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South Dakota Public Utilities Commission Meeting
November 24, 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 Attorney Adam de Hueck; and PUC Staff Kaitlyn Baucom.
Joining the meeting by telephone were Commissioners: Gary Hanson and Kristie Fiegen; Commission Advisor: Greg Rislov, Commission Attorney: Karen Cremer; Staff Attorneys: Amanda Reiss and Kristen Edwards; Staff Analysts: Joseph Rezac, Darren Kearney, Jon Thurber, and Brittany Mehlhaff; Finance Manager: Cindy Kemnitz; Consumer Affairs Manager: Deb Gregg; Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing Triple H Wind Project LLC; Mollie Smith, Fredrikson & Bryon P.A., representing Wild Springs Solar LLC; Melissa Schmit and Chris Morgan, National Grid Renewables, representing Wild Springs Solar LLC; Jason Grenier, Otter Tail Power Company; Todd Brink and Jason Keil, Black Hills Power, Inc. dba Black Hills Energy; and Jeff Decker, NorthWestern Corporation dba NorthWestern Energy.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Staff Attorney: Deb Gregg)
The Commission received a total of 46 contacts since the last report was prepared for the November 12, 2020, Commission meeting.
Six contacts were related to telecommunications services, twenty-one contacts were related to electric services, five contacts were related to natural gas services, three contacts were related to wireless services, five contacts were related to the Do Not Call Registry, six contacts were related to issues not regulated by the PUC.
1,125 of the 1,141 contacts received in 2020 have been resolved.
Telecommunications
1. In the Matter of the Failure of Certain Telecommunications Companies to Timely Pay their Gross Receipts Tax (Finance Manager: Cindy Kemnitz)
Ms. Cindy Kemnitz, Finance Manager, asked that the Commission issue an order to show cause for the following companies that have failed to timely pay their gross receipts tax as required by SDCL 49-1A:
American Telecommunications System Inc.
DataBytes Inc.
Peerless Network of South Dakota LLC
Stream Communications
STS Media Inc. dba FreedomPop
The Light Phone
Wave Nation LLC
Ms. Kemnitz also asked the Commission to defer action on the following companies:
Associated Network Partners Inc. (ANPI)
B & R Electronics dba Communications Center
Broadvox – CLEC LLC
Neutral Tandem-South Dakota LLC
Onvoy LLC
Onvoy Spectrum LLC
Soehl Electronics Inc. dba Vantek Communications
Commissioner Hanson moved to issue an Order to Show Cause as to why the Commission should not fine, and/or suspend or revoke the Certificates of Authority of each of these companies for failure to pay the requisite gross receipts tax and have not contacted Ms. Kemnitz and to defer action on the suggested companies. Motion carried 3-0.
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 24, 2020, recording located at: https://puc.sd.gov/commission/media/2020/puc11242020.mp3.
Commissioner Nelson deferred the docket to the next meeting.
2. 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 24, 2020, recording locatedat: https://puc.sd.gov/commission/media/2020/puc11242020.mp3.
Commissioner Hanson moved to grant Wild Springs’ Motion for Approval of the Decommissioning Condition. Motion carried 3-0. Commissioner Hanson moved to grant a permit for the construction of a solar energy facility to Wild Springs Solar, LLC pursuant to SDCL 49-41B-25 subject to the conditions previously approved as part of the settlement stipulation and the Decommissioning Condition. Motion carried 3-0.
3. EL20-022 In the Matter of the filing by Otter Tail Power Company regarding its 2021-2023 Energy Efficiency Partnership Triennial Plan (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Mr. Jason Grenier, Otter Tail Power Company (Otter Tail), asked that the Commission approve the 2021-2023 Energy Efficiency Partnership Triennial Plan. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve Otter Tail’s request with the conditions that the fixed percentage incentive shall be calculated as 30 percent of actual expenses, with a cap set at 30 percent of the approved budget and actual spending shall not exceed 10 percent above the approved budget, unless approved by the Commission. Staff also requested the Commission provide clarification on whether or not changes in rebate amounts need to be approved by the Commission.
Commissioner Fiegen moved to approve Otter Tail Power Company’s 2021-2023 Energy Efficiency Partnership Triennial Plan, subject to the conditions recommended by staff, and to require that changes in rebate amounts be approved by the Commission. Motion carried 3-0.
4. EL20-027 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy to Terminate the Energy Efficiency Solutions Adjustment Rate Tariff and Energy Efficiency Solutions Adjustment Rate Commodity Balancing Account (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
A lengthy discussion took place for docket EL20-027. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2020, November 24, 2020, recording located at: https://puc.sd.gov/commission/media/2020/puc11242020.mp3.
Commissioner Nelson moved to approve the Energy Efficiency Solutions Adjustment Status Report for Program Year 2019, approve the balancing account for Program Year 2019, and approve the proposed tariff revisions, and to eliminated Energy Efficiency Solutions Adjustment rates, effective December 1, 2020. Motion carried 3-0.
5. EL20-031 In the Matter of the Joint Request for Approval of an Amended Electric Service Territory Boundary Agreement between Black Hills Electric Cooperative, Inc. and Black Hills Power, Inc. dba Black Hills Energy (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Jason Keil, Black Hills Power, Inc. dba Black Hills Energy, supports the boundary agreement. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the Amended Service Territory Boundary Agreement between Black Hills Electric Cooperative, Inc. and Black Hills Power, Inc. dba Black Hills Energy.
Commissioner Nelson deferred the docket to the next meeting.
Natural Gas
1. NG20-010 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: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Mr. Jeff Decker, NorthWestern 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, 2020. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve NorthWestern’s request.
Commissioner Hanson moved to approve NorthWestern Energy’s refund plan regarding its recovery of Manufactured Gas Plant Site remediation costs with an effective date of December 1, 2020. Motion carried 3-0.
There being no further business, at the hour of 11:00 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Macy Jo Murren_______
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
November 24, 2020
