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South Dakota Public Utilities Commission Meeting
July 30, 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, July 29, 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

Consumer Reports

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

Telecommunications

1.      TC24-012      In the Matter of the Request of Northern Valley Communications, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 399017 and 396340) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Kristen Edwards)

         On May 17, 2024, the Commission received an application from Northern Valley Communications, LLC (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.

           TC24-013        In the Matter of the Request of James Valley Cooperative Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391664) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Kristen Edwards)

           On May 17, 2024, the Commission received an application from James Valley Cooperative 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.

           TC24-014        In the Matter of the Request of James Valley Wireless, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399014) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Kristen Edwards)

           On May 17, 2024, the Commission received an application from James Valley Wireless, LLC (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.

           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.      EL23-025        In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2024 Infrastructure Rider Project Eligibility and Factor Update (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

            On September 1, 2023, the Commission received a Petition by Northern States Power Company dba Xcel Energy (Xcel) for approval of its 2024 Infrastructure Rider Project Eligibility and Factor Update. Xcel requests approval of the Infrastructure Rider Tracker Report and true-up for the 2023 revenue requirements, 2024 Infrastructure Rider revenue requirements of negative $58,928, an updated Infrastructure Rider Adjustment Factor of negative $0.000026 per kWh, proposed revision to the Infrastructure Rider tariff sheet, and proposed customer notice. Xcel proposes a January 1, 2024, effective date. Xcel states the average bill impact for a residential customer using 750 kWh per month will be an estimated credit of $0.02 per month, an increase of $1.36 compared to the 2023 credit. Xcel proposes to include new projects beginning in 2023 as well as the Sherco Solar I project beginning in 2024. On November 29, 2023, Xcel submitted a Supplemental Filing proposing to include payments made to the Prairie Island Indian Community related to the Prairie Island Nuclear Generating Plant. On June 7, 2024, Xcel filed another update to remove the Sherco Solar I project as Xcel will provide additional analysis regarding this project. This docket was deferred at the June 17, 2024, Commission meeting. On July 19, 2024, Xcel submitted a supplemental filing addressing Commissioner questions asked at the June 17, 2024, Commission meeting. Xcel requests a September 1, 2024, effective date.  

         TODAY, shall the Commission approve the revised 2024 Infrastructure Rider revenue requirements, revised 2024 Infrastructure Rider Adjustment factor and revised tariff sheet with an effective date of September 1, 2024? OR how shall the Commission proceed?

2.      EL24-024        In the Matter of the Petition of Gevo Net-Zero 1, LLC to have Kingsbury Electric Cooperative, Inc. Assigned as its Electric Provider in the Service Area of Otter Tail Power Company (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)

         On June 28, 2024, Gevo Net-Zero 1, LLC (NZ1) filed a Petition of Gevo Net-Zero 1, LLC to have Kingsbury Electric Cooperative, Inc. Assigned as its Electric Provider in the Service Area of Otter Tail Power Company (Petition). The Petition asks the Commission for an order pursuant to SDCL 49-34A-56 that allows NZ1 to take electric service from Kingsbury Electric Cooperative, Inc. for its proposed sustainable aviation jet fuel facility outside Lake Preston, South Dakota, that is currently within the assigned service area of Otter Tail Power Company. Under SDCL 49-34A-56, new customers at new locations that develop after March 21, 1975, and who require electric service with a contracted minimum demand of two thousand kilowatts or more are not obligated to take electric service from the electric utility having the assigned service area where the customer is located if the Commission so determines after consideration of certain factors set forth in statute. On July 15, 2024, Kingsbury Electric Cooperative Inc. filed a Petition to Intervene. On July 18, 2024, East River Electric Power Cooperative, Inc. filed a Petition to Intervene. On July 19, 2024, Otter Tail Power Company filed a Petition to Intervene and Comments.

         TODAY, shall the Commission grant the Petitions to Intervene for Kingsbury Electric Cooperative, Inc., East River Electric Power Cooperative, Inc., and Otter Tail Power Company?

3.      EL24-025        In the Matter of the Petition of Dakota Renewable Hydrogen, LLC to have Kingsbury Electric Cooperative, Inc. Assigned as its Electric Provider in the Service Area of Otter Tail Power Company (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)

         On June 28, 2024, Dakota Renewable Hydrogen, LLC (DRH) filed a Petition of Dakota Renewable Hydrogen, LLC to have Kingsbury Electric Cooperative, Inc. Assigned as its Electric Provider in the Service Area of Otter Tail Power Company (Petition). The Petition asks the Commission for an order pursuant to SDCL 49-34A-56 that allows DRH to take electric service from Kingsbury Electric Cooperative, Inc. for its proposed hydrogen production facility to be located adjacent to, and as part of, Gevo Inc.’s proposed ethanol and sustainable aviation fuel (SAF) facility east of Lake Preston, South Dakota, that is currently within the assigned service area of Otter Tail Power Company. Under SDCL 49-34A-56, new customers at new locations that develop after March 21, 1975, and who require electric service with a contracted minimum demand of two thousand kilowatts or more are not obligated to take electric service from the electric utility having the assigned service area where the customer is located if the Commission so determines after consideration of certain factors set forth in statute. On July 15, 2024, Kingsbury Electric Cooperative Inc. filed a Petition to Intervene. On July 18, 2024, East River Electric Power Cooperative, Inc. filed a Petition to Intervene. On July 19, 2024, Otter Tail Power Company filed a Petition to Intervene and Comments.

         TODAY, shall the Commission grant the Petitions to Intervene for Kingsbury Electric Cooperative, Inc., East River Electric Power Cooperative, Inc., and Otter Tail Power Company?

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 meet with representatives of Black Hills Energy on Tuesday, July 30, 2024, at 2:00 p.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota. The agenda is a general business update from Black Hills Energy.

2.   The next regular commission meeting will be Tuesday, August 13, 2024, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.

3.   Commissioners and staff will attend the South Dakota Telecommunications Association’s Annual Conference, August 18-20, 2024, at the Deadwood Mountain Grand, Deadwood, South Dakota.

4.   Commission meetings are scheduled for August 27 and September 10, 2024.

  /s/ Cindy Kemnitz                 .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
July 23, 2024