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South Dakota Public Utilities Commission Meeting
May 25, 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 Monday, May 24, 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 April 29, 2021 (Staff: Macy Jo Murren)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC21-015 In the Matter of the Approval of an Unbundled Network Elements (UNEs) – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Wide Voice, LLC for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On April 27, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Wide Voice, LLC. The amendment incorporates forbearance orders FCC 19-66 and FCC 19-72, which were released by the Federal Communications Commission in 2019.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
2. TC21-016 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Wide Voice, LLC for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On April 27, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of the FCC Modernizing Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Wide Voice, LLC.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
Electric
1. EL21-012 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Its 2021 Economic Development Plan and 2020 Economic Development Report (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On March 31, 2021, the Commission received an application from NorthWestern Corporation dba NorthWestern Energy (NorthWestern) requesting approval of its 2020 Economic Development Report and 2021 Economic Development Proposed Budget. On May 12, 2021, Northwestern responded to staff’s data request.
TODAY, shall the Commission approve NorthWestern Energy’s 2020 Economic Development Report and 2021 Economic Development Plan?
2. EL21-013 In the Matter of the Filing by Northern States Power Company dba Xcel Energy for Approval of Revised Welcome Brochures (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On April 29, 2021, Northern States Power Company dba Xcel Energy (Xcel) filed revised welcome brochures for Commission approval. The welcome brochure is furnished to each new South Dakota customer per ARSD 20:10:16:02. The residential and business brochure was redesigned to improve the customer experience while still including the required information outlined within the rule. On May 17, 2021, Xcel filed updates to the revised welcome brochures.
TODAY, shall the Commission approve the revised welcome brochures?
Grain Warehouse
1. GW21-001 In the Matter of the PUC Staff’s Complaint Against Fearless Grain Marketing, LLC and Jeremey Frost (Grain Warehouse Manager: Cody Chambliss; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On March 31, 2021, PUC staff filed with the Commission a Complaint and Request for Injunction against Fearless Grain Marketing, LLC (Fearless) and Jeremey Frost regarding actions constituting operation as a grain buyer without a license. On May 13, 2021, the parties filed a Joint Motion for Approval of Stipulation and Settlement Agreement. The Settlement agreement would impose a fine of $20,000, which Fearless has agreed to pay.
TODAY, shall the Commission grant the Joint Motion for Approval of Stipulation and Settlement Agreement?
Natural Gas
1. NG21-002 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Its 2021 Economic Development Plan and 2020 Economic Development Report (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On March 31, 2021, the Commission received an application from NorthWestern Corporation dba NorthWestern Energy (NorthWestern) requesting approval of its 2020 Economic Development Report and 2021 Economic Development Proposed Budget. On May 12, 2021, Northwestern responded to staff’s data request.
TODAY, shall the Commission approve NorthWestern Energy’s 2020 Economic Development Report and 2021 Economic Development Plan?
Pipeline Safety
1. PS21-002 PUC Staff’s Request for Additional Waiver of Certain Code Requirements Identified in PHMSA Amendment 192-128 (Pipeline Safety Program Manager: Mary Zanter; Staff Attorney: Kristen Edwards)
On May 18, 2021, staff filed a letter requesting an additional waiver of certain code requirements identified in Pipeline and Hazardous Materials Safety Administration Amendment 192-128. The requested waiver is in addition to those granted by the Commission in Docket No. PS21-001. The waiver requested in this docket is for 49 CFR 192.1009.
TODAY, shall the Commission grant the waiver of 49 CFR 192.1009 as requested by staff?
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 Monday, May 31, 2021, in observance of Memorial Day.
2. The next regular commission meeting will be Thursday, June 10, 2021, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
3. Commission meetings are scheduled for June 22 and July 6, 2021.
/s/Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
May 19, 2021
