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South Dakota Public Utilities Commission Meeting
August 29, 2023, at 9:00 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 Monday, August 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 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 TC23-022, TC23-035 and TC23-038

         TC23-022        In the Matter of the Request of Fort Randall Telephone Company for Certification Regarding Its Use of Federal Universal Service Support(Study Area: 391660) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)

         On June 22, 2023, the Commission received an application from Fort Randall Telephone Company (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.

         TC23-035        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: Adam de Hueck)

         On June 30, 2023, the Commission received an application from Quest 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 August 3, 2023, the Company responded to staff’s data request.

         TC23-038        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 June 30, 2023, 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 August 10, 2023, the Company responded to staff’s data request.

         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.      EL23-018        In the Matter of the Request by RPG Energy Group on behalf of Elmington Capital Group, LLC for a Variance from the Individual Metering Requirement in ARSD 20:10:26:03 for a 200 family unit and 49 senior unit project in Rapid City, SD (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

         On July 19, 2023, RPG Energy Group on behalf of Elmington Capital Group, LLC (RPG Energy) filed a request for a variance of the individual metering requirement contained in ARSD 20:10:26. RPG Energy plans to build a 249 unit housing complex comprised of 200 family units and 49 senior units designed to provide affordable housing to the community of Rapid City. This project will also include a solar PV array on site to provide renewable energy to the development. Under the lease structure on this project, the Landlord is going to pay all utilities. Therefore, RPG Energy is requesting to master meter the building for electrical and gas services.

         TODAY, shall the Commission grant the Master Metering Variance request to Elmington Capital Group, LLC?

2.      EL23-020        In the Matter of the Application of Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. for Authority to Increase its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)

         On August 15, 2023, the Commission received an application by Montana-Dakota Utilities Co. (MDU or Company) for approval to increase rates for electric service to customers in its South Dakota service territory by approximately $3.0 million annually or approximately 17.3% based on MDU’s test year ending December 31, 2022. The Company states a typical residential electric customer using 900 kWh per month would see an increase of approximately $20.00 per month or 17.6%. The proposed changes may potentially affect approximately 8,500 electric customers in MDU’s South Dakota service territory.

         TODAY, shall the Commission suspend the imposition of the tariff for 180 days beyond August 15, 2023? AND shall the Commission assess a filing fee for actual expenses related to the general rate case not to exceed $500,000? AND shall the Commission give the Executive Director authority to enter into necessary consulting contracts?

Natural Gas

1.      NG23-014       In the Matter of the Application of Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)

         On August 15, 2023, the Commission received an application by Montana-Dakota Utilities Co. (MDU or Company) for approval to increase rates for natural gas service to customers in its South Dakota service territory by approximately $7.4 million annually or approximately 11.2% based on MDU’s test year ending December 31, 2022. The Company states a typical residential natural gas customer using 66.3 dk on an annual basis would see an increase of $8.70 per month or 15.9%. The proposed changes may potentially affect approximately 64,600 natural gas customers in MDU’s South Dakota service territory.

         TODAY, shall the Commission suspend the imposition of the tariff for 180 days beyond August 15, 2023? AND shall the Commission assess a filing fee for actual expenses not to exceed $500,000? AND shall the Commission give the Executive Director authority to enter into necessary consulting contracts?

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. Parties have filed prefiled testimony pursuant to the procedural schedule. On August 9, 2023, Applicant filed a Motion to Adopt Substitute Witness Testimony (Motion for Adoption). In its Motion, Applicant requests certain witnesses be permitted to adopt the testimony of a witness who has retired since filing prefiled testimony. On August 18, 2023, a Motion for Time Certain for Witness Testimony (SDTA Motion for Time Certain) was filed by the South Dakota Telecommunications Association (SDTA). In its Motion for Time Certain, SDTA requests its witness be permitted to testify on September 20 or 21 during the evidentiary hearing. On August 18, 2023, Landowners represented by Mr. Jorde filed a Motion to Return Application and a Motion for a Time Certain to Testify for Certain Witnesses (Landowner Motion for Time Certain). The Landowner Motion for Time Certain requests the Commission issue an order setting aside September 16, 18, and 21 as dates for Intervening Landowners to present their witnesses and case. On August 21, 2023, the Commission Issued an Order for and Notice of Motion hearing on Less Than 10 Days’ Notice.

         TODAY, shall the Commission grant Applicant’s Motion for Adoption? AND shall the Commission grant a time certain for witness testimony to any party who has made a request? AND shall the Commission grant Landowner’s Motion to Return Application? 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.   Commissioners and staff will hold a regional transmission discussion Wednesday, August 30, 2023, at 10:30 a.m. in the Commission’s Conference Room in the State Capitol Building, Pierre, South Dakota.

2.   Commissioners and staff will meet with consumers at the South Dakota State Fair August 31 – September 4, 2023, in Huron, South Dakota.

3.   The PUC office will be closed Monday, September 4, 2023, in observance of Labor Day.

4.   The next regular commission meeting will be Tuesday, September 6, 2023, at 9:30 a.m. CDT in Room 414 at the State Capitol Building, Pierre, South Dakota.

5.   An evidentiary hearing for docket HP22-001 - In the Matter of the Application by SCS Carbon Transport LLC for a Permit to Construct a Carbon Dioxide Transmission Pipeline will be held beginning at 9:00 a.m. CDT September 11, 2023, at the Casey Tibbs South Dakota Rodeo Center, 210 Verendrye Drive, Fort Pierre, South Dakota.

6.   Commission meetings are scheduled for September 22 and October 10, 2023.

 

  /s/ Cindy Kemnitz                 .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
August 22, 2023