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South Dakota Public Utilities Commission Meeting
September 27, 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, September 26, 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. 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, the SDTA and AirVoice filed a Stipulation. The matter was considered on August 2, 2022, and deferred. On September 15, 2022, AirVoice, SDTA and staff filed an Amended Stipulation that amends the ETC Petition and places conditions on the ETC designation.
TODAY, shall the Commission approve the Amended Stipulation? AND shall the Commission grant AirVoice’s Petition for Designation as an Eligible Telecommunications Carrier in the State of South Dakota? AND shall the Commission Grant the Waiver of ARSD 20:10:32:43.02? OR how shall the Commission proceed?
2. TC22-050 In the Matter of the Filing of Onvoy, LLC for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On August 2, 2022, the Commission received a filing from Onvoy, LLC (Onvoy) for approval of revisions to its Access Services Tariff No. 2. This filing brings Onvoy’s tariff into compliance with the 8YY Access Service reductions mandated in the Federal Communications Commission’s October 9, 2020, Report and Order in WC Docket No. 18-156. Onvoy requests an effective date of August 2, 2022.
TODAY, shall the Commission approve the requested tariff changes with an effective date of August 2, 2022?
3. TC22-053 In the Matter of the Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Metropolitan Telecommunications of South Dakota Inc. for the State of South Dakota (Staff Analyst: Brittany Mehlhaff: Staff Attorney: Kristen Edwards)
On August 26, 2022, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Amendment to an Interconnection Agreement between Quest Corporation dba CenturyLink QC and Metropolitan Telecommunications of South Dakota Inc. The amendment incorporates FCC Order FCC 19-72 in WC Docket 18-141.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
4. TC22-054 In the Matter of the Approval of an Unbundled Network Elements (UNEs) - Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Metropolitan Telecommunications of South Dakota Inc. for the State of South Dakota (Staff Analyst: Brittany Mehlhaff: Staff Attorney: Kristen Edwards)
On August 26, 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 Metropolitan Telecommunications of South Dakota Inc. The amendment incorporates FCC Orders FCC 19-66 and FCC 19-72.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
5. TC22-055 In the Matter of the Application of BIF IV Intrepid OpCo LLC for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On August 31, 2022, the Commission received an Application for Certificate of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota from BIF IV Intrepid OpCo, LLC (Intrepid). On September 15, 2022, the South Dakota Telecommunications Association filed a Petition to Intervene.
TODAY, shall the Commission grant a Petition to Intervene to anyone who may have filed?
Electric
1. 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. On September 20, 2022, staff filed a Letter Requesting Authority for the Executive Director to enter a Consulting Contract.
TODAY, shall the Commission grant the executive director authority to enter a consulting contract?
2. EL21-018 In the Matter of the Application by North Bend Wind Project, LLC for a Permit to Construct and Operate the North Bend Wind Project in Hyde County and Hughes County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
On June 23, 2021, North Bend Wind Project, LLC (North Bend or Project) filed an application for a permit to construct the North Bend Wind Project, a wind energy facility located on approximately 46,931 acres of land in Hyde County and Hughes County, South Dakota, in the townships of Butte, Chapelle, Harrold, Holabird, Pleasant Valley, Pratt, and Webster. The total installed capacity of the Project would not exceed 200 megawatts nameplate capacity. The proposed Project includes up to 71 wind turbine generators, access roads to turbines and associated facilities, underground 34.5-kilovolt (kV) electrical collector lines, underground fiber-optic cable, a 34.5-kV to 230-kV collection substation, a 230-kV interconnection switching station, an aircraft detection lighting system and one permanent meteorological tower. The Project will interconnect to the Western Area Power Administration’s Fort Thompson-Oahe 230-kV transmission line, which crosses the southern portion of the project area. The Project, at the time of filing this application, has not executed a purchase power agreement. The Project is expected to be operational in late 2022. Applicant estimates the total cost of the Project to be between $265 and $285 million. On September 17, 2021, the Commission granted party status to Judi Bollweg, individually and on behalf of Tumbleweed Lodge and Bollweg Family, LLLP, and Michael Bollweg, individually and on behalf of Bollweg Family, LLLP. On February 25, 2022, North Bend filed a Motion to Extend Deadline to extend the deadline for a Commission decision and suspend the current schedule. On August 17, 2022, North Bend filed a Letter Regarding Motion for Scheduling Order and the Signed Hughes County Board of Adjustment Conditional Use Permit. On September 19, 2022, North Bend, Intervenors and staff filed a Joint Stipulation and Motion to Adopt Second Revised Procedural Schedule.
TODAY, shall the Commission grant the Joint Stipulation and Motion to Adopt Second Revised Procedural Schedule?
