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South Dakota Public Utilities Commission Meeting
October 28, 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 Tuesday, October 27, 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 the Minutes of the Commission Meeting Held on October 13, 2020 (Staff: Macy Jo Murren)

Consumer Reports

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

Telecommunications

1.      TC20-047        In the Matter of CenturyLink QC's Petition for Elimination of the Qwest Performance Assurance Plan and Performance Indicator Definitions (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

         On July 31, 2020, the Commission received a petition from Qwest Corporation dba CenturyLink QC (CenturyLink) requesting approval to eliminate the Qwest Performance Assurance Plan (PAP) and Performance Indicator Definitions (PID) and modify all existing interconnection agreements that currently contain the PAPs and PIDs to incorporate these revisions. CenturyLink claims the services covered by the PAPs and PIDs have declined as the FCC has reduced the unbundled network elements Regional Bell Operating Companies (RBOCs) such as CenturyLink are required to offer CLECs, and as a result, payments to CLECs under the PAP have dwindled to less than $200 for all CLECs combined in South Dakota. CenturyLink further claims that the PAPs and PIDs have served their purpose and the elimination would be just, reasonable, and not contrary to the public interest, and that the request has been unopposed. On October 19, 2020, CenturyLink filed responses to staff’s data requests.

         TODAY, shall the Commission approve CenturyLink’s request to eliminate its Performance Assurance Plan and Performance Indicator Definitions? AND, shall the Commission deem all existing interconnection agreements that currently contain the Performance Assurance Plan and Performance Indicator Definitions be modified to incorporate these revisions, effective December 1, 2020, without further filings and approvals?

Electric

1.      EL18-019        In the Matter of the Application of Crowned Ridge Wind II, LLC for a Facility Permit to Construct a 230-kV Transmission Line and Associated Facilities in Codington County (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)

         On April 11, 2018, the Commission received a facility permit application from Crowned Ridge Wind II, LLC (Crowned Ridge II). Crowned Ridge II proposes to construct an approximately 7-mile 230-kilovolt generation tie line and associated substation facilities (Project) that will connect the 300-megawatt Crowned Ridge Wind II facility to the Crowned Ridge Wind facility collector substation. The generation tie line will be located in Codington County, South Dakota. On February 5, 2019, the Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation; Order Granting Permit to Construct a Transmission Line and Associated Facilities; Notice of Entry (Permit). On October 19, 2020, Northern States Power Company dba Xcel Energy (NSP) filed a Motion for Approval of Transfer of Permit, requesting that the Permit be transferred to NSP upon closing on the sale of the Project to NSP.

         TODAY, shall the Commission grant NSP’s Motion for Approval of Transfer of Permit? Or, how shall the Commission proceed?

2.      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 (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)

         On July 9, 2019, the Commission received an Application for a Wind Energy Facility Permit (Application) from Crowned Ridge Wind II, LLC (CRW II), a subsidiary of NextEra Energy Resources, LLC. CRW II proposes to construct a wind energy facility to be located in Codington, Deuel and Grant counties, South Dakota (Project). The Project is located in Waverly, Kranzburg North, Kranzburg South, Troy, Rome, Goodwin, and Havana townships. The total installed capacity of the Project would be approximately 301 megawatts of nameplate capacity. CRW II has executed a purchase and sale agreement with Northern States Power Company dba Xcel Energy (NSP) to sell NSP the Project upon commercial operation. On April 6, 2020, the Commission issued its Final Decision and Order Granting Permit to Construct Facility; Permit Conditions; Notice of Entry (Permit). On October 19, 2020, NSP filed a Motion for Approval of Transfer of Permit, requesting the Permit ownership be transferred to NSP upon closing on the sale of the Project to NSP.

         TODAY, shall the Commission grant NSP’s Motion for Approval of Transfer of Permit? Or, how shall the Commission proceed?

Natural Gas

1.      NG20-008       In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Refund Plan regarding Northern Natural Gas Interim Rate Refund (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

         On October 16, 2020, the Commission received a filing from NorthWestern Corporation dba NorthWestern Energy (NorthWestern). This filing proposes to return customer funds that NorthWestern has received from the Northern Natural Gas (NNG) interim rate refund. The refund amount due to the NNG refund is $771,024.72. NorthWestern will credit the refund to customers’ PGA for all PGA customers. Also, Rate 84 customers’ demand is charged outside of the PGA and Rate 84 customers will therefore be refunded based on their demand. NorthWestern seeks approval on less than 30 days’ notice with an effective date of November 2, 2020.

TODAY, shall the Commission approve the proposed refund effective November 2, 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.   Commissioners will virtually attend the National Association of Regulatory Utility Commissioners’ Annual Meeting and Education Conference, November 5-6 and 9-11, 2020.

2.   The PUC office will be closed Wednesday, November 11, 2020, in observance of the Veterans Day holiday.

3.   The next regular commission meeting will be Thursday, November 12, 2020, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.

4.   Commissioners and staff will virtually attend the South Dakota Telecommunications Association annual conference, Thursday, November 12, 2020.

5.   Commission meetings are scheduled for November 24 and December 9, 2020.

 

 /s/Cindy Kemnitz             .

Cindy Kemnitz
Finance Manager
puc@state.sd.us
October 21, 2020