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South Dakota Public Utilities Commission Meeting
November 12, 2020, 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. Present were: Commission Attorneys: Adam de Hueck and Karen Cremer; Staff Attorney: Amanda Reiss; Staff: Kaitlyn Baucom; and Darla Rogers, Riter Rogers, LLP representing Clarity Telecom, LLC.
Joining the meeting by telephone were Commissioners: Gary Hanson and Kristie Fiegen; Commission Advisor: Greg Rislov; Staff Attorney: Kristen Edwards; Staff Analysts: Joseph Rezac, Patrick Steffensen, Darren Kearney, Jon Thurber, Brittany Mehlhaff and Eric Paulson; Consumer Affairs Manager: Deb Gregg; Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing Triple H Wind Project LLC, Tatanka Ridge Wind LLC and Montana-Dakota Utilities Company; Jesse Bermel, Toan Nguyen, Tatanka Ridge Wind LLC; Hilary Morey, South Dakota Game, Fish and Parks; Judy Bundorf, Bundorf Family Trust; Mollie Smith, Fredrikson & Bryon P.A., representing Wild Springs Solar LLC; Melissa Schmit, Chris Morgan, National Grid Renewables, representing Wild Springs Solar LLC; Tom Burns, Burns Law Office representing Codington-Clark Electric Cooperative Inc.; Jeff Decker, NorthWestern Corporation dba NorthWestern Energy; Brad Schardin, Southeastern Electric Cooperative Inc.; Bryce Haugen, Otter Tail Power Company; Amber Christenson, self; Chris Karn, Daryl Elcock, Jim Gleason, Mark Bookout; and Robin Davidson, Clarity Telecom, LLC.
Administration
1. Approval of Minutes of the Commission Meeting Held on October 28, 2020 (Staff: Macy Jo Murren)
Commissioner Fiegen moved to approve the minutes of the Commission meeting held on October 28, 2020. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Staff Attorney: Deb Gregg)
The Commission received a total of 51 contacts since the last report was prepared for the October 28, 2020, Commission meeting.
Eight contacts were related to telecommunications services, 22 contacts were related to electric services, two contacts were related to natural gas services, two contacts were related to wireless service, eight contacts were related to the Do Not Call Registry and nine contacts were related to issues not regulated by the PUC.
1,076 of the 1,095 contacts received in 2020 have been resolved.
Electric
1. EL19-007 In the Matter of the Application by Triple H Wind Project, LLC for a Permit of a Wind Energy Facility in Hyde County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber, Joseph Rezac; Staff Attorneys: Kristen Edwards, Amanda Reiss)
A lengthy discussion took place for docket EL19-007. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2020, November 12, 2020, recording located at: https://puc.sd.gov/commission/media/2020/puc11122020.mp3. Commissioner Nelson deferred the docket to the next meeting.
2. EL19-026 In the Matter of the Application by Tatanka Ridge Wind, LLC for a Permit of a Wind Energy Facility in Deuel County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber, Joseph Rezac; Staff Attorneys: Kristen Edwards, Amanda Reiss)
A lengthy discussion took place for docket EL19-026. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2020, November 12, 2020, recording located at: https://puc.sd.gov/commission/media/2020/puc11122020.mp3 .
Commissioner Nelson moved to approve the Escrow Agreement, subject to adding the language found in Permit Condition 39(a) and (b) to the Escrow Agreement.Motion carried 3-0.
3. EL20-018 In the Matter of the Application by Wild Springs Solar, LLC for a Permit of a Solar Energy Facility in Pennington County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket EL20-018. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2020, November 12, 2020, recording located at: https://puc.sd.gov/commission/media/2020/puc11122020.mp3 .
Commissioner Hanson moved to grant the Joint Motion for Approval of Settlement Stipulation. Motion carried 3-0. Commissioner Fiegen moved to grant Wild Springs’ Motion to Have Witnesses, Representatives, and Counsel Appear via Video Conference or Telephonically. Motion carried 3-0.
Commissioner Nelson deferred the Motion for Approval of Decommissioning Condition to the next commission meeting.
4. EL20-024 In the Matter of the Joint Request for Approval of an Amended Electric Service Boundary between Codington-Clark Electric Cooperative, Inc. and H-D Electric Cooperative, Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Tom Burns, Burns Law Office representing Codington-Clark Electric Cooperative, Inc., asked that the Commission approve the amended electric service boundary between Codington-Clark Electric Cooperative, Inc. and H-D Electric Cooperative, Inc. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the request.
Commissioner Hanson moved to approve the amended electric service territories of Codington-Clark Electric Cooperative, Inc. and H-D Electric Cooperative, Inc. Motion carried 3-0.
5. EL20-029 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Tariff Revisions to Its Small Qualifying Facility Rider (Rates 73 and 74) (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy (NorthWestern), asked that the Commission approve NorthWestern’s tariff revisions with an effective date of December 1, 2020. Mr. Eric Paulson, staff analyst, recommended that the Commission approve NorthWestern’s request.
Commissioner Nelson moved to approve NorthWestern’s tariff revisions with an effective date of December 1, 2020. Motion carried 3-0.
6. EL20-030 In the Matter of the Joint Request for Service Rights Exception between Southeastern Electric Cooperative, Inc. and NorthWestern Corporation dba NorthWestern Energy (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Brad Schardin, Southeastern Electric Cooperative, Inc. (Southeastern), and Mr. Jeff Decker, NorthWestern, asked that the Commission approve the joint request for service rights exception between Southeastern and NorthWestern. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the joint request.
Commissioner Fiegen moved to approve the requested service rights exception between NorthWestern Energy and Southeastern Electric Cooperative Inc. Motion carried 3-0.
7. EL20-032 In the Matter of the Petition of Otter Tail Power Company for Approval of the Transmission Cost Recovery Rider Rate (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Ms. Kristen Edwards, staff attorney, asked that the Commission 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. Mr. Bryce Haugen, Otter Tail Power Company , did not object to the request.
Commissioner Hanson moved to assess Otter Tail Power Company 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.
Natural Gas
1. NG20-009 In the Matter of the Filing of the South Dakota Intrastate Pipeline Company for Approval of 2021 Loss and Unaccounted Adjustment Percentage (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing Montana-Dakota Utilities Company (MDU) asked that the Commission grant intervention status to MDU. Ms. Amanda Reiss, staff attorney, stated that Ring-Neck Energy & Feed, LLC dba Ring-Neck Energy, LLC also requested intervention and that PUC staff and South Dakota Intrastate Pipeline Company do not oppose either intervention request.
Commissioner Nelson moved to grant intervention to Montana-Dakota Utilities Company and Ring-Neck Energy & Feed, LLC dba Ring-Neck Energy. Motion carried 3-0.
Commission Discussion
Clarity Telecom, LLC dba Vast Broadband responded to commissioners’ questions pertaining to Clarity’s future deployment plans, an updated 5-year plan, and additional information on outages.
Public Comments
Ms. Amber Christensen made public comments.
There being no further business, at the hour of 11: 55 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Macy Jo Murren_______
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
November 12, 2020
