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South Dakota Public Utilities Commission Meeting
April 29, 2020, at 9:30 A.M. CDT
Conference Call Due to concerns surrounding COVID-19, the PUC meeting will be held via conference call.

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 Tuesday, April 28, 2020, to reserve a phone line.

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.

AGENDA OF COMMISSION MEETING

Administration

1.      Approval of Minutes of the Commission Meetings Held on March 31 and April 14, 2020 (Staff: Macy Jo Murren)

Consumer Reports

1.      Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)

Telecommunications

1.      TC20-004        In the Matter of the Approval of an Unbundled Network Elements (UNEs) – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Teleport Communications America, LLC for the State of South Dakota (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

         On April 7, 2020, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Teleport Communications America, LLC. The amendment incorporates forbearance orders FCC 19-66 and FCC 19-72, which were released by the Federal Communications Commission in 2019.

         TODAY, shall the Commission approve the amendment to the interconnection agreement?

2.      TC20-005        In the Matter of the Approval of an Unbundled Network Elements Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and BullsEye Telecom, Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

         On April 7, 2020, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and BullsEye Telecom, Inc. The amendment incorporates forbearance orders FCC 19-66 and FCC 19-72, which were released by the Federal Communications Commission in 2019.

         TODAY, shall the Commission approve the amendment to the interconnection agreement?

Electric

1.      EL17-006        In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval of 2017 Transmission Facility Adjustment (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Jon Thurber; Staff Attorney: Kristen Edwards)

         On February 15, 2017, Black Hills Power, Inc. dba Black Hills Energy (BHE) filed an Application for Approval of its 2017 Transmission Facilities Adjustment. On June 9, 2017, BHE and Commission staff (staff) filed a Settlement Stipulation and Joint Motion for Approval of Settlement Stipulation. The Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation on June 20, 2017. On May 1, 2018, BHE and staff filed an Amendment to Settlement Stipulation and Joint Motion for Approval of Amendment to Settlement Stipulation. The Commission issued an Order Granting Joint Motion for Approval of Amendment to Settlement Stipulation on May 16, 2018. On December 31, 2019, BHE and staff filed a Second Amendment to Settlement Stipulation and Joint Motion for Approval of Second Amendment to Settlement Stipulation. The Commission issued an Order Granting Joint Motion for Approval of Second Amendment to Settlement Stipulation on January 10, 2020. Pursuant to the Settlement Stipulation, BHE is required to prepare and file a normalized jurisdictional earnings report for the preceding calendar year on or before May 1 of each year. On April 14, 2020, BHE filed a letter requesting an extension of its 2019 normalized jurisdictional earnings report filing date to July 1, 2020.

         TODAY, shall the Commission grant Black Hills Energy’s request for an extension of its 2019 normalized jurisdictional earnings report filing date to July 1, 2020?

2.      EL17-008        In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval of Its 2017 Environmental Improvement Adjustment (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Jon Thurber; Staff Attorney: Kristen Edwards)

         On February 15, 2017, Black Hills Power, Inc. dba Black Hills Energy (BHE) filed an Application for Approval of its 2017 Environmental Improvement Adjustment. On June 9, 2017, BHE and Commission staff (staff) filed a Settlement Stipulation and Joint Motion for Approval of Settlement Stipulation. The Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation on June 20, 2017. On May 1, 2018, BHE and staff filed an Amendment to Settlement Stipulation and Joint Motion for Approval of Amendment to Settlement Stipulation. The Commission issued an Order Granting Joint Motion for Approval of Amendment to Settlement Stipulation on May 16, 2018. On December 31, 2019, BHE and staff filed a Second Amendment to Settlement Stipulation and Joint Motion for Approval of Second Amendment to Settlement Stipulation. The Commission issued an Order Granting Joint Motion for Approval of Second Amendment to Settlement Stipulation on January 10, 2020. Pursuant to the Settlement Stipulation, BHE is required to prepare and file a normalized jurisdictional earnings report for the preceding calendar year on or before May 1 of each year. On April 14, 2020, BHE filed a letter requesting an extension of its 2019 normalized jurisdictional earnings report filing date to July 1, 2020.

         TODAY, shall the Commission grant Black Hill Energy’s request for an extension of its 2019 normalized jurisdictional earnings report filing date to July 1, 2020?

