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South Dakota Public Utilities Commission Meeting
August 6, 2019, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
NOTE: Docket participants who wish to join this meeting by conference call should contact the Commission at 605-773-3201 by 5:00 p.m. CDT on Monday, August 5, 2019, to reserve a phone line. Lines are limited and assigned 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 docket discussion at 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 webcast 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 Minutes of the Commission Meetings Held on July 9 and July 25, 2019 (Staff: Joy Lashley)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
1. EL15-020 In the Matter of the Application by Wind Quarry Operations, LLC, for a Wind Energy Facility Permit for the Willow Creek Wind Energy Facility and Associated Facilities (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
On May 27, 2015, Wind Quarry Operations, LLC, filed with the South Dakota Public Utilities Commission (Commission) an Application for a Wind Energy Facility Permit to construct the Willow Creek Wind Energy Facility (Project), a 103-megawatt nameplate capacity wind energy facility located on approximately 40,000 acres of privately-owned land in Butte County, South Dakota (Project Area), approximately 10 miles northeast of Newell, South Dakota. The proposed Project includes approximately 45 wind turbines, associated access roads, a new collector substation, an operations and maintenance facility, and associated transmission interconnection facilities. The Project would interconnect to the U.S. Department of Energy Western Area Power Administration Maurine to Rapid City 115-kilovolt transmission line, which extends through the Project Area. The Project would generate utility scale electric power for residential, commercial, and industrial consumers. On November 16, 2015, the Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation and Granting Permit to Construct Facilities. On November 21, 2018, the Commission issued an Order approving the Transfer of Permit to Willow Creek Wind Power LLC, owned by Pattern Renewables 2 LP. On July 17, 2019, Willow Creek Wind Power, LLC, filed a Motion for Approval of Transfer of Permit to reflect Lincoln Clean Energy, LLC’s acquisition of 100% of the membership interest in Willow Creek Wind Power, LLC, from Pattern Renewables 2 LP.
TODAY, shall the Commission grant Willow Creek Wind Power LLC’s Motion for Approval of Transfer of Permit? OR, how shall the Commission proceed?
Hydrocarbon Pipeline
1. HP09-001 In the Matter of the Application by TransCanada Keystone Pipeline, LP for a Permit under the South Dakota Energy Conversion and Transmission Facility Act to Construct the Keystone XL Project. (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On March 12, 2009, TransCanada Keystone Pipeline, LP, (Keystone) filed a siting permit application for the South Dakota portion of the proposed Keystone XL Project (Project). On June 29, 2010, Keystone was granted a permit to construct the Project. On January 21, 2016, in docket HP14-001, the Commission issued a Final Decision and Order Finding Certification Valid and Accepting Certification. On July 22, 2019, Keystone filed Applicant’s Motion to Approve Adverse Weather Plan pursuant to Condition 25 of the Amended Final Decision and Order.
TODAY, shall the Commission issue an order approving the adverse weather plan? OR, how shall the Commission proceed?
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC19-018, TC19-019, TC19-023, TC19-024, TC19-029, TC19-036, TC19-037 and TC19-038
TC19-018 In the Matter of the Request of Golden West Telecommunications Cooperative, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: Armour-391640, Golden West Telecom-391659, Kadoka-391667, Sioux Valley-391677, Union-391684, Vivian-391686) (Staff Analyst: Lorena Reichert; Commission Attorney: Adam de Hueck)
On June 18, 2019, 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 18, 2019, the Company responded to staff’s data request.
TC19-019 In the Matter of the Request of TrioTel Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 391685 and 399013) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
On June 21, 2019, 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 18, 2019, the Company responded to staff’s data request.
TC19-023 In the Matter of the Request of City of Brookings Municipal Telephone for Certification Regarding Its Use of Federal Universal Service Support (Study Area 391650) (Staff Analyst: Lorena Reichert; Commission Attorney: Karen Cremer)
On June 25, 2019, the Commission received an application from City of Brookings Municipal 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 July 23, 2019, the Company responded to staff’s data request.
