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South Dakota Public Utilities Commission Meeting
November 24, 2020, at 9:30 A.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 5:00 p.m. CST on Monday, November 23, 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
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. In the Matter of the Failure of Certain Telecommunications Companies to Timely Pay their Gross Receipts Tax (Finance Manager: Cindy Kemnitz)
The following companies have failed to timely pay their gross receipts tax as required by SDCL 49-1A:
American Telecommunications System Inc.
Associated Network Partners Inc. (ANPI)
B & R Electronics dba Communications Center
Broadvox – CLEC LLC
DataBytes Inc.
Neutral Tandem-South Dakota, LLC
Onvoy LLC
Onvoy Spectrum LLC
Peerless Network of South Dakota, LLC
Soehl Electronics Inc. dba Vantek Communications
Stream Communications
STS Media Inc. dba FreedomPop
The Light Phone
Wave Nation LLC
TODAY, shall the Commission issue an Order to Show Cause as to why the Commission should not fine, and/or suspend or revoke the Certificates of Authority of each of these companies for failure to pay the requisite gross receipts tax?
Electric
1. EL19-007 In the Matter of the Application by Triple H Wind Project, LLC for a Permit of a Wind Energy Facility in Hyde County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber, Joseph Rezac; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On February 6, 2019, Triple H Wind Project, LLC (Triple H) filed for a permit to construct the Triple H Wind Project (Project), a wind energy facility located on approximately 27,247 acres of land in Hyde County, South Dakota, approximately 3.2 miles southwest of Highmore, South Dakota. The total installed capacity of the Project would not exceed 250.24 MW nameplate capacity. The Project would interconnect to the existing Leland Olds to Fort Thompson transmission line via a new 500-foot transmission interconnection line within the Project area. On July 24, 2019, the Commission issued a Final Decision and Order Granting Permit to Construct Facility; Notice of Entry with Permit Conditions (Permit). As required by Condition 40 of the Permit, Triple H filed an Escrow Agreement on November 2, 2020. This matter was deferred at the November 12, 2020, Commission meeting.
TODAY, shall the Commission approve the Escrow Agreement? OR, how shall the Commission proceed?
2. EL20-018 In the Matter of the Application by Wild Springs Solar, LLC for a Permit of a Solar Energy Facility in Pennington County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
On May 15, 2020, the Commission received an Application for a Facility Permit (Application) from Wild Springs Solar, LLC (Wild Springs or Applicant), a wholly owned subsidiary of Geronimo Energy, LLC. Wild Springs proposes to construct a solar energy facility to be located in Pennington County, South Dakota (Project). The Project would be situated within approximately 1,499 acres and located approximately ½ mile south of New Underwood, South Dakota. The total installed capacity of the Project would not exceed 128 megawatts (MW) of nameplate capacity. The Project is expected to be completed in 2022. Applicant estimates the total cost of the Project to be $190 million. On July 14, 2020, the Commission received an application for party status for the Bundorf Family Trust and on July 28, 2020, the Commission issued an Order Granting Party Status to the Bundorf Family Trust. On August 6, 2020, the Commission issued an Order Adopting Procedural Schedule. On November 12, 2020, the Commission granted the parties’ Joint Motion for Approval of Settlement Stipulation resolving all issues between the parties except for the appropriate decommissioning financial assurance, granted Wild Springs’ Motion to Have Witnesses, Representatives, and Counsel Appear via Video Conference or Telephonically, and deferred Wild Springs’ Motion for Approval of Decommissioning Condition to the November 24, 2020, Commission meeting.
TODAY, shall the Commission grant Wild Springs’ Motion for Approval of Decommissioning Condition? OR how shall the Commission proceed?
3. EL20-022 In the Matter of the filing by Otter Tail Power Company regarding its 2021-2023 Energy Efficiency Partnership Triennial Plan (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On July 1, 2020, the Commission received a filing from Otter Tail Power Company (Otter Tail) requesting approval of its proposed 2021-2023 Energy Efficiency Partnership Triennial Plan (EEP). Otter Tail’s proposed EEP continues certain cost-effective energy efficiency projects included in its current plan, as well as includes three new residential projects and one new commercial project. Otter Tail proposes a 2021 EEP budget of $775,000 and 2022 and 2023 EEP budgets of $525,000. Otter Tail proposes to continue the fixed percentage incentive of 30% of actual EEP expenses, capped at 30% of the proposed budget.
TODAY, shall the Commission approve Otter Tail Power Company’s 2021-2023 Energy Efficiency Partnership Triennial Plan?
4. EL20-027 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy to Terminate the Energy Efficiency Solutions Adjustment Rate Tariff and Energy Efficiency Solutions Adjustment Rate Commodity Balancing Account (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On October 1, 2020, Black Hills Power, Inc. dba Black Hills Energy (BHP) filed for approval of a termination to its Energy Efficiency Solutions Adjustment (EESA) rates and associated Commodity Balancing Account. BHP requests approval to remove its EESA rates and tariff effective December 1, 2020. BHP also filed its Energy Efficiency Plan Status Report for Program Year 2019 and Balancing Account for Program Year 2019.
TODAY, shall the Commission approve the Energy Efficiency Solutions Adjustment Status Report for Program Year 2019? AND, shall the Commission approve the balancing account for Program Year 2019? AND, shall the Commission approve the proposed tariff revisions? OR, how shall the Commission proceed?
5. EL20-031 In the Matter of the Joint Request for Approval of an Amended Electric Service Territory Boundary Agreement between Black Hills Electric Cooperative, Inc. and Black Hills Power, Inc. dba Black Hills Energy (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On October 29, 2020, the Commission received a joint request from Black Hills Electric Cooperative, Inc. and Black Hills Power, Inc. dba Black Hills Energy requesting to modify territory lines in several spots across both system in order to benefit future customers due to the placement of current facilities. On November 16, 2020, updated maps and legal description were filed.
TODAY, shall the Commission approve the Amended Service Territory Boundary Agreement?
Natural Gas
1. NG20-010 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of its Refund Plan regarding Its Recovery of Manufactured Gas Plant Site Remediation Costs (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On October 23, 2020, the Commission received a filing from NorthWestern Corporation dba NorthWestern Energy (NorthWestern) for approval of its refund plan regarding its recovery of the manufactured gas plant (MGP) site remediation costs. The purpose of this filing is to update the refund mechanism established in docket NG16-010 where NorthWestern credited customers an over-collection related to MGP remediation allowed in docket NG11-003. The credit rate was subsequently adjusted in dockets NG16-010, NG17-015, NG18-015, and NG19-009. With two months remaining in the current refund plan, the over-recovered balance is $733,675. NorthWestern has refunded approximately $1.9 million in the first ten months of the current plan, however, actual remediation costs are lower than the amount recovered through the tracker. NorthWestern proposes to continue the refund plan for an additional 12 months at lower credit rates than are currently in effect. NorthWestern proposes a December 1, 2020, effective date for the new credit rates.
TODAY, shall the Commission approve NorthWestern Energy’s refund plan regarding its recovery of Manufactured Gas Plant Site remediation costs with an effective date of December 1, 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 PUC office will be closed November 26-27, 2020, in observance of the Thanksgiving holiday.
2. The next regular commission meeting will be Wednesday, December 9, 2020, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.
3. Commission meetings are scheduled for December 22, 2020, and January 4, 2021.
/s/Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
November 17, 2020
