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South Dakota Public Utilities Commission Meeting
October 12, 2021, at 1:30 P.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 10:00 a.m. CDT on Tuesday, October 12, 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 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.



1.      Approval of the Minutes of the Commission Meeting Held on September 28, 2021 (Staff: Leah Mohr)

Consumer Reports

1.      Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)

1.      EL20-022        In the Matter of the filing by Otter Tail Power Company regarding its 2021-2023 Energy Efficiency Partnership Triennial Plan (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

         On July 1, 2020, the Commission received a filing from Otter Tail Power Company (Otter Tail) requesting approval of its proposed 2021-2023 Energy Efficiency Partnership Triennial Plan (EEP). On November 30, 2020, the Commission issued an Order Approving 2021-2023 Energy Efficiency Plan, approving Otter Tail’s proposed 2021 EEP budget of $775,000 and 2022 and 2023 EEP budgets of $525,000. On September 20, 2021, Otter Tail filed a letter requesting to modify its 2021-2023 EEP. The Company proposes a budget increase of $155,000 to the 2021 EEP program year and requests program changes, rebate changes, and further program rate flexibility for 2022 and 2023 EEP program years. 

         TODAY, shall the Commission approve Otter Tail Power Company’s request to modify its 2021-2023 Energy Efficiency Partnership Triennial Plan?

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, which was granted by the Commission on June 24, 2021. On August 27, 2021, the Commission issued an Order Granting Motion for Suspension of Procedural Schedule. On September 27, 2021, a Settlement Stipulation was filed with the Commission, and a Joint Motion for Approval of Settlement Stipulation is expected to be filed with the Commission by October 12, 2021..

         TODAY, shall the Commission grant the Joint Motion for Approval of Settlement Stipulation and approve the terms and conditions stipulated therein?

3.      EL21-028        In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2022 Infrastructure Rider Project Eligibility and Factor Update (Staff Analysts: Patrick Steffensen, Eric Paulson; Staff Attorney: Kristen Edwards)

         On October 1, 2021, the Commission received a Petition by Northern States Power Company dba Xcel Energy (Xcel) for approval of its 2022 Infrastructure Rider Project Eligibility and Factor Update. Xcel requests approval of project eligibility of two additional wind projects consistent with SDCL 49-34A-73 and the Settlement Stipulation in Docket GE17-003, O&M expenses associated with wind investments, the Infrastructure Rider Tracker Report and true-up for the 2021 revenue requirements, 2022 Infrastructure Rider revenue requirements of $30.0 million, an updated Infrastructure Rider Adjustment Factor of $0.013865 per kWh, proposed revision to the Infrastructure Rider tariff sheet, and proposed customer notice. Xcel proposes a January 1, 2022, effective date. Xcel states the average bill impact for a residential customer using 750 kWh per month will be an estimated $10.40, a $1.48 increase over the 2021 rate.

         TODAY, shall the Commission assess a filing fee in the amount of up to $250,000 to account for actual expenses incurred in review of this filing commencing from the filing date?

Items for Commission Discussion

         In accordance with SDCL 49-34A-42 to SDCL 49-34A-44, inclusive, and SDCL 49-34A-48 to SDCL 49-34A-59, inclusive, the Commission retains legal descriptions and GIS maps of each electric utility’s assigned service area. Commission staff has recently learned of a discrepancy between an electric service territory boundary’s legal description and GIS map that occurred when the Commission updated the electric service territory maps and legal descriptions. Staff requests guidance from the Commission on the Commission’s preferred path forward for correcting any discrepancies that may occur between an electric service territory agreement’s legal description and GIS map.

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.


1.   The PUC office will be closed Monday, October 11, 2021, in observance of the Native American Day holiday.

2.   The next regular commission meeting will be Thursday, October 28, 2021, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.

3.   Commissioners will attend the annual meeting of the National Association of Regulatory Utility Commissioners, November 7-10, 2021, at Omni Louisville Hotel, Louisville, Kentucky.

4.   Commission meetings are scheduled for November 12 and 23, 2021.

  /s/ Cindy Kemnitz                 .
Cindy Kemnitz
Finance Manager
October 5, 2021