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South Dakota Public Utilities Commission Meeting
December 20, 2019, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Commissioner Chris Nelson called the meeting to order. Commission Attorney: Karen Cremer; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Darren Kearney, Jon Thurber, Lorena Reichert, Patrick Steffensen, and Eric Paulson; and Staff: Kaitlyn Baucom.
Present were:
Brett Koenecke, May, Adam, Gerdes and Thompson, LLP, representing Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc.; Walt Wendland, Ring-Neck Energy & Feed, LLC, dba Ring-Neck Energy, LLC; Bill Van Camp, Olinger, Lovald, McCahren, Van Camp & Konrad, P.C., representing Ring-Neck Energy & Feed, LLC, dba Ring-Neck Energy, LLC; Bob Mercer, KELO reporter; Rich Coit, South Dakota Telecommunications Association; Paul Bachand, Moreno, Lee & Bachand, P.C., representing: South Dakota Intrastate Pipeline Co.; Gordon Woods, South Dakota Intrastate Pipeline Co.; Brian J. Murphy, NextEra Energy Resources, LLC; Sean Harrington, Joshua Tran, Jay Haley and David Gil, Crowned Ridge Wind, LLC; and Miles Schumacher, Lynn, Jackson, Shultz and Lebrun, PC representing Crowned Ridge Wind, LLC.
Joining the meeting by telephone were:
Commissioners: Gary Hanson and Kristie Fiegen; Michelle Gunderson, Otter Tail Power Company; Amber Christenson, self; Kristie Mogen, self; Al Lubeck, Qwest Corporation dba CenturyLink QC; Mollie Smith, Fredrikson & Byron, P.A. representing Willow Creek Wind Power, LLC; Tamie Aberle and Travis Jacobson, Montana-Dakota Utilities Co.; Jon Baker, Lincoln Clean Energy, LLC, representing Willow Creek Wind Power, LLC; Mona Thompson, Cheyenne River Sioux Tribe Telephone Authority; David Hessler, Hessler Associates, Inc., representing staff; Darla Rogers, Riter, Rogers, Wattier & Northrup LLP, representing Cheyenne River Sioux Tribe Telephone Authority, and JJ Frazier, Crowned Ridge Wind, LLC.
Administration
1. Approval of Minutes of the Commission Meeting Held on December 10, 2019. (Staff: Joy Lashley)
Commissioner Hanson moved to approve the minutes of the Commission meeting held on December 10, 2019. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 37 contacts since the last report was prepared for the December 9, 2019 Commission meeting
Six contacts were related to telecommunication services, eight 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, five contacts were related to Wind Energy, five contacts were related to the Grain Warehouse Division and four contacts were related to issues not regulated by the PUC.
Contacts received in 2019: 1,214 of the 1,229 have been resolved.
Telecommunications
1. TC19-049 In the Matter of the Petition of Cheyenne River Sioux Tribe Telephone Authority for Designation as an Eligible Telecommunications Carrier in the State of South Dakota (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Darla Rogers, Riter, Rogers, Wattier & Northrup LLP, representing Cheyenne River Sioux Tribe Telephone Authority asked that the Commission grant Cheyenne River Sioux Tribe Telephone Authority’s Petition for Designation as an Eligible Telecommunications Carrier for purposes of receiving federal Lifeline universal service support with respect to the Timber Lake exchange, effective January 1, 2020. Ms. Lorena Reichert, staff analyst, recommended that the Commission approve the request.
Commissioner Hanson moved to grant Cheyenne River Sioux Tribe Telephone Authority’s Petition for Designation as an Eligible Telecommunications Carrier for purposes of receiving federal Lifeline universal service support with respect to the Timber Lake exchange, effective January 1, 2020. Motion carried 3-0.
2. TC19-051 In the Matter of the Approval of a Carrier Partner for Interconnected VoIP Provider Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Native American Telecom, LLC (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Mr. Al Lubeck, Qwest Corporation dba CenturyLink QC asked that the Commission approve the interconnection amendment between Qwest Corporation dba CenturyLink QC and Native American Telecom, LLC. Ms. Amanda Reiss, staff attorney, stated that the amendment 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 Fiegen moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
Electric
1. EL15-020 In the Matter of the Application by Wind Quarry Operations, LLC, for a Wind Energy Facility Permit for the Willow Creek Wind Energy Facility and Associated Facilities (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket EL15-020. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2019, December 20, 2019, recording located at: http://puc.sd.gov/commission/media/2019/puc12102019.mp3
Commissioner Hanson moved to grant the request to correct the order as proposed in the redlined version submitted November 14, 2019. Motion carried 3-0.
2. EL19-003 In the Matter of the Application by Crowned Ridge Wind, LLC for a Permit of a Wind Energy Facility in Grant and Codington Counties (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)
A lengthy discussion took place for docket EL19-003. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2019, December 20, 2019, recording located at: http://puc.sd.gov/commission/media/2019/puc12102019.mp3
Commissioner Hanson moved to defer the request for a temporary waiver to the Jan 7, 2020 Commission Meeting.
Commissioner Nelson moved to amend the motion to defer the temporary waiver request to an ad hoc meeting to be scheduled on either Dec 30 or Dec 31, 2019. Motion to amend carried 2-1, Hanson dissenting.
Main motion as amended carried, 2-1, Hanson dissenting.
Commissioner Nelson moved to approve the escrow agreement as filed on December 19, 2019. Motion carried 3-0.
3. EL19-037 In the Matter of the Filing by Otter Tail Power Company for Approval of Tariff Revisions to Its Ready Check Brochure (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Michelle Gunderson, Otter Tail Power Company (Otter Tail), asked that the Commission approve the proposed tariff revisions with an effective date of January 1, 2020. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant Otter Tail’s request.
Commissioner Fiegen moved to approve the proposed tariff revisions with an effective date of January 1, 2020. Motion carried 3-0.
Natural Gas
1. NG19-010 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of its Purchase Gas Cost Adjustment Rate 88 and Associated Tariff Revisions (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Mr. Travis Jacobson, Montana-Dakota Utilities Co. (MDU), asked that the Commission approve the revised minimum threshold and associated tariff revisions. Ms. Lorena Reichert, staff analyst, recommended that the Commission approve MDU’s request.
Commissioner Hanson moved to approve the revised minimum threshold and associated tariff revisions. Motion carried 3-0.
2. NG19-011 In the Matter of the Petition of South Dakota Intrastate Pipeline Company for a Waiver of Loss and Unaccounted Calculation for 2020 (Staff Analysts: Patrick Steffensen, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)
Mr. Brett Koenecke, May, Adam, Gerdes and Thompson, LLP, representing Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. (MDU) and Mr. Bill Van Camp, Olinger, Lovald, McCahren, Van Camp & Konrad, P.C., representing Ring-Neck Energy & Feed, LLC, dba Ring-Neck Energy, LLC (Ring-Neck), asked that the Commission approve MDU and Ring-Neck’s petitions to intervene. Mr. Paul Bachand, South Dakota Intrastate Pipeline Company (SDIP), stated SDIP doesn’t object to the interventions. Ms. Amanda Reiss, staff attorney, stated staff does not object to the interventions.
Commissioner Nelson moved to grant intervention to MDU and Ring-Neck. Motion carried 3-0.
There being no further business, at the hour of 10:47 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/Maggie Dell .
Maggie Dell
Administrative Specialist
PUC Email
December 20, 2019
