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MINUTES OF THE COMMISSION MEETING

Commissioner Chris Nelson called the meeting to order. Present were Commission Attorney: Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Amanda Reiss and Kristen Edwards; Grain Warehouse Manager: Cody Chambliss; and Staff: Kaitlyn Baucom.

Joining the meeting by telephone were Commissioners: Kristie Fiegen and Gary Hanson; Commission Attorney: Karen Cremer; Staff Analysts: Brittany Mehlhaff, Eric Paulson, Darren Kearney, Jon Thurber and Joseph Rezac; Pipeline Safety Program Manager: Mary Zanter; Consumer Affairs Manager: Deb Gregg; Jason Topp and Ken Buchan, Qwest Corporation dba CenturyLink QC; Amber Christensen, self; David Hessler, Hessler Associates, Inc. representing Staff; Brian Murphy, NextEra Energy Resources, LLC, representing Crowned Ridge Wind, LLC; David Gil, Crowned Ridge Wind, LLC; Miles Schumacher, Lynn, Jackson, Shultz and Lebrun, PC representing Crowned Ridge Wind, LLC; Richard Lampeter, Epsilon Associates, Inc. representing Crowned Ridge Wind, LLC; Kallie Bentz and Katelyn Lynch-Butcher, MidAmerican Energy Company; and Chris Aiken, Northern States Power Company dba Xcel Energy.

Administration

Approval of the Minutes of the Commission Meeting Held on February 19, 2021, and the Ad Hoc Meeting held on February 23, 2021 (Staff: Macy Jo Murren)

         Commissioner Fiegen moved to approve the February 19, 2021, and the Ad Hoc Meeting held on February 23, 2021 Commission Meeting Minutes. Motion carried 3-0.

Consumer Reports

         The Commission received a total of 82 contacts since the last report was prepared for the February 19, 2021, Commission meeting.

         Seven contacts were related to telecommunications services, 34 contacts were related to electric services, seven contacts were related to natural gas services, four contacts were related to wireless services, six contacts were related to the Do Not Call Registry, two contacts were related to wind energy, and 22 contacts were related to issues not regulated by the PUC.

         324 of the 339 contacts received in 2021 have been resolved.

Telecommunications

1.      TC20-051        In the Matter of the Application of Clear Rate Communications, Inc. for a Certificate of Authority to Provide Local Exchange and Interexchange Services in South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

         Mr. Joseph Rezac, staff analyst, asked that the docket be deferred to a later meeting. 

         Commissioner Nelson deferred the docket to a later meeting.

2.      TC21-004        In the Matter of Qwest Corporation dba CenturyLink QC’s Petition for Authority to Convert to GAAP Accounting (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

         Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), asked that the Commission grant CenturyLink’s request to convert from Part 32 accounting to GAAP accounting. Mr. Eric Paulson, staff analyst, recommended that the Commission approve CenturyLink’s request.

         Commissioner Fiegen moved to grant CenturyLink’s request to convert from Part 32 accounting to GAAP accounting. Motion carried 3-0.

3.      TC21-005        In the Matter of the Approval of a Type 2 Wireless Interconnection Agreement between Qwest Corporation dba CenturyLink QC and DISH Wireless LLC for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

         Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), asked that the Commission approve the interconnection agreement between CenturyLink and DISH Wireless. Ms. Kristen Edwards, staff attorney, recommended that the Commission approve CenturyLink’s request.

         Commissioner Nelson moved to approve the Interconnection Agreement.Motion carried 3-0.

4.      TC21-006        In the Matter of the Routing of Traffic Through a Third Party Transit Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and DISH Wireless LLC for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

         Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), asked that the Commission approve the amendment to the interconnection agreement between CenturyLink and DISH Wireless. Ms. Kristen Edwards, staff attorney, recommended that the Commission approve CenturyLink’s request.

         Commissioner Nelson moved to approve the Amendment to the Interconnection Agreement. Motion carried 3-0.

Electric

1.      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 recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2021, March 5, 2021, recording located at: https://puc.sd.gov/commission/media/2021/puc03052021.mp3 .

Commissioner Nelson deferred the docket issue to a later meeting. 

2.      EL21-005        In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions regarding Its 2020 Transmission Cost Recovery Reconciliation and 2021 Transmission Cost Recovery Factors (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
         
          Ms. Amanda Reiss, staff attorney, recommended 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. Ms. Kallie Bentz, MidAmerican Energy Company, stated MidAmerican does not oppose the filing fee.
         
          Commissioner Fiegen 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.

Grain Warehouse

1.      GW20-002      In the Matter of Kingsburg Grain and Feed, LP (Grain Warehouse Manager: Cody Chambliss; Staff Attorneys: Kristen Edwards, Amanda Reiss)

         Ms. Kristen Edwards, staff attorney, recommended that the Commission close this docket.

         Commissioner Nelson moved to close this docket. Motion carried 3-0.

Pipeline Safety

1.      PS20-001        In the Matter of the Filing by Commission Pipeline Safety Staff for Approval of an Agreed Upon Penalty for Pipeline Safety Violations by Northern States Power Company dba Xcel Energy (Pipeline Safety Program Manager: Mary Zanter; Staff Attorney: Kristen Edwards)

         Ms. Kristen Edwards, staff attorney, asked that the Commission impose the penalty agreed upon between staff and Xcel. Ms. Mary Zanter, pipeline safety program manager, agreed with the imposition of the penalty for Xcel. Chris Aiken, Northern States Power Company dba Xcel Energy, did not oppose the penalty.

         Commissioner Nelson moved to find Xcel to have violated pipeline safety regulations and moved to impose the penalty agreed upon between staff and Xcel. Motion carried 3-0.    
 
There being no further business, at the hour of 11:10 a.m. the South Dakota Public Utilities Commission meeting adjourned.    

/s/Macy Jo Murren            .
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
March 5, 2021