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South Dakota Public Utilities Commission Meeting
August 3, 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, August 2, 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. TC21-012 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and CenturyLink Communications LLC (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On March 31, 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 CenturyLink Communications LLC. On July 13, 2021, CenturyLink filed a letter regarding Replacement Amendment to the Agreement.
TODAY, shall the Commission approve the replacement amendment to the interconnection agreement?
2. TC21-013 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Level 3 Communications LLC (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On March 31, 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 Level 3 Communications LLC. On July 13, 2021, CenturyLink filed a letter regarding Replacement Amendment to the Agreement.
TODAY, shall the Commission approve the replacement amendment to the interconnection agreement?
3. 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. On July 13, 2021, CenturyLink filed a letter regarding Replacement Amendment to the Agreement.
TODAY, shall the Commission approve the replacement amendment to the interconnection agreement?
4. TC21-019 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Peerless Network of South Dakota, LLC for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On May 5, 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 Peerless Network of South Dakota, LLC. On July 13, 2021, CenturyLink filed a letter regarding Replacement Amendment to the Agreement.
TODAY, shall the Commission approve the replacement amendment to the interconnection agreement?
5. TC21-024 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Northern Valley Communications, LLC for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On May 19, 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 Northern Valley Communications, LLC. On July 13, 2021, CenturyLink filed a letter regarding Replacement Amendment to the Agreement.
TODAY, shall the Commission approve the replacement amendment to the interconnection agreement?
6. TC21-031 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and MCImetro Access Transmission Services LLC for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On May 24, 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 MCImetro Access Transmission Services LLC. On July 19, 2021, CenturyLink filed a letter regarding Replacement Amendment to the Agreement.
TODAY, shall the Commission approve the replacement amendment to the interconnection agreement?
7. TC21-039 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and XO Communications Services, LLC for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On June 9, 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 XO Communications Services, LLC. On July 13, 2021, CenturyLink filed a letter regarding Replacement Amendment to the Agreement.
TODAY, shall the Commission approve the replacement amendment to the interconnection agreement?
8. TC21-086 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Teleport Communications America, LLC (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On July 8, 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 Teleport Communications America, LLC. On July 19, 2021, CenturyLink filed a replacement Amendment to the Interconnection Agreement containing an updated Exhibit A.
TODAY, shall the Commission approve the Amendment to the Interconnection Agreement?
9. TC21-089 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and AT&T Corporation (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On July 8, 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 (CenturyLink) and AT&T Corporation. On July 19, 2021, CenturyLink filed a replacement Amendment to the Interconnection Agreement containing an updated Exhibit A.
TODAY, shall the Commission approve the Amendment to the Interconnection Agreement?
10. TC21-091 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Spectrotel, Inc. dba OneTouch Communications dba Touch Base Communications (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On July 9, 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 Spectrotel, Inc. dba OneTouch Communications dba Touch Base Communications. On July 19, 2021, CenturyLink filed a letter regarding Replacement Amendment to the Agreement.
TODAY, shall the Commission approve the replacement amendment to the interconnection agreement?
11. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC21-047, TC21-049, TC21-052, TC21-053, TC21-054, TC21-061, TC21-066, TC21-067
TC21-047 In the Matter of the Request of Valley Telecommunications Cooperative Association, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391685) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
On June 21, 2021, the Commission received an application from Valley Telecommunications Cooperative Association, Inc. (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company.
TC21-049 In the Matter of the Request of TrioTel Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: McCook 391669 and Tri-County Telecom 391682) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
On June 21, 2021, the Commission received an application from TrioTel Communications, Inc. (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company.
TC21-052 In the Matter of the Request of James Valley Cooperative Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391664) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Karen Cremer)
On June 23, 2021, the Commission received an application from James Valley Cooperative Telephone Company (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 23, 2021, the Company responded to staff’s data request.
TC21-053 In the Matter of the Request of Northern Valley Communications, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 399017 and 396340) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)
On June 23, 2021, the Commission received an application from Northern Valley Communications, LLC (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 23, 2021, the Company responded to staff’s data request.
TC21-054 In the Matter of the Request of James Valley Wireless, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399014) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Karen Cremer)
On June 23, 2021, the Commission received an application from James Valley Wireless, LLC (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 23, 2021, the Company responded to staff’s data request.
TC21-061 In the Matter of the Request of Qwest Corporation dba CenturyLink QC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 395145) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
On June 25, 2021, the Commission received an application from Qwest Corporation dba CenturyLink QC (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 13 and 21, 2021, the Company responded to staff’s data requests.
