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South Dakota Public Utilities Commission Meeting
January 4, 2022, 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, January 3, 2022, 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.      TC21-124        In the Matter of the Approval of the Petition for Arbitration of an Interconnection Agreement Between Midcontinent Communications and James Valley Cooperative Telephone Company (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

         On December 6, 2021, Midcontinent Communications (Midcontinent) filed a Petition for Arbitration of an Interconnection Agreement Between Midcontinent and James Valley Cooperative Telephone Company (James Valley). On December 22, 2021, James Valley filed a Motion to Dismiss Untimely Petition, asserting that Midcontinent failed to timely file its Petition for Arbitration. On December 27, 2021, the South Dakota Telecommunications Association (SDTA) filed a Limited Petition to Intervene, requesting intervention solely for the purposes of addressing whether Midcontinent is required to obtain a Certificate of Authority to provide the services contemplated under its proposed interconnection agreement.

         TODAY, shall the commission grant intervention to SDTA for the purposes requested in its Limited Petition to Intervene? AND shall the commission establish a hearing date for the Motion to Dismiss? OR how shall the commission proceed?

Gas and Electric

1.      GE21-001       In the Matter of Staff’s Request Regarding the February 2021 Cold Weather Event and Its Impact on Utility Fuel Clause Adjustments and Purchased Gas Adjustments (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorneys: Amanda Reiss and Kristen Edwards)

         On February 17, 2021, Commission staff filed a Petition for Temporary Waiver of Fuel Clause Adjustment and Purchased Gas Adjustment Tariff Provisions to Mitigate Rate Impacts. Staff requested the Commission issue an Order authorizing staff to work with South Dakota electric and natural gas investor-owned utilities to make the necessary modifications to the fuel clause adjustment and/or purchased gas adjustment tariffs to mitigate the rate impact associated with the natural gas costs from the February 2021 cold weather event. On February 25, 2021, the Commission issued an Order Granting Temporary Waiver of Tariff Provisions on Less Than 30 Days’ Notice to Mitigate Rate Impacts for Montana Dakota Utilities Company, NorthWestern Energy, and MidAmerican Energy Company’s (MidAmerican) Customers. On December 9, 2021, MidAmerican filed a letter requesting to modify its Purchased Gas Cost Adjustment rate mitigation plan to extend the recovery period through April 2022. MidAmerican was not able to collect expected costs due to the increasing market price of natural gas coupled with less volumes due to warmer weather. The requested modification will allow MidAmerican to recover the remaining gas costs without causing additional undue burden on its customers. At its regularly scheduled meeting on December 21, 2021, the Commission considered the matter and deferred the docket, requesting additional information.

         TODAY, shall the Commission approve MidAmerican Energy Company’s requested modification to its Purchased Gas Cost Adjustment rate mitigation plan? OR how shall the Commission proceed?

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.   A show cause hearing for the following dockets will be held Tuesday, January 4, 2022, at 9:00 a.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.

      •     TC21-119 - In the Matter of DataBytes Inc.’s Failure to Timely Pay the Gross Receipts Tax
      •     TC21-120 - In the Matter of T C Telephone LLC dba Horizon Cellular’s Failure to Timely Pay the Gross Receipts Tax
      •     TC21-121 - In the Matter of Wing Tel, Inc.’s Failure to Timely Pay the Gross Receipts Tax

2.   The PUC office will be closed Monday, January 17, 2022, in observance of Martin Luther King, Jr. Day.

3.   The next regular commission meeting will be Tuesday, January 18, 2021, at 1:30 p.m. CST in the Floyd Matthew Training Center in the Foss Building, 523 E. Capitol Avenue, Pierre, South Dakota.

4.   The PUC will host a Briefing for Legislators on Tuesday, January 18, 2022, at 4:00 p.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota. The agenda is to discuss current issues related to telecommunications, energy regulation and grain warehouses.

5.   Commission meetings are scheduled for February 1 and 18, 2022.

/s/ Cindy Kemnitz                 .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
December 28, 2021