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South Dakota Public Utilities Commission Meeting
August 27, 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 Thursday, August 26, 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. TC21-037 In the Matter of the Filing by Clarity Telecom, LLC dba Vast Broadband for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On June 7, 2021, the Commission received a filing by Clarity Telecom, LLC dba Vast Broadband (Clarity) for approval of revisions to its Access Services Tariff No. 1. The purpose of this filing is to bring Clarity’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. Clarity requests an effective date of July 1, 2021. On August 12, 2021, Clarity filed revised tariff pages.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?
2. TC21-079 In the Matter of the Filing of AT&T Corp. for Approval of Revisions to Its Access Services and Network Interconnection Services Tariff (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On July 1, 2021, the Commission received a filing by AT&T Corp. (AT&T) for approval of revisions to its Access Services and Network Interconnection Services Tariff. The purpose of this filing is to bring AT&T’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. On August 18, 2021, AT&T filed revised tariff pages to request an effective date of July 1, 2021.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?
3. TC21-094 In the Matter of Interstate Telecommunications Cooperative, Inc. fka SSTELECOM for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Eric Paulson, Staff Attorney: Kristen Edwards)
On July 13, 2021, the Commission received a filing by Interstate Telecommunications Cooperative, Inc. fka SSTELECOM for approval of revisions to its Access Services 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. Interstate Telecommunications Cooperative, Inc. fka SSTELECOM requests an effective date of July 15, 2021.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 15, 2021?
4. TC21-098 In the Matter of the Approval of an Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Intrado Communications, LLC for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On July 26, 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 Intrado Communications, LLC. On August 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. TC21-100 In the Matter of the Filing of Intrado Communications, LLC for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Eric Paulson, Staff Attorney: Kristen Edwards)
On July 27, 2021, the Commission received a filing by Intrado Communications, LLC for approval of revisions to its Access Services 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. Intrado Communications, LLC requests an effective date of July 31, 2021.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 31, 2021?
6. TC21-102 In the Matter of the Approval of the Amended Interconnection Agreement between Midcontinent Communications dba Midco and Alliance Communications Cooperative, Inc. (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On July 28, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Amendment to an Interconnection Agreement between Midcontinent Communications dba Midco and Alliance Communications Cooperative, Inc. On August 13, 2021, the Commission received a corrected agreement.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
7. TC21-104 In the Matter of the Approval of an Unbundling and Resale Requirements Amendment between Qwest Corporation dba CenturyLink QC and QuantumShift Communications, Inc. dba vCom Solutions for the State of South Dakota (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On July 30, 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 Quantum Shift Communications, Inc. dba vCom Solutions.
TODAY, shall the Commission approve the amendment to the Interconnection Agreement?
Electric?
8. TC21-105 In the Matter of the Filing of Neutral Tandem-South Dakota, LLC for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Eric Paulson, Staff Attorney: Kristen Edwards)
On August 3, 2021, the Commission received a filing by Neutral Tandem-South Dakota, LLC for approval of revisions to its Access Services 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. Neutral Tandem-South Dakota, LLC requests an effective date of August 3, 2021.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of August 3, 2021?
Electric
1. 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, which was granted by the Commission on June 24, 2021. On August 19, 2021, several of the Parties filed a Stipulation and Joint Motion for Suspension of Procedural Schedule.
TODAY, shall the Commission grant the Motion to Suspend the Procedural Schedule? OR, how shall the Commission proceed?
2. EL21-017 In the Matter of Otter Tail Power Company’s Petition for Approval of Phase-In Rider Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On June 1, 2021, the Commission received a petition by Otter Tail Power Company (Otter Tail) for approval of its annual update to its Phase-in Rate Plan Rider. Otter Tail makes this filing pursuant to SDCL 49-34A-73 through 49-34A-78. In this filing, Otter Tail proposes to adjust the Phase-in Rate Plan Rider Rate to reflect the applicable rider revenue requirements for the next recovery period (September 2021 – August 2022), to recover actual and forecasted costs for the Astoria Station Natural Gas Plant project, Merricourt Wind Project, forecasted net benefits associated with additional load in the Lake Norden area, and net savings associated with Otter Tail’s retirement of its Hoot Lake Plant. Otter Tail states a typical residential electric customer using an average of 1,000 kWh per month will see a decrease of $3.75 per month resulting from this filing. Otter Tail proposes an effective date of September 1, 2021.
