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South Dakota Public Utilities Commission Meeting
April 29, 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 Commissioners: Kristie Fiegen and Gary Hanson; Commission Attorney: Adam de Hueck; Staff Attorneys: Amanda Reiss and Kristen Edwards; Finance Manager: Cindy Kemnitz; Staff: Kaitlyn Baucom; Gordon Woods and Paul Bachand, South Dakota Intrastate Pipeline Company; Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing Montana-Dakota Utilities Company; and Bill Van Camp, Olinger, Lovald, McCahren, & Van Camp P.C. representing Ring-Neck Energy & Feed, LLC dba Ring-Neck Energy, LLC.  

Joining the meeting by telephone were Commission Attorney: Karen Cremer; Staff Analysts: Brittany Mehlhaff; Eric Paulson; Joseph Rezac; Patrick Steffensen; Consumer Affairs Manager: Deb Gregg; Pipeline Safety Program Manager: Mary Zanter; Doug Eidahl, Jeff Symens and Mikaela Burma, Valley Telecommunications Cooperative Association, Inc.; Alan Poole, and Victor Noreiga, Troutman Pepper Hamilton Sanders, LLP representing LTS Telecommunications (USA) Inc.; Jason Topp, Qwest Corporation dba CenturyLink QC; James Moore, GenPro Energy Solutions; Darcy Neigum, Rob Frank, Stephanie Bosch, and Travis Jacobson, Montana-Dakota Utilities Co.; Todd Brink and Jason Keil, Black Hills Power, Inc. dba Black Hills Energy; Kevin Crosby, self; and Katelyn Lynch-Butcher, Ralph Martens, Renee White and Shanna Paulsen, MidAmerican Energy Company.

Administration

Approval of the Minutes of the Commission Meetings Held on April 1 and 13, 2021, and the Ad Hoc Meeting held on April 7, 2021 (Staff: Macy Jo Murren)

Commissioner Fiegen moved to approve Minutes of the Commission Meetings Held on April 1 and 13, 2021, and the Ad Hoc Meeting held on April 7, 2021. Motion carried 3-0.

Consumer Reports

         The Commission received a total of 106 contacts since the last report was prepared for the April 13, 2021, Commission meeting.

         Twelve contacts were related to telecommunications services, 58 contacts were related to electric services, 11 contacts were related to natural gas services, six contacts were related to wireless service, seven contacts were related to the Do Not Call Registry, one contact was related to wind energy, 10 contacts were related to issues not regulated by the PUC and one contact was referred to One Call.

         639 of the 656 contacts received in 2021 have been resolved.

Telecommunications

1.      TC21-003        In the Matter of the Application by Valley Telecommunications Cooperative Association, Inc. for Expanded Designation as an Eligible Telecommunications Carrier in the State of South Dakota (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

         Mr. Doug Eidahl, Valley Telecommunications Cooperative Association, Inc. (Valley Telecommunications), asked that the Commission approve Valley Telecommunications’ application. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve the request.  

         Commissioner Nelson moved to approve Valley Telecommunications Cooperative Association, Inc.’s application for expanded designation as an Eligible Telecommunications Carrier for the RDOF census blocks as listed in Exhibit A of the Application and grant Valley’s request to waive the two-year plan requirement found in ARSD 20:10:32:43.02.Motion carried 3-0.

2.      TC21-008        In the Matter of the Application of LTS Telecommunications Services (USA) Inc. for a Certificate of Authority to Provide Interexchange Service in South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

       Mr. Alan Poole, Troutman Pepper Hamilton Sanders, LLP representing LTS Telecommunications Services (USA) Inc. (LTS), asked that the Commission grant LTS a Certificate of Authority to provide Interexchange Long Distance Services. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve LTS’s request subject to the condition in the event LTS begins to provide retail service to South Dakota consumers, LTS must obtain an indemnity bond of $25,000 to run in favor of South Dakota consumers.

         Commissioner Hanson moved to grant LTS Telecommunications Services (USA) Inc.’s request for a Certificate of Authority to Provide Interexchange Long Distance Services in South Dakota subject to the condition in the event LTS begins to provide retail service to South Dakota consumers, LTS must obtain an indemnity bond of $25,000 to run in favor of South Dakota consumers.Motion carried 3-0.

3.      TC21-012        In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and CenturyLink Communications LLC (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

         Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the amendment to the interconnection agreement. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the request.

         Commissioner Fiegen moved to approve the amendment to the interconnection agreement.Motion carried 3-0.

4.      TC21-013        In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Level 3 Communications LLC (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

         Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the amendment to the interconnection agreement. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the request.

         Commissioner Fiegen moved to approve the amendment to the interconnection agreement.Motion carried 3-0.

