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South Dakota Public Utilities Commission Meeting
September 28, 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 Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorney: Amanda Reiss; Staff Analysts: Joseph Rezac, Darren Kearney, Brittany Mehlhaff and Patrick Steffensen; Staff: Juli Hedrick; Kara Semmler, South Dakota Telecommunications Association; Chris Larson, Clay-Union Electric Corporation; Bruce Rew, Southwest Power Pool; Darla Pollman Rogers, Riter Rogers, LLP representing South Dakota Rural Electric Association and Clarity Telecom, LLC dba Vast Broadband; Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing Buffalo Ridge II LLC; and Bob Mercer, KELOland News.
Joining the meeting by telephone were Staff Attorney: Kristen Edwards; Gene DeJordy, Dakelyn Consulting representing North American Local, LLC; Meredith Moore, Cutler Law Firm representing Cable One VoIP LLC dba Sparklight; Andrew Gipson, Jones Walker LLP representing Boomerang Wireless, LLC dba enTouch Wireless; Diane Votino and Katelyn Lynch-Butcher, MidAmerican Energy Company; Brent Matter, City of Vermillion; and Jeffrey Decker, NorthWestern Corporation dba NorthWestern Energy.
Administration
1. Approval of the Minutes of the Commission Meeting Held on September 14, 2021 (Staff: Macy Jo Murren)
Commissioner Fiegen moved to approve the Minutes of the Commission Meeting held on September 14, 2021. Motion carried 3-0.
Consumer Reports
The Commission received a total of 99 contacts since the last report was prepared for the September 14, 2021, Commission meeting.
Twenty-two contacts were related to telecommunications services, 25 contacts were related to electric services, five contacts were related to natural gas services, 17 contacts were related to wireless services, six contacts were related to the Do Not Call Registry, four contacts were related to wind energy, two contacts were referred to One Call and 18 contacts were related to issues not regulated by the PUC.
1,485 of the 1,536 contacts received in 2021 have been resolved.
Telecommunications
1. TC19-009 In the Matter of the Petition of North American Local, LLC for Designation as an Eligible Telecommunications Carrier in the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket TC19-009. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2021, September 28, 2021, recording located at: https://puc.sd.gov/commission/media/2021/puc09282021.mp3
2. TC21-081 In the Matter of the Application of Cable One VoIP LLC dba Sparklight for Designation as an Eligible Telecommunications Carrier to Receive Federal Lifeline Support (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Ms. Meredith Moore, Cutler Law Firm representing Cable One VoIP LLC dba Sparklight, asked to withdraw the application and close the docket. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the request to withdraw the application and close the docket.
Commissioner Fiegen moved to dismiss the application and close the docket. Motion carried 3-0.
3. TC21-093 In the Matter of the Filing by Clarity Telecom, LLC dba Vast Broadband for Approval of Revisions to Vast Broadband fka Knology of the Plains’ South Dakota Access Tariff No. 3 and Vast Broadband fka Knology of the Black Hills, LLC’s South Dakota Access Services Tariff No. 2 (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Ms. Darla Pollman Rogers, Riter Rogers, LLP representing Clarity Telecom, LLC dba Vast Broadband, asked that the Commission approve the proposed tariff revisions. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the request with an effective date of July 1, 2021.
Commissioner Nelson moved to approve the proposed tariff revisions with an effective date of July 1, 2021. Motion carried 3-0.
4. TC21-097 In the Matter of the Filing by South Dakota Network, LLC for Approval of Revisions to Its Access Service Tariff No. 2 (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Ms. Darla Pollman Rogers, Riter, Rogers LLP representing South Dakota Network, LLC asked that the Commission approve the proposed tariff revisions. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the request with an effective date of July 1, 2021.
Commissioner Nelson moved to approve the proposed tariff revisions with an effective date of July 1, 2021.Motion carried 3-0.
5. TC21-106 In the Matter of the Filing of Onvoy, LLC for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the request with an effective date of August 3, 2021.
Commissioner Fiegen moved to approve the proposed tariff revisions with an effective date of August 3, 2021.Motion carried 3-0.
Electric
1. EL08-031 In the Matter of the Application by Buffalo Ridge II LLC a Subsidiary of Iberdrola Renewables, Inc., for an Energy Conversion Facility Permit for the Construction of the Buffalo Ridge II Wind Farm and Associated Collection Substation and Electric Interconnection System. (Staff Analyst: Darren Kearney; Staff Attorney: Amanda Reiss)
Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing Buffalo Ridge II LLC, asked that the Commission grant the Amended Joint Motion for Approval of Decommissioning Plan and Stipulation of Financial Assurance. Ms. Amanda Reiss, staff attorney, recommended that the Commission approve the request.
Commissioner Hanson moved to grant the Amended Joint Motion for Approval of Decommissioning Plan and Stipulation of Financial Assurance.Motion carried 3-0.
2. EL21-024 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Katelyn Lynch-Butcher, MidAmerican Energy Company, asked that the Commission approve MidAmerican’s tariff revisions with an effective date of September 30, 2021. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve the tariff revisions with an effective date of September 30, 2021, including the revisions filed on September 9, 2021.
Commissioner Fiegen moved to approve MidAmerican’s tariff revisions with an effective date of September 30, 2021.Motion carried 3-0.
3. EL21-026 In the Matter of the Agreement between the City of Vermillion and Clay Union Electric Corporation for Transfer of Annexed Service Territory (Staff Analyst: Darren Kearney; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, recommended that the Commission close the docket. Mr. Brett Matter, City of Vermillion, and Mr. Chris Larson, Clay-Union Electric Corporation, did not object to the Commission closing the docket.
Commissioner Nelson moved to close the docket.Motion carried 3-0.
Natural Gas
1. NG21-006 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Katelyn Lynch-Butcher, MidAmerican Energy Company, asked that the Commission approve MidAmerican’s tariff revisions with an effective date of September 30, 2021. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve the tariff revisions with an effective date of September 30, 2021, including the revisions filed on September 9, 2021.
Commissioner Fiegen moved to approve MidAmerican’s tariff revisions with an effective date of September 30, 2021.Motion carried 3-0.
2. NG21-007 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of its Gas Transportation Tariff Revisions Regarding Fuel Retention Percentage (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, asked that the Commission approve the proposed tariff revisions effective October 1, 2021. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve the request.
Commissioner Fiegen moved to approve the proposed tariff revisions effective October 1, 2021.Motion carried 3-0.
There being no further business, at the hour of 10:27 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
September 28, 2021
