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South Dakota Public Utilities Commission Meeting
August 29, 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, August 28, 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
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
1. EL17-026 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval to Modify and Extend Its Energy Efficiency Solutions Plan (Staff Analysts: Brittany Mehlhaff, Joseph Rezac; Staff Attorney: Amanda Reiss)
On June 1, 2017, Black Hills Power, Inc. dba Black Hills Energy (BHP or Company) filed an application for approval of a three year extension of its current Energy Efficiency Solutions Plan (EESP) with minor modifications, to become effective on September 1, 2017. The Company proposes to remove certain residential measures from the current plan as they no longer demonstrate a total resource cost measure of 1.0 or greater.
TODAY, shall the Commission approve the three-year extension of BHP’s Energy Efficiency Solutions Plan with the proposed modifications, to become effective on September 1, 2017? OR, how shall the Commission proceed?
2. EL17-031 In the Matter of Black Hills Power, Inc. dba Black Hills Energy’s Petition for Declaratory Ruling Regarding Whether a Permit is Required for a Rebuild of a 230kV Transmission Line Constructed in 1963 (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
On August 1, 2017, the Commission received a petition for a declaratory ruling from Black Hills Power, Inc. d/b/a Black Hills Energy requesting the Commission issue a declaratory ruling finding that a permit is not required for the rebuild of a 230 kV transmission line constructed in 1963 that: 1) involves no change in the line’s nameplate capacity or definition as a transmission facility; and 2) will occur within the line’s existing rights-of-way.
TODAY, how shall the Commission rule on the declaratory ruling? OR, how shall the Commission proceed?
3. EL17-033 In the Matter of the Petition for Electrical Service Rights Exception by Ag Processing Inc. to have NorthWestern Corporation dba NorthWestern Energy Assigned as Its Electric Provider in the Service Area of Northern Electric Cooperative, Inc. (Staff Analyst: Joe Rezac; Staff Attorney: Kristen Edwards)
On August 7, 2017, Ag Processing, Inc. (AGP) filed a Petition for Electrical Services (Petition) accompanied by a Settlement Agreement. In its Petition, AGP states that it is a new customer at a new location in Brown County, South Dakota, with a contracted minimum electric demand in excess of 2 megawatts. AGP is located within the service territory of Northern Electric Cooperative (Northern), but desires to receive electric service from NorthWestern Energy (NorthWestern). Pursuant to SDCL 49-34A-56, AGP requests the Commission allow it to receive electric service from NorthWestern. The Settlement Agreement provides that Northern and NorthWestern are in agreement with AGP’s request based on certain conditions.
TODAY, shall the Commission grant AGP’s Petition pursuant to SDCL 49-34A-56 with the conditions stated in the Settlement Agreement? OR, how shall the Commission proceed?
Pipeline Safety
1. PS10-001 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of a Waiver of 49 CFR Sections 192.285(a)(2) and 192.285(c). (Pipeline Safety Inspector: Mary Zanter; Staff Attorney: Kristen Edwards)
On April 30, 2010, the Commission granted a request for a waiver of 49 CFR Section 192.285(a)(2) and 192.285(c) to Montana Dakota Utilities Co. (MDU). MDU made the request according to SDCL 49-34B-24 to allow it to re-qualify its employees by an alternate means of assuring qualifications for persons making joints. On August 9, 2017, MDU filed a letter requesting removal of the waiver.
TODAY, shall the Commission grant the request to remove the waiver of 49 CFR Section 192.285(a)(2) and 192.285(c)?