TC19-024 In the Matter of the Request of Brookings Municipal Utilities dba Swiftel Communications for Certification Regarding Its Use of Federal Universal Service Support (Study Area 399009) (Staff Analyst: Lorena Reichert; Commission Attorney: Adam de Hueck)
On June 25, 2019, the Commission received an application from Brookings Municipal Utilities dba Swiftel Communications (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 23, 2019, the Company responded to staff’s data request.
TC19-029 In the Matter of the Request of West River Telecommunications Cooperative for Certification Regarding its Use of Federal Universal Service Support (Study Area: Mobridge–391671) (Staff Analyst: Patrick Steffensen; Commission Attorney: Karen Cremer)
On June 25, 2019, 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 12, 2019, the Company responded to staff’s data request.
TC19-036 In the Matter of the Request of Midstate Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: ILEC-391670 and CLEC-399011) (Staff Analyst: Lorena Reichert; Commission Attorney: Adam de Hueck)
On June 28, 2019, 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 23, 2019, the Company responded to staff’s data request.
TC19-037 In the Matter of the Request of Alliance Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas 391405, 391642 and 391657) (Staff Analyst: Lorena Reichert; Commission Attorney: Karen Cremer)
On June 28, 2019, 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 22, 2019, the Company responded to staff’s data request.
TC19-038 In the Matter of the Request of Santel Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area 391676) (Staff Analyst: Lorena Reichert; Commission Attorney: Adam de Hueck)
On June 28, 2019, 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 23, 2019, 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
Public Comment
Individuals who wish to make public comments to the commission may do so in person during this time. All who offer public comment are requested to sign in at the commission meeting. Time limits for comments may be determined at the discretion of the chairman.
Announcements
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PUC commissioners and staff will meet with representatives of Montana-Dakota Utilities Co. on Tuesday, August 6, 2019, at 1:30 p.m. CDT in Room 413 the State Capitol Building, Pierre, South Dakota. The agenda includes discussion about Montana-Dakota’s integrated resource planning report.
- A public input hearing for docket EL19-026 – In the Matter of the Application by Tatanka Ridge Wind, LLC for a Permit of a Wind Energy Facility in Deuel County, South Dakota will be held Wednesday, August 7, 2019, at 5:30 p.m. CDT in the Deubrook Elementary School Gymnasium, 695 Palisades Avenue, Toronto, South Dakota.
- PUC commissioners and staff will attend the Mid-America Regulatory Conference Annual Meeting August 11-14, 2019, at the Hilton Des Moines Downtown, Des Moines, Iowa.
- PUC commissioners and staff will attend the South Dakota Telecommunications Association Annual Meeting and Conference August 18-20, 2019, at the Holiday Inn Spearfish-Convention Center, Spearfish, South Dakota.
- The next regular commission meeting will be Wednesday, August 21, 2019, at 1:30 p.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
- PUC commissioners and staff will meet with representatives of Xcel Energy on Thursday, August 22, 2019, at 9:00 a.m. CDT in Room 413 the State Capitol Building, Pierre, South Dakota. The agenda includes discussion about Xcel’s integrated resource plan, a nuclear update and new Xcel leadership introductions.
- A public input meeting for docket EL19-027 – In the Matter of the Application by Crowned Ridge Wind II, LLC for a Permit of a Wind Energy Facility in Deuel, Grant and Codington Counties will be held Monday, August 26, 2019, at 5:30 p.m. CDT in the Whitewood Room at the Watertown Event Center, 1901 Ninth Avenue SW, Watertown, South Dakota.
- Commissioners and staff will meet with consumers at the PUC booth in the Expo Building at the South Dakota State Fair, August 29–September 2, 2019, in Huron, South Dakota.
- The PUC office will be closed Monday, September 2, 2019, in observance of the Labor Day holiday.
- Commission meetings are scheduled for September 3 and 17, 2019.
/s/Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
PUC Email
July 31, 2019
