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South Dakota Public Utilities Commission Meeting
February 3, 2020, at 1:30 P.M. CST
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 10:00 a.m. CST on Monday, February 3, 2020, 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 January 7 and January 21, 2020 (Staff: Joy Lashley)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC19-052 In the Matter of the Filing by Northern Valley Communications, LLC for Approval of Revisions to Its Access Service Tariff No. 1 (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On December 27, 2019, the Commission received a filing from Northern Valley Communications, LLC requesting approval of revisions to its switched access services Tariff No. 1 in response to the Federal Communications Commission’s Order regarding Updating the Intercarrier Compensation Regime to Eliminate Access Arbitrage. On January 17, 2020, Sprint and AT&T Corp. filed petitions to intervene. Pursuant to SDCL 49-31-12.4(2), the Commission may suspend the proposed tariff changes for 120 days beyond the proposed effective date.
TODAY, shall the Commission grant intervention to any party that may have filed? AND, shall the Commission suspend the tariff for 120 days from the proposed effective date of January 11, 2020? OR, how shall the Commission proceed?
Complaint
1. CE19-001 In the Matter of the Complaint filed by the City of North Sioux City and North Sioux City Economic Development Corporation, North Sioux City, South Dakota, against MidAmerican Energy Company Regarding Commercial Development in the Flynn Business Park (Staff Analysts: Patrick Steffensen, Eric Paulson; Staff Attorney: Kristen Edwards)
On November 4, 2019, the City of North Sioux City and North Sioux City Economic Development Corporation (North Sioux City) filed a complaint against MidAmerican Energy Company (MidAmerican) regarding new commercial development in the Flynn Business Park. North Sioux City sought relief in the form of a MidAmerican electric tariff revision which would allow for refundability in the second phase of the Flynn Business Park expansion. On November 25, 2019, MidAmerican filed its Answer and Motion to Dismiss. On January 23, 2020, the parties filed a Motion for Approval of Settlement Stipulation and Settlement Stipulation. On January 24, 2020, staff filed its Memorandum.
TODAY, shall the Commission grant the Motion for Approval of Settlement Stipulation and adopt the Settlement Stipulation without modification? AND, shall the Commission grant the withdrawal of the complaint and close the docket?
Electric
1. EL18-003 In the Matter of the Application by Dakota Range I, LLC and Dakota Range II, LLC for a Permit of a Wind Energy Facility in Grant County and Codington County, South Dakota, for the Dakota Range Wind Project (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On January 24, 2018, the Commission received an Application for a Facility Permit for a wind energy facility (Application) from Dakota Range I, LLC, and Dakota Range II, LLC (together Dakota Range or Applicant). Applicant proposes to construct a wind energy facility to be located in Grant County and Codington County, South Dakota, known as the Dakota Range Wind Project (Project). The Project would be situated within an approximately 44,500-acre project area, 10 miles northeast of Watertown, South Dakota (Project Area). The total installed capacity of the Project would not exceed 302.4MW nameplate capacity. The proposed Project includes up to 72 wind turbine generators, access roads to turbines and associated facilities, underground 34.5-kilovolt (kV) electrical collector lines connecting the turbines to the collection substation, underground fiber-optic cable for turbine communications co-located with the collector lines, a 34.5-kV to 345-kV collection substation, up to five permanent meteorological towers, and an operations and maintenance facility. The Project would interconnect to the high-voltage transmission grid via the Big Stone South to Ellendale 345-kV transmission line that crosses the Project Area. The Project is expected to be completed in 2021. Applicant estimates the total construction cost to be $380 million. An evidentiary hearing was held as scheduled. On July 23, 2018, the Commission issued its Final Decision and Order Granting Permit to Construct Wind Energy Facility. On January 6, 2020, Northern States Power Company (NSP), submitted a Motion for Approval of Transfer of Permit stating it had purchased the membership interests of Dakota Range I, LLC and Dakota Range II, LLC from APEX Clean Energy, LLC. If granted, the result would be that NSP will be the Permit holder.
TODAY, shall the Commission approve the Motion for Approval of Transfer of Permit? OR, how shall the Commission proceed?
