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South Dakota Public Utilities Commission Meeting
August 2, 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, August 1, 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 July 5, 2022 (Staff: Janeth Merriman)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC22-009 In the Matter of the Petition of AirVoice Wireless, LLC dba AirTalk Wireless for Designation as an Eligible Telecommunications Carrier in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On March 28, 2022, the Commission received a Petition for Designation as an Eligible Telecommunications Carrier (ETC) from AirVoice Wireless, LLC dba AirTalk Wireless (AirVoice). AirVoice is seeking designation as an ETC solely to provide Lifeline service to qualifying South Dakota consumers in non-rural and rural service areas. On May 2, 2022, the Commission issued an order granting intervention to the South Dakota Telecommunications Association (SDTA). On July 15, 2022, AirVoice filed a Settlement Stipulation with SDTA that amends the ETC Petition and places conditions on the ETC designation.
TODAY, shall the Commission Approve the Settlement Stipulation? AND shall the Commission Grant AirVoice’s Petition for Designation as an Eligible Telecommunications Carrier in the State of South Dakota? OR how shall the Commission proceed?
2. TC22-047 In the Matter of the Filing by AT&T Corp. for Approval of Revisions to Its Access Services Tariff (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On July 5, 2022, the Commission received a filing by AT&T Corp. (AT&T) for approval of revisions to its Access Services and Network Interconnection Services Tariff. The purpose of this filing is to bring AT&T’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.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of August 2, 2022?
3. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC22-024, TC22-026, TC22-027, TC22-029, TC22-030, TC22-032, TC22-033, TC22-034, TC22-035, TC22-039, TC22-041, TC22-042 and TC22-043
TC22-024 In the Matter of the Request of Kennebec Telephone Co., Inc. for Certification Regarding its Use of Federal Universal Service Support (Study Area 391668) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
On June 22, 2022, the Commission received an application from Kennebec Telephone Co., 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 18, 2022, the Company responded to staff’s data requests.
TC22-026 In the Matter of the Request of Santel Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391676) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
On June 23, 2022, the Commission received an application from Santel Communications 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 15, 2022, the Company responded to staff’s data requests.
TC22-027 In the Matter of the Request of Venture Communications Cooperative for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391680) (Staff Analyst: Eric Paulson; Commission Attorney: Adam de Hueck)
On June 27, 2022, the Commission received an application from Venture Communications Cooperative (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 1, 2022, the company filed an amended filing. On July 18, 2022, the Company responded to staff’s data requests.
TC22-029 In the Matter of the Request of West River Telecommunications Cooperative for Certification Regarding its Use of Federal Universal Service Support (Study Area: Mobridge–391671) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
On June 27, 2022, the Commission received an application from West River Telecommunications Cooperative, Mobridge, (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 19, 2022, the Company responded to staff’s data requests.
TC22-030 In the Matter of the Request of RT Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 512251) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
On June 27, 2022, the Commission received an application from RT 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. On July 11, 2022, the Company responded to staff’s data request.
TC22-032 In the Matter of the Request of Midstate Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: ILEC-391670 and CLEC-399011) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
On June 27, 2022, the Commission received an application from Midstate 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. On July 18, 2022, the Company responded to staff’s data requests.
TC22-033 In the Matter of the Request of Jefferson Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391666) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
On June 28, 2022, the Commission received an application from Jefferson 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 July 20, 2022, the Company responded to staff’s data request.
TC22-034 In the Matter of the Request of Beresford Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391649) (Staff Analyst: Eric Paulson; Commission Attorney: Adam de Hueck)
On June 28, 2022, the Commission received an application from Beresford 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.
TC22-035 In the Matter of the Request of RC Technologies for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391674) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
On June 28, 2022, the Commission received an application from RC Technologies (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 15, 2022, the Company responded to staff’s data request.
TC22-039 In the Matter of the Request of West River Cooperative Telephone Company Certification Regarding Its Use of Federal Universal Service Support (Study Area 391689) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
On June 29, 2022, the Commission received an application from West River 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 July 18, 2022, the Company responded to staff’s data requests.
TC22-041 In the Matter of the Request of Cheyenne River Sioux Tribe Telephone Authority for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391647) (Staff Analyst: Eric Paulson; Commission Attorney: Adam de Hueck)
On June 29, 2022, the Commission received an application from Cheyenne River Sioux Tribe Telephone Authority (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 15, 2022, the Company responded to staff’s data request.
