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South Dakota Public Utilities Commission Meeting
August 13, 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, August 12, 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 July 19 and 30, 2024 (Staff: Janeth Merriman and Leah Mohr)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC24-015 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. (ILEC) for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391654) (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On June 3, 2024, the Commission received an application from Interstate Telecommunications Cooperative, Inc. (ILEC) (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.
TC24-016 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. (CLEC) for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399013) (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On June 3, 2024, the Commission received an application from Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. (CLEC) (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.
TC24-018 In the Matter of the Request of Venture Vision, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399025) (Staff Analyst: Joseph Rezac; Staff Attorney: Logan Schaefbauer)
On June 14, 2024, the Commission received an application from Venture Vision, Inc. (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.
TC24-019 In the Matter of the Request of Venture Communications Cooperative for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391680) (Staff Analyst: Joseph Rezac; Staff Attorney: Logan Schaefbauer)
On June 14, 2024, the Commission received an application from Venture Communications Cooperative (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.
TC24-021 In the Matter of the Request of Santel Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391676) (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On June 18, 2024, the Commission received an application from Santel Communications Cooperative Inc. (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. On July 25, 2024, the Company responded to staff’s data requests.
TC24-025 In the Matter of the Request of Golden West Telecommunications Cooperative, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: Armour-391640, Golden West Telecom-391659, Kadoka-391667, Sioux Valley-391677, Union-391684, Vivian-391686) (Staff Analyst: Joseph Rezac; Staff Attorney: Logan Schaefbauer)
On June 24, 2024, the Commission received an application from Golden West Telecommunications Cooperative, Inc. (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. On August 1, 2024, the Company responded to staff’s data request.
TC24-030 In the Matter of the Request of Kennebec Telephone Co., Inc. for Certification Regarding its Use of Federal Universal Service Support (Study Area 391668) (Staff Analyst: Patrick Steffensen; Staff Attorney: Logan Schaefbauer)
On June 27, 2024, the Commission received an application from Kennebec Telephone Co., Inc. (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.
TC24-033 In the Matter of the Request of Jefferson Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391666) (Staff Analyst: Joseph Rezac; Staff Attorney: Logan Schaefbauer)
On June 28, 2024, the Commission received an application from Jefferson 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.
TC24-038 In the Matter of the Request of West River Cooperative Telephone Company Certification Regarding Its Use of Federal Universal Service Support (Study Area 391689) (Staff Analyst: Patrick Steffensen; Commission Attorney: Kristen Edwards)
On July 1, 2024, the Commission received an application from West River 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. On July 22, 2024, the Company responded to staff’s data requests.
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?
2. TC24-039 In the Matter of the Application of Barr Tell USA Inc. for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in the State of South Dakota (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On July 17, 2024, the Commission received an application from Barr Tell USA Inc. (Barr Tell) for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota. In its application, Barr Tell seeks a Certificate to provide local access telecommunications service as well as long distance or interexchange service to business/enterprise customers. On July 9, 2024, the Commission received Barr Tell’s filing fee. On July 24, 2024, the South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene. On July 29, 2024, SDTA and Barr Tell filed a Joint Stipulation.
TODAY, shall the Commission grant Intervention to anyone who may have filed?
Electric
1. EL24-022 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions to its Rates for Cogeneration and Small Power Production Facilities (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On June 25, 2024, MidAmerican Energy Company (MidAmerican) filed a request for approval of tariff revisions to update its Rate QF – Cogeneration and Small Power Production Facilities tariff (Rate QF). This filing updates Rate QF energy and capacity credits based on MidAmerican’s current avoided costs. MidAmerican states it currently has one customer taking service under Rate QF. MidAmerican requests an effective date of August 15, 2024.
TODAY, shall the Commission approve MidAmerican’s tariff revisions with an effective date of August 15, 2024?
