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South Dakota Public Utilities Commission Meeting
February 20, 2024, at 1:30 P.M. CST
DOT Commission Room, Becker-Hansen 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. CST on Tuesday, February 20, 2024, 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 February 6, 2024 (Deputy Executive Director: Leah Mohr)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC23-050 In the Matter of the Application of EarthGrid PBC CORPORATION for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
On December 1, 2023, the Commission received a filing from EarthGrid PBC CORPORATION (EarthGrid) for a Certificate of Authority to provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota. In its application, EarthGrid seeks a Certificate to provide local exchange and interexchange telecommunications services throughout South Dakota excluding the areas served by a rural telephone company. EarthGrid will provide resold and facilities-based non-switched point-to-point local and interexchange telecommunications services to wireless service providers (WSPs), other telecommunications carriers and communications providers, municipalities, tribal communities, and commercial customers.
TODAY, shall the Commission grant EarthGrid’s request for a Certificate for Authority to provide local exchange and interexchange telecommunication services in South Dakota? AND shall the Commission grant EarthGrid’s request for a waiver of ARSD 20:10:32:10?
2. TC23-055 In the Matter of the Filing for Approval of Amendment No. 2 to the Interconnection Reciprocal Transport and Termination Agreement between Verizon Wireless and TrioTel Communications, Inc. (Staff Analyst: Joseph Rezac; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
On December 14, 2023, the Commission received a filing pursuant to 47 U.S.C. § 252 for the Amendment No. 2 to the Interconnection Agreement between Verizon Wireless and TrioTel Communications, Inc. The Amendment authorizes Verizon Wireless’ agent, Verizon Business, to order new direct connection facilities to the point of interconnection location within TrioTel Communications’ rate center.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
3. TC23-056 In the Matter of the Filing for Approval of Amendment No. 2 to the Interconnection Reciprocal Transport and Termination Agreement between Verizon Wireless and Venture Communications, Cooperative, Inc. (Staff Analyst: Joseph Rezac; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
On December 14, 2023, the Commission received a filing pursuant to 47 U.S.C. § 252 for the Amendment No. 2 to the Interconnection Agreement between Verizon Wireless and Venture Communications, Inc. The Amendment authorizes Verizon Wireless’ agent, Verizon Business, to order new direct connection facilities to the point of interconnection location within Venture Communications’ rate center.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
4. TC24-001 In the Matter of the Approval of the Carrier Partner for Interconnected VoIP Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Airus, Inc. for the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Logan Schaefbauer)
On January 5, 2024, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a Carrier Partner for Interconnected VoIP Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Airus, Inc.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
5. TC24-002 In the Matter of the Petition of Assurance Wireless USA, L.P. for Designation as an Eligible Telecommunications Carrier for the Purpose of Offering Lifeline Service to Qualifying Customers (Staff Analyst: Eric Paulson; Staff Attorney Logan Schaefbauer)
On January 12, 2024, the Commission received Assurance Wireless USA, L.P.’s Petition for Designation as an Eligible Telecommunications Carrier for the Purpose of Offering Lifeline Service to Qualifying Customers. On February 7, 2024, the South Dakota Telecommunications Association’s Petition to Intervene was granted. On February 9, 2024, the Commission received Assurance Wireless USA, L.P.’s Motion for Procedural Schedule.
TODAY, shall the Commission approve the proposed procedural schedule? OR how shall the Commission proceed?
6. TC24-005 In the Matter of the Filing of TracFone Wireless, Inc.’s Petition for Approval of a Designation as an Eligible Telecommunications Carrier in the State of South Dakota for the Limited Purpose of Providing Lifeline Service to Qualifying Customers (Staff Analyst: Eric Paulson; Staff Attorney: Logan Schaefbauer)
On February 1, 2024, the Commission received TracFone Wireless, Inc.’s Petition for an Eligible Telecommunications Carrier Designation for the Limited Purpose of Providing Lifeline Service to Qualifying Customers. On February 7, 2024, the South Dakota Telecommunications Association filed a Petition to Intervene.
TODAY, shall the Commission grant a Petition to Intervene to anyone who may have filed?
Electric
1. EL17-050 In the Matter of the Application of Crowned Ridge Wind, LLC for a Facility Permit to Construct a 230 kV Transmission Line and Associated Facilities from Codington County to the Big Stone South Substation (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On December 5, 2017, the Commission received a facility permit application from Crowned Ridge Wind, LLC (Crowned Ridge). Crowned Ridge proposed to construct a new reactive power compensation substation and an approximately 34-mile 230-kilovolt generation tie line that connects two 300-megawatt wind projects (Crowned Ridge Wind and Crowned Ridge Wind II) to the Big Stone South substation owned by Otter Tail Power Company. Together the new reactive power compensation substation and 34-mile generation tie line are the project. The planned Crowned Ridge Wind facilities were permitted separately and are not included as a part of the project. The generation tie line is located in Codington and Grant counties, South Dakota, while the new reactive compensation substation will be located in Grant County. On November 21, 2018, the Commission issued an order approving the settlement stipulation and granting a permit to construct the transmission facility. Crowned Ridge filed a License and/or Permit Continuous Bond, Bond No. 9307918, on June 18, 2019, in accordance with Condition 11(h) of the Permit. The Project began commercial operations on December 30, 2019. On November 29, 2023, Crowned Ridge filed a Motion to Release Bond that requests an order from the Commission releasing Bond No. 9307918.
