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South Dakota Public Utilities Commission Meeting
June 22, 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, June 21, 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 May 25, 2021 (Staff: Macy Jo Murren)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC21-021 In the Matter of the Filing by Metropolitan Telecommunications of South Dakota, Inc. dba MetTel for Approval of Revisions to its Access Services Tariff No. 3 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On May 6, 2021, the Commission received a filing by Metropolitan Telecommunications of South Dakota, Inc. dba MetTel for approval of revisions to its Access Services Tariff No. 3. The purpose of this filing is to bring MetTel’s tariff into compliance with the Federal Communications Commission’s October 9, 2020, Report and Order in WC Docket No. 18-156, FCC Release No. 20-143. MetTel requests an effective date for the revisions of July 1, 2021.
TODAY, shall the Commission approve the requested tariff changes?
2. TC21-023 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Nebraska Technology and Telecommunications Inc. for the State of South Dakota (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On May 7, 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 Quest Corporation dba CenturyLink QC and Nebraska Technology and Telecommunications Inc. for the State of South Dakota.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
3. TC21-025 In the Matter of the Filing of Intrado Communications, LLC for Approval of Its Access Services Tariff No. 2 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On May 19, 2021, the Commission received a filing from Intrado Communications, LLC (Intrado) for approval of its initial South Dakota access services tariff. On June 11 and 15, 2021, Intrado filed revised tariffs.
TODAY, shall the Commission approve the proposed Access Services Tariff No. 2?
4. TC21-028 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Midcontinent Communications for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On May 21, 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 Midcontinent Communications, Inc.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
5. TC21-029 In the Matter of the Filing of Qwest Corporation dba CenturyLink QC for Approval of Revisions to Its Access Service Tariff (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On May 21, 2021, the Commission received a filing by Qwest Corporation dba CenturyLink QC for approval of revisions to its Access Service Tariff. This filing proposes the first step in implementing the 8YY Access Service reductions mandated in the Federal Communications Commission’s October 9, 2020, Report and Order in WC Docket No. 18-156, FCC Release No. 20-143. CenturyLink QC requests an effective date of July 1, 2021.
TODAY, shall the Commission approve the requested tariff changes?
6. TC21-033 In the Matter of the Approval of Resale Forbearance Amendment to the Resale Agreement between Qwest Corporation dba CenturyLink QC and InTTec, Inc. for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On May 25, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a Resale Requirements Amendment to the Resale Agreement between Qwest Corporation dba CenturyLink QC and InTTec, Inc.
TODAY, shall the Commission approve the amendment to the resale agreement?
7. TC21-035 In the Matter of the Filing by Local Exchange Carriers Association for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On June 1, 2021, the Commission received a filing by Local Exchange Carriers Association (LECA) for approval of revision to its Access Services Tariff No. 1. This filing brings LECA’s tariff into compliance with the Federal Communications Commission’s Report and Order in WC Docket No. 18-156, FCC Release No. 20-143, issued October 9, 2020. In addition, the filing also deletes LECA’s transitional rates and updates the issuing carriers under the LECA tariff, for issuing carriers that were recently involved in mergers. The requested effective date is July 1, 2021.
TODAY, shall the Commission approve the requested tariff changes?
Complaint
1. CE21-001 In the Matter of the Complaint filed by Ann Marie Jordan, against Historic Log Cabins, Hot Springs, SD Regarding an Electric Service Dispute (Consumer Affairs Manager: Deb Gregg; Staff Analyst: Patrick Steffensen: Staff Attorneys: Kristen Edwards, Amanda Reiss)
On March 22, 2021, the Commission received a formal complaint regarding the electric billing practices of the Respondent, Historic Log Cabins. On June 3, 3021, Respondent filed a letter notifying the Commission that they would discontinue billing for electricity.
TODAY, how shall the Commission proceed?
