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South Dakota Public Utilities Commission Meeting
September 28, 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, September 27, 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 September 14, 2021 (Staff: Macy Jo Murren)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC19-009 In the Matter of the Petition of North American Local, LLC for Designation as an Eligible Telecommunications Carrier in the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On April 24, 2019, the Commission received a Petition for Designation as an Eligible Telecommunications Carrier from North American Local, LLC for the purpose of offering Lifeline services on a wireless basis in the State of South Dakota. On June 3, 2019, the Commission issued an order granting South Dakota Telecommunications Association and Cheyenne River Sioux Tribe Telephone Authority party status in the docket. On July 1, 2019, issued an order granting intervention to Boomerang Wireless, LLC. On August 23, 2021, North American Local, LLC filed a Request for Decision on the Record along with a Settlement Stipulation with SDTA to Amend ETC Application and Condition ETC Designation.
TODAY, shall the Commission Approve the Settlement Stipulation to Amend ETC Application and Condition ETC Designation? AND, shall the Commission grant North American Local, LLC Petition for Designation as an Eligible Telecommunications Carrier in the State of South Dakota? OR how shall the Commission Proceed?
2. TC21-081 In the Matter of the Application of Cable One VoIP LLC dba Sparklight for Designation as an Eligible Telecommunications Carrier to Receive Federal Lifeline Support (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On July 1, 2021, the Commission received an application from Cable One VoIP LLC dba Sparklight for Designation as an Eligible Telecommunications Carrier to Receive Federal Lifeline Support in its cable franchise area. On September 17, 2021, Cable One VoIP LLC dba Sparklight filed a letter requesting to withdraw its pending application.
TODAY, shall the Commission dismiss the application and close the docket?
3. TC21-093 In the Matter of the Filing by Clarity Telecom, LLC dba Vast Broadband for Approval of Revisions to Vast Broadband fka Knology of the Plains’ South Dakota Access Tariff No. 3 and Vast Broadband fka Knology of the Black Hills, LLC’s South Dakota Access Services Tariff No. 2 (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On July 12, 2021, the Commission received a filing by Clarity Telecom, LLC dba Vast Broadband for approval of revisions to its Vast Broadband fka Knology of the Plains’ South Dakota Access Tariff No 3 and Vast Broadband fka Knology of the Black Hills, LLC’s South Dakota Access Service Tariff No.2. 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. Clarity Telecom, LLC dba Vast Broadband requests an effective date of July 1, 2021.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?
4. TC21-097 In the Matter of the Filing by South Dakota Network, LLC for Approval of Revisions to Its Access Service Tariff No. 2 (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On July 15, 2021, the Commission received a filing by South Dakota Network, LLC for approval of revisions to its Access Services Tariff No 2. 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. South Dakota Network, LLC requests an effective date of July 1, 2021.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?
5. TC21-106 In the Matter of the Filing of Onvoy, LLC for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On August 3, 2021, the Commission received a filing by Onvoy, 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. Onvoy, 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. 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 10 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. At the August 3, 2021, Commission meeting, the Commission requested certain revisions be made to the Joint Motion for Approval of Decommissioning Plan and Stipulation of Financial Assurance. On September 21, 2021, Buffalo Ridge and staff filed an Amended Joint Motion for Approval of Decommissioning Plan and Stipulation of Financial Assurance
TODAY, shall the Commission approve the Amended Joint Motion for Approval of Decommissioning Plan and Stipulation of Financial Assurance?
2. EL21-024 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On August 23, 2021, the Commission received a filing from MidAmerican Energy Company (MidAmerican) requesting approval of tariff revisions. MidAmerican proposes a number of minor housekeeping changes to its electric tariff. MidAmerican requests a September 30, 2021, effective date. On September 9, 2021, MidAmerican filed revised tariff pages, removing the initially proposed changes to the AVAILABLE section on two sheets.
TODAY, shall the Commission approve MidAmerican’s tariff revisions with an effective date of September 30, 2021?
3. EL21-026 In the Matter of the Agreement between the City of Vermillion and Clay Union Electric Corporation for Transfer of Annexed Service Territory (Staff Analyst: Darren Kearney; Staff Attorney: Amanda Reiss)
On September 13, 2021, the Commission received an Agreement to Transfer Service Territory between Clay Union Electric Corporation and City of Vermillion (Agreement). The Agreement indicates that the City of Vermillion annexed the property subject to the Agreement on June 7, 2021, and on June 15, 2021, advised Clay Union of the City of Vermillion’s intent to purchase electric utility property owned by Clay Union within the annexed property and to provide electric service in the annexed area pursuant to and as allowed by SDCL Chapter 49-34A. On September 20, 2021, staff filed a Letter Recommending the Commission close the docket and file this Agreement as an informational filing.
TODAY, shall the Commission close the docket? OR how shall the Commission proceed?
Natural Gas
1. NG21-006 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On August 23, 2021, the Commission received a filing from MidAmerican Energy Company (MidAmerican) requesting approval of tariff revisions. MidAmerican proposes a number of minor housekeeping changes to its natural gas tariff. MidAmerican requests a September 30, 2021, effective date. On September 9, 2021, MidAmerican filed revised tariff pages to make additional changes to its list and map of communities served.
TODAY, shall the Commission approve MidAmerican’s tariff revisions with an effective date of September 30, 2021?
2. NG21-007 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of its Gas Transportation Tariff Revisions Regarding Fuel Retention Percentage (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On August 27, 2021, the Commission received a filing from NorthWestern Corporation dba NorthWestern Energy (NorthWestern). This filing proposes to update Sheet No. 6.2 in Section No. 5 of NorthWestern’s filed natural gas tariff. NorthWestern’s tariff provides that the Fuel Retention Percentage is to be updated annually and be effective October 1 each year. NorthWestern also proposes to update the fuel rate for customers with an average daily therm usage greater than 30,000. NorthWestern states that customers who fit this high usage criterion are primarily direct connect customers whose gas system is not subject to the normal losses in a distribution system. NorthWestern seeks an effective date of October 1, 2021.
TODAY, shall the Commission approve the proposed tariff revisions effective October 1, 2021?
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 and staff will meet with representatives of Missouri River Energy Services on Tuesday, September 28, 2021, at 1:00 p.m. CDT, in Room 413 at the State Capitol Building, Pierre, South Dakota, for a general business update.
2. Commissioners will attend the Missouri River Energy Services Legal Seminar on Friday, October 1, 2021, at the MRES office, 3724 W. Avera Drive, Sioux Falls, South Dakota.
3. The PUC office will be closed Monday, October 11, 2021, in observance of the Native American Day holiday.
4. The next regular commission meeting will be Tuesday, October 12, 2021, at 1:30 p.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
5. Commission meetings are scheduled for October 28 and November 12, 2021.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
September 21, 2021
