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South Dakota Public Utilities Commission Meeting
July 19, 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, July 18, 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 16, 2022, and the Ad Hoc Commission Meeting Held on June 29, 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 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. The Commission has received requests to withdraw as an intervenor by certain parties previously granted party status. Those requests can be viewed in the docket at https://puc.sd.gov/Dockets/HydrocarbonPipeline/2022/HP22-001.aspx.
TODAY, shall the Commission grant withdrawal of party status to those who have requested to withdraw?
Telecommunications
1. TC22-019 In the Matter of the Filing of Airus, Inc. for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On June 21, 2022, the Commission received a filing by Airus, Inc. (Airus) for approval of revisions to its Tariff No. 1. These revisions are being made to address the FCC’s rules related to Toll-Free Originating Access Service rates. Airus requests an effective date of August 2, 2022. On June 29, 2022, Airus filed redlined tariff pages.
TODAY, shall the Commission approve the tariff revisions with an effective date of August 2, 2022?
2. TC22-020 In the Matter of the Approval of an Unbundled Network Elements (UNEs) - Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Ymax Communications Corp. for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On June 21, 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 Ymax Communications Corp. The amendment incorporates forbearance orders FCC 19-66 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. TC22-021 In the Matter of the Approval of a FCC Modernizing Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Ymax Communications Corp. for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On June 21, 2022, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of the FCC Modernizing Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC (CenturyLink) and Ymax Communications Corp. On July 1, 2022, CenturyLink filed a Replacement Amendment to the Agreement.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
4. TC22-022 In the Matter of the Filing of Peerless Network of South Dakota, LLC for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Patrick Steffensen, Staff Attorney: Amanda Reiss)
On June 21, 2022, the Commission received a filing by Peerless Network of South Dakota, LLC (Peerless) for approval of revisions to its Access Service Tariff No 1. 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. On July 1, 2022, Peerless filed corrected tariff pages to request an effective date of July 1, 2022.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2022?
5. TC22-031 In the Matter of the Filing of Granite Telecommunications, LLC for Approval of Revisions to Its Access Services Tariff No. 3 (Staff Analyst: Joseph Rezac, Staff Attorney: Kristen Edwards)
On June 27, 2022, the Commission received a filing by Granite Telecommunications, LLC (Granite) for approval of revisions to its Access Services Tariff No. 3. The purpose of this filing is to bring Granite’s tariff into compliance with the Federal Communications Commission’s October 9, 2020, Report and Order in WC Docket No. 18-156, FCC Release No. 20-143. Granite requests an effective date of July 1, 2022. On July 5, 2022, Granite filed revised tariff pages.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2022?
6. TC22-038 In the Matter of the Filing by dishNET Wireline, LLC for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Patrick Steffensen, Staff Attorney: Amanda Reiss)
On June 29, 2022, the Commission received a filing by dishNET Wirline, LLC (dishNET) 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. dishNET requests an effective date of July 1, 2022. On July 1, 2022, the company filed corrected tariff pages.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2022?
7. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC22-015, TC22-016, TC22-017, TC22-018, TC22-023, TC22-025 and TC22-040
TC22-015 In the Matter of the Request of Golden West Telecommunications Cooperative, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: Armour-391640, Golden West Telecom-391659, Kadoka-391667, Sioux Valley-391677, Union-391684, Vivian-391686) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
On June 13, 2022, the Commission received an application from Golden West 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. On July 5, 2022, the Company responded to staff’s data request.
TC22-016 In the Matter of the Request of James Valley Cooperative Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391664) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Karen Cremer)
On June 15, 2022, the Commission received an application from James Valley Cooperative Telephone Company (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 29, 2022, the Company responded to staff’s data request.
TC22-017 In the Matter of the Request of James Valley Wireless, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399014) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Karen Cremer)
On June 15, 2022, the Commission received an application from James Valley Wireless, LLC (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 29, 2022, the Company responded to staff’s data request.
TC22-018 In the Matter of the Request of Northern Valley Communications, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 399017 and 396340) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)
On June 15, 2022, the Commission received an application from Northern Valley Communications, LLC (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 29, 2022, the Company responded to staff’s data request.
TC22-023 In the Matter of the Request of TrioTel Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: McCook 391669 and Tri-County Telecom 391682) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
On June 22, 2022, the Commission received an application from TrioTel Communications 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.
