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South Dakota Public Utilities Commission Meeting
September 14, 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: Kristie Fiegen; Commission Attorneys: Karen Cremer and Adam de Hueck; Staff Attorneys: Amanda Reiss and Kristen Edwards; Staff Analysts: Darren Kearney, Brittany Mehlhaff and Eric Paulson; Staff: Juli Hedrick; Pam Bonrud, NorthWestern Corporation dba NorthWestern Energy; Darla Pollman Rogers, Riter Rogers, LLP representing South Dakota Rural Electric Association; Bill Van Camp, Olinger, Lovald, McCahren & Van Camp, PC representing South Dakota Municipal Electric Association; Steve Willard, Willard & Associates, Inc. representing South Dakota Electric Utility Companies; Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing North Bend Wind Project, LLC and South Dakota Electric Utility Companies; and Bob Mercer, KELOLAND News.
Joining the meeting by telephone were Commissioner: Gary Hanson; Commission Advisor: Greg Rislov; Staff Analysts: Jon Thurber and Patrick Steffensen; Kara Semmler, South Dakota Telecommunications Association; Jason Sutton, Boyce Law Firm, LLP representing LTD Broadband LLC; Jason Topp, Qwest Corporation dba CenturyLink QC; R. Shawn Tornow, Tornow Law Office PC representing Allen Robish; Miles Schumacher, Lynn, Jackson, Shultz and Lebrun, PC representing Crowned Ridge Wind, LLC; Amber Christenson, self; Jim Malters, Malters, Sheperd & Von Holtum Law Office representing Tumbleweed Lodge, Bollweg Family LLLP, Judi and Michael Bollweg; Steve Kolbeck, Northern States Power dba Xcel Energy; Jeff Decker, NorthWestern Corporation dba NorthWestern Energy; Jenny Monson-Miller and James Simons, Crocker Wind Farm LLC; and Mollie Smith, Fredrikson & Byron PA, representing Crocker Wind Farm LLC.
Administration
1. Approval of the Minutes of the Commission Meetings Held on August 19 and 27, 2021 (Staff: Macy Jo Murren)
Commissioner Fiegen moved to approve the Minutes of the Commission Meetings held on August 19 and 27, 2021. Motion carried 3-0.
Consumer Reports
The Commission received a total of 91 contacts since the last report was prepared for the August 27, 2021, Commission meeting.
Twenty-one contacts were related to telecommunication services, 35 contacts were related to electric services, two contacts were related to natural gas services, three contacts were related to wireless services, six contacts were related to the Do Not Call Registry, two contacts were related to wind energy, two contacts were referred to One Call and 20 contacts were related to issues not regulated by the PUC.
1,418 of the 1,437 contacts received in 2021 have been resolved.
Telecommunications
1. TC21-001 In the Matter of the Application of LTD Broadband LLC for Designation as an Eligible Telecommunications Carrier for Purposes of Receiving Federal Universal Service Support (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Mr. Jason Sutton, Boyce Law Firm, LLP representing LTD Broadband LLC, asked that the Commission adopt the procedural schedule as filed by Staff. Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA), asked that the Commission adopt the Procedural Schedule. Ms. Amanda Reiss, staff attorney, recommended that the Commission adopt the procedural schedule as agreed to by LTD Broadband LLC, SDTA and Staff.
Commissioner Nelson moved to deny the motion for a prehearing conference and establish a procedural schedule, adopting the schedule that was filed by Staff. Motion carried 3-0.
2. TC21-087 In the Matter of the Batch Hot Cut Removal Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Teleport Communications America, LLC (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
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. TC21-088 In the Matter of the Batch Hot Cut Removal Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and AT&T Corporation (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
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.
4. TC21-107 In the Matter of the Approval of an Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Bandwidth.com CLEC, LLC for the State of South Dakota (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. 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.
5. TC21-108 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 Bandwidth.com CLEC, LLC for the State of South Dakota (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. 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.
6. TC21-109 In the Matter of the Approval of an Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and BCN Telecom, Inc. for the State of South Dakota (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. 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.
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, September 14, 2021, recording located at: https://puc.sd.gov/commission/media/2021/puc09142021.mp3.
Commissioner Nelson moved to reconsider the Commission’s Order Denying Motion to Amend Sound Study Mitigation Plan. Motion carried 3-0.
Commissioner Hanson moved to Amend the Sound Study Mitigation Plan to include a sound test location within 25 feet of Amber Christenson’s residence and that all turbines, including Crowned Ridge II turbines, within 1.75 miles of that location be included in the turbine on/off tests for the sound study. Motion carried 2-1. Commissioner Fiegen dissenting.
2. EL21-018 In the Matter of the Application by North Bend Wind Project, LLC for a Permit to Construct and Operate the North Bend Wind Project in Hyde County and Hughes County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing North Bend Wind Project, LLC had no objection to the requests for party status. Mr. Jim Malters, Malters, Sheperd & Von Holtum Law Office, representing Tumbleweed Lodge, Bollweg Family LLLP, Judi and Michael Bollweg, asked that the Commission approve party status. Ms. Amanda Reiss, staff attorney, recommended that the Commission grant party status to those who have filed.
Commissioner Fiegen moved to grant party status to those who have filed and not withdrawn. Motion carried 3-0.
3. EL21-025 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2022 Transmission Cost Recovery Eligibility and Rate Adjustment (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Ms. Kristen Edwards, staff attorney, asked that the Commission assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Mr. Steve Kolbeck, Northern States Power Company dba Xcel Energy, had no objection.
Commissioner Hanson moved to assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Motion carried 3-0.
Natural Gas
1. NG21-005 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Crystal Springs Feeds, LLC (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, asked that the Commission approve the contract with deviations with Crystal Springs Feeds, LLC and the associated tariff revisions. Mr. Eric Paulson, staff analyst, recommended that the Commission approve the request with an effective date of October 1, 2021.
Commissioner Nelson moved to approve NorthWestern Energy’s contract with deviations with Crystal Springs Feeds, LLC and the associated tariff revisions with an effective date of October 1, 2021. Motion carried 3-0.
ADDENDUM TO THE AGENDA OF THE COMMISSION MEETING
Electric
1. EL17-055 In the Matter of the Application by Crocker Wind Farm, LLC for a Permit of a Wind Energy Facility and a 345 kV Transmission Line in Clark County, South Dakota, for Crocker Wind Farm (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)
Ms. Mollie Smith, Crocker Wind Farm, LLC asked that the Commission grant Crocker’s Renewed Motion for Release of Road and Public Infrastructure Restoration Bond. Mr. Darren Kearney, staff analyst, recommended that the Commission approve Crocker Wind Farm, LLC’s request.
Commissioner Hanson moved to grant Crocker’s Renewed Motion for Release of Road and Public Infrastructure Restoration Bond. Motion carried 3-0.
Commission Discussion
Commissioner Hanson discussed the procedure in which the agency’s declaratory petitions and rulings are administered under the laws and regulations of the South Dakota Public Utilities Commission.
Public Comments
Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing South Dakota Electric Utility Companies; Darla Pollman Rogers, Riter Rogers, LLP, representing South Dakota Rural Electric Association; and Kara Semmler, South Dakota Telecommunications Association, made public comments.
There being no further business, at the hour of 10:36 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Macy Jo Murren .
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
September 14, 2021
