South Dakota Public Utilities Commission Meeting
June 22, 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 and Adam de Hueck; Staff Attorney: Amanda Reiss; Staff Analysts: Brittany Mehlhaff, Patrick Steffensen and Eric Paulson; Consumer Affairs Manager: Deb Gregg; Staff: Leah Mohr and Brittany Olson; and Darla Pollman Rogers, Riter Rogers, LLP representing Local Exchange Carriers Association.
Joining the meeting by telephone were Commissioner: Kristie Fiegen; Staff Attorney: Kristen Edwards; Staff Analysts: Jon Thurber, Darren Kearney and Joseph Rezac; Pat Finnegan, Metropolitan Telecommunications of South Dakota, Inc. dba MetTel; Jason Topp, Qwest Corporation dba CenturyLink QC; Connie Wightman, Inteserra Consulting Inc. representing Intrado Communications LLC; Marlene Bennett, Consortia Consulting representing Local Exchange Carriers Association; Ann Marie Jordan, self; Jason Grenier, Bill Swanson, and Kirk Phinney, Otter Tail Power Company; Paul Tschetter, Boyce Law Firm LLP representing Otter Tail Power Company; James Moore, Woods, Fuller, Shultz & Smith P.C. representing GenPro Energy Solutions, LLC; Jason Keil, Black Hills Power, Inc., dba Black Hills Energy; Katelyn Lynch-Butcher and Sam Wagner, MidAmerican Energy Company.
Administration
1. Approval of the Minutes of the Commission Meeting Held on May 25, 2021 (Staff: Macy Jo Murren)
Commissioner Hanson moved to approve the minutes of the Commission Meeting held on May 25, 2021. Motion carried 3-0.
Consumer Reports
The Commission received a total of 44 contacts since the last report was prepared for the June 10, 2021, Commission meeting.
Thirteen contacts were related to telecommunication services, 12 contacts were related to electric services, two contacts were related to natural gas services, one contact was related to gas and electric services, four contacts were related to wireless services, five contacts were related to the Do Not Call Registry, one contact was related to wind energy, five contacts were related to issues not regulated by the PUC and one contact was referred to One Call.
954 of the 972 contacts received in 2021 have been resolved.
Telecommunications
1. TC21-021 In the Matter of the Filing by Metropolitan Telecommunications of South Dakota, Inc. dba MetTel for Approval of Revisions to its Access Services Tariff No. 3 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Mr. Pat Finnegan, Metropolitan Telecommunications of South Dakota, Inc. dba MetTel (MetTel), asked that the Commission approve the requested tariff changes. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve MetTel’s request.
Commissioner Fiegen moved to approve the requested tariff changes.Motion carried 3-0.
2. TC21-023 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Nebraska Technology and Telecommunications Inc. for the State of South Dakota (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the amendment to the interconnection agreement. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve the request.
Commissioner Fiegen moved to approve the amendment to the interconnection agreement.Motion carried 3-0.
3. TC21-025 In the Matter of the Filing of Intrado Communications, LLC for Approval of Its Access Services Tariff No. 2 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Ms. Connie Wightman, Inteserra Consulting Group Inc. representing Intrado Communications, LLC, asked that the Commission approve the proposed Access Service Tariff No. 2. Mr. Eric Paulson, staff analyst, recommended the Commission approve Intrado Communications, LLC’s request with an effective date of June 22, 2021.
Commissioner Hanson moved to approve the proposed Access Services Tariff No. 2.Motion carried 3-0.
4. TC21-028 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Midcontinent Communications 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. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve CenturyLink’s request.
Commissioner Fiegen moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
5. TC21-029 In the Matter of the Filing of Qwest Corporation dba CenturyLink QC for Approval of Revisions to Its Access Service Tariff (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the requested tariff changes. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve the request.
Commissioner Fiegen moved to approve the requested tariff changes.Motion carried 3-0.
6. TC21-033 In the Matter of the Approval of Resale Forbearance Amendment to the Resale Agreement between Qwest Corporation dba CenturyLink QC and InTTec, Inc. 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 resale agreement. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve CenturyLink’s request.
