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South Dakota Public Utilities Commission Meeting
March 12, 2024, at 9:30 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, March 11, 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.
CORRECTED
AGENDA OF COMMISSION MEETING
The internet hyperlink in the description of docket RM23-001 has been corrected.
Administration
1. Approval of the Minutes of the Commission Meeting Held on February 20, 2024 (Deputy Executive Director: Leah Mohr)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. 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 (NAL) filed with the Commission a Petition for Reclassification as a Facilities-Based Eligible Telecommunications Carrier (Petition). NAL seeks this reclassification for the purpose of offering lifeline services on a wireless basis in the State of South Dakota. The South Dakota Telecommunications Association (SDTA) has been granted intervention. On January 22, 2024, SDTA filed a Motion to Dismiss and a Motion to Compel Discovery. In the Motion to Dismiss, SDTA requests the Commission dismiss the Petition or in the alternative that the Commission issue an order clarifying that the Petition will be handled as a new request for eligible telecommunications carrier (ETC) designation. In the Motion to Compel Discovery, SDTA seeks to compel to provide documents in response to SDTA’s discovery requests. The Commission issued a Notice of Hearing for these Motions, requiring responsive briefs to be filed by NAL and staff no later than February 26, 2024, requiring SDTA’s reply to be filed by March 7, 2024, and providing notice that a hearing would be held on March 12, 2024.
TODAY, shall the Commission grant SDTA’s Motion to Dismiss? OR shall the Commission issue an order clarifying that this docket shall be treated procedurally as a new request for ETC designation? AND shall the Commission grant SDTA’s Motion to Compel? OR how shall the Commission proceed?
2. TC23-057 In the Matter of the Approval of an Unbundled Network Elements (UNEs) - Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Zayo Group, LLC (fka 360networks (USA) inc.) for the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
On December 18, 2023, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Zayo Group, LLC. The amendment incorporates FCC Orders FCC 19-66 and FCC 19-72, which were released by the Federal Communications Commission in 2019.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
3. TC23-058 In the Matter of the Approval of a FCC Modernizing Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Zayo Group, LLC (fka 360networks (USA) inc.) for the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
On December 19, 2023, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Zayo Group, LLC. The amendment incorporates FCC Order 20-152 a Report and Order in WC Docket 19-308 for the Modernizing Unbundling and Resale Requirements in an Era of Next Generation Networks and Services, which were released by the Federal Communications Commission in 2020 and became effective February 8, 2021. On February 16, 2024, the Commission received a Revised Amendment to Agreement to include Exhibit A with the amendment.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
4. TC24-006 In the Matter of the Filing for Approval of Amendment No. 2 to the Reciprocal Transport and Termination Agreement between Verizon Wireless and Valley Telecommunications Cooperative Association (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On February 9, 2024, 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 Valley Telecommunications Cooperative Association (Valley). The Amendment authorizes Verizon Wireless’ agent, Verizon Business, to order new direct connection facilities to the point of interconnection location within Valley’s rate center.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
Electric
1. EL20-018 In the Matter of the Application by Wild Springs Solar, LLC for a Permit of a Solar Energy Facility in Pennington County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
On May 15, 2020, the Commission received an Application for a Facility Permit (Application) from Wild Springs Solar, LLC (Wild Springs or Applicant). Wild Springs proposes to construct a solar energy facility to be located in Pennington County, South Dakota (Project). The Project would be situated within approximately 1,499 acres and located approximately ½ mile south of New Underwood, South Dakota. The total installed capacity of the Project would not exceed 128 megawatts (MW) of nameplate capacity. On December 4, 2020, the Commission issued an Order Granting Permit to Construct Facility. The permit includes Condition No. 38 which requires Wild Springs to file a surety bond with the Commission, for Commission approval, in the total amount of the approved decommissioning cost estimate, at least 60 days prior to commencement of commercial operation. On February 16, 2024, Wild Springs filed an updated decommissioning cost estimate, proposed surety bond, and a Motion for Partial Exemption from Condition No. 38. The Motion for Partial Exemption from Condition No. 38 requests that the Commission accept submittal of the surety bond less than 60 days prior to commencement of commercial operation to allow Wild Springs to commence commercial operation as early as March 15, 2024.
TODAY, shall the Commission grant Wild Springs’ Motion for Partial Exemption from Condition 38? AND shall the Commission approve the proposed surety bond?
2. EL24-001 In the Matter of the Joint Request for Approval of an Amended Electric Service Territory Boundary Agreement between Black Hills Power, Inc. dba Black Hills Energy and Black Hills Electric Cooperative, Inc. (Staff Analyst: Darren Kearney; Staff Attorney: Logan Schaefbauer)
On January 26, 2024, the Commission received a Joint Request for Approval of Amended Electric Service Territory Boundary between Black Hills Power, Inc. dba Black Hills Energy (BHP) and Black Hills Electric Cooperative, Inc. (Black Hills Electric Cooperative). The Joint Request asks the Commission to approve a mutually agreed upon revision to the electric service territory boundary, where Lot 1 of North Park Ranch Subdivision in Section 9 of Township 6S, Range 4E would be transferred to Black Hills Electric Cooperative’s service territory. The purpose of the electric service territory revision is to prevent the unnecessary duplication of facilities and to promote the efficient and economical development of the electric system since Black Hills Electric Cooperative has an existing line on Lot 1 of North Park Ranch Subdivision.
