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South Dakota Public Utilities Commission Meeting
February 22, 2018, at 1:30 P.M. CST
Matthew Training Center, Foss Building, 523 E. Capitol Avenue
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairperson Kristie Fiegen called the meeting to order. Present were: Commissioners: Gary Hanson and Chris Nelson; Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Darren Kearney, Eric Paulson, Brittany Mehlhaff,, Joseph Rezac, Patrick Steffensen and Lorena Reichert; Consumer Affairs Manager: Deb Gregg; and Staff: Katlyn Gustafson.
Present was:
Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing Montana-Dakota Utilities Co.; Bill Van Camp, Olinger, Lovald, McCahren, Van Camp and Konrad, P.C., representing Ring-Neck Energy & Feed, LLC; Craig Smith, Neumayr & Smith, representing Ring-Neck Energy & Feed, LLC; Gordon Woods, South Dakota Intrastate Pipeline Co.; Paul Bachand, Moreno, Lee & Bachand, P.C., representing South Dakota Intrastate Pipeline Co.; and Walter Wendland, Ring-Neck Energy & Feed, LLC.
Joining the meeting by telephone were:
Bryce Haugen, Gina Ice, Cary Stephenson, Jason Weiers, Lana Fedje, Dave Prazak, Ben Christianson, Dean Pawlowski and Brian Boss, Otter Tail Power Company; Wayne Johnson, Qwest Corporation dba CenturyLink QC; Andrew Moratzka, Stoel Rives LLP, representing South Dakota Intrastate Pipeline Company; Jeff Decker, NorthWestern Corporation dba NorthWestern Energy; Garret Senger, Larry Oswald, Travis Jacobson, Adrienne Riehl, Karl Liepitz, Nathan Bensen and Tamie Aberle, Montana-Dakota Utilities Co.; Ben Clark, Amanda Hosch, Renee White and Cade Simmons, MidAmerican Energy Company; and Alex Valencia, Matrix Telecom, LLC dba Excel Telecommunications (fka Comtel) and Matrix Telecom, LLC dba Matrix Business Technologies dba Trinsic Communications.
Administration
1. Approval of the Minutes of the Commission Meeting and the Show Cause Hearing Held on February 8, 2018. (Staff: Joy Lashley)
Commissioner Nelson moved to approve the Minutes of the Commission Meeting and the Show Cause Hearing Held on Februray 8, 2018. 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 28 contacts since the last report was prepared for the February 8, 2018, Commission meeting.
Six contacts involved telecommunication services, 13 contacts were related to electrical services, one contact was related to wireless service, four contacts were related to the Do Not Call Registry, and four 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: 2,546 of the 2,546 have been resolved.
Complaints received in 2018: 192 of the 197 have been resolved.
Electric
1. EL17-048 In the Matter of the Petition of Otter Tail Power Company for Approval of the Transmission Cost Recovery Rider Rate (Staff Analysts: Brittany Mehlhaff, Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Gina Ice, Otter Tail Power Company (OTP) asked that the Commission approve OTP’s TCR rate factor and revised tariff sheet with an effective date of March 1, 2018. Ms. Lorena Reichert, staff analyst, recommended that the Commission approve OTP’s request.
Commissioner Fiegen moved to approve Otter Tail Power Company’s TCR rate factor and revised tariff sheet with an effective date of March 1, 2018. Motion carried 3-0.
2. EL18-002 In the Matter of the Filing by Otter Tail Power Company for Approval of Tariff Revisions to its Rates for Small Power Production and Cogeneration (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Ms. Lana Fedje, Otter Tail Power Company (OTP), asked that the Commission approve the proposed revisions to Otter Tail Power Company’s rates for Small Power Production and Cogeneration for Qualifying Facilities. Mr. Eric Paulson, staff analyst, recommended that the Commission approve OTP’s request.
Commissioner Nelson moved to approve the proposed revisions to Otter Tail Power Company’s rates for Small Power Production and Cogeneration for Qualifying Facilities. Motion carried 3-0.
Gas & Electric
1. GE18-001 In the Matter of the Application of MDU Resources Group, Inc. for Authorization for Reorganization of Company Structure (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorneys: Kristen Edwards, Amanda Reiss)
Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing Montana-Dakota Utilities Co. (MDU), asked that the Commission authorize the MDU Resources Group’s merger reorganization. Ms. Kristen Edwards, staff attorney, recommended that the Commission approve MDU’s request.
Commissioner Hanson moved to authorize the MDU Resources Group’s merger reorganization. Motion carried 3-0.
