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South Dakota Public Utilities Commission Meeting
May 8, 2024, 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 Wednesday, May 8, 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 April 23, 2024 (Deputy Executive Director: Leah Mohr)

Consumer Reports

1.      Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)

Telecommunications

1.      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 (Assurance) Petition for Designation as an Eligible Telecommunications Carrier for the Purpose of Offering Lifeline Service to Qualifying Customers. Assurance requests the service area to correspond to its wireless coverage service area in South Dakota, including as it may change going forward, exclusive of Tribal lands. On February 7, 2024, the South Dakota Telecommunications Association’s (SDTA) Petition to Intervene was granted. On February 22, 2024, the Commission approved the Procedural Schedule. On April 5, 2024, SDTA filed comments. On April 23, 2024, the Commission approved a Motion to Defer. On April 29, 2024, staff filed a Joint Stipulation.

         TODAY, shall the Commission approve the Joint Stipulation? AND shall the Commission grant Assurance’s Petition for Designation as an Eligible Telecommunications Carrier for purposes of receiving federal Lifeline universal service support? OR how shall the Commission proceed?

2.      TC24-007        In the Matter of the Filing for Approval of the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Peerless Network of South Dakota, LLC for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

          On February 15, 2024, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Peerless Network of South Dakota, LLC for the State of South Dakota.

         TODAY, shall the Commission approve the interconnection agreement?

3.      TC24-008        In the Matter of the Filing for Approval of the Carrier Partner for Interconnected VoIP Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Peerless Network of South Dakota, LLC for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

          On February 15, 2024, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of the Carrier Partner for Interconnected VoIP Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Peerless Network of South Dakota, LLC for the State of South Dakota.

         TODAY, shall the Commission approve the amendment to the interconnection agreement?

Electric

1.      EL23-021        In the Matter of Approval of Otter Tail Power Company’s Petition for Approval of a Bill Redesign and Modifications to General Rules and Regulations, Rate Schedule Section 1.05 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

         On August 18, 2023, the Commission received a filing from Otter Tail Power Company (Otter Tail) for approval of a bill redesign and modifications to its rate schedule section 1.05. Otter Tail requests approval of the following by December 1, 2023: proposed standard and commercial electric service statements, customer disconnection notice, tariff changes necessary to implement the proposed changes, and a manual bill exception for manually billed customers. Otter Tail also requests an extension of time to submit the compliance filing in this matter to March 1, 2024. Otter Tail anticipates implementation of the new billing statement design and the associated tariff revisions on May 1, 2024. On October 3 and 6, 2023, Otter Tail filed amended sample forms and tariff pages. On October 31, 2023, Otter Tail filed a letter requesting the Commission approve the bill redesign by December 1, 2023, but delay approval of the tariff revisions. Otter Tail’s letter specifically requested Commission approval of the following by December 1, 2023: proposed standard and commercial electric service statements, proposed customer disconnection notice, and a manual bill exception for manually billed customers. On February 29, 2024, Otter Tail submitted a supplemental filing requesting approval of tariff revisions and an updated customer information brochure. On March 28, 2024, the Commission issued an Order Approving Tariff Revisions and Updated Customer information Brochure. The tariffs were approved with an effective date of June 1, 2024. On April 30, 2024, Otter Tail filed a letter requesting to suspend the launch date for the bill redesign and the tariff updates approved on March 28, 2024. Otter Tail states that some items were identified for correction during the final stages of testing and the programming to accomplish these items will take longer than previously expected. Otter Tail will propose a transition date for the new bill design at a later time.

         TODAY, shall the Commission approve Otter Tail’s request to suspend the launch date for the bill redesign and the previously approved tariff revisions?

2.      EL24-004        In the Matter of Otter Tail Power Company’s Petition for Approval of a New My Renewable Energy Credits (My RECs) Rider (Staff Analyst: Eric Paulson; Staff Attorney: Logan Schaefbauer)

         On February 13, 2024, the Commission received a Petition from Otter Tail Power Company (Otter Tail) for approval of a new My Renewable Energy Credits (My RECs) voluntary rider. This rider will allow nonresidential customers with a maximum demand of at least 20 kW to offset carbon associated with their energy use with Otter Tail’s excess generated Renewable Energy Credits (RECs). RECs will be retired on the subscriber’s behalf annually. The annual participation cap for this rider will be 600,000 MWh. On March 13, 2024, Otter Tail responded to staff’s data request.

         TODAY, shall the Commission approve the new My Renewable Energy Credits (My RECs) Rider?