TODAY, shall the Commission approve the Joint Request for Approval of an Amended Electric Service Territory boundary between Black Hills Power and Black Hills Electric Cooperative?
3. EL24-003 In the Matter for Approval of the Joint Service Exception Agreement between Northern States Power Company dba Xcel Energy and Southeastern Electric Cooperative, Inc. (Staff Analyst: Jon Thurber; Staff Attorney: Logan Schaefbauer)
On February 6, 2024, the Commission received a joint petition from Northern States Power Company, a Minnesota Corporation dba Xcel Energy (Xcel), and Southeastern Electric Cooperative, Inc. (Southeastern) requesting the Commission approve a service rights exception. The service rights exception will allow Xcel to provide service to one residential site in Southeastern’s service territory. The proposed residential site is located in the southeast quadrant of T101N R53W S15 in McCook 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 Southeastern Electric Cooperative, Inc.?
4. EL24-005 In the Matter of MidAmerican Energy Company’s Application for Approval of Its 2023 Reconciliation and 2024 Transmission Cost Recovery Factors (Staff Analyst: Joseph Rezac; Staff Attorney: Logan Schaefbauer)
On February 15, 2024, the Commission received MidAmerican Energy Company’s (MidAmerican) filing for approval of tariff revisions regarding its Transmission Cost Recovery (TCR) 2023 Reconciliation and 2024 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 2023, 2024 forecasted MISO transmission expense and the forecast over/under recovery for January through March of 2024. MidAmerican requests the new TCR factors have an effective date of April 1, 2024.
TODAY, shall the Commission assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date?
5. EL24-007 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Transmission Cost Recovery Rider Rate (Staff Analyst: Patrick Steffensen; Staff Attorney: Logan Schaefbauer)
On March 1, 2024, Montana-Dakota Utilities Co. (MDU) filed for approval of its annual update to its Transmission Cost Recovery (TCR) Rider. MDU states the proposed tariff change is necessary to reflect the projected 2024 charges assessed to MDU for transmission-related services provided by the Midcontinent Independent System Operator and Southwest Power Pool, along with the projected revenues and/or credits received by MDU for transmission-related services, including transmission revenues from a large customer taking service under MDU’s Rate 45 tariff. MDU proposes a TCR Rider rate of negative $0.00216 per kWh to be effective May 1, 2024, which is a decrease of $0.00586 per kWh from current interim rates and a decrease of $0.01848 from the rate authorized in the last TCR filing.
TODAY, shall the Commission assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date?
6. EL24-008 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Infrastructure Rider Rate (Staff Analyst: Patrick Steffensen; Staff Attorney: Logan Schaefbauer)
On March 1, 2024, the Commission received a petition from Montana-Dakota Utilities Co. (MDU) for approval of its annual update to its Infrastructure Rider (IR) Rate, pursuant to the terms of the MDU’s IR Rate 56 tariff. MDU proposes an IR rate of $0.00394 per kWh for the rate period covered by this filing, which is an increase of $0.00121 per kWh from current interim rates and a decrease of $0.00129 from the rate authorized in the last IR filing. The IR Rate 56 tariff requires MDU to update the IR annually with updates effective May 1 of each year.
TODAY, shall the Commission assess a filing fee in the amount of up to $250,000 to account for actual expenses incurred in review of this filing commencing from the filing date?
Rule Making
1. RM23-001 In the Matter of the Adoption of Administrative Rules (Commission Attorney: Kristen Edwards)
On December 7, 2023, the Commission opened a rulemaking docket to address the following administrative rules: 20:10:01:12, 20:10:01:17.02, 20:10:12:15, 20:10:26:04, 20:10:26:06, 20:10:32:52, 20:10:37:10, 20:10:37:17, 20:10:37:18, and 20:10:37:19. A complete copy of the proposed changes can be viewed at https://puc.sd.gov/commission/dockets/rulemaking/2023/RM23-001/LRCedits.pdf. The Commission held a public hearing on the proposed rules on February 7, 2024.
TODAY, shall the Commission adopt final rules?
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 22-24, 2024, at The Monument, Rapid City, South Dakota.
2. The next regular commission meeting will be Tuesday, March 26, 2024, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
3. The PUC office will be closed Friday, March 29 and Monday, April 1, 2024, in observance of Easter.
4. Commission meetings are scheduled for April 11 and 23, 2024.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
March 5, 2024
