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South Dakota Public Utilities Commission Meeting
August 30, 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 29, 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)
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC22-044 and TC22-045
TC22-044 In the Matter of the Request of Qwest Corporation dba CenturyLink QC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 395145) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
On July 1, 2022, the Commission received an application from Qwest Corporation dba CenturyLink QC. (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 27, 2022, the Company responded to staff’s data request. This matter was deferred from the August 18, 2022, meeting.
TC22-045 In the Matter of the Request of Clarity Telecom, LLC dba Bluepeak Fiber for Certification Regarding Its Use of Federal Universal Service Support (Study Area: ILEC–391652 and CLEC–399006) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
On July 1, 2022, the Commission received an application from Clarity Telecom, LLC dba Bluepeak Fiber (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 27, 2022, the Company responded to staff’s data request. This matter was deferred from the August 18, 2022, meeting.
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. EL19-003 In the Matter of the Application by Crowned Ridge Wind, LLC for a Permit of a Wind Energy Facility in Grant and Codington Counties (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On January 30, 2019, Crowned Ridge Wind, LLC (Crowned Ridge) filed an application for a permit to construct a wind energy conversion facility to be located in Grant County and Codington County, South Dakota (Project). On July 26, 2019, the Commission issued a Final Decision and Order Granting Permit to Construct Facility; Notice of Entry (Permit). On January 9, 2020, the Commission issued an Order Granting Temporary Waiver that approved Crowned Ridge to operate temporarily without low noise trailing edge (LNTE) blade attachments installed on all turbine blades subject to the curtailment of certain turbines and Crowned Ridge conducting post construction noise compliance testing in accordance with Condition 26 of the Permit. On January 15, 2021, Crowned Ridge filed its Sound Level Compliance Evaluation Report. On March 18, 2021, Crowned Ridge filed a Motion for Approval of Mitigation Plan in order to verify compliance with Condition 26 of the Permit. On April 9, 2021, the Commission issued an Order Approving Mitigation Plan. On July 29, 2021, Intervenor Amber Christenson filed a Motion to Amend Mitigation Plan of the Sound Study Protocol of Crowned Ridge Wind, LLC, Fall 2021. On August 30, 2021, Christenson and Robish filed a Petition for Reconsideration. On September 9, 2021, the Commission issued an Order Granting Petition for Reconsideration and Order Granting Motion to Amend Sound Study Mitigation Plan in Part on Reconsideration. On February 14, 2022, Crowned Ridge filed the Sound Level Compliance Evaluation Report. On April 11, 2022, staff filed its Crowned Ridge Wind Sound Testing November 2021 Data Review and Assessment by Hessler Associates, Inc. On August 10, 2022, Christenson filed a Motion to Require a Sound Study of Crowned Ridge Wind, LLC, Fall 2022. On August 15, 2022, Crowned Ridge filed a response to the Motion.
TODAY, shall the Commission grant the Motion to Require a Sound Study of Crowned Ridge Wind, LLC, for the Fall of 2022? OR how shall the Commission proceed?
2. EL19-027 In the Matter of the Application by Crowned Ridge Wind II, LLC for a Permit of a Wind Energy Facility in Deuel, Grant and Codington Counties (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On July 9, 2019, the Commission received an Application for a Wind Energy Facility Permit from Crowned Ridge Wind II, LLC (CRW II), a subsidiary of NextEra Energy Resources, LLC. CRW II proposes to construct a wind energy facility to be located in Codington, Deuel and Grant counties, South Dakota (Project). The Project is located in Waverly, Kranzburg North, Kranzburg South, Troy, Rome, Goodwin, and Havana townships. On April 6, 2020, the Commission issued its Final Decision and Order Granting Permit to Construct Facility; Permit Conditions; Notice of Entry (Permit). On October 30, 2020, the Commission issued an Order Granting Motion for Approval of Transfer of Permit and Approving Transfer of Permit in which ownership of CRW II was transferred to Northern States Power Company dba Xcel Energy (Xcel). Xcel received sound complaints at three non-participating residences following commercial operation, and voluntarily agreed to conduct field surveys and provide monitoring data verifying compliance with specified noise levels in accordance with Condition 26 of the Permit. On May 4, 2021, Xcel filed a Post-Construction Sound Monitoring Protocol for testing scheduled to begin the week of May 24, 2021. The Commission issued an Order Approving Post Construction Noise Compliance Test Protocol on May 19, 2021. On August 6, 2021, Xcel filed its Post Construction Noise Compliance Report. On August 17, 2022, Greg Wall contacted staff regarding a request for further sound testing.
TODAY, how shall the Commission proceed?
3. 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. On July 29, 2022, Otter Tail filed revised tariff pages and customer notices.
TODAY, shall the Commission approve Otter Tail Power Company’s Phase-In Rider Rates and revised tariff sheets with an effective date of September 1, 2022?
Grain Warehouse
1. GW22-006 In the Matter of the PUC Staff’s Complaint Against South Dakota Hutterian Co-Operative of Aberdeen, South Dakota (Grain Warehouse Manager: Cody Chambliss; Staff Attorney: Kristen Edwards)
On July 15, 2022, Commission staff filed a Complaint against Hutterian Co-Operative of Aberdeen, South Dakota (Hutterian) regarding operating as a grain buyer without a license. Since the filing, Hutterian has been working with staff to become a licensed grain buyer. On August 2, 2022, Hutterian filed a letter with the Commission requesting a waiver of ARSD 20:10:12:14, requiring a Class A Grain Buyer to have audited or reviewed financial statements.
TODAY, shall the Commission grant Hutterian Co-Operative’s request for a waiver of ARSD 20:10:12:14?
Natural Gas
1. NG22-007 In the Matter of the Filing by MidAmerican Energy Company for Approval of Its 2021 Economic Development Activities and 2022 Proposed Budget (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On July 6, 2022, MidAmerican Energy Company (MidAmerican) filed its 2021 Economic Development Activities and Proposed 2022 Budget for Commission approval. The filing included MidAmerican’s report on 2021 economic development activities, actual expenses for 2021, and the planned budget for 2022.
TODAY, shall the Commission approve MidAmerican Energy Company’s 2021 Economic Development Activities and 2022 Proposed Budget?
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 a South Dakota Association of Cooperatives’ event on, Wednesday, August 31, 2022, at 5:30 p.m. CDT, at the Arrowwood Resort and Convention Center, Oacoma, South Dakota.
2. Commissioners and staff will meet with consumers at the South Dakota State Fair September 1-5, 2022, in Huron, South Dakota.
3. The PUC office will be closed Monday, September 5, 2022, in observance of Labor Day.
4. Commissioners will attend the East River Electric Power Cooperative annual meeting, Wednesday, September 7, 2022, at the Ramkota Hotel in Sioux Falls, South Dakota.
5. The next regular commission meeting will be Tuesday, September 13, 2022, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
6. Commissioners will attend the Central Electric Cooperative Annual Meeting, Monday, September 26, 2022, at 5:30 p.m. CDT at the Corn Palace, Mitchell, South Dakota.
7. Commission meetings are scheduled for September 27 and October 11, 2022.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
August 23, 2022