Natural Gas
1. NG17-009 In the Matter of the Application of South Dakota Intrastate Pipeline Company for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)
A lengthy discussion took place for docket NG17-009. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2018, February 22, 2018, recording located at: http://puc.sd.gov/commission/media/2018/puc02222018.mp3.
Commissioner Nelson moved to grant late intervention to Ring-neck and order necessary changes to the names of the parties listed in the procedural schedule in order to include such parties in those deadlines. Motion carried 3-0.
2. NG18-001 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with NuGen Energy, LLC (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy (NorthWestern), asked that the Commission approve the contract with deviations with NuGen Energy, LLC and the associated tariff revisions with an effective date of March 1, 2018. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve the request.
Commissioner Hanson moved to approve NorthWestern Energy’s contract with deviations with NuGen Energy, LLC and the associated tariff revisions with an effective date of March 1, 2018.Motion carried 3-0.
3. NG18-002 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of its Revised Conservation Tracking Adjustment (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Nathan Bensen, Montana-Dakota Utilities Co. (MDU), asked that the Commission approve the revised Conservation Tracking Adjustment of $0.029 per dk and the associated Conservation Program Tracking Mechanism Rate 90 tariff sheet, with an effective date of March 1, 2018. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve MDU’s request.
Commissioner Hanson moved to grant Montana-Dakota Utilities Co.’s request for approval of the revised Conservation Tracking Adjustment of $0.029 per dk and the associated Conservation Program Tracking Mechanism Rate 90 tariff sheet, with an effective date of March 1, 2018.Motion carried 3-0.
4. NG18-003 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Great Plains Ethanol, LLC (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy (NorthWestern), asked that the Commission approve NorthWestern’s contract with deviations with Great Plains Ethanol, LLC and the associated tariff revisions, on less than 30 days’ notice, with an effective date of March 1, 2018. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve the request.
Commissioner Nelson moved to approve NorthWestern Energy’s contract with deviations with Great Plains Ethanol, LLC and the associated tariff revisions, on less than 30 days’ notice, with an effective date of March 1, 2018.Motion carried 3-0.
Telecommunications
1. TC18-001 In the Matter of the Filing by Peerless Network of South Dakota, LLC for Approval of its Switched Access Services Tariff No. 1 (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Eric Paulson, staff analyst, recommended that the Commission approve Peerless Network of South Dakota, LLC’s tariff effective March 2, 2018.
Commissioner Fiegen moved to approve Peerless Network of South Dakota, LLC’s Switched Access Services Tariff No. 1 effective March 2, 2018. Motion carried 3-0.
2. TC18-003 In the Matter of the Approval of a Wireline Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Matrix Telecom, LLC dba Excel Telecommunications (fka Comtel) (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
3. TC18-004 In the Matter of the Approval of a Wireline Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Matrix Telecom, LLC dba Matrix Business Technologies dba Trinsic Communication (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Mr. Alex Valencia, Matrix Telecom, LLC dba Excel Telecommunications (fka Comtel) and Matrix Telecom, LLC dba Matrix Business Technologies dba Trinsic Communications and Mr. Wayne Johnson, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the interconnection agreements. Ms. Amanda Reiss, staff attorney, stated that the agreement was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Reiss recommended that the Commission grant approval.
In dockets TC18-003 and TC18-004, Commissioner Nelson moved to approve the interconnection agreements.Motion carried 3-0.
ADDENDUM TO THE
AGENDA OF COMMISSION MEETING
1. GE17-001 In the Matter of the Filing by MidAmerican Energy Company for the Approval of Its Reconciliation and Annual Report for 2016 and Revisions to Its Energy Efficiency Cost Recovery Rate (Staff Analysts: Darren Kearney, Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Amanda Hosch, MidAmerican Energy Company (MidAmerican), asked that the Commission approve the Energy Efficiency Cost Recovery Factors of $0.00000/therm for residential gas service and $0.00000/therm for non-residential gas service and the associated tariff sheet, on less than 30 days’ notice, with an effective date of March 2, 2018. Mr. Darren Kearney, staff analyst, recommended that the Commission approve MidAmerican’s requests.
Commissioner Hanson moved to approve the Energy Efficiency Cost Recovery Factors of $0.00000/therm for residential gas service and $0.00000/therm for non-residential gas service and the associated tariff sheet, on less than 30 days’ notice, with an effective date of March 2, 2018. Motion carried 3-0.
There being no further business, at the hour of 2:33 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
February 22, 2018