2. EL18-059 In the Matter of Lookout Solar Park I, LLC for a Permit of a Solar Energy Facility in Oglala Lakota County (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorney: Amanda Reiss)
On December 17, 2018, Lookout Solar Park I, LLC (Applicant or Lookout Solar) filed an application to construct an approximately 110 megawatt (MW) solar energy conversion facility with up to 500,000 solar panels and a 230-kV Substation (Project). In addition, Applicant will construct access roads, a generator step-up transformer, an operation and maintenance facility, buried transmission lines, parking areas, and laydown areas for construction. The Project area is on approximately 810 acres of privately-owned land on the Pine Ridge Reservation in Oglala Lakota County, South Dakota. The Project area is located approximately 22 miles east of Buffalo Gap, South Dakota, in Township 41 North (T41N), Range 48 West (R48W), Section 36 and the southern portion of Section 35. The Project is located on individually-owned Indian trust land on the Pine Ridge Reservation. The 230-kV substation will be located on 10 acres of private land located near Cottonwood Cutoff on Section 14 (parcel 003478) in T6S, R8E or in Section 11 (parcel 0034688) in T6S, R8E. On November 1, 2019, the Report of the Local Review Committee was filed. On December 9, 2019, the Parties a filed a Settlement Stipulation and a Joint Motion for Approval of Settlement Stipulation. On January 21, 2020, the Parties filed a Joint Motion for Approval and a Revised Settlement Stipulation. On January 21, 2020, staff filed its Memorandum Supporting Revised Settlement Stipulation and other supporting document.
TODAY, shall the Commission grant the Joint Motion for Approval of the Revised Settlement Stipulation and approve the terms and conditions stipulated therein? OR, how shall the Commission proceed?
3. EL20-002 In the Matter of Commission Staff’s Request for an Order to Show Cause regarding Crowned Ridge Wind, LLC (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On July 26, 2019, in Docket EL19-003, the Commission issued to Crowned Ridge, LLC (Crowned Ridge) a Final Decision and Order Granting Permit to Construct Facility; Notice of Entry with Permit Conditions (Permit) for the Crowned Ridge Wind facility in Grant and Codington Counties. On January 13, 2020, staff filed a Petition to Show Cause requesting the Commission to issue an Order to Show Cause requiring Crowned Ridge to come forward and show cause as to why it should not be found in violation of SDCL 49-41B-25.2 and Permit Condition 2 for failure to equip the Crowned Ridge Wind facility with an aircraft detection lighting system (ADLS).
TODAY, shall the Commission issue an Order to Show Cause? OR, how shall the Commission proceed?
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 commission.
Announcements
1. Commissioners and staff will meet with representatives of NorthWestern Energy on Thursday, January 30, 2020, at 10:00 a.m. CST in the Capitol Lake Visitor Center, Pierre, South Dakota. The agenda is to discuss an update of NorthWestern Energy’s operations, finance and customer service activities.
2. An evidentiary hearing 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 is scheduled to begin at 9:00 a.m. CST, Tuesday, February 4 and continue through Friday, February 7, 2020, in the Floyd Matthew Training Center in the Foss Building, 523 E. Capitol Ave., Pierre, South Dakota.
3. The PUC office will be closed Monday, February 17, 2020, in observance of Presidents Day.
4. The next regular commission meeting will be Tuesday, February 18, 2020, at 1:30 p.m. CST in the Floyd Matthew Training Center in the Foss Building, 523 E. Capitol Ave., Pierre, South Dakota.
5. PUC Commissioners will attend the South Dakota State Federation of Labor Legislative Conference on Thursday, February 20, 2020, at 3:00 p.m. CST at the Ramkota Conference Center, Pierre, South Dakota.
6. PUC commissioners and staff will meet with consumers at the Sioux Empire Home Show, February 21-23, 2020, at the Sioux Falls Convention Center & Arena, Sioux Falls, South Dakota.
7. Commission meetings are scheduled for March 6 and 17, 2020.
/s/Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
PUC Email
January 28, 2020