2. EL24-023 In the Matter of the Application by Deuel Harvest Wind Energy South LLC for Energy Facility Permits of a Wind Energy Facility and a 345-kV Transmission Facility in Deuel County, South Dakota, for the South Deuel Wind Project (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
On June 28, 2024, the Commission received an Application for Energy Facility Permits (Application) from Deuel Harvest Wind Energy South LLC (Deuel Harvest or Applicant), an affiliate of Invenergy LLC. Deuel Harvest proposes to construct a wind energy facility and a 345 kilovolt (kV) transmission line (Gen-Tie Line) to be located in Deuel County, South Dakota, known as the South Deuel Wind Project (Project). The Project would be situated within an approximately 34,339-acre project area, in the townships of Blom, Brandt, Clear Lake, Norden, and Scandinavia. The total installed capacity of the Project would not exceed 260 megawatts (MW) of nameplate capacity and deliver up to 250 MW to the point of interconnection. The proposed Project includes up to 68 wind turbines, electrical collection and supervisory control and data acquisition systems, a 34.5 kV to 345 kV collector substation, an approximately 6-mile long 345 kV generator transmission tie line, improvements to enable the interconnection of the Project into the existing 345 kV Astoria interconnection switchyard, an operations and maintenance facility, up to two aircraft detection lighting system towers; access roads, and up to three meteorological towers. The Project will also include temporary construction areas: crane paths, public road improvements, a general construction laydown yard, staging areas, and a concrete batch plant, as needed. The Gen-Tie Line will transmit electricity approximately 6 miles from the collector substation to the point of interconnection at the existing Astoria 345 kV interconnection switchyard owned by Otter Tail Power Company. The Project, which has an estimated construction cost of $621 million, is expected to be in commercial operation in December 2026. On July 9, 2024, the Commission issued a Notice of Application; Order for and Notice of Public Input Meeting; Notice of Opportunity to Apply for Party Status. On July 31, 2024, the Commission received Matthew Holden’s Application for Party Status. Pursuant to ARSD 20:10:22:40, the deadline for persons to file an application for party status is 5:00 p.m. CT, August 27, 2024.
TODAY, shall the Commission grant Party Status to those who may have filed? Or how shall the Commission proceed?
3. EL23-020 In the Matter of the Application of Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. for Authority to Increase its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
On August 15, 2023, the Commission received an application by Montana-Dakota Utilities Co. (MDU or Company) for approval to increase rates for electric service to customers in its South Dakota service territory by approximately $3.0 million annually or approximately 17.3% based on MDU’s test year ending December 31, 2022. The Company states a typical residential electric customer using 900 kWh per month would see an increase of approximately $20.00 per month or 17.6%. The proposed changes may potentially affect approximately 8,500 electric customers in MDU’s South Dakota service territory. On July 26, 2024, MDU and Commission staff filed a Joint Motion for Approval of Settlement Stipulation and Settlement Stipulation. On July 26, 2024, Commission staff filed a Memorandum Supporting Settlement Stipulation.
TODAY, shall the Commission grant the Joint Motion for Approval of Settlement Stipulation and approve the rates, tariff sheets, terms and conditions stipulated therein, including the Interim Refund Plan? OR how shall the Commission proceed?
Natural Gas
1. NG24-004 In the Matter of the Filing by MidAmerican Energy Company for Approval of Its 2023 Economic Development Activities and 2024 Proposed Budget (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On June 20, 2024, MidAmerican Energy Company (MidAmerican) filed its 2023 Economic Development Activities and Proposed 2024 Budget for Commission approval. The filing includes MidAmerican’s report on 2023 economic development activities, actual expenses for 2023, and the planned budget for 2024.
TODAY, shall the Commission approve MidAmerican Energy Company’s 2023 Economic Development Activities and 2024 Proposed Budget?
