9, 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. EL16-037 In the Matter of Commission Staff’s Request to Investigate Northern States Power Company dba Xcel Energy’s Proposed Fuel Clause Rider (Staff Analysts: Jon Thurber, Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On November 30, 2016, Northern States Power Company dba Xcel Energy (NSP) filed its monthly fuel clause rider (FCR), to be effective December 1, 2016. On November 30, 2016, Staff filed a Petition to suspend the rider for 180 days to allow adequate time for Staff to evaluate whether certain Purchase Power Agreements requested for cost recovery through the FCR are reasonable and cost effective. On May 8, 2017, Staff filed a Motion and Brief for Order to Show Cause Why Certain Costs Included In Proposed Fuel Clause Rider Should not be Disallowed (Motion). In its Motion, Staff requested the Commission issue an Order to Show Cause requiring NSP to come forward and show cause as to why certain expenses should not be disallowed. Included in Staff’s Motion was a request for a procedural schedule.
TODAY, shall the Commission issue an Order to Show Cause? AND, shall the Commission issue a procedural schedule? OR, how shall the Commission proceed?
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 requested 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. At its regularly scheduled meeting on March 14, 2017, the Commission granted the request for access to the Confidential Information on the condition that Mr. Bell signs the non-disclosure agreement provided by BHE and denied the hold on the approved 90-day extension. On May 11, 2017, BHE filed revised tariff sheets reflecting an updated generation credit rate of $0.0275 per kWh, effective June 1, 2017.
TODAY, shall the Commission approve the revised tariff sheets and updated generation credit rate, effective June 1, 2017?
Gas and Electric
1. GE16-005 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of 2017 South Dakota Demand Side Management Plan (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
On November 18, 2016, NorthWestern Corporation dba NorthWestern Energy (NWE) filed a revision to its Demand Side Management (DSM) for 2017. Specifically, NWE requested that the Commission approve the Company’s proposed modifications to its 2017 DSM Plan and budgets. Further, NWE requested that the Commission approve the revised gas and electric Energy Efficiency Adjustment rates and tariff sheets, that account for a true-up of tracker account balances and the 2017 DSM Plan proposed budgets, with an effective date of January 1, 2017. On December 13, 2016, Commission Staff filed a letter requesting that the Commission suspend the 2017 DSM plan until March 1, 2017, and leave the current Energy Efficiency Adjustment rates in effect until otherwise ordered by the Commission. On December 21, 2016, the Commission issued an order suspending NWE’s 2017 DSM plan until March 1, 2017. On January 31, 2017, NWE filed a letter notifying the Commission of its intent to discontinue the company’s DSM program. On March 9, 2017, the Commission issued an order approving the termination of NWE’s DSM Plan and the continuation of the existing Energy Efficiency Adjustment rates until a final true-up is provided. On May 2, 2017, NWE submitted revised tariff sheets for the Commission’s approval.
TODAY, shall the Commission approve the revised tariff sheets?
Telecommunications
1. TC13-022 In the Matter of the Application of Telrite Corporation dba Life Wireless, for Designation as an Eligible Telecommunications Carrier (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
On February 25, 2013, the Commission received a Petition from Telrite Corporation dba Life Wireless (Telrite) requesting Limited Designation as an Eligible Telecommunications Carrier (ETC) pursuant to Section 214(e)(2) of the Communications Act of 1934, as amended, Sections 54.101 through 54.207 of Federal Communications Commission (FCC) Rules, and provisions of South Dakota Public Utilities Commission rules and regulations. On March 12, 2013, the South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene and the Commission granted the intervention on April 5, 2013. On July 2, 2013, SDTA filed a letter stating that no objection would be made if Telrite revises the list of exchanges to include non-rural Qwest exchanges only. Telrite filed the revised list of exchanges on July 5, 2013. On May 9, 2017, Telrite filed a letter to withdraw its Petition for Designation as an Eligible Telecommunications Carrier in South Dakota, without prejudice.
TODAY, shall the Commission grant Telrite’s request to withdraw, without prejudice, its Petition for Designation as an Eligible Telecommunications Carrier in South Dakota and close the docket?
2. TC17-001 In the Matter of the Application of Wide Voice, LLC for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On January 12, 2017, the Commission received an Application for a Certificate of Authority from Wide Voice, LLC (Wide Voice). Wide Voice seeks to provide competitive local exchange services, including exchange access service, within the state of South Dakota. The Commission granted intervention to the South Dakota Telecommunications Association and South Dakota Network, LLC.
TODAY, shall the Commission grant Wide Voice’s Application for Certificate of Authority? OR, shall the Commission establish a procedural schedule? OR, how shall the Commission proceed?
3. TC17-012 In the Matter of the Application of MAGICJACK SMB, INC. for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On April 6, 2017, the Commission received a filing from MAGICJACK SMB, INC. (MAGICJACK SMB) for a Certificate of Authority to provide local exchange and interexchange long distance services in South Dakota to business customers by using interconnected Voice over Internet Protocol. MAGICJACK SMB intends to provide local exchange services in the non-rural (CenturyLink) service territory. On April 25 and April 28, 2017, MAGICJACK SMB responded to Staff’s data requests. On May 9, 2017, the Commission deferred this docket to the May 23, 2017, Commission meeting. On May 15, 2017, MAGICJACK SMB responded to the Commission’s data requests.
TODAY, shall the Commission grant MAGICJACK SMB, INC.’s request for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota?
4. TC17-013 In the Matter of the Application of Broadsmart Global, 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 April 10, 2017, the Commission received a filing from Broadsmart Global, Inc. (Broadsmart) for a Certificate of Authority to provide local exchange and interexchange long distance services in South Dakota to business customers by using interconnected Voice over Internet Protocol. Broadsmart intends to provide local exchange services in the non-rural areas of CenturyLink’s service territory. On April 25, 27 and May 2, 2017, Broadsmart responded to Staff’s data requests. On May 9, 2017, the Commission deferred this docket to the May 23, 2017, Commission meeting. On May 15, 2017, Broadsmart responded to the Commission’s data requests.
TODAY, shall the Commission grant Broadsmart Global, Inc.’s request for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota?
Items for Commission Discussion
1. Stray Voltage Test Forms: Pursuant to the Commission’s stray voltage rules found in ARSD 20:10:39, the Commission is required to have forms on file for six stray voltage tests. These tests include: the Cow Contact Test, the 48 Hour Test, the Primary Profile Test, the Secondary Neutral Voltage Drop Test, the Load Box Test and the Signature Test. Commission Staff (Staff) received proposed forms for each of the these tests from South Dakota Rural Electric Association (SDREA). After seeking input on SDREA’s proposed stray voltage forms from all parties to the stray voltage rulemaking docket, Staff revised the forms to account for feedback received and Staff’s understanding of what is required by the stray voltage rules. It is Staff’s intent to have one standardized set of forms on file for all electric utilities to use when conducting stray voltage testing. The purpose of this discussion is to provide guidance to Staff as to whether or not the Commission would prefer a docket be opened in order to approve the forms, or, if the Commission is comfortable with Staff making the forms available online without Commission approval.
Announcements
- The PUC office will be closed Monday, May 29, 2017, in observance of Memorial Day.
- The next regularly scheduled commission meeting will be Tuesday, June 6, 2017, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.
- Commission meetings are scheduled for June 16 and July 5, 2017.
/s/Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
PUC Email
May 16, 2017
