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South Dakota Public Utilities Commission Meeting
November 23, 2021, at 9:30 A.M. CST
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. CST on Monday, November 22, 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 November 12, 2021 (Staff: Juli Hedrick)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. In the Matter of the Failure of Certain Telecommunications Companies to Timely Pay their Gross Receipts Tax (Finance Manager: Cindy Kemnitz)
The following companies have failed to timely pay their gross receipts tax as required by SDCL 49-1A:
American Telecommunications Systems, Inc.
Native American Telecom LLC
DataBytes Inc.
Soehl Electronics Inc. dba Vantek Communications
T C Telephone LLC dba Horizon Cellular
Wing Tel, Inc.
TODAY, shall the Commission issue an Order to Show Cause as to why the Commission should not fine, and/or suspend or revoke the Certificates of Authority of each of these companies for failure to pay the requisite gross receipts tax?
2. TC21-001 In the Matter of the Application of LTD Broadband LLC for Designation as an Eligible Telecommunications Carrier for Purposes of Receiving Federal Universal Service Support (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On January 7, 2021, the Commission received an Application for Designation as an Eligible Telecommunications Carrier (ETC) from LTD Broadband LLC (LTD Broadband) for purposes of receiving federal universal service support. LTD Broadband has preliminarily been awarded Rural Digital Opportunity Fund (RDOF) funding for certain census blocks in South Dakota. On January 27, 2021, the South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene which was granted on February 22, 2021. On November 5, 2021, SDTA filed a Motion and Brief in Support regarding Use of Information Marked as Confidential. LTD Broadband filed a Motion to Strike Expert Testimony of Larry Thompson, and a Motion to Attend Evidentiary Hearing Via Telephone or Video Link. On November 12, 2021, LTD Broadband filed Opposition to SDTA’s Motion to Use Confidential Information, SDTA filed an Objection and Reply to LTD Broadband LLC’s Motion to Strike Expert Testimony of Larry Thompson and Commission staff filed a Response to Applicant’s Motion to Strike Expert Testimony of Larry Thompson.
TODAY, shall the Commission grant SDTA’s Motion regarding Use of Confidential Information? AND shall the Commission grant LTD Broadband’s Motion to Strike Expert Testimony of Larry Thompson? AND shall the Commission grant LTD Broadband’s Motion to Attend Evidentiary Hearing Via Telephone or Video Link? OR how shall the Commission proceed?
3. TC21-115 In the Matter of the Petition of Fiber Ring Revenue-Pooling Association for Approval of Amended Documents and Additional Traffic Class (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On October 8, 2021, the Commission received a Petition from Fiber Ring Revenue-Pooling Association (FRRPA) for approval of amended documents and the addition of another traffic class. The current pooling contracts among FRRPA, South Dakota Network, LLC (SDN), and member Local Exchange Companies (LECs) will expire at the end of 2021. The revised agreements extend the terms of the contracts, include revisions to recognize recent network upgrades, and generally update the language/provisions of the agreements. In addition, amendments have been made to FRRPA’s Articles of Incorporation and Bylaws. FRRPA states the amendments and revisions to FRRPA’s organizational documents for which FRRPA is seeking approval in this docket are necessary updates and do not change the underlying principles of FRRPA. Finally, FRRPA seeks approval of the addition of another public internet port rate element option to member company ring users. FRRPA proposes an effective date of December 1, 2021. On October 29, 2021, FRRPA responded to staff’s data request.
TODAY, shall the Commission approve Fiber Ring Revenue-Pooling Association’s amended documents and the addition of another traffic class?
Complaint
1. CT20-001 In the Matter of the Complaint of Venture Communications Cooperative against AT&T Mobility (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On May 13, 2020, Venture Communications Cooperative (Venture) filed a complaint against AT&T Mobility (Mobility) for failing to pay for local interconnection facilities ordered by Mobility in Access Service Requests (ASRs) at the rates set forth in Venture’s price list. The Commission established an answer deadline of June 2, 2020. On June 16, 2020, Mobility filed an answer and counterclaim. On July 2, 2020, Venture filed a Reply to Counterclaim. On August 7, 2020, the Commission issued an Order Granting Motion for Adoption of Procedural Schedule; Order Adopting Procedural Schedule; Order Requiring Prefiled Testimony. On March 18, 2021, the Commission issued an Order Granting Motion for Revised Procedural Schedule; Order Adopting Revised Procedural Schedule, setting an evidentiary Hearing for August 3-4, 2021. On July 20, 2021, staff filed a letter requesting the hearing be postponed, per request of Venture and Mobility. On August 18, 2021, the Commission issued an Order for and Notice of Hearing, setting a hearing date of September 7, 2021. On August 28, 2021, staff filed a letter requesting the September 7, 2021, be postponed, per request of Venture and Mobility. On November 5, 2021, Venture filed a Cooperative Motion to Set Hearing Date. This motion also requested that witnesses be permitted to testify via electronic means.