3.      EL18-026        In the Matter of the Application by Prevailing Wind Park, LLC for a Permit of a Wind Energy Facility in Bon Homme County, Charles Mix County and Hutchinson County, South Dakota, for the Prevailing Wind Park Project (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Kristen Edwards)

         On May 30, 2018, Prevailing Wind Park, LLC (Applicant) filed an application to construct the Prevailing Wind Park Project (Project), a wind energy facility located in Bon Homme, Charles Mix and Hutchinson counties, South Dakota. The Project includes up to 61 wind turbine generators, access roads to turbines and associated facilities, underground electrical power collector lines connecting the turbines to the collection substation, an operation and maintenance facility, and temporary construction areas, including crane paths, public road improvements, a laydown yard, and a concrete batch plant(s) (as needed), and four permanent meteorological towers. The Commission issued a Final Decision and Order Granting Permit to Construct Facilities (Permit) on November 28, 2018. On April 21, 2020, Applicant filed a letter requesting extensions due to COVID-19. Specifically, Applicant requests that the timeline for applicable compliance periods per the Permit conditions be tolled until travel restrictions throughout the country due to COVID-19 are eased and that the period for compliance testing required by Condition 42 be extended from 60 days to 120 days. Condition 42 requires Applicant to submit verification of compliance with sound level requirements within 60 days of the wind farm becoming fully operational.

         TODAY, shall the Commission grant Applicant’s request to delay the start of the compliance periods for Condition 42 until COVID-19 travel restrictions are eased? AND, shall the Commission grant Applicant’s request to extend the compliance period in Condition 42 from 60 to 120 days? OR, how shall the Commission proceed?

4.      EL20-007        In the Matter of the Filing of Northern States Power Company dba Xcel Energy for Approval of Its 2019 Economic Development Activities and 2020 Budget (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

         On February 26, 2020, Northern States Power Company dba Xcel Energy (Xcel) filed for approval of its 2019 Economic Development Annual Report and 2020 Economic Development Budget. The filing includes Xcel’s report on the 2019 budgeted and actual economic development expenses and provided documentation of the actual expenses incurred. The filing also includes a proposed economic development budget for 2020.

         TODAY, shall the Commission approve Xcel Energy’s 2019 Economic Development Report and its 2020 Economic Development Budget?

5.      EL20-009        In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Infrastructure Rider Rate (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

         On February 28, 2020, the Commission received a petition from Montana-Dakota Utilities Co. (MDU) for approval of the annual update to its Infrastructure Rider Rate, pursuant to the terms of the Company’s Infrastructure Rider Rate 56 tariff. MDU is proposing to increase the tariff rate to $0.00846 per kWh for the rate period covered by this filing. Under the Infrastructure Rider Rate 56 tariff, MDU shall update the Infrastructure Rider annually to be effective each May 1. MDU filed a revised Infrastructure Rider rate and revised tariff sheet on April 21, 2020.

         TODAY, shall the Commission approve the revised Infrastructure Rider rate and revised tariff sheet with an effective date of May 1, 2020?

Gas and Electric

1.      GE19-002       In the Matter of the Filing by MidAmerican Energy Company for the Approval of Its Reconciliation and Annual Report for 2018 and 2018 Reconciliation for the Energy Efficiency Cost Recovery Factor (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

         On April 12, 2019, the Commission received a filing from MidAmerican Energy Company (MidAmerican) that included MidAmerican’s 2018 Energy Efficiency Plan Annual Report and reconciliation of the Energy Efficiency Plan cost recoveries for the 2018 calendar year. Further, MidAmerican requested approval of its 2019 Energy Efficiency Cost Recovery Factors that account for the 2018 reconciliation amounts, the 2018 performance incentive, and the 2019 Energy Efficiency Plan budget approved by the Commission in docket GE17-002. On September 30, 2019, MidAmerican submitted a supplemental filing outlining expected total resource costs scores and requested further guidance from the Commission. On November 1, 2019, the Commission ordered MidAmerican to end its energy efficiency measures and programs. On January 24, 2020, the Commission approved zeroing out the nonresidential gas and electric factors. On March 31, 2020, MidAmerican filed a request to zero out the remaining residential gas and electric factors.

         TODAY, shall the Commission approve the proposed tariff revisions?

Items for Commission Discussion

Public Comment

Individuals who wish to make public comments to the commission may do so during this time. All who offer public comment are requested to let the commission know of their wish to speak when they call in to reserve a phone line. Time limits for comments may be determined at the discretion of the commission.

Announcements

1.   Due to concerns surrounding COVID-19, the South Dakota Public Utilities Commission office in the State Capitol building will be closed through May 29, 2020. PUC commissioners and staff will telework during this period. If you need to reach the PUC, please email PUC@state.sd.us or call (605) 773-3201.

2.   The next regular commission meeting will be held telephonically, Tuesday, May 12, 2020, at 9:30 a.m. CDT.

3.   Commission meetings are scheduled for May 26 and June 9, 2020.

 

  /s/Cindy Kemnitz             .

Cindy Kemnitz
Finance Manager
puc@state.sd.us
April 22, 2020