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South Dakota Public Utilities Commission Meeting
May 13, 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 Commission Attorney: Karen Cremer; Staff Analysts: Brittany Mehlhaff, Darren Kearney and Jon Thurber; Staff: Kaitlyn Baucom; Brett Koenecke, May, Adam, Gerdes & Thompson LLP; and Darla Rogers, Riter Rogers LLP.
Joining the meeting by telephone were Commissioners: Kristie Fiegen and Gary Hanson; Commission Attorney: Adam de Hueck; Staff Attorneys: Amanda Reiss and Kristen Edwards; Staff analysts: Eric Paulson, Joseph Rezac, Patrick Steffensen; Consumer Affairs Manager: Deb Gregg; Ross Petrick, Alliance Communications Cooperative Inc.; Mikaela Burma, Vantage Point Solutions representing Alliance Communications Cooperative Inc. and Interstate Telecommunications Cooperative; Tracy Bandemer, Interstate Telecommunications Cooperative; Andi Livingston, Pat Mastel and Patrick Miller, Midcontinent Communications dba Midco; Amber Christensen, self; Greg Wall, self; Joan Strang, self; Steven Greber, self; Lauren Buehler and Mark Gerlach, Northern States Power Company dba Xcel Energy; Ryan Haac, Resource Systems Group; Jason Keil and Todd Brink, Black Hills Power dba Black Hills Energy.
Consumer Reports
The Commission received a total of 136 contacts since the last report was prepared for the April 29, 2021, Commission meeting.
Seven contacts were related to telecommunication services, 92 contacts were related to electric services, eight contacts were related to natural gas services, five contacts were related to wireless services, three contacts were related to the Do Not Call Registry, one contact was referred to the grain warehouse program and 20 contacts were related to issues not regulated by the PUC and one contact was referred to One Call.
779 of the 793 contacts received in 2021 have been resolved.
Telecommunications
1. TC21-010 In the Matter of Alliance Communications Cooperative, Inc. dba Alliance Communications Application for Expanded Designation as an Eligible Telecommunications Carrier (Staff Attorney: Kristen Edwards; Staff Analyst: Joseph Rezac)
Ms. Mikaela Burma, Vantage Point Solutions representing Alliance Communications Cooperative, Inc. dba Alliance Communications, asked that the Commission approve Alliance Communications’ application for expanded designation as an Eligible Telecommunications Carrier as listed in exhibit A of the Application, grant Alliance Communications’ request to waive the two-year plan requirement found in ARSD 20:10:32:43.02 and grant Alliance Communications’ request for Lifeline Only ETC designation in the areas shown on Revised Exhibit B. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve Alliance Communications’ request.
Commissioner Fiegen moved to approve Alliance Communications’ application for expanded designation as an Eligible Telecommunications Carrier for the RDOF census blocks as listed in Exhibit A of the Application, grant Alliance Communications’ request to waive the two-year plan requirement found in ARSD 20:10:32:43.02 and grant Alliance Communications’ request for Lifeline Only ETC designation in the areas shown on Revised Exhibit B. Motion carried 3-0.
2. TC21-011 In the Matter of Interstate Telecommunications Cooperative, Inc. Application for Expanded Designation as an Eligible Telecommunications Carrier (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Ms. Mikaela Burma, Vantage Point Solutions representing Interstate Telecommunications Cooperative, Inc. asked that the Commission approve Interstate Telecommunications Cooperative, Inc.’s application for an expanded designation as an Eligible Telecommunications Carrier for the areas shown on Exhibit A of the application and grant Interstate Telecommunications Cooperative, Inc.’s request to waive the two-year plan requirement. Mr. Eric Paulson, staff analyst, recommended that the Commission approve Interstate Telecommunications Cooperative, Inc.’s request.
Commissioner Hanson moved to approve Interstate Telecommunications Cooperative, Inc.’s application for an expanded designation as an Eligible Telecommunications Carrier for the areas shown on Exhibit A of the application and grant Interstate Telecommunications Cooperative, Inc.’s request to waive the two-year plan requirement found in ARSD 20:10:32:43.02. Motion carried 3-0.
3. TC21-020 In the Matter of the Filling by Midcontinent Communications dba Midco for Approval of Waiver of the Utilization Threshold Requirements in Sioux Falls, South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. Pat Mastel, Midcontinent Communications dba Midco (Midco) asked that the Commission approve Midco’s request for Waiver of Utilization threshold requirements. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve Midco’s request.
Commissioner Nelson moved to approve the request for Waiver of Utilization Threshold Requirements. Motion carried 3-0.
Electric
1. EL19-027 In the Matter of the Application by Crowned Ridge Wind II, LLC for a Permit of a Wind Energy Facility in Deuel, 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 EL19-027. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2021, May 13, 2021, recording located at: https://puc.sd.gov/commission/media/2021/puc05132021.mp3.
Commissioner Fiegen moved to approve the Post-Construction Sound Monitoring Protocol subject to Commissioner Nelson’s and Staff’s revisions to the Protocol. Motion carried 3-0.
2. EL21-016 In the Matter of Black Hills Power, Inc., dba Black Hills Energy’s Petition for Approval for Deferred Accounting Treatment for February Cold Weather Costs (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. Jason Keil, Black Hills Power, Inc., dba Black Hills Energy, asked that the Commission grant the request for deferred accounting treatment of February cold weather costs and the creation of the associated regulatory asset and approve the associated tariff sheets with an effective date of June 1, 2021, on less than 30 days’ notice. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve Black Hills Power, Inc., dba Black Hills Energy’s request.
Commissioner Hanson moved to grant the request for deferred accounting treatment of February cold weather costs and the creation of the associated regulatory asset and approve the associated tariff sheets with an effective date of June 1, 2021, on less than 30 days’ notice. Motion carried 2-1. Commissioner Nelson dissenting.
Items for Commission Discussion
Commission staff requested a discussion on the need for a permit condition specific to wind farms; that condition would require future projects to provide periodic progress reports. For wind farms previously permitted, staff seeks to implement a similar voluntary request among certain projects identified as susceptible to falling behind in updating and providing information. For purposes of properly regulating permitted projects and auditing conditional milestones, periodic reports would be beneficial. A lengthy discussion took place, during which Mr. Jon Thurber, staff analyst; Ms. Kristen Edwards, staff attorney; Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP; and Darla Rogers, Riter Rogers LLP offered comments. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2021, May 13, 2021, recording located at: https://puc.sd.gov/commission/media/2021/puc05132021.mp3.
There being no further business, at the hour of 11:36 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Macy Jo Murren .
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
May 13, 2021
