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South Dakota Public Utilities Commission Meeting
August 1, 2017, at 9:30 A.M. CDT
Room 414, 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 5:00 p.m. CDT on Monday, July 31, 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.
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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 July 5, 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. EL15-027 In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between H-D Electric Cooperative, Inc. and NorthWestern Corporation dba NorthWestern Energy (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
On July 20, 2015, Commission Staff (Staff) filed an Electric Service Territory Boundary Agreement between H-D Electric Cooperative, Inc. (H-D Electric) and NorthWestern Corporation dba NorthWestern Energy (NorthWestern). On July 13, 2017, Staff filed a revised agreement and revised maps for Exhibit B and Exhibit D – pages 1, 3, and 4.These filings are made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the H-D Electric and Northwestern, Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information. Staff asks for approval of the agreement to update official mapping data to properly reflect the service territory boundaries shared by the utilities in this docket.
TODAY, shall the Commission approve the proposed electric service territory boundary agreement?
2. 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, 2017, Consolidated Edison Development, Inc. (ConEd Development) filed a Notice of Appearance and Motion to Amend Complaint based on ConEd Development’s acquisition of Juhl Energy Inc.’s interest in the three wind energy projects (projects) that are the subject of this docket. At its regularly scheduled meeting on February 10, 2017, the Commission granted ConEd Development’s motion to amend its complaint. On April 11, 2017, through April 12, 2017, an evidentiary hearing was held. On May 3, 2017, NorthWestern filed a response to Commissioner Nelson’s inquiry. On May 17, 2017, ConEd Development filed a Motion to Exclude NorthWestern’s May 3, 2017, Response to Commissioner Nelson. At its regularly scheduled meeting on May 23, 2017, the Commission denied in part and granted in part the Motion to Exclude NorthWestern’s May 3, 2017, Response to Commissioner Nelson. On May 17, 2017, ConEd Development filed its Opening Post-Hearing Brief. On June 7, 2017, NorthWestern Energy filed its Post-Hearing Response Brief and Commission Staff filed its Post-Hearing Brief. On June 26, 2017, ConEd Development filed its Post-Hearing Reply Brief and Request for Oral Argument.
TODAY, shall the Commission determine the appropriate avoided cost for the projects over the 20-year period of the proposed PPA in a manner consistent with PURPA, FERC’s implementing regulations, and the Commission’s PURPA Order? OR, how shall the Commission proceed?
3. EL17-027 In the Matter of the Joint Request for Service Rights Exception between NorthWestern Corporation dba NorthWestern Energy and Codington-Clark Electric Cooperative, Inc. (Staff Analyst: Lorena Reichert; Staff Attorney: Kristen Edwards)
On June 23, 2017, the Commission received a Consent and Agreement for Electric Service between NorthWestern Corporation dba NorthWestern Energy (NorthWestern) and Codington-Clark Electric Cooperative, Inc. (Codington-Clark) to allow Codington-Clark to provide three-phase electric service not to exceed 50 KVA to an Irrigation Pivot located in NorthWestern’s territory in the Southeast Quarter (SE1/4) of Section Thirty-three (S33), Township (Lake) One Hundred Fourteen North (T114 N.) Range Fifty-seven West (R.57 W.) of the Fifth (5th) Principal Meridian, Clark County, South Dakota. The customer requested NorthWestern allow Codington-Clark to provide this three-phase electric service. NorthWestern responded to staff’s data request on July 19, 2017.
TODAY, shall the Commission approve the requested service rights exception between NorthWestern and Codington-Clark?
Natural Gas
1. NG17-009 In the Matter of the Application of South Dakota Intrastate Pipeline Company for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On June 1, 2017, South Dakota Intrastate Pipeline Company (SDIP) filed with the Commission a Letter of Transmittal requesting authority to increase its natural gas rates. On June 22, 2017, Montana-Dakota Utilities Co. (MDU) filed a Petition to Intervene. The Commission issued an Order Granting Intervention on July 6, 2017. On June 29, 2017, SDIP filed a confidential application for authority to increase its natural gas rates. On July 11, 2017, MDU filed a Motion for Commission Review requesting the Commission strike SDIP’s claim of confidentiality made in its June 29, 2017, letter and open the docket submissions to MDU and the public for review.
TODAY, shall the Commission grant MDU’s Motion for Commission Review? OR, how shall the Commission proceed?
