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South Dakota Public Utilities Commission Meeting
July 5, 2022, at 1:30 P.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 10:00 a.m. CDT on Tuesday, July 5, 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 June 8, 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. On March 18, 2022, the Commission issued an Order ruling on the bifurcated issue. On March 31, 2022, the Commission set a procedural schedule and assessed a filing fee. The parties have since negotiated and entered into an interconnection agreement. A Notice of Settlement and Request for Approval of Interconnection Agreement was filed on May 20, 2022.
TODAY, shall the Commission approve the Interconnection Agreement?
2. TC22-008 In the Matter of an Application of NebraskaLink Holdings, LLC for a Certificate of Authority for Interexchange Service in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On March 18, 2022, NebraskaLink Holdings, LLC (NebraskaLink) filed an application for a Certificate of Authority to provide interexchange long distance services in South Dakota. Specifically, NebraskaLink intends to provide Voice over Internet interexchange service, internet access service, and fiber transport services through the use of its own facilities and leased facilities from third party carriers. On April 19, 2022, NebraskaLink responded to staff’s data requests.
TODAY, shall the Commission grant NebraskaLink Holdings, LLC’s request for a Certificate of Authority to provide interexchange services in South Dakota?
3. TC22-014 In the Matter of the Filing of MCImetro Access Transmission Services LLC dba Verizon Access Transmission Services for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Joseph Rezac, Staff Attorney: Amanda Reiss)
On June 9, 2022, the Commission received a filing by MCImetro Access Transmission Services Corp. dba Verizon Access Transmission Services for approval of revisions to its Access Service Tariff No 2. This filing proposes the second step in implementing the 8YY Access Service reductions mandated in the Federal Communications Commission’s October 9, 2020, Report and Order in WC Docket No. 18-156, FCC Release No. 20-143. MCImetro Access Transmission Services Corp. dba Verizon Access Transmission Services requests an effective date of July 1, 2022. On June 28, 2022, the company filed a corrected tariff page.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2022?
4. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC22-011, TC22-012, and TC22-013
TC22-011 In the Matter of the Request of City of Brookings Municipal Telephone for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391650) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
On June 3, 2022, the Commission received an application from Brookings Municipal Telephone (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On June 9, 2022, the Company responded to staff’s data request.
TC22-012 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391654) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)
On June 8, 2022, the Commission received an application from Interstate Telecommunications Cooperative, Inc. (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company.
TC22-013 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399013) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Karen Cremer)
On June 8, 2022, the Commission received an application from Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On June 13, 2022, the Company responded to staff’s data request.
TODAY, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in each of the above dockets?
Electric
1. EL22-013 In the Matter of Otter Tail Power Company’s Petition for Approval of Phase-In Rider Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On June 1, 2022, the Commission received a petition by Otter Tail Power Company (Otter Tail) for approval of its annual update to its Phase-in Rate Plan Rider. Otter Tail makes this filing pursuant to SDCL 49-34A-73 through 49-34A-78. In this filing, Otter Tail proposes to adjust the Phase-in Rate Plan Rider Rate to reflect the applicable rider revenue requirements for the next recovery period (September 2022 – August 2023), to recover actual and forecasted costs for the Astoria Station Natural Gas Plant project, Merricourt Wind Project, forecasted net benefits associated with additional load in the Lake Norden area, and net savings associated with Otter Tail’s retirement of its Hoot Lake Plant. Otter Tail also includes two new projects in the filing with the Ashtabula III wind farm purchase and the Advanced Grid Infrastructure projects. Otter Tail states a typical residential electric customer using an average of 1,000 kWh per month will see an increase of $7.54 per month resulting from this filing. Otter Tail proposes an effective date of September 1, 2022.
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?
2. EL22-016 In the Matter of the Filing by Otter Tail Power Company for Approval to Temporarily Suspend Credit Card Fees (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On June 29, 2022, Otter Tail Power Company (Otter Tail) filed for Approval to Temporarily Suspend Credit Card Fees due to Otter Tail’s current digital payment system not being able to distinguish which state customers’ electric accounts are in when paying with a credit card. Otter Tail states the suspension of convenience fees for credit card users would extend until a new payment system can be set up to differentiate which state each customer’s account is in and apply the convenience fee appropriately.
TODAY, shall the Commission approve Otter Tail Power Company’s Request to Temporarily Suspend Credit Card Fees, effective July 1, 2022, on less than 30 days’ notice?
Natural Gas
1. NG22-005 In the Matter of the Application of MidAmerican Energy Company for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
On May 18, 2022, the Commission received an application by MidAmerican Energy Company (MidAmerican) for approval to increase rates for natural gas service to customers in its South Dakota service territory by approximately $7.037 million based on MidAmerican’s test year ending December 31, 2021. MidAmerican states a typical residential natural gas customer using 52 therms per month would see an increase of $4.16 per month. The proposed changes may affect approximately 104,000 customers. On June 10, 2022, Steve Wegman filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to any parties that may have filed?
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 five states, including seven 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. Five public input meetings were held between March 22 and March 25, 2022. Party status has been granted to numerous persons (Intervenors). On June 13, 2022, the Commission issued an Order Granting, in part, Motion to Extend Final Decision Deadline; Order Denying Landowners’ Motion to Dismiss and, in the Alternative, Motion for Stay. On June 15, 2022, Intervenor Greg Alvine requested to withdraw as a party.
TODAY, shall the Commission grant withdrawal of party status to those who have requested to withdraw?
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. The next regular commission meeting will be Tuesday, July 19, 2022, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
2. Commission meetings are scheduled for August 2 and 18, 2022.
/s/Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
June 28, 2022