3.      EL24-010        In the Matter of the Joint Request for Approval of an Electric Service Territory Exchange Agreement between West River Electric Association, Inc. and Black Hills Power, Inc. dba Black Hills Energy (Staff Analyst: Darren Kearney; Staff Attorneys: Logan Schaefbauer, Amanda Reiss)

         On March 21, 2024, the Commission received a joint request for approval of Service Territory Exchange Agreement between West River Electric Association, Inc. (WREA) and Black Hills Power, Inc., dba Black Hills Energy (BHP). The Joint Request asks the Commission to approve a mutually agreed upon revision to the electric service territory boundary in Sections 32 and 33 of Township 2 North, Range 8 East in Pennington County. The purpose of the electric service territory exchange is to avoid the duplication of facilities for a new development, which is the expansion of the Shepherd Hills Subdivision located in northeast Rapid City.

         TODAY, shall the Commission approve the Joint Request for Approval of an Electric Service Territory Exchange Agreement between West River Electric Association and Black Hills Power?

4.      EL24-012        In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Its 2024 Economic Development Plan and 2023 Economic Development Report (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

         On March 28, 2024, the Commission received an application from NorthWestern Corporation dba NorthWestern Energy (NorthWestern) for Approval of its 2024 Economic Development Plan and 2023 Economic Development Report. On April 26, 2024, NorthWestern filed a Revised Attachment B. On April 29, 2024, NorthWestern filed a Revised Attachment A.

         TODAY, shall the Commission approve NorthWestern Energy’s 2023 Economic Development Report and 2024 Economic Development Plan?

5.      EL24-015        In the Matter of the Application by Otter Tail Power Company and Western Minnesota Municipal Power Agency for a Facility Permit for a 345-kV Transmission Facility and Associated Facilities in Grant County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)

         On April 15, 2024, the Commission received a facility permit application (Application) from Otter Tail Power Company (Otter Tail) and Western Minnesota Municipal Power Agency, through its agent, Missouri River Energy Services (collectively, Applicants). Applicants propose to construct a 345-kilovolt (kV) transmission line and associated facilities including substation upgrades (Project) within South Dakota. The Project, known as the Big Stone South to Alexandria Transmission Line Project, originates at Otter Tail’s existing Big Stone South Substation, located approximately 2 miles west of Big Stone City, South Dakota in Big Stone Township and connects to a substation near Alexandria, Minnesota. The South Dakota portion of the Project consists of approximately 3.5 miles of transmission line beginning in Section 24, Township 121N, Range 47W, Grant County, South Dakota, extending east and south to the Minnesota border. Applicant anticipates construction to commence in 2027 or 2028 and be completed in either 2030 or 2031. Applicant estimates the total construction cost of the proposed Project in South Dakota to be approximately $41.4 million. SDCL 49-41B-12 provides for a filing fee to be assessed to cover the Commission’s actual cost of investigating, reviewing, processing, and serving notice of the Application. The maximum fee chargeable, as calculated pursuant to statute, is $103,500. However, according to said statute, the minimum total fee chargeable may not be less than $8,000.

         TODAY, shall the Commission assess a filing fee not to exceed $103,500 with an initial deposit of $20,000, with any unused portion above $8,000 subject to refund? OR how shall the Commission proceed?

Natural Gas

1.      NG24-003       In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Its 2024 Economic Development Plan and 2023 Economic Development Report (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

         On March 28, 2024, the Commission received an application from NorthWestern Corporation dba NorthWestern Energy (NorthWestern) for Approval of its 2024 Economic Development Plan and 2023 Economic Development Report. On April 26, 2024, NorthWestern filed a Revised Attachment B.

         TODAY, shall the Commission approve NorthWestern Energy’s 2023 Economic Development Report and 2024 Economic Development Plan?

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.   A public input meeting for docket EL24-011 - In the Matter of the Application by East River Electric Power Cooperative, Inc. for a Permit to Construct a WAPA North Bend to Pratt 230kV Transmission Line will be held Wednesday, May 8, 2024, beginning at 5:30 p.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.

2.   The next regular commission meeting will be Tuesday, May 21, 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 Monday, May 27, 2024, in observance of Memorial Day.

4.   A public input meeting for docket EL24-015 - In the Matter of the Application by Otter Tail Power Company and Western Minnesota Municipal Power Agency for a Facility Permit for a 345-kV Transmission Facility and Associated Facilities in Grant County, South Dakota will be held Wednesday, May 29, 2024, beginning at 5:30 p.m. CDT at the Big Stone American Legion, Big Stone City, South Dakota.

5.   Commission meetings are scheduled for June 4 and 18, 2024.

  /s/ Cindy Kemnitz                 .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
May 1, 2024