TC22-025 In the Matter of the Request of Fort Randall Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391660) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
On June 23, 2022, the Commission received an application from Fort Randall Telephone Company (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.
TC22-040 In the Matter of the Request of City of Faith Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391653) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
On June 29, 2022, the Commission received an application from City of Faith Municipal Telephone Company (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.
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?
Administration
1. AA22-002 In the Matter of the South Dakota Public Utilities Commission, Electrification of Transportation Investigation (Commission Counsel: Adam de Hueck)
On November 15, 2021, the President of the United States signed The Infrastructure Investment and Jobs Act ("IIJA"), H.R. 3684, 117th Cong. (2021). Pursuant to the IIJA, Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) was amended ("Amendments") by adding the following standard:
(21) Each State shall consider measures to promote greater electrification of the transportation sector, including the establishment of rates that -
(A) Promote affordable and equitable electric vehicle charging options for residential, commercial, and public electric vehicle charging infrastructure;
(B) Improve the customer experience associated with electric vehicle charging, including by reducing charging times for light-, medium-, and heavy-duty vehicles; and
(C) Accelerate third-party investment in electric vehicle charging for light-, medium-, and heavy-duty vehicles; and
(D) Appropriately recover the marginal costs of delivering electricity to electric vehicles and electric vehicle charging infrastructure.
Consideration of the standard or a hearing for consideration must commence within one year of the date of enactment. Consideration must provide a determination no later than two years of the date of enactment. If prior state actions were taken to address the standard, the requirements do not apply. On June 23, 2022, Commission Counsel filed a Proposed Order seeking each public utility file written comments in this matter.
TODAY, shall the Commission issue the Proposed Order?
2. AA22-003 In the Matter of the South Dakota Public Utilities Commission, Demand Response Investigation (Commission Counsel: Adam de Hueck)
On November 15, 2021, the President of the United States signed The Infrastructure Investment and Jobs Act ("IIJA"), H.R. 3684, 117th Cong. (2021). Pursuant to the IIJA, Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) was amended ("Amendments") by adding the following standard:
Each electric utility shall promote the use of demand-response and demand flexibility practices by commercial, residential, and industrial customers to reduce electricity consumption during periods of unusually high demand.
The Amendments provide that each State regulatory authority shall consider establishing rate mechanisms to allow an electric public utility to timely recover the costs of promoting demand-response and demand flexibility practices. Consideration of the standard or a hearing for consideration must be set within one year of the date of enactment. Consideration must provide a determination within two years of the date of enactment. If prior state actions were taken to address the standard, the requirements do not apply. On June 23, 2022, Commission Counsel filed a Proposed Order seeking each public utility file written comments in this matter.
TODAY, shall the Commission issue the Proposed Order?
Electric
1. EL08-031 In the Matter of the Application by Buffalo Ridge II LLC a Subsidiary of Iberdrola Renewables, Inc., for an Energy Conversion Facility Permit for the Construction of the Buffalo Ridge II Wind Farm and Associated Collection Substation and Electric Interconnection System. (Staff Analyst: Darren Kearney; Staff Attorney: Amanda Reiss)
On October 31, 2008, Buffalo Ridge II LLC, a subsidiary of Iberdrola Renewables, Inc., (Buffalo Ridge or Applicant) submitted an application for an Energy Conversion Facility Permit for the Construction of the Buffalo Ridge II Wind Farm and Associated Collection Substation and Electric Interconnection System to be located in Brookings and Deuel counties. The project consists of 105 wind turbines with a total generating capacity of 210 MWs, as well as a 13-mile long 115 kilovolt overhead transmission line. On April 23, 2009, the Commission issued its Final Decision and Order (Permit) authorizing the construction of the Project. Condition 24 of the Permit required Buffalo Ridge to file a Project status report, updated decommissioning plan and financial information for the Applicant in accordance with ARSD 20:10:22:33.01 for the Commission’s review and approval within 90 days following the date 10 years after the project commences operation. Further, Condition 24 also states that at such time the Commission will determine whether the Applicant shall be required to provide a bond, letter of credit, guarantee or other security to assure adequate funding is available for decommissioning. On March 31, 2021, Buffalo Ridge filed a Wind Project Decommissioning Plan for the Buffalo Ridge II Wind Project. On May 5, 2021, Buffalo Ridge filed a Project Status Report. On July 8, 2021, Buffalo Ridge and Commission staff filed a Joint Motion for Approval of Decommissioning Plan and Stipulation of Financial Assurance. At the August 3, 2021, Commission meeting, the Commission requested certain revisions be made to the Joint Motion for Approval of Decommissioning Plan and Stipulation of Financial Assurance. On September 21, 2021, Buffalo Ridge and staff filed an Amended Joint Motion for Approval of Decommissioning Plan and Stipulation of Financial Assurance. On October 1, 2021, the Commission issued an Order Granting Amended Joint Motion for Approval of Decommissioning Plan and Stipulation of Financial Assurance (Financial Assurance Order). On December 2, 2021, Buffalo Ridge II filed a Motion to Approve Bond in accordance with the Financial Assurance Order. On June 30, 2022, Buffalo Ridge II filed a revised Bond and Motion to Accept the Bond.
