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South Dakota Public Utilities Commission Meeting
October 10, 2023, at 1:30 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, October 10, 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 September 22, 2023 (Deputy Executive Director: Leah Mohr)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC23-044 In the Matter of the Approval of an ILEC-CLEC Mid-Span Meet POI Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and SSTELECOM, INC. dba ITC for the State of South Dakota (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On September 6, 2023, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of an ILEC-CLEC Mid-Span Meet POI Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and SSTELECOM, INC. dba ITC for the State of South Dakota.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
2. TC23-045 In the Matter of the Approval of a Single Point of Presence (SPOP) in the LATA Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and SSTELECOM, INC. dba ITC for the State of South Dakota (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On September 6, 2023, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of an SPOP in the LATA Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and SSTELECOM, INC. dba ITC for the State of South Dakota.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
3. TC23-046 In the Matter of the Petition of North American Local, LLC for Approval of Reclassification as a Facilities-Based Eligible Telecommunications Carrier (Staff Analyst: Joseph Rezac; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
On September 29, 2023, North American Local, LLC filed with the Commission a Petition for reclassification as a Facilities-Based Eligible Telecommunications Carrier. North American Local, LLC seeks this reclassification for the purpose of offering Lifeline services on a wireless basis in the State of South Dakota. On October 2, 2023, the South Dakota Telecommunications Association filed a Petition to Intervene.
TODAY, shall the Commission grant the South Dakota Telecommunications Association’s Petition to Intervene?
4. TC23-047 In the Matter of the Request of Cheyenne River Sioux Tribe Telephone Authority for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391647) (Staff Analyst: Eric Paulson; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
On September 29, 2023, the Commission received an application from Cheyenne River Sioux Tribe Telephone Authority (Company) requesting the Commission to issue waiver of the ETC certification filing deadline and 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 grant Cheyenne River Sioux Tribe Telephone Authority’s request for waiver of the ETC certification filing deadline? AND 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?
Electric
1. EL19-012 In the Matter of the Application by Sweetland Wind Farm, LLC for Facility Permits for a Wind Energy Facility and a 230-kV Transmission Facility in Hand County, South Dakota for the Sweetland Wind Farm Project (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorney: Kristen Edwards)
On March 6, 2019, Sweetland Wind Farm, LLC (Applicant) filed an application for facility permits to construct Sweetland Wind Farm, a wind energy facility located on approximately 20,979 acres of land in Hand County, South Dakota and a 230-kV transmission line (Project). The total installed capacity of the Project would be approximately 200 MW nameplate capacity. The proposed Project includes up to 71 wind turbine generators, access roads to turbines and associated facilities, underground electrical power collector lines connecting the turbines to the Project substation, an operations and maintenance facility, and temporary construction areas, including crane paths, pull sites, access roads, a laydown yard, and a concrete batch plant(s) (as needed), and four permanent meteorological towers. The Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation; Order Granting Permit to Construct Facility; Notice of Entry (Permit) on July 31, 2019. As required by Condition 42 of the Permit, Applicant has filed a proposed escrow agreement for Commission approval.
TODAY, shall the Commission approve Applicant’s escrow agreement?
2. EL21-032 In the Matter of Otter Tail Power Company’s Petition for Approval of Real Time Pricing Rider Tariff (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On November 19, 2021, Otter Tail Power Company (Otter Tail) filed a Petition for approval of tariff revisions to its Real Time Pricing Rider. In its Petition, Otter Tail states that the changes will provide clarification of its service conditions and requirements. On December 22, 2021, intervention was granted to Valley Queen Cheese Factory, Inc. (Valley Queen), a customer of Otter Tail. In Docket EL23-022, the rate at issue in this matter was closed to new customers by Commission Order dated September 25, 2023. On September 20, 2023, Valley Queen filed a Motion for Leave to Withdraw as an Intervenor.
TODAY, shall the Commission grant Valley Queen’s Motion for Leave to Withdraw as an Intervenor?
