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South Dakota Public Utilities Commission Meeting
April 1, 2021, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Commissioner Chris Nelson called the meeting to order. Present were Commissioner: Gary Hanson; Commission Attorneys: Karen Cremer, Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorney: Kristen Edwards; Staff: Kaitlyn Baucom; Amber Christensen, self; Lindsey Riter-Rapp, Riter Rogers, LLP representing Clear Rate Communications, Inc.; Kara Semmler, South Dakota Telecommunications Association and R. Shawn Tornow, representing Mr. Robert J. Welder.
Joining the meeting by telephone were Commissioner: Kristie Fiegen; Staff Attorney: Amanda Reiss; Staff Analysts: Darren Kearney, Eric Paulson and Joseph Rezac; Consumer Affairs Manager: Deb Gregg; Jody Gremshaw, Clear Rate Communications, Inc.; Brian Riniker, Crowned Ridge Wind, LLC; David Hessler, Hessler Associates representing PUC Staff; Brian Murphy, Fabian Camacho and Juan Nasiff, NextEra Energy Resources, LLC representing 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; Cary Stephenson, David Prazak, Jon Fabre, Nate Kunde and Svetlana Fedje, Otter Tail Power Company; Michele Nielson, Sioux Valley-Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy; Jason Keil and Mutch Usera, Black Hills Power, Inc. da Black Hills Energy; Jeff Decker, NorthWestern Corporation dba NorthWestern Energy; and Russell Gall, Charles Mix Electric Association, Inc.
Administration
1. Approval of the Minutes of the Commission Meetings Held on March 5 and 16, 2021 (Staff: Macy Jo Murren)
Commissioner Fiegen moved to approve the March 5 and March 16, 2021, minutes. Motion carried 3-0.
Consumer Reports
The Commission received a total of 95 contacts since the last report was prepared for the March 16, 2021, Commission meeting.
17 contacts were related to telecommunications services, 30 contacts were related to electric services, 16 contacts were related to natural gas services, four contacts were related to wireless services, 11 contacts were related to the Do Not Call Registry, two contacts were related to the grain warehouse program, three contacts were related to wind energy and 12 contacts were related to issues not regulated by the PUC.
490 of the 508 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)
Ms. Jody Gremshaw representing Clear Rate Communications, Inc. asked that the Commission approve Clear Rate Communications Inc.’s request for a Certificate of Authority. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant a waiver of the cash flow statements and grant the request for a Certificate of Authority to provide local exchange and interexchange long distance services in South Dakota with the restriction that, for retail purposes, Clear Rate not offer any prepaid services, including prepaid calling cards, and does not accept or require any deposits or advance payments, without prior approval of the Commission and that Clear Rate be subject to rural safeguards. Ms. Kara Semmler, South Dakota Telecommunications Association provided comment.
Commissioner Nelson moved to grant Clear Rate Communications Inc.’s request for waiver of its cash flow statements and approve the request for a Certificate of Authority to provide local exchange and interexchange long distance services in South Dakota as described by staff. 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, April 1, 2021, recording located at: https://puc.sd.gov/commission/media/2021/puc04012021.mp3 .
Commissioner Nelson moved to grant the Motion for Approval of Mitigation Plan with the Lindgren property included as a test location in the follow-up sound study. Motion carried 3-0.
2. EL21-004 In the Matter of Otter Tail Power Company’s Petition for Approval of Tariff Revisions to Its LED Lighting Rates (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Ms. Svetlana Fedje, Otter Tail Power Company, asked that the Commission approve the filing. Mr. Eric Paulson, staff analyst, recommended that the Commission approve Otter Tail’s tariff revisions with an effective date of May 1, 2021.
Commissioner Fiegen moved to approve Otter Tail’s revised tariff revisions with an effective date of May 1, 2021. Motion carried 3-0.
3. EL21-006 In the Matter of the Joint Request for an Electric Service Rights Exception between Northern States Power Company dba Xcel Energy and Sioux Valley-Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Ms. Michele Nielson, Sioux Valley-Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy (Sioux Valley) asked that the Commission approve the requested service rights exception between Northern States Power Company dba Xcel Energy and Sioux Valley. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the joint request.
Commissioner Hanson moved to approve the requested service rights exception between Northern States Power Company dba Xcel Energy and Sioux Valley-Southwestern Electric Cooperative Inc dba Sioux Valley Energy. Motion carried 2-1, Commissioner Nelson dissenting.
4. EL21-008 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval of Its 2020 Economic Development Report and 2021 Economic Development Plan (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Jason Keil, Black Hills Power, Inc. dba Black Hills Energy (Black Hills Energy), asked that the Commission approve the 2020 Economic Development Report and its 2021 Economic Development Plan. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve Black Hills Energy’s request.
Commissioner Fiegen moved to approve Black Hills Power, Inc. dba Black Hills Energy’s 2020 Economic Development Report and its 2021 Economic Development Plan. Motion carried 3-0.
5. EL21-010 In the Matter of the Joint Request for Service Rights Exception between NorthWestern Corporation dba NorthWestern Energy and Charles Mix Electric Association, Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, asked that the Commission approve the service rights exception. Russell Gall, Charles Mix Electric Association, Inc., also asked for approval. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the requested service rights exception between NorthWestern Corporation dba NorthWestern Energy and Charles Mix Electric Association, Inc.
Commissioner Nelson moved to approve the requested service rights exception between NorthWestern Corporation dba NorthWestern Energy and Charles Mix Electric Association, Inc. Motion carried 3-0.
There being no further business, at the hour of 11:08 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Macy Jo Murren .
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
April 1, 2021
