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South Dakota Public Utilities Commission Meeting
August 18, 2020, 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 17, 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 July 23, July 29, and August 4, 2020 (Staff: Macy Jo Murren)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. In the Matter of Request for approval of an Unbundled Network Elements – Resale Forbearance Amendment to the Interconnection Agreement in Dockets TC20-043, TC20-044, TC20-045 and TC20-46
TC20-043 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 FiberComm, L.C. (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On July 22, 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 FiberComm, L.C. The amendment incorporates forbearance orders FCC 19-66 and FCC 19-72, which were released by the Federal Communications Commission in 2019.
TC20-044 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 CenturyLink Communications, LLC (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On July 22, 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 CenturyLink Communications, LLC. The amendment incorporates forbearance orders FCC 19-66 and FCC 19-72, which were released by the Federal Communications Commission in 2019.
TC20-045 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 Level 3 Communications, LLC (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On July 22, 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 Level 3 Communications, LLC. The amendment incorporates forbearance orders FCC 19-66 and FCC 19-72, which were released by the Federal Communications Commission in 2019.
TC20-046 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 Midcontinent Communications (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On July 22, 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 Midcontinent Communications. 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 in each of the above dockets?
2. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC20-010, TC20-011, TC20-013, TC20-014, TC20-015, TC20-023, TC20-027 and TC20-035
TC20-010 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: Joseph Rezac; Commission Attorney: Karen Cremer)
On June 18, 2020, the Commission received an application from 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.
TC20-011 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: Joseph Rezac; Commission Attorney: Adam de Hueck)
On June 18, 2020, 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.
TC20-013 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 22, 2020, 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.
TC20-014 In the Matter of the Request of Venture Communications Cooperative for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391680) (Staff Analyst: Lorena Reichert; Commission Attorney: Adam de Hueck)
On June 22, 2020, the Commission received an application from Venture Communications Cooperative (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.
TC20-015 In the Matter of the Request of Beresford Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391649) (Staff Analyst: Eric Paulson; Commission Attorney: Adam De Hueck)
On June 23, 2020, the Commission received an application from Beresford 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 27, 2020, the Company responded to staff’s data request.
TC20-023 In the Matter of the Request of Fort Randall Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391660) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
On June 26, 2020, the Commission received an application from Fort Randall 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.
TC20-027 In the Matter of the Request of City of Faith Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391653) (Staff Analyst: Lorena Reichert; Commission Attorney: Karen Cremer)
On June 29, 2020, the Commission received an application from 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.
TC20-035 In the Matter of the Request of West River Cooperative Telephone Company Certification Regarding Its Use of Federal Universal Service Support (Study Area 391689) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
On June 30, 2020, 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 15, and July 20, 2020, the Company responded to staff’s data requests.
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. TC20-029 In the Matter of the Application by South Dakota Network, LLC for Approval of Waiver of Switched Access Cost Study (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On June 29, 2020, the Commission received an application by South Dakota Network, LLC (SDN) for approval of a waiver of the requirement to perform a switched access cost study pursuant to ARSD 20:10:27:02. ARSD 20:10:27:07 requires that a carrier’s carrier submit cost data in support of its switched access service tariff no less than once every three years. ARSD 20:10:27:02 provides that the Commission, for good cause shown, may either on its own motion or by application from a carrier’s carrier, temporarily waive or suspend any rule in chapter 20:10:27. SDN requests a waiver of the cost study requirement because (1) SDN has a pending case before the United States Court of Appeals; (2) producing such a study is costly and consumes a great deal of resources; and (3) SDN does not intend to increase access rates at this time. On July 24, 2020, SDN responded to staff’s data request.
TODAY, shall the Commission grant the Waiver of the Switched Access Cost Study? OR how shall the Commission proceed?
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: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards; Amanda Reiss)
On January 24, 2018, the Commission received an Application for a Facility Permit for a wind energy facility from Dakota Range I, LLC, and Dakota Range II, LLC. An evidentiary hearing was held June 12-14, 2018. On July 23, 2018, the Commission issued its Final Decision and Order Granting Permit to Construct Wind Energy Facility (Permit). On January 6, 2020, Northern States Power Company dba Xcel Energy (NSP) filed a Motion for Approval of Transfer of Permit, which the Commission granted on March 9, 2020. On July 31, 2020, NSP filed a letter and Affidavit of Darin Schottler requesting approval of a material change pursuant to Condition 22 of the Permit that will allow the change of turbine models. On August 7, 2020, Commission staff filed a request for Commission review of the material change.
TODAY, shall the Commission approve NSP’s request for a material change and allow the change of turbine models? OR, how shall the Commission proceed?