2. NG24-008 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Five Shot RNG, LLC (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On July 23, 2024, NorthWestern Corporation dba NorthWestern Energy (NorthWestern) filed for approval of a contract with deviations with Five Shot RNG, LLC (Customer). Customer intends to deliver renewable natural gas (RNG) produced from their facility to NorthWestern for the purpose of transport. Customer desires to have NorthWestern install a natural gas pipeline that is approximately 2.04 miles in length. This pipeline will be used to transport renewable natural gas from the dairy farm where it is produced to an interconnection point near Hudson, South Dakota. NorthWestern states that based on the cost of the project, it requires fixed monthly charge, take or pay volumes, and a security for the capital investment cost in order to protect its legacy customers. NorthWestern has also included natural gas quality standards Customer must achieve to have gas transported in the pipeline. The contract includes recovery of the pipeline project costs over a 15-year period and project costs will be recovered through a fixed monthly charge. An annual review will be conducted to determine if volumes have met the required take or pay amount. All volume charges will be billed at the tariff rate 87.
TODAY, shall the Commission approve NorthWestern Energy’s contract with deviations with Five Shot RNG, LLC and the associated tariff revisions with an effective date of September 1, 2024?
3. NG24-009 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Moccasin Creek RNG, LLC (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On July 23, 2024, NorthWestern Corporation dba NorthWestern Energy (NorthWestern) filed for approval of a contract with deviations with Moccasin Creek RNG, LLC (Customer). Customer intends to deliver renewable natural gas (RNG) produced from their facility to NorthWestern for the purpose of transport. Customer desires to have NorthWestern install a natural gas pipeline that is approximately 450 feet in length. This pipeline will be used to transport renewable natural gas from the dairy farm where it is produced to an interconnection point near Warner, South Dakota. NorthWestern states that based on the cost of the project, it requires fixed monthly charge, take or pay volumes, and a security for the capital investment cost in order to protect its legacy customers. NorthWestern has also included natural gas quality standards Customer must achieve to have gas transported in the pipeline. The contract includes recovery of the pipeline project costs over a 15-year period and project costs will be recovered through a fixed monthly charge. An annual review will be conducted to determine if volumes have met the required take or pay amount. All volume charges will be billed at the tariff rate 87.
TODAY, shall the Commission approve NorthWestern Energy’s contract with deviations with Moccasin Creek RNG, LLC and the associated tariff revisions with an effective date of September 1, 2024?
4. NG23-014 In the Matter of the Application of Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
On August 15, 2023, the Commission received an application by Montana-Dakota Utilities Co. (MDU or Company) for approval to increase rates for natural gas service to customers in its South Dakota service territory by approximately $7.4 million annually or approximately 11.2% based on MDU’s test year ending December 31, 2022. The Company states a typical residential natural gas customer using 66.3 dk on an annual basis would see an increase of $8.70 per month or 15.9%. The proposed changes may potentially affect approximately 64,600 natural gas customers in MDU’s South Dakota service territory. On July 26, 2024, MDU and Commission staff filed a Joint Motion for Approval of Settlement Stipulation and Settlement Stipulation. On July 26, 2024, Commission staff filed a Memorandum Supporting Settlement Stipulation.
TODAY, shall the Commission grant the Joint Motion for Approval of Settlement Stipulation and approve the rates, tariff sheets, terms and conditions stipulated therein, including the Interim Refund Plan? 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. 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.
2. A public input meeting for docket EL24-023 - In the Matter of the Application by Deuel Harvest Wind Energy South LLC for Energy Facility Permits of a Wind Energy Facility and a 345-kV Transmission Facility in Deuel County, South Dakota, for the South Deuel Wind Project will be held Thursday, August 22, 2024, beginning at 5:30 p.m. CDT in the Clear Lake Community Center, 218 Third Ave. S., Clear Lake, South Dakota.
3. The next regular commission meeting will be Tuesday, August 27, 2024, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
4. Commissioners and staff will meet with representatives of Otter Tail Power Company on Tuesday, August 27, 2024, at 1:30 p.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota. The agenda is a general business update from the company.
5. Commissioners and staff will meet with consumers at the PUC booth in the Expo Building at the South Dakota State Fair August 28 – September 2, 2024, in Huron, South Dakota.
6. The PUC office will be closed Monday, September 2, 2024, in observance of Labor Day.
7. Commission meetings are scheduled for September 10 and 24, 2024.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
August 6, 2024