3. EL23-023 In the Matter of the Joint Service Exception Agreement between Northern States Power Company, a Minnesota Corporation dba Xcel Energy and Sioux Valley Southwestern Electric Cooperative, Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On August 23, 2023, the Commission received a joint petition from Northern States Power Company, a Minnesota Corporation dba Xcel Energy (Xcel) and Sioux Valley Southwestern Electric Cooperative, Inc. (Sioux Valley) requesting the Commission approve a service rights exception. The service rights exception will allow Xcel to provide service to six (6) 200 amp, 1-phase residential services in Sioux Valley service territory. The proposed residential services are located in the southwest quadrant of T101N R49W S24 in Minnehaha County, South Dakota.
TODAY, shall the Commission approve the requested service rights exception between Northern States Power Company, a Minnesota Corporation dba Xcel Energy and Sioux Valley Southwestern Electric Cooperative, Inc.?
4. EL23-024 In the Matter of the Joint Request for Approval of an Amended Electric Service Territory Boundary Agreement between West River Electric Association, Inc. and Black Hills Power, Inc. dba Black Hills Energy (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On September 1, 2023, the Commission received a joint request for Approval of an Amended Electric Service Territory Boundary Agreement (Agreement) between West River Electric Association and Black Hills Power, Inc. dba Black Hills Energy. The Agreement modifies the electric service territory boundary lines located in section 31 of Township 5 North, Range 6 East, specifically Lot A of the SE1/4SE1/4. The Agreement is based on consideration of both companies’ infrastructure placement and the cost implications associated with the line extension.
TODAY, shall the Commission approve the Amended Electric Service Territory Boundary Agreement between West River Electric Association and Black Hills Power, Inc. dba Black Hills Energy?
5. EL23-029 In the Matter of the Joint Request for an Electric Service Territory Boundary Change between Northern States Power Company dba Xcel Energy and Sioux Valley Southwestern Electric Cooperative, Inc. (Staff Analyst: Joseph Rezac; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
On September 20, 2023, the Commission received a joint request for Approval of an Electric Service Territory Boundary Change (Agreement) between Northern States Power Company dba Xcel Energy and Sioux Valley Southwestern Electric Cooperative, Inc. The Agreement seeks to exchange territory located in section 17 of Township 101 North, Range 48 West. The purpose of the Agreement is to avoid unnecessary duplication of facilities.
TODAY, shall the Commission approve the Electric Service Territory Boundary Change between Northern States Power dba Xcel Energy and Sioux Valley Southwestern Electric Cooperative, Inc.?
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 Crowned Ridge failed to comply with conditions of the permit issued by the Commission and alleging deficiencies in sound testing previously conducted by Crowned Ridge. Notice of the Complaint was sent to Crowned Ridge on October 11, 2022, with a revised answer deadline of October 31, 2022. On April 3, 2023, the Commission issued an Order Granting Request for Procedural Schedule; Order Granting Extension of Time to Respond to Data Request; Order Granting Motion to Require Pre-filed Testimony. On April 19, 2023, the Commission issued an Order Establishing Procedural Schedule that set deadlines for prefiled testimony and set October 11-12, 2023, as dates for the evidentiary hearing. On July 5, 2023, Amber Christenson filed prefiled testimony and then supplemented that prefiled testimony on July 7, 2023. On August 7, 2023, Crowned Ridge filed prefiled testimony of Richard Lampeter and Stefan Martinsen. On September 6, 2023, Amber Christenson filed prefiled rebuttal testimony. On September 18, 2023, Crowned Ridge filed a Motion in Limine to exclude certain portions of Amber Christenson’s direct, rebuttal, and oral testimony and exhibits. On September 21, 2023, the Commission issued an Order For and Notice of Hearing on Motion in Limine.
TODAY, shall the Commission grant the Motion in Limine? 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. The PUC office will be closed Monday, October 9, 2023, in observance of the Native American Day holiday.
2. An evidentiary hearing for docket 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, will be held October 11-12, 2023, beginning at 9:00 a.m. CDT on Wednesday, October 11, in Room 414 at the State Capitol Building, Pierre, South Dakota.
3. The next regular commission meeting will be Tuesday, October 24, 2023, at 1:00 p.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
4. Commission meetings are scheduled for November 7 and 21, 2023.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
October 3, 2023