TODAY, shall the Commission grant the Motion to Release Bond?
2. 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 (Xcel Energy) and Sioux Valley Southwestern Electric Cooperative, Inc. (Sioux Valley) 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. On December 6, 2023, Xcel Energy filed a letter and revised Exhibits. On January 24, 2024, Xcel Energy and Sioux Valley responded to staff’s data requests.
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.?
3. EL23-033 In the Matter of the Petition of Otter Tail Power Company for Approval of the Transmission Cost Recovery Rider Rate (Staff Analyst: Brittany Mehlhaff; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
On November 1, 2023, the Commission received Otter Tail Power Company’s (Otter Tail) petition for approval of its annual update to its Transmission Cost Recovery Rider (TCR) rate. Otter Tail’s petition updates its TCR rates to collect revenue requirements over the 12-month recovery period of March 2024 through February 2025. This update includes actual investment costs, expenses, and revenues associated with existing projects and approved recovery items through September 2023, updated forecast information for the remainder of the current recovery period which ends February 29, 2024, and forecasted information for the proposed recovery period ending February 28, 2025. Otter Tail requests the inclusion of one new project and updates to two existing projects in this annual update. Otter Tail also updates the D2 allocation factor to include all load changes in compliance with the docket EL21-031 order. Otter Tail states that residential customers using 1,000 kWh per month will see a bill decrease of approximately $1.56. Otter Tail proposes a rate implementation date of March 1, 2024.
TODAY, shall the Commission approve Otter Tail Power Company’s TCR rate factors and revised tariff sheet with an effective date of March 1, 2024?
Gas and Electric
1. GE24-001 In the Matter of the Application of NorthWestern Energy Public Service Corporation dba NorthWestern Energy for Approval of Tariff Revisions to its Sample Forms (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On January 19, 2024, the Commission received a filing from NorthWestern Energy Public Service Corporation dba NorthWestern Energy (NorthWestern) requesting to revise sample forms tariff sheets to reflect language approved by the Commission in Docket No. EL23-016 and Docket NG23-001. NorthWestern requests an effective date of March 1, 2024.
TODAY, shall the Commission approve NorthWestern Energy’s tariff revisions?
Natural Gas
1. NG24-001 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with POET Biorefining - Hudson, LLC (Staff Analyst: Eric Paulson; Staff Attorney: Logan Schaefbauer)
On January 19, 2024, NorthWestern Corporation dba NorthWestern Energy (NorthWestern) filed for approval of a contract with deviations with POET Biorefining – Hudson, LLC (Customer). The Customer’s current contract with deviations for natural gas transportation service expires February 29, 2024. NorthWestern desires to provide this Customer with continuing natural gas service after the current five-year agreement expires. This new rate will allow NorthWestern to maintain this Customer and will benefit NorthWestern and its natural gas customers through recovery of administrative, general and common costs from this Customer.
TODAY, shall the Commission approve NorthWestern Energy’s contract with deviations with POET Biorefining – Hudson, LLC and the associated tariff revisions with an effective date of March 1, 2024?
2. NG24-002 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of Its Revised Conservation Tracking Adjustment (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On January 30, 2024, the Commission received an application by Montana-Dakota Utilities Co. (MDU) for approval of a revised Conservation Tracking Adjustment (CTA), pursuant to the terms of the MDU’s Conservation Program Tracking Mechanism Rate 90 tariff. MDU proposed a CTA rate, applicable to service under Rates 60, 70 and 72, of $0.014 per dk. The proposed CTA rate is a decrease of $0.001 per dk from the currently authorized CTA rate.
TODAY, shall the Commission grant Montana-Dakota Utilities Co.’s request for approval of the revised Conservation Tracking Adjustment of $0.014 per dk and the associated Conservation Program Tracking Mechanism Rate 90 tariff sheet, with an effective date of March 1, 2024?
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, February 19, 2024, in observance of Presidents Day.
2. PUC commissioners and staff will meet with consumers at the Sioux Empire Home Show, February 23-25, 2024, at the Sioux Falls Convention Center & Arena, Sioux Falls, South Dakota.
3. PUC commissioners and staff will attend the National Association of Regulatory Utility Commissioners Winter Policy Summit, February 25-28, 2024, at the Westin Washington Downtown, Washington, D.C.
4. The next regular commission meeting will be Friday, March 1, 2024, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.
5. Commission meetings are scheduled for March 12 and 26, 2024.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
February 13, 2024