Commissioner Fiegen moved to approve the amendment to the resale agreement.Motion carried 3-0.
7. TC21-035 In the Matter of the Filing by Local Exchange Carriers Association for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Darla Pollman Rogers, Riter Rogers, LLP representing the Local Exchange Carriers Association (LECA), asked that the Commission approve the requested tariff changes. Ms. Brittany Mehlhaff, staff analyst recommended that the Commission approve LECA’s request.
Commissioner Nelson moved to approve the requested tariff changes.Motion carried 3-0.
Complaint
1. CE21-001 In the Matter of the Complaint filed by Ann Marie Jordan, against Historic Log Cabins, Hot Springs, SD Regarding an Electric Service Dispute (Consumer Affairs Manager: Deb Gregg; Staff Analyst: Patrick Steffensen: Staff Attorneys: Kristen Edwards, Amanda Reiss)
Ms. Kristen Edwards, staff attorney, recommended that the Commission dismiss and close the docket. Ms. Ann Marie Jordan, representing herself, agreed with the recommendation.
Commissioner Hanson moved to dismiss and close the docket.Motion carried 3-0.
Electric
1. EL17-042 In the Matter of the Application of Otter Tail Power Company for an Energy Conversion Facility Permit for the Construction of a Combustion Turbine Generator and Associated Infrastructure Including a Natural Gas Pipeline and Electric Transmission Line near Astoria, South Dakota (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorneys: Kristen Edwards, Amanda Reiss)
Mr. Paul Tschetter, Boyce Law Firm LLP representing Otter Tail Power Company (Otter Tail), asked that the Commission grant Otter Tail’s motion for Release of Road and Public Infrastructure Restoration Bond. Ms. Amanda Reiss, staff attorney, recommended that the Commission approve the request.
Commissioner Nelson moved to grant Otter Tail’s Motion for Release of Road and Public Infrastructure Restoration Bond.Motion carried 3-0.
2. 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)
Ms. Kristen Edwards, staff attorney, asked that the Commission grant staff’s Motion for Procedural Schedule (Motion). Mr. Jason Keil, Black Hills Power, Inc., dba Black Hills Energy, and James Moore, Woods, Fuller, Shultz & Smith P.C. representing GenPro Energy Solutions, LLC, did not object to staff’s Motion.
Commissioner Fiegen moved to grant staff’s Motion for Procedural Schedule.Motion carried 3-0.
3. EL21-015 In the Matter of Otter Tail Power Company’s 2020 South Dakota Energy Efficiency Plan Status Report and 2021 Annual Filing to Update the Energy Efficiency Adjustment Rider (Staff Analyst: Patrick Steffensen, Staff Attorney: Kristen Edwards)
Mr. Jason Grenier, Otter Tail Power Company (Otter Tail), asked that the Commission approve Otter Tail’s 2020 Energy Efficiency Plan Status Report, the 2020 Financial Incentive of $209,700 and approve the proposal that the Energy Efficiency Adjustment Factor remain at $0.00195/kWh for July 2021 through June 2022. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve Otter Tail’s request.
Commissioner Hanson moved to approve Otter Tail Power Company’s 2020 Energy Efficiency Plan Status Report, the 2020 Financial Incentive of $209,700 and approve the proposal that the Energy Efficiency Adjustment Factor remain at $0.00195/kWh for July 2021 through June 2022.Motion carried 3-0.
Natural Gas
1. NG21-003 In the Matter of the Filing by MidAmerican Energy Company for Approval of Its 2020 Economic Development Activities and 2021 Proposed Budget (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Sam Wagner, MidAmerican Energy Company, asked that the Commission approve MidAmerican Energy Company’s 2020 Economic Development Activities and 2021 Proposed Budget. Mr. Eric Paulson, staff analyst, recommended that the Commission approve MidAmerican Energy Company’s request.
Commissioner Nelson moved to approve MidAmerican Energy Company’s 2020 Economic Development Activities and 2021 Proposed Budget. Motion carried 3-0.
There being no further business, at the hour of 10:06 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Macy Jo Murren .
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
June 22, 2021