Telecommunications
1. TC16-001 In the Matter of the Petition of IM Telecom, LLC dba Infiniti Mobile for Designation as an Eligible Telecommunications Carrier and Waiver (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
On January 19, 2016, the Commission received an Application for Designation as an Eligible Telecommunications Carrier from IM Telecom, LLC dba Infiniti Mobile throughout the State of South Dakota. Infiniti Mobile seeks ETC designation solely to provide Lifeline service to qualifying South Dakota households; it will not seek access to funds from the federal Universal Service Fund for the purpose of providing service to high-cost areas. Infiniti Mobile requests a waiver of ARSD 20:10:32:43.02 and ARSD 20:10:32:54(1-2). On February 5, 2016, the South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene. On February 10, 2016, IM Telecom filed an amendment to its application in regard to service areas. On February 16, 2016, the SDTA filed a letter requesting withdrawal of its petition to intervene. On May 4, 2016, Infiniti Mobile provided a supplement to the application. On August 23, 2017, the company filed a letter regarding withdrawal of its application.
TODAY, shall the Commission grant Infiniti Mobile’s Request to Withdraw the Petition Without Prejudice?
2. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC17-029, TC17-032, TC17-033, TC17-037, TC17-038, TC17-044, TC17-051 and TC17-053
TC17-029 In the Matter of the Request of Cheyenne River Sioux Tribe Telephone Authority Study Area: 391647 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
On June 23, 2017, the Commission received an application from the Cheyenne River Sioux Tribe Telephone Authority 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 14, 2017, the Company responded to Staff’s data request.
TC17-032 In the Matter of the Request of Citizens Telecommunications Company of Minnesota, LLC Study Area: 361123 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
On June 27, 2017, the Commission received an application from Citizens Telecommunications Company of Minnesota, LLC (Citizens) requesting the Commission grant a waiver of the Commission’s ETC filing requirements pursuant to ARSD 20:10:32:56, on grounds that the reporting requirements in support of ETC certification are unduly burdensome and unnecessary. Citizens also requests that the Commission 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 Company. On August 8, 2017, Citizens responded to Staff’s data requests.
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 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.
On June 29, 2017, the Commission received an application from Farmers Mutual Telephone 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 8, 2017, the Company responded to Staff’s data request.
TC17-038 In the Matter of the Request of Fort Randall Telephone Company and Mount Rushmore Telephone Study Area: 391660 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 Fort Randall Telephone Company and Mount Rushmore Telephone 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 14, 2017, the Company responded to Staff’s data request.
TC17-044 In the Matter of the Request of Clarity Telecom, LLC dba Vast Broadband Study Area: ILEC–391652 and CLEC–399006 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Kristen Edwards)
On June 30, 2017, the Commission received an application from Clarity Telecom, LLC dba Vast Broadband 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 11, 2017, the Company responded to Staff’s data requests.
TC17-051 In the Matter of the Request of RC Technologies Study Area: 391674 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 RC Technologies 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 7, 2017, the Company responded to Staff’s data request.
TC17-053 In the Matter of the Request of Midcontinent Communications Study Area: 399005 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 Midcontinent Communications 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 10, 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?
3. TC17-039 In the Matter of the Request of Red River Rural Telephone Association dba Red River Communications Study Area: 381631 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 Red River Rural Telephone Association dba Red River Communications 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 8, 2017, the Company responded to Staff’s data request and requested a waiver of the requirements to submit a two-year service quality improvement plan.
TODAY, shall the Commission grant the waiver of ARSD 20:10:32:54(1) and provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support?
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 will attend the ribbon cutting of the CapX2020 Big Stone South-Brookings County 345-kilovolt transmission line project on Wednesday, August 30, 2017, at 10:30 a.m. CDT near White. Otter Tail Power Company and Xcel Energy are joint owners of the project.
- Commissioners and staff will meet with consumers in the Expo Building 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.
- The next regularly scheduled commission meeting will be Tuesday, September 12, 2017, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.
- Commissioners and staff will meet with representatives of the Midcontinent Independent System Operator on Tuesday, September 12, 2017, at 1:30 p.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D. The agenda is to discuss cost allocation, cost allocation reform and energy storage.
- A public input hearing for Docket 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 will be held Wednesday, September 13, 2017, at 6:30 p.m. CDT in the Clark Elementary School Gymnasium, 200 Second Avenue NW, Clark, S.D.
- Commission meetings are scheduled for September 26 and October 11, 2017.
/s/Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
PUC Email
August 23, 2017
