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South Dakota Public Utilities Commission Meeting
November 7, 2024, at 1:30 P.M. CST
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. CST on Wednesday, November 7, 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 October 22, 2024 (Staff: Janeth Merriman)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC24-003 In the Matter of the Filing of IM Telecom, LLC dba Infiniti Mobile’s Petition for 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: Brittany Mehlhaff; Staff Attorney: Logan Schaefbauer)
On January 17, 2024, the Commission received IM Telecom, LLC dba Infiniti Mobile’s (Infiniti) Petition for an Eligible Telecommunications Carrier (ETC) Designation. On January 22, 2024, the South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene. On January 31, 2024, Infiniti and SDTA filed a Stipulation in which Infiniti agrees to limit its ETC designation to only South Dakota CenturyLink wire centers and to not extend into any rural service areas served by an SDTA member company. On February 7, 2024, the Commission issued an Order Granting Intervention to SDTA. On April 9, June 13 and October 21, 2024, Infiniti filed responses to staff’s data requests.
TODAY, shall the Commission grant Infiniti’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. TC24-004 In the Matter of the Filing of TruConnect Communications, 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: Brittany Mehlhaff; Staff Attorney: Logan Schaefbauer)
On January 17, 2024, the Commission received TruConnect Communications, Inc.’s (TruConnect) Petition for an Eligible Telecommunications Carrier Designation. On January 22, 2024, the South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene. On February 7, 2024, the Commission issued an Order Granting Intervention to SDTA. On March 8, 2024, SDTA and TruConnect filed a Stipulation and Confidentiality Agreement. On April 19, 2024, TruConnect filed responses to staff’s first set of data requests. On May 23, 2024, TruConnect filed responses to SDTA’s second discovery request. On September 12, 2024, TruConnect filed coverage area information and responses to staff’s second set of data requests. On September 18, 2024, staff filed a Joint Stipulation between all the parties. On September 19, 2024, SDTA filed comments.
TODAY, shall the Commission approve the Joint Stipulation? AND shall the Commission grant TruConnect’s Petition for Designation as an Eligible Telecommunications Carrier for purposes of receiving federal Lifeline universal service support? OR how shall the Commission proceed?
3. TC24-040 In the Matter of the Application of ImOn Communications, LLC for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Logan Schaefbauer)
On October 4, 2024, the Commission received an application from ImOn Communications, LLC (ImOn) for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in the State of South Dakota. With its application, ImOn seeks to provide resold and facilities-based local exchange and interexchange telecommunications services throughout the state of South Dakota. The Applicant intends to provide retail service to end-user customers and wholesale service to enterprise customers and other communications providers. On October 10, 2024, the South Dakota Telecommunications Association filed a Petition to Intervene.
TODAY, shall the Commission grant the South Dakota Telecommunications Association’s petition to intervene? OR how shall the Commission proceed?
Natural Gas
1. NG24-011 In the Matter of the Filing by NorthWestern Energy Public Service Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Clark RNG, LLC (Staff Analyst: Brittany Mehlhaff; Staff Attorneys: Amanda Reiss, Jennie Fuerst)
On October 4, 2024, NorthWestern Energy Public Service Corporation dba NorthWestern Energy (NorthWestern) filed for approval of a contract with deviations with Clark RNG, LLC (Customer). Customer intends to build a renewable natural gas (RNG) production facility in Clark County and deliver RNG produced from this facility to NorthWestern for the purpose of transportation to the Northern Natural Gas Company (NNG) pipeline system. Customer desires to have NorthWestern install a natural gas pipeline that is approximately 1.82 miles in length to transport the RNG to a new NNG tap yard. NorthWestern states that based on the cost of the project, it requires a surcharge rate, take or pay volumes, pass-through of NNG costs and NNG tariff requirements, termination conditions, and a security for the capital investment cost in order to protect its legacy customers. NorthWestern has also included natural gas quality standards the Customer must achieve to have gas transported in the pipeline. The contract includes recovery of the pipeline project costs over a 15-year period. Project costs and tariff delivery charges will be recovered through Tariff Rate No. 87 and a surcharge rate. An annual review will be conducted to determine if volumes have met the volumetric requirement defined in the agreement.
TODAY, shall the Commission approve NorthWestern Energy’s contract with deviations with Clark RNG, LLC and the associated tariff revisions with an effective date of December 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, November 11, 2024, in observance of the Veterans Day holiday.
2. The next regular commission meeting will be Tuesday, November 19, 2024, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.
3. The PUC will host a Large Load Education Session on Tuesday, November 26, 2024, at 9:00 a.m. CST in Room 414 at the State Capitol Building, Pierre, South Dakota. The agenda will include discussion from representatives of investor-owned utilities, generation and transmission cooperatives, regional transmission organizations and data centers. A livestream audio webcast of the session will be available from the PUC’s website, puc.sd.gov.
4. The PUC office will be closed November 28-29, 2024, in observance of the Thanksgiving holiday.
5. Commission meetings are scheduled for December 3 and 17, 2024.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
October 31, 2024
