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South Dakota Public Utilities Commission Meeting
December 3, 2024, at 9:30 A.M. CST
Matthew Training Center, Foss 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. CST on Monday, December 2, 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 November 19, 2024 (Staff: Janeth Merriman)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. In the Matter of the Failure of Certain Telecommunications Companies to Timely Pay their Gross Receipts Tax (Finance Manager: Cindy Kemnitz)
The following companies have failed to timely pay their gross receipts tax as required by SDCL 49-1A:
Approved Contact, LLC
COMTECH21, LLC
Patriot Mobile, LLC
Rocket Mobile, LLC
Sarver Corporation
Square Mobile, Inc.
WeIncentivize LLC dba Chosen Wireless
TODAY, shall the Commission issue an Order to Show Cause as to why the Commission should not fine, and/or suspend or revoke the Certificates of Authority of each of these companies for failure to pay the requisite gross receipts tax?
2. 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)
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. On November 8, 2024, the Commission issued an Order Granting Request to Defer to the December 3, 2024, Commission meeting.
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?
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 (SDTA) filed a Petition to Intervene. On November 5, 2024, ImOn responded to staff’s data request. On November 8, 2024, the Commission issued an Order Granting Intervention to SDTA. On November 12, 2024, ImOn filed its Letter regarding Supplement for Clarification of the Record and Joint Stipulation between ImOn and SDTA.
TODAY, shall the Commission grant ImOn’s request for a Certificate of Authority to provide local exchange and interexchange telecommunication services in South Dakota?
Electric
1. 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. Kingsbury Electric Cooperative, Inc., East River Electric Power Cooperative, Inc. and Otter Tail Power Company (Parties) each were granted intervention on August 1, 2024. On November 26, 2024, the Parties filed a letter regarding settlement indicating the parties reached a settlement in principle and a Joint Motion for Approval of Settlement and the Settlement Agreement will be filed for approval.
TODAY, shall the Commission approve the Joint Motion for Approval of Settlement? AND shall the Commission grant Gevo Net-Zero 1, LLC’s request to have Kingsbury Electric Cooperative, Inc. assigned as its electric provider pursuant to SDCL 49-34A-56? OR how shall the Commission proceed?
2. 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. Kingsbury Electric Cooperative, Inc., East River Electric Power Cooperative, Inc., and Otter Tail Power Company (Parties) were granted intervene on August 1, 2024. On November 26, 2024, the Parties filed a letter regarding settlement indicating the parties reached a settlement in principle and a Joint Motion for Approval of Settlement and the Settlement Agreement will be filed for approval.
TODAY, shall the Commission approve the Joint Motion for Approval of Settlement? AND shall the Commission grant Dakota Renewable Hydrogen, LLC’s request to have Kingsbury Electric Cooperative, Inc assigned as its electric provider pursuant to SDCL 49-34A-56? OR how shall the Commission proceed?
3. EL24-027 In the Matter of the Petition by Leola Data Center LLC to have Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., Assigned as its Electric Provider in the Service Area of FEM Electric Association Inc. (Staff Analyst: Patrick Steffensen; Staff Attorneys: Logan Schaefbauer, Amanda Reiss, Jennie Fuerst)
On August 5, 2024, Leola Data Center, LLC (Leola) filed a Petition for Electric Service to have Montana-Dakota Utilities Co. (MDU), Assigned as its Electric Provider in the Service Area of FEM Electric Association Inc. (Petition). The Petition asks the Commission for an order pursuant to SDCL 49-34A-56 that allows Leola to take electric service from MDU for its proposed Data Center to be located adjacent to MDU’s Leola substation at 11641 358th Avenue, Leola, South Dakota. The Location is currently within the assigned service area of FEM Electric Association Inc. (FEM). 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 August 29, 2024, the Commission granted intervention to MDU, FEM Electric Association, Inc. (FEM), Basin Electric Power Cooperative (Basin) and East River Electric Power Cooperative, Inc. (East River). On November 7, 2024, Leola filed a Motion for Summary Judgment. On November 13, 2024, the Commission issued a Notice of Hearing on Motion for Summary Judgment, setting a hearing on December 17, 2024, and requiring responsive pleadings be filed no later than 5:00 p.m. CST, December 2, 2024, and that a Petitioner reply be filed no later than 5:00 p.m. CST, December 10, 2024. On November 25, 2024, FEM, Basin and East River filed a Joint Motion for Continuance requesting the Commission continue the responsive pleadings and Petitioner’s reply to deadlines and continue the hearing for the Motion for Summary Judgment set in the November 13, 2024, Order.
TODAY, shall the Commission grant the Joint Motion for Continuance? OR how shall the Commission proceed?
4. EL24-033 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions to Its Rates for Rate 95 and Rate 96 (Staff Analyst: Joseph Rezac; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)
On October 21, 2024, Montana-Dakota Utilities Co. (MDU) filed for approval of revisions to its Rate 95 (occasional power purchase non-time differentiated) and Rate 96 (short-term power purchase) tariff sheets. This filing updates the energy and capacity payments based on current data. MDU states it currently has one customer taking service under Rate 95 and the annual change in revenue due to this filing will be minimal. MDU requests a January 1, 2025, effective date. On November 21, 2024, MDU responded to staff’s data request.
TODAY, shall the Commission approve Montana-Dakota Utilities Co.’s tariff revisions with an effective date of January 1, 2025?
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 the South Dakota Electric Utility Companies on Monday, December 2, 2024, at 12:00 p.m., noon, CST at the Capitol Lake Visitors Center, 650 E. Capitol Avenue, Pierre, South Dakota. The agenda is to discuss company activities.
2. The next regular commission meeting will be Tuesday, December 17, 2024, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.
3. Commissioners and staff will meet with representatives of NorthWestern Energy on Tuesday, December 17, 2024, at 1:30 p.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota. The agenda is to discuss an update of NorthWestern Energy’s operations, finance and customer service activities.
4. The PUC office will be closed December 23-25, 2024, in observance of the Christmas holiday.
5. Commission meetings are scheduled for December 31, 2024, and January 14, 2025.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
November 26, 2024
