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South Dakota Public Utilities Commission Meeting
November 27, 2018, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Commissioner Gary Hanson called the meeting to order. Present was: Commissioner: Chris Nelson; Commission Attorneys: Karen Cremer and Adam de Hueck; Staff Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Joseph Rezac, Eric Paulson, Darren Kearney and Jon Thurber; and Staff: Joy Lashley.
Present were: Bob Mercer, reporter; Del Bartels, Capital Journal; Rich Coit, South Dakota Telecommunications Association; Jason Keil, Jim Dillion and Amy Karras, Black Hills Power, Inc. dba Black Hills Energy; Jason Grenier, Matt Olsen and Amber Stalboerger, Otter Tail Power Company; Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Venture Communications Cooperative, Santel Communications Cooperative, Interstate Telecommunications Cooperative, Inc. and RC Technologies; Mark Minter and David Bero, Agropur Dairy Cooperative.
Joining the meeting by telephone were: Commissioner: Kristie Fiegen; Pipeline Safety Manager: Mary Zanter; Mollie Smith, Fredrikson & Byron, P.A., representing Crocker Wind Farm, LLC; Chris Morgan and Melissa Schmit, Crocker Wind Farm, LLC; Jeff Decker and Tim Olson, NorthWestern Energy Corporation dba NorthWestern Energy; Todd Brink, Black Hills Power, Inc. dba Black Hills Energy; Brian Donahoe, Donahoe Law Firm, P.C., representing Sunflour Railroad; and Pat Mastel, Midcontinent Communications.
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
The Commission received a total of 28 contacts since the last report was prepared for the November 15, 2018, Commission meeting.
One contact involved telecommunication services, 17 contacts were related to electrical services, one contact was related to wind energy, three contacts were related to the Do Not Call Registry, two contacts were related to the TransCanada Keystone XL Project and four contacts were related to issues not regulated by the PUC.
Contacts received in 2018: 1,257 of the 1,269 have been resolved.
Electric
1. EL16-020 In the Matter of the Filing by Otter Tail Power Company Regarding its Proposed South Dakota Energy Efficiency Plan for 2017-2019 (Staff Analyst: Darren Kearney; Staff Attorney: Amanda Reiss)
A lengthy discussion took place regarding docket EL16-020. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2018, November 27, 2018, recording located at: http://puc.sd.gov/commission/media/2018/puc11272018.mp3.
Commissioner Hanson deferred the matter until the next Commission meeting.
2. EL17-055 In the Matter of the Application by Crocker Wind Farm, LLC for a Permit of a Wind Energy Facility and a 345 kV Transmission Line in Clark County, South Dakota, for Crocker Wind Farm (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)
Ms. Mollie Smith, Fredrikson & Byron, P.A., representing Crocker Wind Farm, LLC (Crocker), asked that the Commission approve the escrow agreement. Ms. Kristen Edwards, staff attorney, recommended that the Commission approve Crocker’s request.
Commissioner Nelson moved to approve Crocker’s escrow agreement. Motion carried 3-0.
3. EL18-043 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval of a Revision to the Energy Efficiency Solutions Adjustment (EESA) Rates (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
A lengthy discussion took place regarding docket EL18-043. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2018, November 27, 2018, recording located at: http://puc.sd.gov/commission/media/2018/puc11272018.mp3.
Commissioner Nelson moved to approve the Energy Efficiency Solutions Program Status Report for Program Year 2017, approve the balancing account for Program Year 2017, including the performance incentive recovery, approve the Energy Efficiency Solutions Adjustment rates of $0.0005/kWh for residential service and $0.0010/kWh for commercial and industrial services, and the revisions as mentioned by staff, effective December 1, 2018, and associated tariff sheets. Motion carried 3-0.
4. EL18-047 In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Dakota Energy Cooperative, Inc. and Miller Municipal Electric (Staff Analyst: Darren Kearney; Staff Attorney: Amanda Reiss)
Mr. Darren Kearney, staff analyst, recommended that the Commission approve the Electric Service Territory Boundary Agreement between Dakota Energy Cooperative, Inc. and Miller Municipal Electric.
Commissioner Hanson moved to approve the proposed electric service territory boundary agreement. Motion carried 3-0.
Natural Gas
1. NG18-015 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of its Refund Plan regarding Its Recovery of Manufactured Gas Plant Site Remediation Costs (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Jeff Decker, NorthWestern Energy Corporation dba NorthWestern Energy (NorthWestern), asked that the Commission approve NorthWestern’s refund plan regarding its recovery of Manufactured Gas Plant Site remediation costs with an effective date of December 1, 2018. Mr. Eric Paulson, staff analyst, recommended that the Commission approve NorthWestern’s request.
Commissioner Fiegen moved to approve NorthWestern’s refund plan regarding its recovery of Manufactured Gas Plant Site remediation costs with an effective date of December 1, 2018. Motion carried 3-0.
Pipeline Safety
1. PS18-001 In the Matter of Staff’s Request for Release to Liberty Mutual Insurance Company a Segment of Pipe Involved in a February 6, 2018, Incident (Pipeline Safety Program Manager: Mary Zanter, Pipeline Safety Inspector: Boice Hillmer; Staff Attorney: Kristen Edwards)
Ms. Kristen Edwards, staff attorney, asked that the Commission formally make NorthWestern a party to the docket. Ms. Mary Zanter, Pipeline Safety Manager, asked that the Commission approve releasing the pipe for destructive testing. Mr. Tim Olson, NorthWestern, requested approval of its Request to Destroy Pipe.
Commissioner Hanson moved to grant party status to NorthWestern Energy. Motion carried 3-0.
Commissioner Nelson moved to approve to approve NorthWestern’s request for destructive testing. Motion carried 3-0.
Telecommunications
1. TC18-058 In the Matter of the Application of Midcontinent Communications for an Amended Certificate of Authority to Provide Local Exchange Service in Defined Census Blocks Within Rural Areas in Moody, Davison, Minnehaha, Hanson, Beadle, Kingsbury and Codington Counties and for a Waiver of ARSD 20:10:32:15 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Rich Coit, South Dakota Telecommunications Association (SDTA) and Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Venture Communications Cooperative, Santel Communications Cooperative and Interstate Telecommunications Cooperative, Inc., asked that the Commission approve the requests for intervention. Mr. Pat Mastel, Midcontinent Communications (Midco), stated Midco didn’t object to the interventions. Ms. Kristen Edwards, staff attorney, also stated staff didn’t object to the interventions.
Commissioner Fiegen moved to grant intervention to any party that may have filed. Motion carried 3-0.
2. TC18-059 In the Matter of the Petition of RC Technologies for Resolution of Disputed Railroad Crossing Application (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Ms. Kristen Edwards, staff attorney, requested the Commission assess fees equitably to each party to account for the actual expenses incurred in the processing of this docket. Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing RC Technologies and Mr. Brian Donahoe, representing Sunflour Railroad did not object to the fee being assessed. The Commission will rule at a later time as to the equitable division of the fees.
Commissioner Hanson moved to require costs be assessed to RC Technologies and Sunflour Railroad, Inc. to account for actual expenses incurred in the processing of this docket. Motion carried 3-0.
There being no further business, at the hour of 11:05 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
November 27, 2018