TC22-042 In the Matter of the Request of Midcontinent Communications for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399005) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
On June 30, 2022, the Commission received an application from Midcontinent Communications (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 15, 2022, the Company responded to staff’s data request.
TC22-043 In the Matter of the Request of Alliance Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 391405, 391642, 391657 and 399024) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
On June 30, 2022, the Commission received an application from Alliance Communications 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€ and should receive all federal universal service support determined for distribution to the Company. On July 8, 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. EL22-018 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions to its Rates for Cogeneration and Small Power Production Facilities (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Amanda Reiss)
On June 30, 2022, MidAmerican Energy Company (MidAmerican) filed a request for approval of tariff revisions to update its Rate QF – Cogeneration and Small Power Production Facilities tariff (Rate QF). This filing updates Rate QF energy and capacity credits based on MidAmerican’s current avoided costs. MidAmerican states it does not currently have any customers taking service under Rate QF. MidAmerican requests an effective date of August 15, 2022.
TODAY, shall the Commission approve MidAmerican’s tariff revisions with an effective date of August 15, 2022?
2. EL22-019 In the Matter of the Joint Request for Approval of an Electric Service Rights Exception between Dakota Energy Cooperative, Inc. and Northern Electric Cooperative, Inc. (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
On July 7, 2022, the Commission received a joint petition from Dakota Energy Cooperative, Inc. (Dakota Energy) and Northern Electric Cooperative, Inc. (Northern Electric) requesting the Commission approve a service rights exception. The service rights exception will allow Dakota Energy to provide three-phase electric service to an irrigation pump load center that will be located within Northern Electric’s service territory. The proposed irrigation pump load center will be located in the S ½ of the NW ¼ of Section 34, Township 114 North, Range 62 West, in Spink County.
TODAY, shall the Commission approve the requested service rights exception between Dakota Energy Cooperative, Inc. and Northern Electric Cooperative, Inc.?
Gas and Electric
1. GE22-002 In the Matter of the Application of NorthWestern Corporation dba NorthWestern Energy for Approval of Corporate Restructuring (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)
On June 1, 2022, NorthWestern Corporation dba NorthWestern Energy (NorthWestern) filed an Application for Approval of Corporate Restructuring (Application). In its Application, NorthWestern seeks authorization to implement a restructuring plan (Restructuring Plan) through which NorthWestern’s state utility operating divisions will become separate wholly-owned subsidiaries of a newly formed holding company. The Restructuring Plan will separate and insulate NorthWestern’s public utility businesses in South Dakota and Nebraska from its public utility business in the state of Montana and from its other business activities. After the implementation of the Restructuring Plan, NorthWestern will continue to provide the same utility services in South Dakota and Nebraska through a new entity. The subsidiary will be a separate, stand-alone, first-tier subsidiary underneath the holding company. NorthWestern states the Restructuring Plan serves the public interest, and it does not anticipate any adverse impacts to customers.
TODAY, shall the Commission approve NorthWestern Energy’s Corporate Restructuring Plan? OR how shall the Commission proceed?
Natural Gas
1. NG22-006 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with CE bp Renew Dynamic Co II, LLC (Staff Analyst: Jon Thurber; Staff Attorney: Kristen Edwards)
On June 17, 2022, NorthWestern Corporation dba NorthWestern Energy (NorthWestern) filed for approval of a contract with deviations with CE bp Renew Dynamic Co II, LLC (Customer). Customer intends to deliver renewable natural gas by truck to an interconnection facility at NorthWestern’s town border station in Brookings, South Dakota. The Agreement includes provisions to secure project costs and guaranteed delivery volumes to support the project recovery over a seven-year period. On July 11, 2022, NorthWestern filed an amendment to the Transportation Service Agreement.
TODAY, shall the Commission approve NorthWestern Energy’s contract with deviations with CE bp Renew Dynamic Co ll, LLC and the associated tariff revisions with an effective date of August 3, 2022?
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 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.
2. The next regular commission meeting will be Thursday, August 18, 2022, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
3. Commission meetings are scheduled for August 30 and September 13, 2022.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
July 26, 2022