Administration

1.      AA21-002       Establishment of the Gross Receipts Tax Levy for Fiscal Year 2022 (Finance Manager: Cindy Kemnitz, Staff Attorney: Kristen Edwards)

         Ms. Cindy Kemnitz, finance manager, asked that the Commission establish the rate and assess the Gross Receipts Tax as authorized in SDCL 49-1A-3.

         Commissioner Hanson moved to establish the rate and assess the Gross Receipts Tax as authorized in SDCL 49-1A-3 of .0015 or $250, whichever amount is greater.Motion carried 3-0.

Electric

1.      EL21-007        In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Infrastructure Rider Rate (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)

        Mr. Travis Jacobson, Montana-Dakota Utilities Co., asked that the Commission approve the revised Infrastructure Rider rate and revised tariff sheet. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve Montana-Dakota Utilities Co.’s request with an effective date of May 1, 2021.

         Commissioner Fiegen moved to approve the revised Infrastructure Rider rate and revised tariff sheet with an effective date of May 1, 2021.Motion carried 3-0.

2.      EL21-009        In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Transmission Cost Recovery Rider Rate (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)

         Mr. Travis Jacobson, Montana-Dakota Utilities Co., asked that the Commission approve the revised Transmission Cost Recovery Rider rate and revised tariff sheet. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve Montana-Dakota Utilities Co.’s request with an effective date of May 1, 2021.

         Commissioner Nelson moved to approve the revised Transmission Cost Recovery Rider rate and revised tariff sheet with an effective date of May 1, 2021. Motion carried 3-0.

3.      EL21-011        In the Matter of the Application of Black Hills Power, Inc., dba Black Hills Energy to Amend its Cogeneration and Small Power Production Service Tariff (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)

         Mr. Todd Brink, Black Hills Power, Inc. dba Black Hills Energy, did not object to the intervention requests. Ms. Kristen Edwards, staff attorney, recommended that the Commission grant intervention to any persons who filed: Xanterra Parks & Resorts, Inc.; Cobblestone, LLC; Pangea Design Group, LLC; Black Hills Homestead; GenPro Energy Solutions, LLC; and Steve and Lynn Hammond.

            Commissioner Hanson moved to grant intervention to: Xanterra Parks & Resorts, Inc.; Cobblestone, LLC; Pangea Design Group, LLC; Black Hills Homestead; GenPro Energy Solutions, LLC; and Steve and Lynn Hammond.Motion carried 3-0.

Gas and Electric

1.      GE21-001       In the Matter of Staff’s Request Regarding the February 2021 Cold Weather Event and Its Impact on Utility Fuel Clause Adjustments and Purchased Gas Adjustments (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorneys: Amanda Reiss and Kristen Edwards)

         Travis Jacobson, Montana-Dakota Utilities Co., asked that the Commission approve a variance to the Purchased Gas Cost Adjustment Rate 88 tariff. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve Montana-Dakota Utilities Co.’s request beginning May 1, 2021.

         Commissioner Fiegen moved to approve Montana-Dakota Utilities Co.’s requested variance to its Purchased Gas Cost Adjustment Rate 88 tariff beginning May 1, 2021.Motion carried 3-0.

2.      GE21-002       In the Matter of the Filing by MidAmerican Energy Company for Approval of a Revised Customer Information Welcome Booklet (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

         Ms. Katelyn Lynch-Butcher, MidAmerican Energy Company, asked that the Commission approve the proposed revisions to MidAmerican Energy Company’s Customer Information Welcome Booklet. Mr. Eric Paulson, staff analyst, recommended that the Commission approve the MidAmerican Energy Company’s request with an effective date of May 1, 2021.

         Commissioner Hanson moved to approve the proposed revisions to MidAmerican Energy Company’s Customer Information Welcome Booklet.Motion carried 2-1. Commissioner Fiegen dissenting.

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. Paul Bachand, South Dakota Intrastate Pipeline Company, asked that the Commission approve the settlement stipulation, rates, revised tariff sheet, terms and conditions stipulated. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the settlement stipulation, rates, revised tariff sheet, terms and conditions stipulated.

          Commissioner Nelson moved to grant the Joint Motion for Approval of Settlement Stipulation and approve the rates, revised tariff sheet, terms and conditions stipulated the rein.Motion carried 3-0.

Pipeline Safety

1.      PS21-001        PUC Staff’s Request for Waiver of Certain Code Requirements Identified in PHMSA Amendment 192-128 (Pipeline Safety Program Manager: Mary Zanter; Staff Attorney: Kristen Edwards)

         Ms. Mary Zanter, Pipeline Safety Program Manager, asked that the Commission grant the requested waivers in order to make the South Dakota pipeline safety requirements consistent with Amendment 192-128 issued by PHMSA in March 2021.

         Commissioner Nelson moved to grant the requested waivers.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
April 29, 2021