South Dakota Public Utilities Commission Meeting
October 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 Wednesday, October 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.
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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 October 12, 2021 (Staff: Juli Hedrick)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Electric
1. EL09-028 In the Matter of the Application by PrairieWinds SD1, Inc., a subsidiary of Basin Electric Power Cooperative, for a Wind Energy Facility Permit for the PrairieWinds SD1 Wind Farm and Associated Facilities (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorney: Amanda Reiss)
On December 30, 2009, PrairieWinds SD1, Inc., a wholly owned subsidiary of Basin Electric Power Cooperative (Basin), submitted an application for a Wind Energy Facility Permit for the Construction of the PrairieWinds SD1 Wind Farm and Associated Facilities near Crow Lake, South Dakota (Crow Lake Wind Project or Project). The Project consists of 108 wind turbines for a total nameplate capacity of 162 MW, associated access roads, underground collector lines, a collector substation, an O&M building, and approximately 13 miles of 230 kV transmission line. On July 14, 2010, the Commission issued an Order Approving Joint Motion for Approval of Stipulation (Permit) authorizing the construction of the Project. Condition 40 of the Permit required Basin to submit a Project status report, an updated decommissioning plan for the Project, and financial information in accordance with ARSD 20:10:22:33.01 for the Commission’s review and approval on or before June 1, 2021. Further, Condition 40 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 June 1, 2021, Basin filed a Wind Project Decommissioning Plan for the Crow Lake Wind Project. On October 13, 2021, Basin 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?
Telecommunications
1. 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 (CenturyLink) and Nebraska Technology and Telecommunications Inc. for the State of South Dakota. On June 24, 2021, the Commission issued an Order Approving Amendment to Interconnection Agreement. On October 8, 2021, CenturyLink filed a letter regarding replacement Amendment to the Agreement.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
2. TC21-085 In the Matter of the Filing of BullsEye Telecom, Inc. for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On July 6, 2021, the Commission received a filing from BullsEye Telecom, Inc. 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. BullsEye Telecom, Inc. requests an effective date of July 7, 2021. On October 12, 2021, BullsEye Telecom, Inc. filed a revised tariff page.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 7, 2021?
3. TC21-099 In the Matter of the Filing of Hills Telephone Company, Inc. for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On August 2, 2021, the Commission received a filing from Hills Telephone Company, Inc. (nka Alliance Communications Cooperative Inc.) for approval of revisions to its Switched Access Services Tariff No. 1. 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. Hills Telephone Company, Inc. requests an effective date of July 1, 2021. On October 12, 2021, Hills Telephone Company, Inc, filed revised tariff pages.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?
4. TC21-110 In the Matter of Interstate Telecommunications Cooperative, Inc.’s Application for Designation as an Eligible Telecommunications Carrier for the Purpose of Receiving Federal Universal Service Support for Lifeline Only in the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On August 30, 2021, the Commission received an application from Interstate Telecommunications Cooperative, Inc. (ITC) requesting designation as a Lifeline Only Eligible Telecommunications Carrier pursuant to 47 U.S.C. §214(e)(l) -(2), SDCL § 49-31-78, ARSD 20:10:32:42-43 in the communities of South Lake Poinsett and Lake Albert in Hamlin County, Brookings County, and Kingsbury County and the CenturyLink Watertown exchange in Codington County as shown on the maps in Exhibit A.
TODAY, shall the Commission approve Interstate Telecommunications Cooperative, Inc.’s application for designation as an Eligible Telecommunications Carrier for the areas shown on Exhibit A of the application for the purpose of Lifeline only support? AND shall the Commission grant Interstate Telecommunications Cooperative, Inc.’s request to waive the two-year plan requirement found in ARSD 20:10:32:43.02?
5. TC21-112 In the Matter of the Approval of the Partner Delivery Service Arrangements Amendment to the Type 1 and Type 2 Paging Connection Service Agreement between Qwest Corporation dba CenturyLink QC and Spok, Inc. for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On September 17, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of the Partner Delivery Service Arrangements Amendment to the Type 1 and Type 2 Paging Connection Service Agreement between Qwest Corporation dba CenturyLink QC and Spok, Inc.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
6. TC21-113 In the Matter of the Application by Electric Lightwave LLC dba Allstream for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On September 17, 2021, Electric Lightwave, LLC dba Allstream (Allstream), filed an application for Certificates of Authority to provide local exchange and interexchange telecommunications services in South Dakota. Allstream seeks authority to operate as a reseller of incumbent telephony services and to be a facilities-based provider either through lease agreements or the construction of its own facilities. On September 23, 2021, the South Dakota Telecommunications Association filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to any parties that may have filed?
Electric continued
2. 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 (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
On June 23, 2021, North Bend Wind Project, LLC (North Bend Wind) filed an application for a permit to construct the North Bend Wind Project, a wind energy facility located on approximately 46,931 acres of land in Hyde County and Hughes County, South Dakota, in the townships of Butte, Chapelle, Harrold, Holabird, Pleasant Valley, Pratt, and Webster. The total installed capacity of the Project would not exceed 200 megawatts nameplate capacity. The proposed Project includes up to 71 wind turbine generators, access roads to turbines and associated facilities, underground 34.5-kilovolt (kV) electrical collector lines, underground fiber-optic cable, a 34.5-kV to 230-kV collection substation, a 230-kV interconnection switching station, an aircraft detection lighting system and one permanent meteorological tower. The Project will interconnect to Western Area Power Administration’s Fort Thompson-Oahe 230-kV transmission line, which crosses the southern portion of the project area. The Project, at the time of filing this application, has not executed a purchase power agreement. The Project is expected to be operational in late 2022. Applicant estimates the total cost of the Project to be between $265 and $285 million. On September 17, 2021, the Commission granted party status to Judi Bollweg, individually and on behalf of Tumbleweed Lodge and Bollweg Family, LLLP, and Michael Bollweg, individually and on behalf of Bollweg Family, LLLP. On October 18, 2021, staff filed a Motion for Adoption of Procedural Schedule.
TODAY, shall the Commission grant staff’s Motion for Adoption of Procedural Schedule?
3. EL21-027 In the Matter of the Joint Request for an Electric Service Rights Exception between Northern Electric Cooperative, Inc. and Dakota Valley Electric Cooperative, Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On September 29, 2021, the Commission received a joint request for approval of service rights exception between Northern Electric Cooperative, Inc., and Dakota Valley Electric Cooperative, Inc. The Agreement will allow Dakota Valley Electric Cooperative, Inc., to provide electric service in the assigned territory of Northern Electric Cooperative, Inc. Dakota Valley Electric Cooperative intends to provide single phase service by territory exception for irrigations pumps and pivot at the location.
TODAY, shall the Commission approve the requested service rights exception between Northern Electric Cooperative, Inc., and Dakota Valley Electric Cooperative, Inc.?
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 National Association of Regulatory Utility Commissioners Annual Meeting and Education Conference, November 7-10, 2021, at the Omni Louisville Hotel, Louisville, Kentucky.
2. The PUC office will be closed Thursday, November 11, 2021, in observance of the Veterans Day holiday.
3. The next regular commission meeting will be Friday, November 12, 2021, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.
4. Commissioners and staff will meet with representatives of Montana-Dakota Utilities Co. on Friday, November 12, 2021, at 1:00 p.m. CST, in Room 413 at the State Capitol Building, Pierre, South Dakota. The agenda will include discussion about the upcoming winter heating season, electric projects, system supply, cyber security and a general business update.
5. Commission meetings are scheduled for November 23 and December 8, 2021.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
October 21, 2021