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South Dakota Public Utilities Commission Meeting
March 15, 2022, 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 Monday, March 14, 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)

Electric

1.      EL22-003    In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions regarding its 2021 Transmission Cost Recovery Reconciliation and 2022 Transmission Cost Recovery Factors (Staff Analyst: Brittany Mehlhaff, Staff Attorney: Amanda Reiss)

         On February 15, 2022, the Commission received MidAmerican Energy Company’s (MidAmerican) filing for approval of tariff revisions regarding its Transmission Cost Recovery (TCR) 2021 Reconciliation and 2022 New Factor Calculation. MidAmerican’s TCR mechanism was established in the company’s most recent rate case, EL14-072. With this filing, MidAmerican is establishing new TCR rates based on true ups to the actual over/under recovery from 2021, 2022 forecasted MISO transmission expense, and the forecast over/under recovery for January through March of 2022. MidAmerican requests the new TCR factors have an effective date of April 1, 2022.

         TODAY, shall the Commission assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date? AND shall the Commission approve the revised Transmission Cost Recovery rate factors and revised tariff sheet with an effective date of April 1, 2022?

2.      EL22-004    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: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

         On February 18, 2022, the Commission received a filing from MidAmerican Energy Company (MidAmerican) for approval of tariff revisions to its Rate SAL – Street and Area Lighting tariff. MidAmerican proposes to add new rates for customer-owned light emitting diode (LED) lighting options to accommodate requests by customers wanting the install customer-owned LED lighting at higher wattages than are currently in the tariff. The proposed rates were calculated using the same methodology as approved in Docket EL21-030. MidAmerican requests an effective date of March 22, 2022.

         TODAY, shall the Commission approve the tariff revisions with an effective date of March 22, 2022? 

3.      EL22-006    In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Transmission Cost Recovery Rider Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

         On March 1, 2022, Montana-Dakota Utilities Co. (MDU) filed for approval of its annual update to its Transmission Cost Recovery (TCR) Rider. MDU states the proposed tariff change is necessary to reflect the projected 2022 charges assessed to MDU for transmission-related services provided by the Midcontinent Independent System Operator and Southwest Power Pool along with the projected revenues and/or credits received by MDU for transmission-related services. In addition, MDU is including the projected 2022 revenue requirements for three previous approved transmission projects and two new transmission projects in its projected 2022 TCR update. MDU proposes a TCR Rider rate of $0.01734 per kWh to be effective May 1, 2022, which is an increase of $0.01040 per kWh from that currently authorized.

         TODAY, shall the Commission assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date?

4.      EL22-007    In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Infrastructure Rider Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

         On March 1, 2022, the Commission received a petition from Montana-Dakota Utilities Co. (MDU) for approval of the annual update to its Infrastructure Rider Rate, pursuant to the terms of the Company’s Infrastructure Rider Rate 56 tariff. MDU proposes an Infrastructure Rider rate of $0.00646 per kWh for the rate period covered by this filing, which is a decrease of $0.00041 per kWh from that currently authorized. Under the Infrastructure Rider Rate 56 tariff, MDU shall update the Infrastructure Rider annually to be effective each May 1.

         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?

Hydrocarbon Pipeline

1.      HP09-001    In the Matter of the Application by TransCanada Keystone Pipeline, LP for a Permit under the South Dakota Energy Conversion and Transmission Facility Act to Construct the Keystone XL Project. (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)

         On March 12, 2009, TransCanada Keystone Pipeline, LP, (Keystone or Applicant) filed a siting permit application for the South Dakota portion of the proposed Keystone XL Project (Project). On June 29, 2010, Keystone was granted a permit to construct the Project. On June 2, 2010, the Commission issued an Order Approving Public Liaison Officer. The approved public liaison officer has served in that capacity since the Commission’s Order. On January 21, 2016, in docket HP14-001, the Commission issued a Final Decision and Order Finding Certification Valid and Accepting Certification. On June 28, 2018, the Commission approved Applicant’s Indemnity Bond (Road Bond) pursuant to SDCL 49-41B-38 and Condition 23(f) of the Amended Final Decision and Order. On June 9, 2021, TC Energy terminated the Keystone XL project after President Biden revoked the Presidential Permit allowing Keystone to construct and operate a pipeline segment across the international border. On December 21, 2021, Keystone filed a Motion to Release Road Bond, Approve Removal of Public Liaison Officer and Accept Final Reporting and Certificate of Service.