TC21-066 In the Matter of the Request of Beresford Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391649) (Staff Analyst: Eric Paulson; Commission Attorney: Adam de Hueck)
On June 29, 2021, the Commission received an application from Beresford Municipal Telephone Company (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 14, 2021, the Company responded to staff’s data requests.
TC21-067 In the Matter of the Request of RC Technologies for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391674) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
On June 29, 2021, the Commission received an application from RC Technologies (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 14, 2021, the Company responded to staff’s data requests.
TODAY, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in each of the above dockets?
Electric
1. EL08-031 In the Matter of the Application by Buffalo Ridge II LLC a Subsidiary of Iberdrola Renewables, Inc., for an Energy Conversion Facility Permit for the Construction of the Buffalo Ridge II Wind Farm and Associated Collection Substation and Electric Interconnection System. (Staff Analyst: Darren Kearney; Staff Attorney: Amanda Reiss)
On October 31, 2008, Buffalo Ridge II LLC a subsidiary of Iberdrola Renewables, Inc., (Buffalo Ridge or Applicant) submitted an application for an Energy Conversion Facility Permit for the Construction of the Buffalo Ridge II Wind Farm and Associated Collection Substation and Electric Interconnection System to be located in Brookings and Deuel counties. The project consists of 105 wind turbines with a total generating capacity of 210 MWs, as well as a 13-mile long 115 kilovolt overhead transmission line. On April 23, 2009, the Commission issued its Final Decision and Order (Permit) authorizing the construction of the Project. Condition 24 of the Permit required Buffalo Ridge to file a Project status report, updated decommissioning plan and financial information for the Applicant in accordance with ARSD 20:10:22:33.01 for the Commission’s review and approval within 90 days following the date ten years after the project commences operation. Further, Condition 24 also states that at such time the Commission will determine whether the Applicant shall be required to provide a bond, letter of credit, guarantee or other security to assure adequate funding is available for decommissioning. On March 31, 2021, Buffalo Ridge filed a Wind Project Decommissioning Plan for the Buffalo Ridge II Wind Project. On May 5, 2021, Buffalo Ridge filed a Project Status Report. On July 8, 2021, Buffalo Ridge and Commission staff filed a Joint Motion for Approval of Decommissioning Plan and Stipulation of Financial Assurance.
TODAY, shall the Commission approve the Joint Motion for Approval of Decommissioning Plan and Stipulation of Financial Assurance?
2. EL21-002 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval to Amend the Energy Cost Adjustment (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On January 26, 2021, the Commission received a filing from Black Hills Power, Inc. dba Black Hills Energy (BHP) to revise its Energy Cost Adjustment (ECA) tariff. With this revision, margins from all new wholesale contracts would be shared 70% by customers and 30% by the company and Wholesale Contract Revenues would be moved to the Power Marketing Operating Income section of the ECA tariff. On March 19, 2021, BHP filed a letter requesting Temporary Abeyance. On July 20, 2021, BHP filed a Motion to Withdraw.
TODAY, shall the Commission grant the request for Withdrawal of Petition?
3. EL21-021 In the Matter of the Joint Request for Service Rights Exception between Dakota Energy Cooperative, Inc. and NorthWestern Corporation dba NorthWestern Energy (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
On July 7, 2021, the Commission received a joint request for approval of service rights exception between Dakota Energy Cooperative, Inc. (Dakota Energy) and NorthWestern Cooperation doing business as NorthWestern Energy. Dakota Energy agreed to allow Northwestern Energy to provide three-phase electric service of up to 500 kVA for a grain bin site to be located in Dakota Energy’s service territory since NorthWestern Energy has existing facilities closer to the grain bin site.
TODAY, shall the Commission approve the requested service rights exception between Dakota Energy Cooperative, Inc. and NorthWestern Energy Corporation dba NorthWestern Energy?
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 public input meeting for EL21-018 - In the Matter of the Application by North Bend Wind Project, LLC for a Permit to Construct and Operate the North Bend Wind Project in Hyde County and Hughes County, South Dakota will be held on Wednesday, August 11, 2021, at 6:30 p.m. CDT at the Capitol Lake Visitors Center, 650 E. Capitol Avenue, Pierre, South Dakota.
2. The next regular commission meeting will be Thursday, August 19, 2021, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
3. Commissioners and staff will attend the South Dakota Telecommunications Association’s Annual Conference, August 22-24, 2021, at The Lodge at Deadwood, Deadwood, South Dakota.
4. Commission meetings are scheduled for August 27 and September 14, 2021.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
July 27, 2021
