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South Dakota Public Utilities Commission Meeting
August 15, 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 5:00 p.m. CDT on Monday, August 14, 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 August 1, 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, 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. On August 1, 2017, the Commission held oral arguments.
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?
2. EL17-028 In the Matter of the Application by Crocker Wind Farm, LLC for a permit of a Wind Energy Facility and a 345 kV Transmission Line in Clark County, South Dakota, for Crocker Wind Farm (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On July 25, 2017, Crocker Wind Farm LLC (Crocker) filed an Application for a Wind Energy Facility and a 345 kV Transmission Line in Clark County (Project). The proposed Project is a 400 megawatt nameplate capacity wind energy facility located on approximately 29,331 acres of privately owned land in Clark County, South Dakota, approximately 8 miles north of Clark, South Dakota. The proposed Project includes up to 200 wind turbines, associated access roads, a new collector substation, an operations and maintenance facility and associated 345 kilovolt transmission in Clark County, South Dakota. The Project will result in the installation of approximately 6.5 miles of overhead transmission that will be wholly located within the Wind Farm’s boundary. The Transmission Line Route will run from a substation in Section 30 of Township 119N, Range 58W to the Point-of-Interconnect (POI), which is located approximately miles north of the town of Crocker in Section 9 of Township 119N, Range 58W. Two routing options from the substation in Section 30 are under consideration. At the POI, the power will transfer to the Basin Electric Groton-to-Watertown 345 kV transmission line, part of the Southwest Power Pool, Inc./Western Area Power Administration (WAPA) Transmission line portfolio in Clark County, South Dakota.
TODAY, shall the Commission assess a filing fee not to exceed $500,000 with an initial deposit of $8,000? And shall the Commission authorize the Executive Director to enter into necessary consulting contracts?
Natural Gas
1. 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 Commission considered this item at its August 1, 2017, meeting. No action was taken and the docket was deferred. MidAmerican intends to file its proposed tariff revisions by Thursday, August 10, 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 15, 2017? OR, how shall the Commission proceed?
Telecommunications
1. TC17-056 In the Matter of the Approval of Routing of Traffic Through a Third Party Transit Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Airus, Inc. (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
On July 13, 2017, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a Third Party Transit Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC (CenturyLink) and Airus, Inc. The purpose of the amendment is to provide the conditions under which CenturyLink and Airus may use a Third Party Transit Provider to indirectly exchange traffic between their networks.
TODAY, shall the Commission approve the Amendment to the Interconnection Agreement?
2. TC17-057 In the Matter of the Filing by Clarity Telecom, LLC dba Vast Broadband for Approval of its Access Service Tariff No. 3 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On July 13, 2017, Clarity Telecom, LLC (Clarity) filed a request for approval of revisions to its Access Service Tariff No. 3. Clarity is submitting this filing to be in compliance with the Federal Communications Commission’s November 11, 2011, Intercarrier Compensation Reform Order (FCC 11-161). Clarity requests that the tariff revisions become effective on July 1, 2017.
TODAY, shall the Commission approve the revisions to Clarity Telecom, LLC’s Access Service Tariff No. 3?
3. TC17-058 In the Matter of the Filing by Clarity Telecom, LLC dba Vast Broadband, Rapid City, South Dakota, for Approval of its Access Service Tariff No. 2 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On July 13, 2017, Clarity Telecom, LLC (Clarity) filed a request for approval of revisions to its Access Service Tariff No. 2. Clarity is submitting this filing to be in compliance with the Federal Communications Commission’s November 11, 2011, Intercarrier Compensation Reform Order (FCC 11-161). Clarity requests that the tariff revisions become effective on July 1, 2017.
TODAY, shall the Commission approve the revisions to Clarity Telecom, LLC’s Access Service Tariff No. 2?
4. TC17-059 In the Matter of the Filing by Midcontinent Communications for Approval of Revisions to its Access Services Tariff (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On July 14, 2017, Midcontinent Communications (Midco) filed a request for approval of revisions to its Access Services Tariff No. 1. Midco is submitting this filing to maintain compliance with the Federal Communications Commission’s, November 11, 2011, Intercarrier Compensation Reform Order (FCC 11-161). Midco requests that the tariff revisions become effective on July 29, 2017.
