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South Dakota Public Utilities Commission Meeting
March 20, 2018, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairperson Kristie Fiegen called the meeting to order. Present were: Commissioner: Gary Hanson and Chris Nelson; Commission Attorneys: Karen Cremer and Adam de Hueck; Staff Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Patrick Steffensen, Darren Kearney, Brittany Mehlheff, Jon Thurber, Eric Paulson, Joseph Rezac and Lorena Reichert; Consumer Affairs Manager: Deb Gregg; and Staff: Katlyn Gustafson.
Present was:
Bob Mercer, reporter.
Joining the meeting by telephone were:
Amanda Hosch, Ben Clark, Cade Simmons, Stephanie Olsen and Renee White, MidAmerican Energy Company Jason Topp, Qwest Corporation dba CenturyLink QC; Shani Harmon, Orrick LLP, representing Lookout Solar Park I, LLC; and Ted Smith, Sioux Valley Energy.
Administration
1. Approval of the minutes of the Commission meetings held on February 22, and March 2, 2018, and the ad hoc meeting on February 23, 2018. (Staff: Joy Lashley)
Commissioner Nelson moved to approve the minutes of the Commission meetings held on February 22, and March 2, 2018, and the ad hoc meeting on February 23, 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 50 contacts since the last report was prepared for the March 2, 2018, Commission meeting.
Seven contacts involved telecommunication services, 21 contacts were related to electrical services, four contacts were related to wireless service, three contacts were related to Wind Energy, five contacts were related to the Do Not Call Registry, and 10 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 2018: 263 of the 269 have been resolved.
Electric
1. EL18-005 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions to Its 2017 Transmission Cost Recovery Reconciliation and 2018 Transmission Cost Recovery Factors (Staff Analysts: Joseph Rezac, Lorena Reichert; Staff Attorney: Amanda Reiss)
Mr. Ben Clark, MidAmerican Energy Company’s (MidAmerican), asked that the Commission approve the revised tariff sheet with an effective date of April 2, 2018. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve MidAmerican’s request.
Commissioner Hanson moved to approve the revised Transmission Cost Recovery rate factors and revised tariff sheet with an effective date of April 2, 2018. Motion carried 3-0.
2. EL18-006 In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between City of Fort Pierre and West Central Electric Cooperative, Inc. (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
Mr. Darren Kearney, staff analyst, recommended that the Commission approve the electric service territory boundary agreement between the City of Fort Pierre and West Central Electric Cooperative, Inc.
Commissioner Nelson moved to approve the proposed electric service territory boundary agreement. Motion carried 3-0.
3. EL18-007 In the Matter of the Filing by Lookout Solar Park I Project Regarding its Notification of Intent to Apply for a Permit for an Energy Conversion Facility (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorneys: Kristen Edwards, Amanda Reiss)
Ms. Kristen Edwards, staff attorney, recommended that the Commission designate a five-mile affected area and establish a local review committee described in Staff’s filed recommendation. Ms. Shani Harmon, representing Lookout Solar Park I, agreed with Staff’s recommendation for an affected area and local review committee.
Commissioner Nelson moved to designate the affected area with a five-mile radius from the proposed energy conversion facility, in accordance with SDCL 49-41B-6, and to designate the local review committee which shall be comprised of the following individuals, ex officio:
(1) The presidents of the Boards of Education of Oglala Lakota, Hot Springs, and Custer School Districts;
(2) The chairs of the Oglala Lakota, Custer, and Fall River County Commissions;
(3) The president of the Oglala Sioux Tribe; and
(4) A representative of Lookout Solar.
Motion carried 3-0.
4. EL18-008 In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Aurora Municipal Electric and Sioux Valley Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the electric service territory boundary agreement between Aurora Municipal Electric and Sioux Valley Energy. Mr. Ted Smith, Sioux Valley Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy, asked that the Commission approve the request.
Commissioner Feigen moved to approve the proposed electric service territory boundary agreement. Motion carried 3-0.
5. EL18-010 In the Matter of the Filing by Montana-Dakota Utilities Co., a Division of MDU Resources Group Inc. for Approval of the Annual Update to Its Infrastructure Rider Rate (Staff Analysts: Patrick Steffensen, Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, requested that the Commission assess Montana-Dakota Utilities Co., a filing fee in the amount of up to $250,000 to account for actual expenses incurred in review of this filing commencing from the filing date.
Commissioner Hanson moved to assess a filing fee in the amount of up to $250,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Motion carried 3-0.
6. EL18-011 In the Matter of the Filing by Montana-Dakota Utilities Co., a Division of MDU Resources Group Inc. for Approval of the Annual Update to Its Transmission Cost Recovery Rider Rate (Staff Analysts: Eric Paulson, Joseph Rezac; Staff Attorney: Kristen Edwards)
Ms. Kristen Edwards, staff attorney, requested that the Commission assess Montana-Dakota Utilities Co., a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date.
Commissioner Nelson moved to assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Motion carried 3-0.
Gas & Electric
1. GE18-002 In the Matter of the Filing by MidAmerican Energy Company for the Approval of Its Reconciliation and Annual Report for 2017 and 2017 Reconciliation for the Energy Efficiency Cost Recovery Factor (Staff Analysts: Joseph Rezac, Lorena Reichert; Staff Attorney: Amanda Reiss)
Mr. Ben Clark, MidAmerican Energy Company (MidAmerican), asked that the Commission approve MidAmerican’s 2017 reconciliation amounts and the 2017 performance incentive and approve the changes to the Energy Efficiency Cost Recovery Factors and tariff sheet, with an effective date of April 2, 2018. Ms. Lorena Reichert, staff analyst, recommended that the Commission approve MidAmerican’s requests.
Commissioner Nelson moved to approve the 2017 reconciliation amounts and the 2017 performance incentive and approve the changes to the Energy Efficiency Cost Recovery Factors and tariff sheet, with an effective date of April 2, 2018. Motion carried 3-0.
Telecommunications
1. TC15-002 In the Matter of the Application of Boomerang Wireless LLC dba enTouch Wireless for Designation as an Eligible Telecommunications Carrier in Certain Exchanges within the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Ms. Kristen Edwards, staff attorney, requested that the Commission pursuant to the stipulation filed by all parties, dismiss the docket without prejudice.
Commissioner Fiegen moved to dismiss and close the docket without prejudice. Motion carried 3-0.
2. TC18-006 In the Matter of the Approval of a Wireline Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Matrix Telecom, LLC dba VarTec Telecom (fka Comtel) (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), asked that the Commission approve the Wireline Interconnection Agreement between CenturyLink and Matrix Telecom, LLC dba VarTec Telecom (fka Comtel). 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.
Commissioner Hanson moved to approve the interconnection agreement. Motion carried 3-0.
There being no further business, at the hour of 9:59 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
March 20, 2018