         TODAY, shall the Commission release Applicant’s Road Bond? AND shall the Commission grant removal of the Public Liaison Officer? AND shall the Commission terminate Applicant’s reporting obligations? OR how shall the Commission proceed?

Telecommunications

1.      TC21-126    In the Matter of the Filing by Clear Rate Communications, LLC for Approval of Its Access Services Tariff No. 1 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

         On December 29, 2021, the Commission received a filing from Clear Rate Communications, LLC (Clear Rate) for approval of its initial South Dakota Access Services Tariff No. 1. On January 31, 2022, Clear Rate responded to staff’s first data request. On February 2, 2022, Clear Rate filed a revised tariff. On February 22, 2022, Clear Rate responded to staff’s second data request.

         TODAY, shall the Commission approve the proposed Access Services Tariff No. 1?

2.      TC22-003    In the Matter of the Approval of the LIS Facility PVU Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Level 3 Communications, LLC (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

         On February 11, 2022, the Commission received a filing pursuant to 47 U.S.C. § 252 for the LIS Facility PVU Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Level 3 Communications, LLC for the State of South Dakota.

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

3.      TC22-004    In the Matter of the Approval of the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Simwood Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

         On February 11, 2022, the Commission received a filing pursuant to 47 U.S.C. § 252 for the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Simwood Inc. for the State of South Dakota.

         TODAY, shall the Commission approve the interconnection agreement?

4.      TC22-006    In the Matter of the Approval of the Interconnection Agreement between Brookings Municipal Utilities dba Swiftel Communications and T-Mobile USA, INC. (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

         On February 17, 2022, the Commission received a Filing for Approval of a Reciprocal Transport and Termination Agreement between Brookings Municipal Utilities dba Swiftel Communications and T-Mobile USA, INC. According to the filing, the parties wish to put in place an arrangement for the mutual exchange and reciprocal compensation of local telecommunications traffic between their respective networks in accordance with FCC rules and the Telecommunications Act of 1996.

         TODAY, shall the Commission approve the interconnection agreement?

5.      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 January 6, 2022, the Commission issued an Order Bifurcating Issue. The bifurcated issue is whether Midcontinent is required to get a Certificate of Authority from the Public Utilities Commission to provide the services contemplated in Midcontinent’s Proposed Interconnection Agreement? The Parties have briefed the bifurcated issue.

         TODAY, how shall the Commission rule on the bifurcated issue? OR how shall the Commission proceed? AND shall the Commission set a date for the evidentiary hearing on the interconnection agreement?

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.    Public input meetings for docket HP22-001 - In the Matter of the Application by SCS Carbon Transport LLC for a Permit to Construct a Carbon Dioxide Transmission Pipeline will be held:

  • Tuesday, March 22, 2022, beginning at 5:30 p.m. CDT in the Sully Buttes High School Gymnasium, 500 S. 8th Street, Onida, South Dakota.
  • Wednesday, March 23, 2022, beginning at 5:30 p.m. CDT in the Washington Room, Ramkota Conference Center, 3200 W. Maple Street, Sioux Falls, South Dakota.
  • Thursday, March 24, 2022, beginning at 12:00 p.m. (noon) CDT in the De Smet Event Center, 705 Wilder Lane, De Smet, South Dakota.
  • Thursday, March 24, 2022, beginning at 5:30 p.m. CDT in the Redfield School Auditorium, 111 E. 6th Avenue, Redfield, South Dakota.
  • Friday, March 25, 2022, beginning at 12:00 p.m. (noon) CDT in the Northern Room, Ramkota Hotel, 1400 8th Avenue Northwest, Aberdeen, South Dakota.

2.    PUC commissioners and staff will meet with consumers at the Black Hills Home Builders Association Home Show, March 25-27, 2022, at The Monument, Rapid City, South Dakota.

3.    The next regular commission meeting will be Tuesday, March 29, 2022, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.

4.    Commissioners will attend The Center for Public Utilities’ Current Issues Conference April 10-13, 2022, at the Eldorado Hotel, Santa Fe, New Mexico.

5.    Commission meetings are scheduled for April 14 and 28, 2022.

 

 

/s/ Cindy Kemnitz                 .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
March 8, 2022