TODAY, shall the Commission approve the revisions to Midcontinent Communication’s Access Services Tariff?
5. TC17-060 In the Matter of the Filing by Level 3 Communications, LLC for Approval of Revisions to its Access Services Tariff No. 3 (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On July 18, 2017, Level 3 Communications, LLC (Level 3) filed a request for approval of revisions to its Access Services Tariff No. 1. Level 3 is submitting this filing to maintain compliance with the Federal Communications Commission’s, November 11, 2011, Intercarrier Compensation Reform Order (FCC 11-161). Level 3 requests that the tariff revisions become effective on July 29, 2017.
TODAY, shall the Commission approve the revisions to Level 3 Communications, LLC’s Access Services Tariff?
6. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC17-030, TC17-033, TC17-040, TC17-041, TC17-042, TC17-046, TC17-047, TC17-050 and TC17-055
TC17-030 In the Matter of the Request of RT Communications, Inc. Study Area: 512251 for Certification Regarding its Use of Federal Universal Service Support(Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On June 26, 2017, the Commission received an application from RT 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 August 2, 2017, the Company responded to Staff’s data request.
TC17-033 In the Matter of the Request of Qwest Corporation dba CenturyLink QC Study Area: 395145 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 Qwest Corporation dba CenturyLink QC (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 27, 2017, the Company responded to Staff’s data request.
TC17-040 In the Matter of the Request of Valley Telephone Company Study Area: 361495 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On June 29, 2017, the Commission received an application from Valley 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 31, 2017, the Company responded to Staff’s data request and on August 4, 2017, the Company filed the responses in the docket.
TC17-041 In the Matter of the Request of Midstate Communications, Inc. Study Areas: 391670-Midstate Communications and 399011-Midstate Telecommunications for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On June 29, 2017, the Commission received an application from Midstate 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 26, 2017, the Company responded to Staff’s data request.
TC17-042 In the Matter of the Request of City of Faith Municipal Telephone Company Study Area: 391653 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On June 30, 2017, the Commission received an application City of Faith 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 25 and August 4, 2017, the Company responded to Staff's data request.
TC17-046 In the Matter of the Request of West River Telecommunications Cooperative Study Area: Mobridge–391671 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On June 30, 2017, the Commission received an application from West River Telecommunications Cooperative, Mobridge, (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 and 28, 2017, the Company responded to Staff’s data request.
TC17-047 In the Matter of the Request of Santel Communications Cooperative, Inc. Study Area: 391676 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On June 30, 2017, the Commission received an application from Santel 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 26 and August 7, 2017, the Company responded to Staff’s data requests.
TC17-050 In the Matter of the Request of Kennebec Telephone Co., Inc. Study Area: 391668 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On June 30, 2017, the Commission received an application from Kennebec Telephone Co., 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 18, 2017, the Company responded to Staff's data request.
TC17-055 In the Matter of the Request of West River Cooperative Telephone Company Study Area 391689 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On July 5, 2017, the Commission received an application from West River 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 31, 2017, the Company responded to Staff’s data request.
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
Discussion on the results of Staff’s White Paper on the Difference in Investor Owned Utility Total Resource Cost Test Calculations for Ground Source Heat Pumps that was submitted as an informational filing (2017 INFO EL7) on July 24, 2017.
Announcements
- Commissioners and Staff will attend the South Dakota Telecommunications Association Annual Meeting, August 20-22, 2017, at The Lodge, Deadwood, S.D.
- The next regularly scheduled commission meeting will be Tuesday, August 29, 2017, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.
- Commissioners and staff will meet with consumers at the South Dakota State Fair, August 31 - September 4, 2017, in Huron, S.D.
- The PUC office will be closed Monday, September 4, 2017, in observance of the Labor Day holiday.
- Commission meetings are scheduled for September 12 and 26, 2017.
/s/Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
PUC Email
August 8, 2017
