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South Dakota Public Utilities Commission Meeting
July 28, 2023, at 10:00 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 Thursday, July 27, 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 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 11, 2023 (Deputy Executive Director: Leah Mohr)

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 TC23-012, TC23-013, TC23-016, TC23-017, TC23-027, TC23-029, TC23-032 and TC23-033

         TC23-012        In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391654) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)

         On June 6, 2023, the Commission received an application from Interstate Telecommunications 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.

         TC23-013        In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399013) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)

         On June 6, 2023, the Commission received an application from Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, 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.

         TC23-016        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 20, 2023, 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.

         TC23-017        In the Matter of the Request of Venture Vision, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399025) (Staff Analyst: Eric Paulson; Commission Attorney: Adam de Hueck)

         On June 20, 2023, the Commission received an application from Venture Vision, 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.

         TC23-027        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, 2023, 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.

         TC23-029        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: Adam de Hueck)

         On June 28, 2023, 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.

         TC23-032        In the Matter of the Request of Valley Telecommunications Cooperative Association, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391685) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)

         On June 28, 2023, the Commission received an application from Valley Telecommunications Cooperative Association, 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.

         TC23-033        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 29, 2023, 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.

         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?

2.      TC23-024        In the Matter of the Filing of Airus, Inc. for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

         On June 26, 2023, the Commission received a filing by Airus, Inc. (Airus) for approval of revisions to its Tariff No. 1. These revisions are being made to address the FCC’s rules related to Toll-Free Originating Access Service rates. Airus requests an effective date of August 2, 2023.

         TODAY, shall the Commission approve the tariff revisions with an effective date of August 2, 2023?

3.      TC23-036        In the Matter of the Filing by AT&T Corp. for Approval of Revisions to Its Access Services Tariff (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

         On June 30, 2023, the Commission received a filing by AT&T Corp. for approval of revisions to its Access Services and Network Interconnection Services Tariff. This filing proposes the next step in implementing the 8YY Access Service reductions mandated in the Federal Communications Commission’s October 9, 2020, Report and Order in WC Docket No. 18-156, FCC Release No. 20-143. AT&T Corp. requests an effective date of August 1, 2023.

         TODAY, shall the Commission approve the proposed tariff revisions with an effective date of August 1, 2023?

Gas & Electric

1.      GE23-001       In the Matter of the Filing by MidAmerican Energy Company for Approval of a Revised Customer Information Welcome Booklet (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

         On June 26, 2023, the Commission received a filing from MidAmerican Energy Company (MidAmerican) for approval of a revised Customer Information Welcome Booklet. Pursuant to ARSD 20:10:16:02, the Customer Information Welcome Booklet shall be submitted to the Commission for approval. MidAmerican is updating the rates to match the recently approved rates from the last rate case and various other revisions. MidAmerican requests an approval date of July 31, 2023.

         TODAY, shall the Commission approve the proposed revisions to MidAmerican Energy Company’s Customer Information Welcome Booklet?

Hydrocarbon and Carbon Dioxide Pipeline

1.      HP22-001        In the Matter of the Application by SCS Carbon Transport LLC for a Permit to Construct a Carbon Dioxide Transmission Pipeline (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Kristen Edwards)

         On February 7, 2022, the Commission received an Application for a Permit to Construct a Carbon Dioxide Transmission Pipeline (Application) from SCS Carbon Transport LLC (Applicant). Applicant proposes to construct and operate a carbon dioxide (CO2) transmission pipeline (Project). The Project is approximately 2,000 miles of pipelines for the transportation of CO2 from more than 30 ethanol plants across five states, including seven ethanol plants in South Dakota, to underground injection control facilities in North Dakota. Five public input meetings were held between March 22 and March 25, 2022. Party status has been granted to numerous persons (Intervenors). The Commission has established a procedural schedule with an evidentiary hearing to commence September 11, 2023, and has established November 15, 2023, as the deadline for a final decision in this docket. On July 18, 2023, staff filed a Motion for Time Certain seeking a specific date on which certain staff witnesses will be called to testify at the evidentiary hearing.

         TODAY, shall the Commission grant a time certain for witness testimony to any party who may have requested a time certain? 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.   An evidentiary hearing 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 beginning at 9:00 a.m. CST, July 25, 2023, at the Casey Tibbs South Dakota Rodeo Center, 210 Verendrye Drive, Fort Pierre, South Dakota.

2.   Commissioners will attend the MidAmerica Regulatory Conference Annual Meeting, August 6-9, 2023, at the JW Marriott in Grand Rapids, Michigan.
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3.   The next regular commission meeting will be Tuesday, August 15, 2023, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.

4.   Commission meetings are scheduled for August 29 and September 6, 2023.

  /s/ Cindy Kemnitz                 .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
July 21, 2023