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South Dakota Public Utilities Commission Meeting
January 16, 2018, at 1:30 P.M. CST
Matthew Training Center, Foss Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairperson Kristie Fiegen called the meeting to order. Present were: Commissioner: Chris Nelson; Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorney: Amanda Reiss; Staff Analysts: Eric Paulson, Brittany Mehlhaff and Lorena Reichert; and Staff: Joy Lashley.
Present was:
Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing Otter Tail Power Company and Northern States Power Company dba Xcel Energy.
Joining the meeting by telephone were:
Commissioner: Gary Hanson, Staff Attorney: Kristen Edwards; Staff Analyst: Darren Kearney; Robert Lawrence, Lookout Solar I, LLC; Ted Smith, Sioux Valley-Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy; Ross Loomans, Lyon Rural Electric Cooperative Inc.; and Jeff Decker, NorthWestern Corporation dba NorthWestern Energy.
Administration
1. Approval of the minutes of the Commission meetings held on December 19, 2017, and January 3, 2018, and the Ad Hoc Commission meeting held on December 29, 2017. (Staff: Joy Lashley)
Commissioner Nelson moved to approve the minutes of the Commission meetings held on December 19, 2017, and January 3, 2018, and the Ad Hoc Commission meeting held on December 29, 2017. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Staff Attorney: Amanda Reiss)
The Commission received a total of 36 contacts since the last report was prepared for the January 3, 2018 Commission meeting.
Five contacts involved telecommunication services, 11 contacts were related to electrical services, four contacts were related to natural gas services, three contacts were related to wireless service, two contacts were related to the Do Not Call Registry, one contact was related to the Grain Warehouse Division, one contact was related to the Dakota Access Pipeline, two contacts were related to Wind Energy, and seven contacts were related to issues not regulated by the PUC.
Complaints received in 2014: 1,914 of the 1,916 have been resolved.
Complaints received in 2017: 2,543 of the 2,546 have been resolved.
Forty-one of the 41 complaints received in 2018 have been resolved.
Electric
1. EL12-063 In the Matter of the Petition of Otter Tail Power Company for Order Accepting Certification of Permit Issued in Docket EL06-002 to Construct Big Stone Transmission Line and Substations in Grant and Deuel Counties (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
2. EL13-020 In the Matter of the Application of Northern States Power Company dba Xcel Energy and Otter Tail Power Company for a Permit to Construct the Big Stone South to Brookings County 345 kV Transmission Line (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing Otter Tail Power Company (Otter Tail) and Northern States Power Company dba Xcel Energy, asked that the Commission grant the Motion for Release of Bond and authorize the executive director or commission counsel to execute any necessary release documents to release the bond in dockets EL12-063 and EL13-020. Ms. Amanda Reiss, staff attorney, recommended that the Commission approve the requests in both dockets.
In dockets EL12-063 and EL13-020, Commissioner Nelson moved to grant the Motion for Release of Bond and authorize the executive director or commission counsel to execute any necessary release documents to release the bond. Motion carried 3-0.
3. EL17-049 In the Matter of the Joint Request for Service Rights Exception between Sioux Valley Southwestern Electric Cooperative Inc. and Lyon Rural Electric Cooperative Inc. (Staff Analyst: Lorena Reichert; Staff Attorney: Kristen Edwards)
Mr. Ted Smith, Sioux Valley Southwestern Electric Cooperative Inc. dba Sioux Valley Energy (Sioux Valley), asked that the Commission approve the requested service rights exception between Sioux Valley and Lyon Rural Electric Cooperative (LREC). Mr. Ross Loomans, LREC, stated LREC agreed to the request. Ms. Lorena Reichert, staff analyst, recommended that the Commission approve the request. Commissioner Nelson requested information on whether the previous service rights exception in that area was approved by the Commission. Mr. Smith, Sioux Valley, stated that the previous service rights exception was approved by the Commission.
Commissioner Nelson moved to approve the requested service rights exception between Sioux Valley Energy and Lyon Rural Electric Cooperative subject that the previous service rights exception was approved. Motion carried 3-0.
4. EL17-056 In the Matter of Lookout Solar Park I, LLC’s Petition for Declaratory Ruling Regarding Whether a Permit is Required for an Energy Conversion Facility (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards and Amanda Reiss)
A lengthy discussion took place for docket EL17-056. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2018, January 16, 2018, recording located at: http://puc.sd.gov/commission/media/2018/puc01162018meet.mp3.
Commissioner Nelson moved that:
1) the Commission does have jurisdiction over the 110 MW solar facility to be located on the Pine Ridge Indian Reservation;
2) a permit to construct is required.
The Commission also noted that the proposed electric transmission line routed through the South Dakota counties of Custer and Oglala Lakota, consisting of 34.5 kV transmission lines does not require a permit. Motion carried 3-0.
Natural Gas
1. NG17-018 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of an Amendment to a Contract with Deviations with Novita Aurora, LLC (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy (NorthWestern), asked that the Commission approve the amendment to the contract with deviations and associated tariff revision with an effective date of January 16, 2018. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve NorthWestern’s request.
Commissioner Fiegen moved to approve the amendment to the contract with deviations and associated tariff revision with an effective date of January 16, 2018. Motion carried 3-0.
There being no further business, at the hour of 2:01 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
January 16, 2018
