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South Dakota Public Utilities Commission Meeting
April 1, 2021, 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 Wednesday, March 31, 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 Meetings Held on March 5 and 16, 2021 (Staff: Macy Jo Murren)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC20-051 In the Matter of the Application of Clear Rate Communications, Inc. for a Certificate of Authority to Provide Local Exchange and Interexchange Services in South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On October 5, 2020, Clear Rate Communications Inc. (Clear Rate) filed an application for a Certificate of Authority to provide local exchange services in South Dakota. On December 1, 2020, Clear Rate filed an application for a Certificate of Authority to provide interexchange services. The company does not intend to offer services in rural territories and will not render pre-paid services that require money in advance of services rendered. On February 5, 2021, Clear Rate responded to staff’s data request. On March 23, 2021, Clear Rate filed supplements to its application and updates to its requested waivers.
TODAY, shall the Commission grant Clear Rate Communications Inc.’s request for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota?
Electric
1. EL19-003 In the Matter of the Application by Crowned Ridge Wind, LLC for a Permit of a Wind Energy Facility in Grant and Codington Counties (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On January 30, 2019, Crowned Ridge Wind, LLC (Crowned Ridge or Applicant) filed an application for a permit to construct a wind energy conversion facility to be located in Grant County and Codington County, South Dakota (Project). Applicant has executed a power purchase agreement with Northern States Power Company (NSP) to sell NSP the full output of the Project. On July 26, 2019, the Commission issued a Final Decision and Order Granting Permit to Construct Facility; Notice of Entry (Permit). On January 9, 2020, the Commission issued an Order Granting Temporary Waiver that approved Crowned Ridge to operate temporarily without low noise trailing edge (LNTE) blade attachments installed on all turbine blades subject to the curtailment of certain turbines and Crowned Ridge conducting post construction noise compliance testing in accordance with Condition 26 of the Permit. On January 15, 2021, Crowned Ridge filed its Sound Level Compliance Evaluation Report. On February 16, 2021, Commission staff (staff) filed a letter and technical report titled Crowned Ridge Wind Final Operational Sound Test Data Review and Assessment (Assessment) completed by staff’s expert witness Mr. David Hessler. At the February 19, 2021, commission meeting, Commissioner Nelson and Commissioner Fiegen requested that Mr. Hessler appear at a future commission meeting to answer questions regarding his Assessment. On March 5, 2021, Mr. Hessler appeared before the commission and answered Commissioner questions. On March 18, 2021, Crowned Ridge filed a Motion for Approval of Mitigation Plan in order to verify compliance with Condition 26 of the Permit.
TODAY, shall the Commission grant the Motion for Approval of Mitigation Plan? Or, how shall the Commission proceed?
2. EL21-004 In the Matter of Otter Tail Power Company’s Petition for Approval of Tariff Revisions to Its LED Lighting Rates (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On February 8, 2021, the Commission received a Petition from Otter Tail Power Company (Otter Tail) requesting approval of (a) new Decorative LED Outdoor Lighting options, (b) new LED Type 2 (Primary Metering) Monthly Charge and (c) language clarification changes in Section 11.07 of Otter Tail’s Electric Rate Schedule (LED Street and Area Lighting Dusk to Dawn). On March 8, 2021, Otter Tail filed a revised petition. Otter Tail requests the tariff revisions be effective May 1, 2021.
TODAY, shall the Commission approve Otter Tail’s tariff revisions with an effective date of May 1, 2021?
3. EL21-006 In the Matter of the Joint Request for an Electric Service Rights Exception between Northern States Power Company dba Xcel Energy and Sioux Valley-Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On February 17, 2021, the Commission received a joint request for approval of service rights exception between Northern States Power Company dba Xcel Energy and Sioux Valley-Southwestern Electric Cooperative Inc dba Sioux Valley Energy. The Agreement will allow Xcel Energy to provide electric service in the assigned territory of Sioux Valley Energy. Xcel Energy intends to provide single phase service by territory exception to a new home in T101N R49W in Minnehaha County, South Dakota. On March 16, 2021, Xcel responded to staff’s data request.
TODAY, shall the Commission approve the requested service rights exception between Northern States Power Company dba Xcel Energy and Sioux Valley-Southwestern Electric Cooperative Inc dba Sioux Valley Energy?
4. EL21-008 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval of Its 2020 Economic Development Report and 2021 Economic Development Plan (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On March 1, 2021, the Commission received an application from Black Hills Power, Inc. dba Black Hills Energy (BHE) requesting approval of its 2020 Economic Development Report and its 2021 Economic Development Plan and Budget. BHE makes this filing in compliance with the settlement stipulation approved in Docket EL14-026. BHE provides actual economic development expenses for 2020 and information regarding the memberships, community sponsorships, and other activities the program supports as well as the 2021 budget and planned economic development activities for the year.
TODAY, shall the Commission approve Black Hills Power, Inc. dba Black Hills Energy’s 2020 Economic Development Report and its 2021 Economic Development Plan?
5. EL21-010 In the Matter of the Joint Request for Service Rights Exception between NorthWestern Corporation dba NorthWestern Energy and Charles Mix Electric Association, Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On March 17, 2021, the Commission received a joint request for approval of service rights exception between NorthWestern Corporation dba NorthWestern Energy (NorthWestern) and Charles Mix Electric Association, Inc. (Charles Mix). The Agreement will allow NorthWestern to provide electric service in the assigned territory of Charles Mix. NorthWestern intends to service pathway lighting in Marty, South Dakota, and would prevent multiple meter charges and extra expense involved in the extra equipment for the customer.
TODAY, shall the Commission approve the requested service rights exception between NorthWestern Corporation dba NorthWestern Energy and Charles Mix Electric Association, Inc.?
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 April 2 and 5, 2021, in observance of Easter.
2. The next regular commission meeting will be Tuesday, April 13, 2021, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
3. Commission meetings are scheduled for April 29 and May 13, 2021.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
March 25, 2021
