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South Dakota Public Utilities Commission Meeting
March 28, 2023, at 1:00 P.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 10:00 a.m. CDT on Tuesday, March 28, 2023, 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 Meetings Held on February 28 and March 14, 2023 (Deputy Executive Director: Leah Mohr)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC23-003 In the Matter of the Approval of the Type 2 Wireless Interconnection Agreement between Qwest Corporation dba CenturyLink QC and James Valley Wireless, LLC (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On March 2, 2023, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a Type 2 Wireless Interconnection Agreement between Qwest Corporation dba CenturyLink QC and James Valley Wireless, LLC.
TODAY, shall the Commission approve the Interconnection Agreement?
2. TC23-004 In the Matter of SDTA’s Petition for Waiver of Filing Deadline for the Commission’s Annual USF Certification Process (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On March 6, 2023, the Commission received a Petition for Waiver of ARSD 20:10:32:52 Filing Deadline (Petition) from the South Dakota Telecommunications Association (SDTA). In its Petition, SDTA requests that the Commission waive the June 1 deadline for recertification filings by Eligible Telecommunications Carriers (ETC) and require ETCs to file their 2024 certification petitions on or before July 1, 2023.
TODAY, shall the Commission waive the filing deadline as found in ARSD 20:10:32:52? OR how shall the Commission proceed?
Complaint
1. CE22-001 In the Matter of the Complaint filed by Amber Christenson, Linda Lindgren and Timothy Lindgren against Crowned Ridge Wind LLC regarding Project Sound Level Compliance (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On September 21, 2022, the Commission received a Complaint from Amber Christenson, Linda Lindgren and Timothy Lindgren (Complainants) against Crowned Ridge Wind LLC (Crowned Ridge) alleging deficiencies in sound testing previously conducted by Crowned Ridge. Notice of the Complaint was sent to Crowned Ridge on October 11, 2022. On October 28, 2022, Crowned Ridge Filed a Motion to Dismiss, which staff later joined. On December 27, 2022, the Commission issued an Order Excluding Attachments; Order Denying Motion to Dismiss Formal Complaint. On March 9, 2023, Crowned Ridge filed an Objection to Discovery, Motion to Require Prefiled Testimony and Request for Proposed Procedural Schedule.
TODAY, shall the Commission grant Crowned Ridge’s Request for a Proposed Procedural Schedule? AND shall the Commission grant Crowned Ridge’s request for an extension of time pursuant to ARSD 20:10:01:14 to respond to Complainant Christenson’s First Data Request until a procedural schedule has been established? AND shall the Commission grant Crowned Ridge’s Motion to Require Prefiled Testimony? OR how shall the Commission proceed?
Electric
1. EL23-001 In the Matter of the Filing by Otter Tail Power Company for Approval of Tariff Revisions to Its Rates for Small Power Production and Cogeneration (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On January 30, 2023, the Commission received a filing from Otter Tail Power Company (Otter Tail) for approval of tariff revisions to its Small Power Producer Riders, Sections 12.01, 12.02 and 12.03. Otter Tail proposes to update the energy payments as well as the wind renewable energy credits. These payments are made to small qualifying facilities within the Otter Tail service area. On February 27, 2023, Otter Tail filed responses to data requests. Otter Tail requests an effective date of April 1, 2023.
TODAY, shall the Commission approve the proposed revisions to Otter Tail’s rates for Small Power Production and Cogeneration for Qualifying Facilities and revised tariff sheets with an effective date of April 1, 2023?
2. EL23-003 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions regarding Its 2022 Transmission Cost Recovery Reconciliation and 2023 Transmission Cost Recovery Factors (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On February 15, 2023, the Commission received MidAmerican Energy Company’s (MidAmerican) filing for approval of tariff revisions regarding its Transmission Cost Recovery (TCR) 2022 Reconciliation and 2023 New Factor Calculation. MidAmerican’s TCR mechanism was established in the company’s most recent rate case, EL14-072. With this filing, MidAmerican is establishing new TCR rates based on true ups to the actual over/under recovery from 2022, 2023 forecasted MISO transmission expense, and the forecast over/under recovery for January through March of 2023. MidAmerican requests the new TCR factors have an effective date of March 31, 2023.
TODAY, shall the Commission approve the revised Transmission Cost Recovery rate factors and revised tariff sheet with an effective date of March 31, 2023?
Grain Warehouse
1. GW23-001 In the Matter of PUC Staff’s Complaint Against Banghart Properties, LLC, Gettysburg, South Dakota (Grain Warehouse Program Manager: Cody Chambliss; Staff Attorney: Amanda Reiss)
On January 30, 2023, Commission staff filed a Complaint against Banghart Properties, LLC, Gettysburg, South Dakota (Banghart), alleging Banghart operated as a grain buyer without a license in both license years, 2022 and 2023, among other allegations. On February 17, 2023, Banghart filed an answer to the Complaint. On March 20, 2023, Banghart filed a Motion to Allow Delivery on Open Contracts.
TODAY, shall the Commission grant Banghart’s Motion to Allow Delivery on Open Contracts? OR how shall the Commission proceed?
Natural Gas
1. NG22-005 In the Matter of the Application of MidAmerican Energy Company for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
On May 18, 2022, the Commission received an application by MidAmerican Energy Company (MidAmerican) for approval to increase rates for natural gas service to customers in its South Dakota service territory by approximately $7.037 million based on MidAmerican’s test year ending December 31, 2021. MidAmerican states a typical residential natural gas customer using 52 therms per month would see an increase of $4.16 per month. The proposed changes may affect approximately 104,000 customers. On July 7, 2022, the Commission issued an Order Granting Intervention to Steve Wegman. On March 14, 2023, MidAmerican, staff, and Mr. Wegman filed a Joint Motion for Approval of Settlement Stipulation and a Settlement Stipulation. On March 16, 2023, MidAmerican filed its Interim Refund Plan.
TODAY, shall the Commission grant the Joint Motion for Approval of Settlement Stipulation and approve the rates, tariff sheets, terms and conditions stipulated therein? AND shall the Commission approve MidAmerican’s Interim Refund Plan? OR how shall the Commission proceed?
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. PUC commissioners and staff will meet with consumers at the Black Hills Home Builders Association Home Show, March 24-26, 2023, at The Monument, Rapid City, South Dakota.
2. The PUC office will be closed Friday, April 7, and Monday, April 10, 2023, in observance of Easter.
3. The next regular commission meeting will be Thursday, April 13, 2023, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
4. An evidentiary hearing for docket CT20-001 – In the Matter of the Complaint of Venture Communications Cooperative against New Cingular Wireless PCS, LLC dba AT&T Mobility will be held April 13-14, 2023, beginning at 1:00 p.m. CDT, April 13, in Room 413 at the State Capitol Building, Pierre, South Dakota.
5. Commission meetings are scheduled April 27 and May 9, 2023.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
March 21, 2023
