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South Dakota Public Utilities Commission Meeting
February 18, 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 Thursday, February 17, 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

Administration

1.      Approval of the Minutes of the Commission Meeting Held on February 1, 2022 (Staff: Janeth Merriman)

Consumer Reports

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

Hydrocarbon and Carbon Dioxide Pipeline

1.      HP22-001    In the Matter of the Application by SCS Carbon Transport LLC for a Permit to Construct a Carbon Dioxide Transmission Pipeline (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Kristen Edwards)

         On February 7, 2022, the Commission received an Application for a Permit to Construct a Carbon Dioxide Transmission Pipeline (Application) from SCS Carbon Transport LLC (Applicant). Applicant proposes to construct and operate a carbon dioxide (CO2) transmission pipeline (Project). The Project is approximately 2,000 miles of pipelines for the transportation of CO2 from more than 30 ethanol plants across 5 states, including 7 ethanol plants in South Dakota, to underground injection control facilities in North Dakota. The proposed route of the main line enters South Dakota in Lincoln County at the Iowa/South Dakota border and extends in a northwesterly direction, exiting the state at the South Dakota/North Dakota border in McPherson County. In addition to the main line, the proposed Project includes lateral and trunk lines connecting ethanol plants to the main line. The proposed length of pipelines through South Dakota would be approximately 469 miles and would cross the counties of Beadle, Brown, Clark, Codington, Edmunds, Hamlin, Hand, Hyde, Kingsbury, Lake, Lincoln, McCook, McPherson, Minnehaha, Miner, Spink, Sully, and Turner. Applicant estimates the total cost of the proposed Project in South Dakota to be $785 million. SDCL 49-41B-12 provides for a filing fee to be assessed to cover the Commission’s actual cost of investigating, reviewing, processing, and serving Notice of the Application. The maximum fee amount, calculated pursuant to statute, is $592,500. 

         TODAY, shall the Commission assess a filing fee not to exceed $592,500 with an initial deposit of $8,000? AND shall the Commission authorize the executive director to enter into necessary consulting contracts?

Electric

1.      EL21-031    In the Matter of the Petition of Otter Tail Power Company for Approval of the Transmission Cost Recovery Rider Rate (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

         On October 29, 2021, Otter Tail Power Company (Otter Tail) filed a petition for approval of its 2022 Transmission Cost Recovery (TCR) Rider. Otter Tail’s TCR rate has been adjusted to reflect the TCR revenue requirements for the next recovery period (March 2022 – February 2023). The update includes the tracker balance estimated for the end of the current recovery period so that no over or under recovery of TCR costs occurs. Otter Tail is not requesting inclusion of any new projects. Otter Tail proposes the update to the rates be applied to usage on and after March 1, 2022.

         TODAY, shall the Commission approve Otter Tail Power Company’s TCR rate factors and revised tariff sheet with an effective date of March 1, 2022?

Natural Gas

1.      NG22-001   In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Its Revised Conservation Tracking Adjustment (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

         On January 28, 2022, the Commission received an application by Montana-Dakota Utilities Co. (Company) for approval of a revised Conservation Tracking Adjustment (CTA), pursuant to the terms of the Company’s Conservation Program Tracking Mechanism Rate 90 tariff. The Company proposed a CTA rate, applicable to service under Rates 60, 70 and 72, of $0.025 per dk to be effective March 1, 2022. The proposed CTA rate is an increase of $0.005 per dk from the currently authorized CTA rate.

         TODAY, shall the Commission grant Montana-Dakota Utilities Co.’s request for approval of the revised Conservation Tracking Adjustment of $0.025 per dk and the associated Conservation Program Tracking Mechanism Rate 90 tariff sheet, with an effective date of March 1, 2022?

Telecommunications

1.      TC21-125    In the Matter of the Application of Celerity Networks LLC for a Certificate of Authority to Provide Local Exchange Telecommunications Services in the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
 
         On December 20, 2021, Celerity Networks LLC (Celerity) filed an application for a Certificate of Authority to provide local exchange services in South Dakota. Celerity’s application seeks authority to provide local exchange services in the entire State of South Dakota in all exchanges open to competition. On January 11, 2022, Celerity filed its Letter Regarding Notice of Application and responded to staff’s first data request. On January 20, 2022, the South Dakota Telecommunications Association (SDTA) was granted intervention. On January 27, 2022, Celerity filed its Letter regarding Clarification of its Application. On January 31, 2022, Celerity responded to staff’s second data request. On February 8, 2022, SDTA and Celerity filed a Joint Stipulation.

         TODAY, shall the Commission approve the Joint Stipulation between SDTA and Celerity? AND shall the Commission grant Celerity’s request for a Certificate of Authority to Provide Local Exchange Services in South Dakota?

2.      TC22-001    In the Matter of the Approval of an Unbundled Network Elements (UNEs) - Resale Forbearance Amendment to the Interconnection Agreement between CenturyLink QC and dishNET LLC for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

         On January 27, 2022, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and dishNET Wireline, LLC. The amendment incorporates FCC Orders FCC19-66 and FCC 19-72, which were released by the Federal Communications Commission in 2019.

         TODAY, shall the Commission approve the amendment to the interconnection agreement?

3.      TC22-002    In the Matter of the Approval of FCC Modernizing Unbundling and Resale Requirements Amendment to the Interconnection Agreement between CenturyLink QC and dishNET LLC (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

         On January 27, 2022, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and dishNET Wireline, LLC. The amendment incorporates FCC Order 20-152 a Report and Order in WC Docket 19-308 for the Modernizing Unbundling and Resale Requirements in an Era of Next Generation Networks and Services, which were released by the Federal Communications Commission in 2020 and became effective February 8, 2021.

         TODAY, shall the Commission approve the amendment to the interconnection agreement?

4.      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 December 1, 2021, the Commission held an evidentiary hearing on this matter. On January 11, 2022, LTD Broadband filed its Opening Post-Hearing Brief. On January 25, 2022, SDTA and staff filed Post-Hearing Briefs. On February 8, 2022, LTD Broadband filed its Post Hearing Reply Brief. The Commission’s December 23, 2021, Order Setting Post-Hearing Briefing Schedule and Oral Argument Date set oral arguments for February 18, 2022.

         TODAY, shall the Commission grant LTD Broadband’s Application for Designation as an Eligible Telecommunications Carrier for the RDOF census blocks as provided in Exhibit L-6? AND shall the Commission grant LTD Broadband’s request to waive the two-year plan requirement found in ARSD 20:10:32:43.02? 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.   PUC commissioners will participate virtually in the National Association of Regulatory Utility Commissioner Winter Policy Summit, February 13-16, 2022.

2.   The PUC office will be closed Monday, February 21, 2022, in observance of Presidents Day.

3.   PUC commissioners and staff will meet with consumers at the Sioux Empire Home Show, February 25-27, 2022, at the Sioux Falls Convention Center & Arena, Sioux Falls, South Dakota.

4.   The next regular commission meeting will be Friday, March 4, 2022, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.

5.   Commission meetings are scheduled for March 15 and 29, 2022.

/s/ Cindy Kemnitz                 .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
February 11, 2022