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South Dakota Public Utilities Commission Meeting
March 29, 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 28, 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 Meetings Held on March 4 and 15, 2022 (Staff: Janeth Merriman)
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 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. On March 18, 2022, the Commission issued an Order ruling on the bifurcated issue.
TODAY, shall the Commission set a date for the evidentiary hearing on the interconnection agreement? AND shall the commission order a filing fee pursuant to SDCL 49-31-44 to defray the expenses incident to conducting the hearing or investigation in this docket?
2. TC22-005 In the Matter of the Application of Torch Wireless for Designation as an Eligible Telecommunications Carrier for Purposes of Lifeline Only in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On February 17, 2022, the Commission received an Application for Designation as an ETC for Purposes of Lifeline Only from Torch Wireless. Torch Wireless is seeking designation as an ETC in non-rural and in rural service areas. On March 11, 2022, Torch Wireless filed a Petition to Dismiss without prejudice.
TODAY, shall the Commission grant Torch Wireless’ Petition to Dismiss the docket without prejudice?
Electric
1. EL22-001 In the Matter of the Filing by Otter Tail Power Company for Approval of Tariff Revisions to Its Rates for Small Power Production and Cogeneration (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On January 28, 2022, the Commission received a filing from Otter Tail Power Company (Otter Tail) for approval of tariff revisions to its Small Power Producer Riders, Sections 12.01, 12.02, and 12.03. Otter Tail proposes to update the energy payments as well as the wind renewable energy credits. These payments are made to small qualifying facilities within the Otter Tail service area. Otter Tail also proposes to offer an Optional Production Meter to customers who wish to track their generation. On March 17, 2022, Otter Tail filed responses to data requests and updated tariff sheets. Otter Tail requests an effective date of April 1, 2022.
TODAY, shall the Commission approve the proposed revisions to Otter Tail Power Company’s rates for Small Power Production and Cogeneration for Qualifying Facilities and revised tariff sheets with an effective date of April 1, 2022?
2. EL22-002 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval to Provide a Light Emitting Diode (LED) Option for Street Lighting Service Customers (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On February 1, 2022, the Commission received an application from Black Hills Power, Inc. dba Black Hills Energy (BHE) requesting approval of a Light Emitting Diode (LED) Option for Street Lighting Service Customers. The proposed change will allow BHE to offer an LED lighting option in its tariff.
TODAY, shall the Commission approve the tariff revisions with an effective date of April 1, 2022?
3. EL22-005 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval of Its 2021 Economic Development Report and 2022 Economic Development Plan (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On February 28, 2022, the Commission received an application from Black Hills Power, Inc. dba Black Hills Energy (BHE) requesting approval of its 2021 Economic Development Report and its 2022 Economic Development Plan and Budget. BHE makes this filing in compliance with the settlement stipulation approved in Docket EL14-026. BHE provides actual economic development expenses for 2021 and information regarding the memberships, community sponsorships, and other activities the program supports as well as the 2022 budget and planned economic development activities for the year.
TODAY, shall the Commission approve Black Hills Power, Inc. dba Black Hills Energy’s 2021 Economic Development Report and its 2022 Economic Development Plan?
Grain Warehouse
1. GW22-003 In the Matter of the Settlement Agreement with Atlantic Grain & Trade, LLC (Grain Warehouse Program Manager: Cody Chambliss; Staff Attorney: Kristen Edwards)
On March 8, 2022, staff filed a Settlement Agreement and Request for Adoption of Settlement Agreement between staff and Atlantic Grain & Trade, LLC (Atlantic). In this uncontested matter, Atlantic admitted to purchasing grain in the State of South Dakota without a license. Staff and Atlantic worked together to come to an agreement as to the appropriate penalty and now asks the Commission to approve that agreement as set forth in the Stipulation and Settlement Agreement.
TODAY, shall the Commission adopt the Settlement Agreement and impose a fine of $10,000 against Atlantic Grain & Trade, LLC? 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 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.
2. Commissioners will attend The Center for Public Utilities’ Current Issues Conference April 10-13, 2022, at the Eldorado Hotel, Santa Fe, New Mexico.
3. The next regular commission meeting will be Thursday, April 14, 2022, at 1:30 p.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
4. Commission meetings are scheduled for April 28 and May 11, 2022.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
March 22, 2022