Electric
1. EL17-042 In the Matter of the Application of Otter Tail Power Company for an Energy Conversion Facility Permit for the Construction of a Combustion Turbine Generator and Associated Infrastructure Including a Natural Gas Pipeline and Electric Transmission Line near Astoria, South Dakota (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On October 5, 2017, Otter Tail Power Company (Otter Tail) filed an Application for permit to construct an approximate 250 megawatt simple-cycle natural gas fired energy conversion facility and related components known as the Astoria Station Project (Project). The Project includes less than 1,000 feet long of approximately 10-inch diameter natural gas pipeline on Otter Tail property necessary to interconnect to the Northern Border Pipeline and less than one-half mile of 345-kilovolt (kV) electric transmission line necessary to interconnect to the Big Stone South-Brookings County 345-kV electric transmission line. The Project is located in the N 1/2 of Section 22, Township 113N, Range 48W, Scandinavia Township, Deuel County, approximately one and one-half miles northwest of Astoria, South Dakota. On August 3, 2018, the Commission issued an Order Granting Permit to Construct Energy Conversion Facility (Permit). On April 1, 2019, Otter Tail filed a South Dakota Energy Facility Permit Act Bond, Bond No. 190041721, in accordance with Condition 12(g) of the Permit. On May 27, 2021, Otter Tail filed a Motion for Release of Road and Public Infrastructure Restoration Bond that requests an order releasing the bond posted by Otter Tail for the Project.
TODAY, shall the Commission grant Otter Tail’s Motion for Release of Road and Public Infrastructure Restoration Bond? Or, how shall the Commission proceed?
2. EL21-011 In the Matter of the Application of Black Hills Power, Inc., dba Black Hills Energy to Amend its Cogeneration and Small Power Production Service Tariff (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)
On March 19, 2021, the Commission received an application from Black Hills Power, Inc., dba Black Hills Energy (Black Hills) requesting approval to amend its existing Cogeneration and Small Power Production Service Tariff to become its QF Service Tariff. Black Hills states this amendment will put in place conditions of service for customers installing behind-the-meter generation that are fair for all Black Hills customers. Black Hills proposes the revised rates and terms of service be effective for qualifying generation facilities placed into operation on or after June 1, 2021, and that existing customers with qualifying facilities be exempt from the terms of the amended QF Service Tariff until May 31, 2041. On June 9, 2021, staff filed a Motion for Procedural Schedule requesting, among other deadlines, that an evidentiary hearing be held November 16-18, 2021.
TODAY, shall the Commission grant staff’s Motion for Procedural Schedule? OR, how shall the Commission proceed?
3. EL21-015 In the Matter of Otter Tail Power Company’s 2020 South Dakota Energy Efficiency Plan Status Report and 2021 Annual Filing to Update the Energy Efficiency Adjustment Rider (Staff Analyst: Patrick Steffensen, Staff Attorney: Kristen Edwards)
On May 3, 2021, Otter Tail Power Company (Otter Tail) filed its 2020 Energy Efficiency Plan Status Report and 2021 Annual Filing to update the Energy Efficiency Adjustment Rider. Specifically, Otter Tail requests that the Commission approve its 2020 Status Report, the 2020 financial incentive of $209,700, and its proposal that the Energy Efficiency Adjustment Factor remain at $0.00195/kWh for July 2021 through June 2022. On June 11, 2021, Otter Tail filed responses to staff’s data requests.
TODAY, shall the Commission approve Otter Tail Power Company’s 2020 Energy Efficiency Plan Status Report? AND, shall the Commission approve the 2020 Financial Incentive of $209,700? AND, shall the Commission approve the proposal that the Energy Efficiency Adjustment Factor remain at $0.00195/kWh for July 2021 through June 2022?
Natural Gas
1. NG21-003 In the Matter of the Filing by MidAmerican Energy Company for Approval of Its 2020 Economic Development Activities and 2021 Proposed Budget (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On May 6, 2021, MidAmerican Energy Company (MidAmerican) filed its 2020 Economic Development Activities and Proposed 2021 Budget for Commission approval. The filing included MidAmerican’s report on 2020 economic development activities, actual expenses for 2020, and the planned budget for 2021. On June 8, 2021, MidAmerican responded to staff’s data request and filed a corrected 2020 Economic Development Activities and 2021 Proposed Budget and corrected invoices.
TODAY, shall the Commission approve MidAmerican Energy Company’s 2020 Economic Development Activities and 2021 Proposed Budget?
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 Monday, July 5, 2021, in observance of Independence Day.
2. The next regular commission meeting will be Tuesday, July 6, 2021, at 2:00 p.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
3. Commissioners will attend the National Association of Regulatory Utility Commissioners’ Summer Policy Summit, July 18-21, 2021, at the Sheraton Denver Downtown Hotel, Denver, Colorado.
4. Commission meetings are scheduled for July 22 and August 3, 2021.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
June 15, 2021