2. NG17-011 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions regarding Farm Tap Service (Staff Analysts: Brittany Mehlhaff, Mary Zanter, Patrick Steffensen; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On July 24, 2017, MidAmerican Energy Company (MidAmerican) filed a letter requesting a docket be opened to consider a proposal that would allow MidAmerican to provide services to a number of farm tap customers connected to an interstate pipeline owned and operated by Northern Natural Gas Company (Northern), as a result of discussions between MidAmerican and Commission Staff (Staff). The tariff revisions proposed by MidAmerican will allow the Company to provide service to existing farm tap users currently receiving certain services from NorthWestern Corporation dba NorthWestern Energy (NorthWestern), pursuant to a contractual arrangement between Northern and NorthWestern, which will expire December 31, 2017. The proposed tariff revisions will be reflected in a filing made by MidAmerican no later than Thursday, July 27, 2017. MidAmerican requests that the revisions be effective on less than 30 days’ notice. Staff and MidAmerican seek expedited processing of this docket in order to allow adequate time for customer awareness campaigns and implementation.
TODAY, shall the Commission approve the proposed tariff revisions on less than 30 days’ notice, effective August 1, 2017? OR, how shall the Commission proceed?
Telecommunications
1. TC17-018 In the Matter of the Application of South Dakota Network, LLC (SDN) for Waiver of Switched Access Cost Study (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On June 7, 2017, South Dakota Network, LLC (SDN) filed an application for waiver of the requirement to file a switched access cost study as required by Commission rule ARSD 20:10:27:07. SDN requests the waiver of the cost study requirement because of the costs and resources involved in producing a study and indicated that a preliminary analysis indicates that a cost study would support higher rates. On June 29, 2017, SDN responded to staff’s data request.
TODAY, shall the Commission grant South Dakota Network, LLC’s request for a waiver, pursuant to ARSD 20:10:27:02, of the requirement to perform a switched access cost study?
2. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC17-026, TC17-027, TC17-028, TC17-031, TC17-034, TC17-035, TC17-036 and TC17-043.
TC17-026 In the Matter of the Request of Golden West Telecommunications Cooperative, Inc., Study Area Codes: Armour–391640, Golden West Telecom–391659, Kadoka–391667, Sioux Valley–391677, Union–391684 and Vivian–391686 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On June 21, 2017, the Commission received an application from Golden West Telecommunications Cooperative, Inc. (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 13, 2017, the Company responded to Staff’s data request.
TC17-027 In the Matter of the Request of Northern Valley Communications, L.L.C. Study Area: 399017 and 396340 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On June 23, 2017, the Commission received an application from Northern Valley Communications, LLC (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 10, 2017, the Company responded to Staff’s data request.
TC17-028 In the Matter of the Request of James Valley Wireless, LLC Study Area: 399014 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On June 23, 2017, the Commission received an application from James Valley Wireless , LLC (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 10, 2017, the Company responded to Staff’s data request.
TC17-031 In the Matter of the Request of James Valley Cooperative Telephone Company Study Area: 391664 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On June 27, 2017, the Commission received an application from James Valley Cooperative Telephone Company (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 19, 2017, the Company responded to Staff’s data request.
TC17-034 In the Matter of the Request of TrioTel Communications Inc. Study Area: McCook–391669 and Tri-County Telecom–391682 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On June 29, 2017, the Commission received an application from TrioTel Communications Inc. (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 20, 2017, the Company responded to Staff’s data requests.
TC17-035 In the Matter of the Request of Valley Telecommunications Cooperative Association, Inc. Study Area: 391685 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On June 29, 2017, the Commission received an application from Valley Telecommunications Cooperative Association, Inc. (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 24, 2017, the Company responded to Staff’s data requests.
TC17-036 In the Matter of the Request of Alliance Communications Cooperative, Inc. Study Areas: Splitrock–391657, Baltic–391642, Hills–391405 for Certification Regarding Its Use of Federal Universal Service Support (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On June 29, 2017, the Commission received an application from Alliance Communications Cooperative, Inc. (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 25, 2017, the Company responded to Staff’s data requests.
TC17-043 In the Matter of the Request of Beresford Municipal Telephone Company Study Area: 391649 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On June 30, 2017, the Commission received an application from Beresford Municipal Telephone Company (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 18, 2017, the Company responded to Staff’s data requests.
TODAY, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in each of the above dockets?
Items for Commission Discussion
Announcements
- The next regularly scheduled commission meeting will be Tuesday, August 15, 2017, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.
- Commissioners and Staff will attend the South Dakota Telecommunications Association Annual Meeting, August 20-22, 2017, at The Lodge, Deadwood, S.D.
- Commission meetings are scheduled for August 29 and September 12, 2017.
/s/Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
PUC Email
July 25, 2017