2. EL18-038 In the Matter of the Complaint of Energy of Utah, LLC and Fall River Solar, LLC Against Black Hills Power Inc. dba Black Hills Energy for Determination of Avoided Cost (Staff Analysts: Jon Thurber, Darren Kearney, Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On September 14, 2018, Energy of Utah and Fall River Solar, LLC (Fall River Solar) filed a Complaint against Black Hills Power Inc. dba Black Hills Energy (BHE) for determination of avoided cost pursuant to the Public Utility Regulatory Policy Act of 1978 (PURPA). The Complaint relates to a planned 80-megawatt solar facility Fall River Solar is developing in Fall River County, South Dakota. BHE filed an answer on October 4, 2018. On March 9, 2020, an Order For and Notice of Evidentiary Hearing on April 14 - 16, 2020, was issued. The procedural schedule was subsequently continued by stipulation of the Parties and due to the COVID-19 pandemic. On June 9, 2020, the Parties filed a Stipulation for Continuance of Procedural Schedule, with an Evidentiary Hearing scheduled for August 5-6, 2020. On July 15, 2020, the Parties filed a Stipulation to Set Aside Procedural Schedule and Continue Pre-Hearing and Administrative Hearing Dates (Stipulation to Continue), citing a desire to work toward a settlement. The Commission granted the Parties’ requested continuance. In the Stipulation to Continue, the Parties stated an intention to present a settlement proposal to the Commission for consideration at the Commission’s August 18, 2020, meeting. The Parties intend to file a Settlement Stipulation and Joint Motion for Approval of Settlement Stipulation prior to August 13, 2020.
TODAY, shall the Commission Grant the Joint Motion for Approval of Settlement Stipulation? OR, how shall the Commission proceed?
3. EL20-023 In the Matter of the Joint Request for an Electric Service Rights Exception between Northern Electric Cooperative, Inc. and Dakota Energy Cooperative, Inc. (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On August 3, 2020, the Commission received a Joint Request for an Electric Service Rights Exception between Northern Electric Cooperative, Inc. (Northern) and Dakota Energy Cooperative, Inc. (Dakota) for Northern to provide three-phase service to a grain bin site owned by Mr. Lenny Peterson. The grain bin site location is Koester Outlot A in NE ¼ Section 3, Township 113 North, Range 64 West of the 5th P.M., Beadle County, South Dakota. The site lies within the service territory of Dakota. However, in 2017 the Commission granted a service rights exception for Northern to serve the prior owner of this property with single-phase service. This petition requests additional authority for Northern to serve this site with three-phase power and to further establish that Northern is allowed to serve this location for all electrical needs now and into the future without limitation.
TODAY, shall the Commission approve the requested service rights exception agreement between Northern Electric Cooperative, Inc. and Dakota Energy Cooperative, Inc.? OR, how shall the Commission proceed?
Gas and Electric
1. GE20-002 In the Matter of Investor Owned Utilities’ Joint Request for Deferred Treatment of the Financial Effects of COVID-19 and the Creation of Regulatory Assets (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson; Staff Attorney: Kristen Edwards)
On May 1, 2020, the Commission received a Joint Request for Deferred Treatment of the Financial Effects of COVID-19 and the Creation of Regulatory Assets from Northern States Power Company dba Xcel Energy, MidAmerican Energy Company, NorthWestern Energy, Otter Tail Power Company, and Montana-Dakota Utilities Company, a Division of MDU Resources Group (collectively, Petitioners). Petitioners seek approval for deferred accounting treatment to allow for the recognition of the costs associated with the response to COVID-19 as a regulatory asset beginning from the date the emergency was declared, March 13, 2020.
TODAY, shall the Commission grant the joint request for deferred accounting treatment of incremental costs incurred associated with the response to COVID-19 and the creation of associated regulatory assets beginning March 13, 2020? OR, how shall the Commission proceed?
Natural Gas
1. NG20-006 In the Matter of the Filing by MidAmerican Energy Company for Renewal of a Contract with Deviations with the University of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On July 30, 2020, MidAmerican Energy Company (MidAmerican) filed for approval to update the expiration date for its Contract with Deviations (Contract) with the University of South Dakota (USD) based on a one-year renewal of the Contract. The Contract entered into between MidAmerican and USD was effective through June 30, 2020, and could be renewed from year-to-year unless terminated by either party. MidAmerican is proposing to update the expiration date of USD’s Contract to June 30, 2021. MidAmerican requests approval with an effective date for the tariff revisions of August 30, 2020.
TODAY, shall the Commission approve MidAmerican Energy Company’s request to update the expiration date for its Contract with Deviations with the University of South Dakota to June 30, 2021, and approve the associated tariff revisions with an effective date of August 30, 2020?
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 comments are requested to sign in at the commission meeting or 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. The next regular commission meeting will be held Tuesday, September 1, 2020, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
2. The PUC office will be closed Monday, September 7, 2020, in observance of the Labor Day holiday.
3. Commission meetings are scheduled for September 15 and 29, 2020.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
August 12, 2020