TODAY, shall the Commission approve the Motion to Approve the Bond filed June 30, 2022?
2. EL22-015 In the Matter of the Joint Request for an Electric Service Territory Boundary Change between Northern States Power Company dba Xcel Energy and Southeastern Electric Cooperative Inc. (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
On June 15, 2022, the Commission received a Service Territory Exchange Agreement (Agreement) between Northern States Power Company dba Xcel Energy (Xcel) and Southeastern Electric Cooperative, Inc. (Southeastern). The Agreement amends the existing electric service territory boundary that was approved by the Commission in docket EL19-021. Specifically, Xcel and Southeastern agreed to exchange service territory between the utilities in section 35 of Township 100N, Range 50W in Lincoln County to make the servicing of a newly platted development more efficient from a construction and development standpoint.
TODAY, shall the Commission approve the Service Territory Exchange Agreement?
3. EL22-017 In the Matter of the Application of Northern States Power Company dba Xcel Energy for Authority to Increase its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
On June 30, 2022, the Commission received an application by Northern States Power Company dba Xcel Energy (Xcel) for approval to increase rates for electric service to customers in its South Dakota service territory by approximately $44.1 million annually or approximately 17.9% based on Xcel’s 2021 historic test year. Xcel states a typical residential electric customer using 750 kWh per month would see an increase of $19.58 per month. The proposed changes may affect approximately 97,500 customers.
TODAY, shall the Commission suspend the imposition of the tariff for 180 days beyond June 30, 2022? AND shall the Commission assess a filing fee for actual expenses not to exceed $250,000? AND shall the Commission give the Executive Director authority to enter into necessary consulting contracts?
Telecommunications - Continued
1. 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 March 21, 2022, the Commission issued a Final Decision and Order Denying Application for Designation as an Eligible Telecommunications Carrier in Certain Census Blocks; Notice of Entry of Order. On April 20, 2022, LTD Broadband filed a Petition for Reconsideration or Rehearing. On May 9, 2022, SDTA filed an Objection to LTD Broadband LLC’s Petition for Reconsideration or Rehearing. On May 10, 2022, staff filed a Response to LTD Broadband LLC’s Petition for Reconsideration or Rehearing. On June 2, 2022, LTD filed an Amended Petition for Reconsideration or Rehearing. On June 17, 2022, SDTA filed an Objection to LTD Broadband LLC’s Amended Petition for Reconsideration or Rehearing.
TODAY, shall the Commission reconsider its Final Decision and Order Denying Application for Designation as an Eligible Telecommunications Carrier in Certain Census Blocks? If yes, what is the Commission’s decision on LTDs’ Amended Petition for Reconsideration or Rehearing?
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. Commissioners will attend the Heartland Consumers Power District’s Summer Conference on Tuesday, July 26, 2022, at the Dakota Prairie Playhouse, Madison, South Dakota.
2. The next regular commission meeting will be Tuesday, August 2, 2022, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
3. Commissioners and staff will attend the South Dakota Telecommunications Association’s Annual Conference, August 14-16, 2022, at the Holiday Inn City Centre, Sioux Falls, South Dakota.
4. Commission meetings are scheduled for August 18 and 30, 2022.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
July 12, 2022