TODAY, shall the Commission approve Otter Tail Power Company’s Phase-In Rider Rate and revised tariff sheet with an effective date of September 1, 2021?
3. EL21-023 In the Matter of the Filing by Black Hills Power, Inc. dba Black Hills Energy for Approval of a Contract with Deviations with GCC Dacotah, Inc. (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)
On August 2, 2021, the Commission received a filing from Black Hills Power, Inc. dba Black Hills Energy (Black Hills) requesting approval of a contract with Deviations with GCC Dacotah, Inc (GCC). Black Hills states the business development incentive agreement is due to GCC’s investment in plant expansion and increase in forecasted energy usage. Black Hills also states South Dakota electric customers will not be affected by this contract with deviations. Black Hills requests approval of the associated tariff revision with an effective date of September 1, 2021. On August 19, 2021, Black Hills responded to Commission staff’s data request.
TODAY, shall the Commission approve the contract with deviations and associated tariff revision with an effective date of September 1, 2021?
Gas and Electric
1. GE20-002 In the Matter of Investor-Owned Utilities’ Joint Request for Deferred Treatment of the Financial Effects of COVID-19 and the Creation of Regulatory Assets (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson; Staff Attorney: Kristen Edwards)
On May 1, 2020, the Commission received a Joint Request for Deferred Treatment of the Financial Effects of COVID-19 and the Creation of Regulatory Assets from Northern States Power Company dba Xcel Energy, MidAmerican Energy Company (MidAmerican), NorthWestern Energy (NorthWestern), Otter Tail Power Company, and Montana-Dakota Utilities Company, a Division of MDU Resources Group (Montana-Dakota) (collectively, Petitioners). Petitioners requested approval for deferred accounting treatment to allow for the recognition of the costs associated with the response to COVID-19 as a regulatory asset beginning from the date the emergency was declared, March 13, 2020. On August 19, 2020, the Commission issued an Order Granting Joint Request for Deferred Accounting Treatment of the Financial Effects of COVID-19 and Creation of Regulatory Assets. As part of this order, the Petitioners were required to provide quarterly reporting of the known and estimated increases and decreases to costs and revenues that the Petitioners plan to include or have included in their regulatory assets as well as additional detailed information regarding bad debt. On July 30, 2021, the Commission received letters from Montana-Dakota and MidAmerican stating they did not record costs into regulatory assets and have no plans at this time to seek recovery of expenses related to COVID-19. Thus, Montana-Dakota and MidAmerican request the Commission allow them to withdraw from the docket and cease quarterly reporting requirements. On August 17, 2021, the Commission received a letter from NorthWestern stating its additional bad debt costs associated with COVID-19 were written off and it would not pursue recovery of these costs in a future rate case. Thus, NorthWestern requests the Commission allow it to withdraw from the docket.
TODAY, shall the Commission grant the requests of Montana-Dakota, MidAmerican, and NorthWestern to withdraw from the docket and cease quarterly reporting requirements?
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. Commissioners will attend The Center for Public Utilities’ Current Issues Conference August 29 – September 1, 2021, at the Eldorado Hotel, Santa Fe, New Mexico.
2. Commissioners and staff will meet with consumers at the South Dakota State Fair September 1-6, 2021, in Huron, South Dakota.
3. The PUC office will be closed Monday, September 6, 2021, in observance of the Labor Day holiday.
4. An evidentiary hearing for CT20-001 – In the Matter of the Complaint of Venture Communications Cooperative against New Cingular Wireless PCS, LLC dba AT&T Mobility will be held September 7-8, 2021, beginning at 2:30 p.m. CDT, September 7 in Room 414 at the State Capitol Building, Pierre, South Dakota.
5. The next regular commission meeting will be Tuesday, September 14, 2021, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
6. Commission meetings are scheduled for September 28 and October 12, 2021.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
August 20, 2021
