Consumer Assistance | Energy | Telecom | Warehouse | Commission Actions | Miscellaneous
arrow Commission Agendas | previous page

South Dakota Public Utilities Commission Meeting
November 8, 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. CST on Monday, November 7, 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       TC22-056        In the Matter of the Filing of Clear Rate Communications, LLC for Approval of Revisions to Its Access Service Tariff (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

         On October 18, 2022, the Commission received a filing by Clear Rate Communications, LLC (Clear Rate) for approval of revisions to its Tariff No. 1. These revisions are being made to revise certain switched access rates in compliance with the requirements of the Report and Order, FCC 20-143, on 8YY Access Charge Reform issued by the Federal Communications Commission in WC Docket No. 18-156. Clear Rate requests an effective date of October 19, 2022. On October 19, 2022, Clear Rate filed redlined tariff pages.

         TODAY, shall the Commission approve the tariff revisions with an effective date of October 19, 2022?

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. At its regularly scheduled meeting on July 19, 2022, the Commission considered this matter and on July 20, 2022, the Commission ordered that the South Dakota Electric Public Utilities file initial comments addressing the standard by October 21, 2022. On October 19, 2022, the Commission received NorthWestern Energy’s comments. On October 20, 2022, the Commission received MidAmerican Energy Company’s comments. On October 21, 2022, the Commission received comments from ChargePoint, Inc., Otter Tail Power Company, and Xcel Energy. On October 28, 2022, the Commission received comments from Black Hills Energy.

         TODAY, shall the Commission further consider measures to promote greater electrification of the transportation sector? OR how shall the Commission proceed?

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. At its regularly scheduled meeting on July 19, 2022, the Commission considered this matter and on July 20, 2022, the Commission ordered that the South Dakota Electric Public Utilities file initial comments addressing the standard by October 21, 2022. On October 18, 2022, the Commission received MidAmerican Energy Company’s comments. On October 19, 2022, the Commission received NorthWestern Energy’s comments. On October 21, 2022, the Commission received comments from Otter Tail Power Company and Xcel Energy. On October 28, 2022, the Commission received comments from Black Hills Energy.

         TODAY, shall the Commission further consider establishing rate mechanisms to allow an electric public utility to timely recover the costs of promoting demand-response and demand flexibility practices? OR how shall the Commission proceed?

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. At the August 30, 2022, Commission meeting, Xcel volunteered to conduct a second sound test to address Greg Wall’s concerns. On October 25, 2022, Xcel filed a Crowned Ridge Wind II – Complaint Sound Monitoring Protocol.

         TODAY, shall the Commission approve the Crowned Ridge Wind II – Complaint Sound Monitoring Protocol?

2.      EL22-028        In the Matter of the Joint Request for Approval of an Electric Service Agreement between NorthWestern Corporation dba NorthWestern Energy and Clay-Union Electric, Inc. (Staff Analyst: Joseph Rezac, Staff Attorney: Kristen Edwards)

         On October 11, 2022, the Commission received a joint petition from NorthWestern Corporation dba NorthWestern Energy (NorthWestern) and Clay-Union Electric Corporation (Clay-Union) requesting the Commission approve an electric service agreement. The agreement will allow NorthWestern to serve an existing Clay-Union customer and the proposed operations expansion at 3302 E. Highway 50, Yankton, South Dakota.

         TODAY, shall the Commission approve the requested service rights exception between NorthWestern Corporation dba NorthWestern Energy. and Clay-Union Electric, Inc.?

3.      EL22-030        In the Matter of the Joint Request for Service Rights Exception between Douglas Electric Cooperative, Inc. and Southeastern Electric Cooperative, Inc. (Staff Analyst: Joseph Rezac, Staff Attorney: Kristen Edwards)

         On October 17, 2022, the Commission received an Agreement for Exception to Service between Southeastern Electric Cooperative, Inc. (Southeastern Electric) and Douglas Electric Cooperative (Douglas). Douglas agreed to allow Southeastern Electric to provide electrical service to a property in Douglas’ assigned service territory. The legal description for the property is the SE1/4 of the SE1/4 of Section 36, Township 100 North (T100N), Range 62 West (R062W), Douglas 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 owner to receive electrical service.

         TODAY, shall the Commission approve the Agreement for Exception to Service on Assigned Areas between Southeastern Electric Cooperative, Inc. and Douglas Electric Cooperative, Inc.?

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 PUC office will be closed Friday, November 11, 2022, in observance of the Veterans Day holiday.

2.   Commissioners will attend the 2022 National Association of Regulatory Commissioners’ Annual Meeting, November 13-16, 2022, at the New Orleans Marriott, New Orleans, Louisiana.

3.   The next regular commission meeting will be Friday, November 18, 2022, at 1:00 p.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.

4.   Public input meetings for docket HP22-002 - In the Matter of the Application of Navigator Heartland Greenway, LLC for a Permit Under The South Dakota Energy Conversion and Transmission Facilities Act to Construct the Heartland Greenway Pipeline in South Dakota will be held:

  • Monday, November 21, 2022, beginning at 5:30 p.m. CST in the Canton Performing Arts Center, 800 N. Main, Canton,South Dakota.
  • Tuesday, November 22, 2022, beginning at 11:30 a.m. CST in the William J. Janklow Community Center, 800 W. Community Dr., Flandreau,South Dakota.
  • Tuesday, November 22, 2022, beginning at 5:30 p.m. CST in the Washington Room, Ramkota Conference Center, 3200 W. Maple Street, Sioux Falls,South Dakota.

5.   The PUC office will be closed Thursday, November 24, 2022, in observance of the Thanksgiving holiday.

6.   Commission meetings are scheduled for December 6 and 20, 2022.

  /s/ Cindy Kemnitz                 .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
November 1, 2022