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South Dakota Public Utilities Commission Meeting
November 12, 2021, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Commissioner Chris Nelson called the meeting to order. Present were Commission Attorney: Adam de Hueck; Staff Attorney: Amanda Reiss; Staff Analysts: Patrick Steffensen, Brittany Mehlhaff; Grain Warehouse Manager: Cody Chambliss; Consumer Affairs Manager: Deb Gregg; Staff: Juli Hedrick; Caitlin Straabe, Tara Vesey, Joe Grieger, Garret Senger, and Darcy Neigum, Montana-Dakota Utilities Company; Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing Montana-Dakota Utilities Company and Middle Mile Infrastructure LLC.
Joining the meeting by telephone were Commissioners: Gary Hanson and Kristie Fiegen; Kavita Maini, KM Energy Consulting LLC representing PUC staff; Jeri Runions and Kirk Frecks, BK Commodities; Lynne Wolters, Otter Tail Power Company; Courtney DeThomas and Traci Biswese, Middle Mile Infrastructure LLC; Darla Rogers, Riter Rogers LLP representing Venture Vision Inc.; Fay Jandreau, Venture Vision Inc.; Travis Jacobson, Montana-Dakota Utilities Company.
Administration
1. Approval of the Minutes of the Commission Meeting Held on October 28, 2021 (Staff: Juli Hedrick)
Commissioner Fiegen moved to approve the Minutes of the Commission Meeting held on October 28, 2021. Motion carried 3-0.
Consumer Reports
The Commission received a total of 58 contacts since the last report was prepared for the October 28, 2021, Commission meeting.
Twenty-two contacts were related to telecommunications services, 12 contacts were related to electric services, six contacts were related to natural gas services, three contacts were related to wireless services, five contacts were related to the Do Not Call Registry, one contact was related to carbon pipelines, two contacts were related to the Grain Warehouse program and seven contacts were related to issues not regulated by the PUC.
1,713 of the 1,731 contacts received in 2021 have been resolved.
Telecommunications
1. TC21-111 In the Matter of the Application of Middle Mile Infrastructure, LLC for a Certificate of Authority for Interexchange Service in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing Middle Mile Infrastructure, LLC (MMI), requested the Commission approve the Certificate of Authority for Interexchange Service in the State of South Dakota for MMI. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve the request subject to the condition that MMI not offer any prepaid services, including prepaid calling cards, and does not accept or require any deposits or advance payments, for retail purposes, without prior approval of the Commission.
Commissioner Fiegen moved to grant Middle Mile Infrastructure, LLC’s request for a Certificate of Authority to provide interexchange services in South Dakota subject to the condition that MMI not offer any prepaid services, including prepaid calling cards, and does not accept or require any deposits or advance payments, for retail purposes, without prior approval of the Commission. Motion carried 3-0.
2. TC21-114 In the Matter of the Application by Venture Vision, Inc. for Approval of a Certificate of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Ms. Darla Rogers, Riter Rogers, LLP representing Venture Vision Inc. (Venture Vision), requested the Commission approve a Certificate of Authority for Local Exchange and Interexchange Service in the State of South Dakota for Venture Vision. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve the request subject to the condition that Venture Vision not offer any prepaid services, including prepaid calling cards, and does not accept or require any deposits or advance payments, for retail purposes, without prior approval of the Commission and that Venture Vision be subject to rural safeguards.
Commissioner Nelson moved to grant Venture Vision, Inc.’s request for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota subject to the condition that Venture Vision not offer any prepaid services, including prepaid calling cards, and does not accept or require any deposits or advance payments, for retail purposes, without prior approval of the Commission and that Venture Vision be subject to rural safeguards. Motion carried 3-0.
Electric
1. EL21-007 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Infrastructure Rider Rate (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)
A lengthy discussion took place for docket EL21-007. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2021, November 12, 2021, Recording located at: https://puc.sd.gov/commission/media/2021/puc11122021.mp3
Commissioner Hanson moved to approve MDU’s proposed Lewis and Clark Regulatory Asset Recovery. Motion carried 3-0.
2. EL21-031 In the Matter of the Petition of Otter Tail Power Company for Approval of the Transmission Cost Recovery Rider Rate (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Brittany Mehlhaff, staff analyst, requested 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. Ms. Lynne Wolters, Otter Tail Power Company, did not object to the request.
Commissioner Fiegen 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.
Grain Warehouse
1. GW21-005 In the Matter of the Request for Approval of a Settlement Stipulation Regarding Violations of SDCL 49-45 (Grain Warehouse Program Manager: Cody Chambliss; Staff Attorney: Kristen Edwards)
Ms. Amanda Reiss, staff attorney, requested the Commission adopt the agreed upon stipulation and settlement. Ms. Jeri Runions and Mr. Kirk Frecks, BK Commodities, agreed with Staff’s recommendation.
Commissioner Nelson moved to adopt the Stipulation and Settlement. Motion carried 3-0.
There being no further business, at the hour of 10:19 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Juli Hedrick .
Juli Hedrick
Administrative Specialist
puc@state.sd.us
November 12, 2021
