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South Dakota Public Utilities Commission Meeting
May 13, 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, May 12, 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
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC21-010 In the Matter of Alliance Communications Cooperative, Inc. dba Alliance Communications Application for Expanded Designation as an Eligible Telecommunications Carrier (Staff Attorney: Kristen Edwards; Staff Analyst: Joseph Rezac)
On March 9, 2021, the Commission received an application from Alliance Communications Cooperative, Inc. dba Alliance Communications (Alliance) requesting designation as an Eligible Telecommunications Carrier pursuant to 47 U.S.C. §214(e)(l)-(2), SDCL § 49-31-78, ARSD 20:10:32:42-43 in all census blocks in which it was awarded Rural Digital Opportunity Fund (RDOF) Phase 1 support as shown in Exhibit A. Alliance has been awarded RDOF support for 216 locations in South Dakota. On April 22, 2021, Alliance responded to staff’s first data request. On April 27, 2021, Alliance filed a Revised Exhibit B.
TODAY, shall the Commission approve Alliance Communications’ application for expanded designation as an Eligible Telecommunications Carrier for the RDOF census blocks as listed in Exhibit A of the Application? AND, shall the Commission grant Alliance Communications’ request to waive the two-year plan requirement found in ARSD 20:10:32:43.02? AND, shall the Commission grant Alliance Communications’ request for Lifeline Only ETC designation in the areas shown on Revised Exhibit B? OR how shall the Commission Proceed?
2. TC21-011 In the Matter of Interstate Telecommunications Cooperative, Inc. Application for Expanded Designation as an Eligible Telecommunications Carrier (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On March 9, 2021, the Commission received an application from Interstate Telecommunications Cooperative, Inc. (ITC) requesting designation as an Eligible Telecommunications Carrier pursuant to 47 U.S.C. §214(e)(l)-(2), SDCL § 49-31-78, ARSD 20:10:32:42-43 in all census blocks in which it was awarded Rural Digital Opportunity Fund (RDOF) Phase 1 support as shown in Exhibit A and on a map in Exhibit B. On April 1, 2021, ITC responded to staff’s first data request. On May 6, 2021, ITC responded to staff’s second data request.
TODAY, shall the Commission approve Interstate Telecommunications Cooperative, Inc.’s application for designation as an Eligible Telecommunications Carrier for the areas shown on Exhibit A of the application? AND, shall the Commission grant Interstate Telecommunications Cooperative, Inc.’s request to waive the two-year plan requirement found in ARSD 20:10:32:43.02?
3. TC21-020 In the Matter of the Filling by Midcontinent Communications dba Midco for Approval of Waiver of the Utilization Threshold Requirements in Sioux Falls, South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On May 6, 2021, Midcontinent Communications dba Midco (Midco) filed for a waiver of the utilization threshold requirements outlined in FCC’s Number Resource Optimization Orders, FCC 00-429 and FCC 01-362 released in CC Docket No. 99-200, which would allow PA/Somos, the Number Pooling Administrator, to assign a new Code of 2,000 numbers to Midco to fulfill a customer request in the Sioux Falls Rate Center.
TODAY, shall the Commission approve the request for Waiver of Utilization Threshold Requirements?
Electric
1. 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 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. 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 30, 2020, the Commission issued an Order Granting Motion for Approval of Transfer of Permit and Approving Transfer of Permit in which ownership of CRW II was transferred to Northern States Power Company dba Xcel Energy (NSP). NSP received sound complaints at three non-participating residences following commercial operation, and voluntarily agreed to conduct field surveys and provide monitoring data verifying compliance with specified noise levels in accordance with Condition 26 of the Permit. On May 4, 2021, NSP filed a Post-Construction Sound Monitoring Protocol for testing that is scheduled to begin the week of May 24, 2021.
TODAY, shall the Commission approve the Post-Construction Sound Monitoring Protocol? OR, how shall the Commission proceed?
2. EL21-016 In the Matter of Black Hills Power, Inc., dba Black Hills Energy’s Petition for Approval for Deferred Accounting Treatment for February Cold Weather Costs (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)
On May 3, 2021, the Commission received a petition from Black Hills Power, Inc., dba Black Hills Energy (Black Hills) requesting approval of deferred accounting treatment and the creation of a regulatory asset for its February cold weather costs. Black Hills states in its petition that if the request is approved by the Commission, Black Hills Power will: 1) defer recognition of these costs; 2) recover the regulatory asset account over a 12-month period beginning on June 1, 2021, and ending on May 31, 2022; and 3) apply a carrying charge of 1.35%, which is well below the 7% rate authorized through the Electric Cost Adjustment (ECA) Commodity Balancing Account. Black Hills claims the proposal will save customers approximately $600,000 in carrying costs. Black Hills expects to file a tariff sheet by May 7, 2021, with a requested effective date of June 1, 2021.
TODAY, shall the Commission grant the request for deferred accounting treatment of February cold weather costs and the creation of the associated regulatory asset? AND, shall the Commission approve the associated tariff sheet with an effective date of June 1, 2021?
Items for Commission Discussion
Commission staff has requested a discussion on the need for a permit condition specific to wind farms; that condition would require future projects to provide periodic progress reports. For wind farms previously permitted, staff seeks to implement a similar voluntary request among certain projects identified as susceptible to falling behind in updating and providing information. For purposes of properly regulating permitted projects and auditing conditional milestones, periodic reports would be beneficial.
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 Tuesday, May 25, 2021, 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, May 31, 2021, in observance of Memorial Day.
3. Commission meetings are scheduled for June 10 and 22, 2021.
/s/Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
May 7, 2021