3. EL22-014 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval to Revise Residential Electric Dual Fuel Space Heating Service Rate 53 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On June 15, 2022, the Commission received a filing from Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc. (MDU) for revisions to the Residential Dual Fuel Space Heating Service (Rate 53). MDU proposes to remove three provisions relating to interruption of service from the Rate 53 tariff. MDU currently has 262 customers on Rate 53. On July 12, 2022, MDU responded to staff’s data request. On July 29, 2022, MDU filed revised responses to staff’s data request.
TODAY, shall the Commission approve the tariff revisions?
4. 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 affect approximately 97,500 customers. On July 22, 2022, the Commission issued an Order Suspending Operation of Proposed Rates; Order Assessing Filing Fee; Order Authorizing Consulting Contracts. In response to the Notice of Change in Rates, multiple customers of Xcel have filed comments requesting the rate be suspended and a public hearing be held. On September 13, 2022, this matter was discussed and deferred until the September 27, 2022, meeting. On September 16, 2022, Steve Wegman filed to intervene in the docket.
TODAY, shall the Commission grant intervention to any anyone who may have filed? AND how shall the Commission proceed in regard to a public input meeting?
5. EL22-020 In the Matter of the Joint Request for Approval of an Amended Electric Service Territory Boundary Agreement between Black Hills Electric Cooperative, Inc. and West River Electric Cooperative (Staff Analyst: Darren Kearney, Staff Attorney: Amanda Reiss)
On July 29, 2022, the Commission received a joint request for Approval of an Amended Electric Service Territory Boundary Agreement (Agreement) from Black Hills Electric Cooperative, Inc. and West River Electric Association, Inc. The Agreement modifies the electric service territory boundary lines located in section 34 of Township 1 North, Range 8 East and in section 9 of Township 1 South, Range 9 East that were set in docket EL12-053. The purpose of the Agreement is to prevent the duplication of facilities between the two utilities.
TODAY, shall the Commission approve the Amended Electric Service Territory Boundary Agreement between Black Hills Electric Cooperative, Inc. and West River Electric Association, Inc.?
6. EL22-023 In the Matter of the Joint Request for Service Rights Exception between Southeastern Electric Cooperative, Inc. and Central Electric Cooperative, Inc. (Staff Attorney: Darren Kearney, Staff Analyst: Kristen Edwards)
On September 2, 2022, the Commission received a Consent and Agreement for Exception to Service between Southeastern Electric Cooperative, Inc. (Southeastern Electric) and Central Electric Cooperative, Inc (Central Electric). Central Electric agreed to allow Southeastern Electric to provide single phase electrical service, not to exceed 50 kVA, to a residential home that will be constructed in Central Electric’s assigned service territory. The legal description for the property is Lot 3: Lot 6 NE4 SE4 of Section 12, Township 103 North (T103N), Range 57 West (R57W), Hanson County, South Dakota. Southeastern Electric has an existing service located closer to the property and that will result in a lower contribution in aid of construction for the homeowner to receive electrical service.
TODAY, shall the Commission approve the Consent and Agreement for Exception to Service between Southeastern Electric Cooperative, Inc. and Central Electric Cooperative, Inc.?
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. On September 1, 2022, the parties filed a settlement agreement with the Commission and request for adoption of settlement agreement.
TODAY, shall the Commission adopt the settlement agreement? OR how shall the Commission proceed?
Natural Gas
1. NG22-008 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of its Gas Transportation Tariff Revisions Regarding Fuel Retention Percentage (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On August 26, 2022, the Commission received a filing from NorthWestern Corporation dba NorthWestern Energy (NorthWestern). This filing proposes to update Sheet No. 6.2 in Section No. 5 of NorthWestern’s filed natural gas tariff. NorthWestern’s tariff provides that the Fuel Retention Percentage is to be updated annually and be effective October 1 each year. NorthWestern also proposes to update the fuel rate for customers with an average daily therm usage greater than 30,000. NorthWestern states that customers who fit this high usage criterion are primarily direct connect customers whose gas system is not subject to the normal losses in a distribution system. NorthWestern seeks an effective date of October 1, 2022.
TODAY, shall the Commission approve the proposed tariff revisions effective October 1, 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 will attend the 2022 South Dakota Municipal League Annual Conference Thursday, October 6, 2022, at the Watertown Event Center, Watertown, South Dakota.
2. The PUC office will be closed Monday, October 10, 2022, in observance of the Native American Day holiday.
3. The next regular commission meeting will be Tuesday, October 11, 2022, at 1:30 p.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
4. Commission meetings are scheduled for October 27 and November 8, 2022.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
September 20, 2022