TODAY, shall the Commission grant Venture’s Cooperative Motion to Set Hearing Date? AND shall the Commission allow testimony via electronic means? OR how shall the Commission proceed?
Electric
1. 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 November 1, 2021, the Commission issued an Order granting Motion for Procedural Schedule. On November 16, 2021, North Bend filed a Motion to Extend the Deadline and requested the Commission suspend the current schedule.
TODAY, shall the Commission grant North Bend’s Motion to Extend the Deadline? OR how shall the Commission Proceed?
2. EL21-029 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions to Its Rates for Rate 95 and Rate 96 (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On October 13, 2021, Montana-Dakota Utilities Co. (MDU) filed for approval of revisions to its Rate 95 (occasional power purchase non-time differentiated) and Rate 96 (short-term power purchase) tariff sheets. This filing updates the energy and capacity payments based on current data. MDU states it currently has two customer taking service under Rate 95 and the annual change in revenue due to this filing will be minimal. MDU requests a January 1, 2022, effective date. On November 4, 2021, MDU responded to staff’s data request.
TODAY, shall the Commission approve Montana-Dakota Utilities Co.’s tariff revisions with an effective date of January 1, 2022?
3. EL21-030 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions to Its Rate SAL - Street and Area Lighting Tariff (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On October 27, 2021, MidAmerican Energy Company (MidAmerican) filed for approval of revisions to its Rate SAL – Street and Area Lighting Tariff. With this filing, MidAmerican proposes new rates for light emitting diode (LED) lighting options and several other changes. MidAmerican proposed an effective date of December 1, 2021.
TODAY, shall the Commission approve MidAmerican Energy Company’s tariff revisions with an effective date of December 1, 2021?
Natural Gas
1. NG21-009 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of its Refund Plan regarding Its Recovery of Manufactured Gas Plant Site Remediation Costs (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On October 21, 2021, the Commission received a filing from NorthWestern Corporation dba NorthWestern Energy (NorthWestern) for Approval of its refund plan regarding its recovery of the manufactured gas plant (MGP) site remediation costs. The purpose of this filing is to update the refund mechanism established in docket NG16-010 where NorthWestern credited customers an over-collection related to MGP remediation allowed in docket NG11-003. The credit rate was subsequently adjusted annually, most recently in docket NG20-010. With two months remaining in the current refund plan, the over-recovered balance is $491,374. NorthWestern has refunded approximately $1.4 million in the first ten months of the current plan, however, actual remediation costs are lower than the amount recovered through the tracker. NorthWestern proposes to continue the refund plan for an additional 12 months at lower credit rates than are currently in effect. NorthWestern proposes a December 1, 2021, effective date for the new credit rates.
TODAY, shall the Commission approve NorthWestern Energy’s refund plan regarding its recovery of Manufactured Gas Plant Site remediation costs with an effective date of December 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 hold a virtual meeting via Zoom with representatives from Moody’s on Thursday, November 18, 2021, at 10:30 a.m. CST. The agenda is to hear a briefing of the company’s credit ratings process. To attend the meeting, please call the PUC at (605) 773-3201 for instructions by 5:00 p.m. CST, November 17, 2021.
2. The PUC office will be closed November 25-26, 2021, in observance of the Thanksgiving holiday.
3. Commissioners and staff will meet with representatives of the South Dakota Electric Utility Companies on Monday, November 29, 2021, at 12:00 p.m. CST at the South Dakota Retailers Association conference room, 320 E. Capitol Avenue, Pierre, South Dakota. The agenda is to discuss company activities.
4. An evidentiary hearing for docket TC21-001 – In the Matter of the Application of LTD Broadband LLC for Designation as an Eligible Telecommunications Carrier for Purposes of Receiving Federal Universal Service Support will be held December 1-2, 2021, beginning 11:00 a.m. CST, December 1, in Room 414 at the State Capitol Building, Pierre, South Dakota.
5. The next regular commission meeting will be Wednesday, December 8, 2021, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.
6. Commissioners and staff will attend the South Dakota Telecommunications Association/Public Utilities Commission Forum on December 9-10, 2021, at the Hilton Garden Inn Sioux Falls Downtown, Sioux Falls, South Dakota.
7. Commission meetings are scheduled for December 21, 2021 and January 4, 2022.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
November 16, 2021
