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South Dakota Public Utilities Commission Meeting
May 25, 2021, at 9:30 A.M. CDT
Room 412, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

         Commissioner Chris Nelson called the meeting to order. Present were Commissioner: Gary Hanson; Commission Attorney: Adam de Hueck; Staff Attorney: Amanda Reiss; Staff Analyst: Eric Paulson; Grain Warehouse Program Manager: Cody Chambliss; Grain Warehouse Inspector: Paul Kenefick-Aschoff; Staff: Kaitlyn Baucom; Jeremey Frost; Robert Konrad, Konrad Law, Prof. LLC representing Jeremy Frost and Fearless Grain Marketing, LLC; and Bob Mercer, Keloland News; John Schmidt, self.

         Joining the meeting by telephone were Commissioner: Kristie Fiegen; Commission Attorney: Karen Cremer; Staff Attorney: Kristen Edwards; Staff Analyst: Joseph Rezac; Consumer Affairs Manager: Deb Gregg; Pipeline Safety Program Manager: Mary Zanter; Jason Topp, Qwest Corporation dba CenturyLink QC; Pam Bonrud and Rick Edwards, NorthWestern Corporation dba NorthWestern Energy; Steven Kolbeck, Karin Haas, Allison Shilinski and Sydney Bell, Northern States Power Company dba Xcel Energy.

Administration

1.      Approval of the Minutes of the Commission Meeting Held on April 29, 2021 (Staff: Macy Jo Murren)

         Commissioner Hanson moved to approve the April 29, 2021, minutes. Motion carried 3-0.

Consumer Reports

         The Commission received a total of 51 contacts since the last report was prepared for the April 29, 2021, Commission meeting.

         Six contacts were related to telecommunications services, 28 contacts were related to electric services, two contacts were related to natural gas services, two contacts were related to wireless services, seven contacts were related to the Do Not Call Registry, five contacts were related to issues not regulated by the PUC and one contact was referred to One Call.

         830 of the 844 contacts received in 2021 have been resolved.

Telecommunications

1.      TC21-015        In the Matter of the Approval of an Unbundled Network Elements (UNEs) – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Wide Voice, LLC for the State of South Dakota (Staff Analyst: Joseph Rezac; 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 Qwest Corporation dba CenturyLink QC’s request.

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

2.      TC21-016        In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Wide Voice, LLC for the State of South Dakota (Staff Analyst: Joseph Rezac; 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 Qwest Corporation dba CenturyLink QC’s request.

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

Electric

1.      EL21-012        In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Its 2021 Economic Development Plan and 2020 Economic Development Report (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

         Ms. Pam Bonrud, NorthWestern Corporation dba NorthWestern Energy, asked that the Commission approve NorthWestern Energy’s 2020 Economic Development Report and 2021 Economic Development Plan. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve NorthWestern Energy’s request.

         Commissioner Hanson moved to approve NorthWestern Energy’s 2020 Economic Development Report and 2021 Economic Development Plan. Motion carried 3-0.

2.      EL21-013        In the Matter of the Filing by Northern States Power Company dba Xcel Energy for Approval of Revised Welcome Brochures (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

         Chairman Nelson deferred the docket.

Grain Warehouse

1.      GW21-001      In the Matter of the PUC Staff’s Complaint Against Fearless Grain Marketing, LLC and Jeremey Frost (Grain Warehouse Manager: Cody Chambliss; Staff Attorneys: Kristen Edwards, Amanda Reiss)

         Ms. Amanda Reiss, staff attorney, recommended that the Commission grant the joint motion for approval of stipulation and settlement agreement. Mr. Robert Konrad, Konrad Law, Prof. LLC representing Jeremey Frost, agreed with staff’s recommendation.
 
         Commissioner Nelson moved to grant the Joint Motion for Approval of Stipulation and Settlement Agreement. Motion carried 3-0.

Natural Gas

1.      NG21-002       In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Its 2021 Economic Development Plan and 2020 Economic Development Report (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

            Ms. Pam Bonrud, NorthWestern Corporation dba NorthWestern Energy, asked that the Commission approve NorthWestern Energy’s 2020 Economic Development Report and 2021 Economic Development Plan. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve NorthWestern Energy’s request.      
   
Commissioner Hanson moved to approve NorthWestern Energy’s 2020 Economic Development Report and 2021 Economic Development Plan. Motion carried 3-0.

Pipeline Safety

1.      PS21-002        PUC Staff’s Request for Additional 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 waiver of 49 CFR 192.2009. 

         Commissioner Fiegen moved to grant the waiver of 49 CFR 192.1009 as requested by staff. Motion carried 3-0.

Public Comments

Mr. John Schmidt made public comments regarding climate change.

There being no further business, at the hour of 10:50 a.m., the South Dakota Public Utilities Commission meeting adjourned.    

/s/Macy Jo Murren            .
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
May 25, 2021