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South Dakota Public Utilities Commission Meeting
January 19, 2021, at 1:30 P.M. CST
DOT Commission Room, Becker-Hansen 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 Tuesday, January 19, 2021, 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 January 4, 2021 (Staff: Macy Jo Murren)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Electric
1. EL17-055 In the Matter of the Application by Crocker Wind Farm, LLC for a Permit of a Wind Energy Facility and a 345 kV Transmission Line in Clark County, South Dakota, for Crocker Wind Farm (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On December 15, 2017, Crocker Wind Farm, LLC (Crocker) filed an Application for an energy facility permit and a 345 kV Transmission Line (Project) to construct the Crocker Wind Farm, a wind energy facility located on approximately 29,331 acres of privately owned land in Clark County, South Dakota, approximately 8 miles north of Clark, South Dakota. Following a contested case process, on June 12, 2018, the Commission issued a Final Decision and Order Granting Permit to Construct Facilities (Permit). On September 25, 2018, Crocker filed a South Dakota Energy Facility Permit Act Bond, Bond No. 190040806, in accordance with Condition 9(i) of the Permit. On January 8, 2021, Crocker filed a Motion for Release of Road and Public Infrastructure Restoration Bond that requests an order from the Commission releasing Bond No. 190040806.
TODAY, shall the Commission grant Crocker’s Motion for Release of Road and Public Infrastructure Restoration Bond? Or, how shall the Commission Proceed?
2. EL18-046 In the Matter of the Application of Dakota Range III, LLC for a Permit of a Wind Energy Facility and a 345-kV Transmission Line in Grant and Roberts Counties (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
On October 26, 2018, Dakota Range III, LLC (Dakota Range III) filed an application to construct an approximately 8-mile 345-kilovolt interconnection transmission line and an up-to 151.2-megawatt wind energy conversion facility (Project). The Project will be in Grant County and Roberts County, South Dakota, with the wind portion in an 18,717 acre area. The transmission line will run from the Project’s substation located in section 13 of Blooming Valley Township, outside the public right of way along 455th Avenue, turning east on Farmington Township’s 150th Street to the Otter Tail Power Company switchyard located in section 14 of Mazeppa Township. The Project is expected to have a total of up to 42 wind turbines and associated facilities. On February 22, 2019, the Commission issued an Order Granting Joint Motion of Approval of Settlement Stipulation and Granting Permits to Construct Facilities (Permit). On November 17, 2020, Dakota Range III filed a proposed Escrow Agreement and on January 11, 2021, filed a revised Escrow Agreement.
TODAY, shall the Commission approve the Escrow Agreement filed on January 11, 2021?
3. EL19-012 In the Matter of the Application by Sweetland Wind Farm, LLC for Facility Permits for a Wind Energy Facility and a 230-kV Transmission Facility in Hand County, South Dakota for the Sweetland Wind Farm Project (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorney: Kristen Edwards)
On July 31, 2019, Sweetland Wind Farm, LLC (Applicant) was granted a siting permit (Permit) to construct Sweetland Wind Farm, a wind energy facility located on approximately 20,979 acres of land in Hand County, South Dakota, and a 230-kV transmission line (Project). The total installed capacity of the Project would be approximately 200 MW nameplate capacity. The Project includes up to 71 wind turbine generators. Condition 35 of the Permit requires Applicant to undertake two years of independently conducted post-construction avian and bat mortality monitoring for the Project. Condition 44 allows for requests for exemptions from Permit terms and conditions. On January 8, 2021, Applicant filed a Motion for Exemption from Settlement Stipulation Condition No. 35. If granted, the exemption would require that Applicant provide funding for a 3-year prairie grouse telemetry study at the Project in lieu of conducting a second year of post-construction avian mortality monitoring.
TODAY, shall the Commission grant the Applicant’s Motion for Exemption from Settlement Stipulation Condition No. 35? OR, how shall the Commission proceed?
4. EL20-013 In the Matter of the Application by Meridian Wind Project, LLC for a Permit of a Wind Energy Facility and a 345-kV Transmission Facility in Hyde County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Kristen Edwards)
On April 23, 2020, the Commission received an Application for a Facility Permit (Application) from Meridian Wind Project, LLC (Meridian or Applicant). Meridian proposes to construct a wind energy conversion facility and an 8.9-mile, 345-kV transmission line to be located in Hyde County, South Dakota (Project). The Project would be situated within approximately 15,043-acres in the townships of Van Order, Eagle, Chapelle, Highmore, and Bramhall, South Dakota. The total installed capacity of the Project would not exceed 175 megawatts (MW) of nameplate capacity. The proposed Project includes up to 64 wind turbine generators, access roads to turbines and associated facilities, underground 34.5-kV electrical collector lines, underground fiber-optic cable, a 34.5-kV to 345-kV collection substation, and one permanent meteorological tower. On January 7, 2021, Meridian filed a Motion to Withdraw Application.
TODAY, shall the Commission grant Applicant’s Motion to Withdraw Application and close the docket? 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 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. A show cause hearing for the following dockets will be held Thursday, January 14, 2021, at 3:00 p.m. CST in the Floyd Matthew Training Center in the Foss Building, 523 E. Capitol Avenue, Pierre, South Dakota.
• TC20-053 - In the Matter of American Telecommunications Systems, Inc.’s Failure to Timely Pay the Gross Receipts Tax
• TC20-054 - In the Matter of DataBytes Inc.’s Failure to Timely Pay the Gross Receipts Tax
• TC20-055 - In the Matter of Peerless Network of South Dakota, LLC’s Failure to Timely Pay the Gross Receipts Tax
• TC20-056 - In the Matter of Stream Communications’ Failure to Timely Pay the Gross Receipts Tax
• TC20-057 - In the Matter of STS Media Inc. dba FreedomPop’s Failure to Timely Pay the Gross Receipts Tax
• TC20-058 - In the Matter of The Light Phone’s Failure to Timely Pay the Gross Receipts Tax
• TC20-059 - In the Matter of WaveNation LLC’s Failure to Timely Pay the Gross Receipts Tax
2. PUC commissioners and staff will meet with representatives of the Midcontinent Independent System Operator via Webex video conference on Wednesday, January 27, 2021, at 1:30 p.m. CST. The agenda is to discuss long range transmission planning, cost allocation and a joint MISO/Southwest Power Pool Study.
3. The next regular commission meeting will be Tuesday, February 2, 2021, at 1:30 p.m. CST in the Floyd Matthew Training Center in the Foss Building, 523 E. Capitol Avenue, Pierre, South Dakota.
4. Commissioners will virtually attend the National Association of Regulatory Utility Commissioners’ Winter Policy Summit, February 4-5, and 8-11, 2021.
5. Commission meetings are scheduled for February 19 and March 5, 2021.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
January 12, 2021
