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South Dakota Public Utilities Commission Meeting
December 21, 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 Commissioner: Gary Hanson; Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Amanda Reiss and Kristen Edwards; Staff Analysts: Brittany Mehlhaff, Eric Paulson, Darren Kearney and Patrick Steffensen; Grain Warehouse: Cody Chambliss, Paul Kenefick-Aschoff; Staff: Juli Hedrick.
Present were: Steve Kolbeck, Xcel Energy; Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing Buffalo Ridge II LLC; Kara Semmler, South Dakota Telecommunications Association.
Joining the meeting by telephone were Commissioner: Kristie Fiegen; Staff Analyst: Joseph Rezac; Consumer Affairs Manager: Deb Gregg; Jason Topp, Qwest Corporation dba CenturyLink QC; Josh Wurgler, Bantz, Gosch & Cremer, LLC, representing James Valley Cooperative Telephone Company; Patrick Mastel, Midcontinent Communications; Christopher Shaw, Benjamin Halama, Farah Mandich, Randall Oye, Matt Harris, Xcel Energy; James Moore, Woods, Fuller, Schultz, & Smith, P.C. representing Valley Queen Cheese Factory; Cary Stephenson, Otter Tail Power Company; Katelyn Lynch-Butcher, Cory Root, Renee White and Amanda Hosch, MidAmerican Energy Company; Luke Shaw, West Plains, LLC; Jeffrey Decker, NorthWestern Energy dba NorthWestern Energy; Carly Filler, Brightmark Full Circle RNG, LLC.
Consumer Reports
The Commission received a total of 47 contacts since the last report was prepared for the December 8, 2021, Commission meeting.
Eight contacts were related to telecommunications services, 13 contacts were related to electric services, seven contacts were related to natural gas services, one contact was related to wireless services, four contacts were related to the Do Not Call Registry, two contacts were related to carbon pipelines and 12 contacts were related to issues not regulated by the PUC.
1,872 of the 1,887 contacts received in 2021 have been resolved.
1. TC21-122 In the Matter of the Approval of an ICC VoIP 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)
Commissioner Nelson moved to approve the Amendment to the Interconnection Agreement. Motion carried 3-0.
2. TC21-123 In the Matter of the Approval of a Carrier Partner for Interconnected VoIP Provider 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, asked that the Commission approve the Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Midcontinent Communications for the State of South Dakota. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the request.
Commissioner Nelson moved to approve the Amendment to the Interconnection Agreement. Motion carried 3-0.
3. TC21-124 In the Matter of the Approval of the Petition for Arbitration of an Interconnection Agreement Between Midcontinent Communications and James Valley Cooperative Telephone Company (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Kristen Edwards, staff attorney, asked that the docket be deferred to a later meeting. Mr. Patrick Mastel, Midcontinent Communications, and Mr. Josh Wurgler, Bantz, Gosch & Cremer, LLC, representing James Valley Cooperative Telephone Company, agreed to the deferral.
Chairman Nelson deferred the docket to a later meeting.
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)
A lengthy discussion took place for docket EL08-031. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2021, December 21, 2021, recording located at: https://puc.sd.gov/commission/media/2021/puc12212021.mp3
Chairman Nelson deferred the docket to a later meeting.
2. EL21-028 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2022 Infrastructure Rider Project Eligibility and Factor Update (Staff Analysts: Patrick Steffensen, Eric Paulson; Staff Attorney: Kristen Edwards)
Commissioner Hanson moved to approve the proposed projects as eligible for recovery and approve the Infrastructure Rider Adjustment factor of $0.013361 per kWh and revised tariff sheet with an effective date of January 1, 2022. Motion carried 3-0.
3. EL21-032 In the Matter of Otter Tail Power Company’s Petition for Approval of Real Time Pricing Rider Tariff (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. James Moore, Woods, Fuller, Shultz, & Smith, P.C. representing Valley Queen Cheese Factory, Inc. (Valley Queen), asked that the Commission grant Valley Queen’s petition to intervene. Mr. Cary Stephenson, Otter Tail Power Company, did not oppose the request. Ms. Kristen Edwards, staff attorney, stated that staff did not object to the intervention.
Commissioner Fiegen moved to grant Valley Queen’s Petition for Intervention. Motion carried 3-0.
4. EL21-034 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Tariff Revisions regarding Additional Customer Signature Options (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Steve Kolbeck, Northern States Power Company dba Xcel Energy, requested the Commission approve the tariff revisions. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the tariff revisions with an effective date of January 1, 2022.
Commissioner Hanson approved the proposed tariff revisions. Motion carried 3-0.
Gas and Electric
1. GE21-001 In the Matter of Staff’s Request Regarding the February 2021 Cold Weather Event and Its Impact on Utility Fuel Clause Adjustments and Purchased Gas Adjustments (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorneys: Amanda Reiss and Kristen Edwards)
A lengthy discussion took place for docket GE21-001. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2021, December 21, 2021, recording located at: https://puc.sd.gov/commission/media/2021/puc12212021.mp3
Chairman Nelson deferred the docket to a later meeting.
Grain Warehouse
1. GW21-006 In the Matter of the PUC Staff’s Complaint Against West Plains, LLC For Violations of SDCL 49-45-1 (Grain Warehouse Program Manager: Cody Chambliss; Staff Attorney: Kristen Edwards)
Ms. Kristen Edwards, staff attorney, requested the Commission adopt the Settlement and impose a fine of $12,000.00 against West Plains, LLC. Mr. Luke Shaw, West Plains, LLC, did not object.
Commissioner Hanson moved to adopt the Settlement and impose a fine of $12,000.00. Motion carried 3-0.
Natural Gas
1. NG21-010 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Brightmark Mill Valley RNG LLC (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Jeffrey Decker, NorthWestern Corporation dba NorthWestern Energy (NorthWestern), requested that the Commission approve its contract with deviations with BrightMark Mill Valley RNG, LLC (BrightMark) and the associated tariff revisions with an effective date of December 21, 2021. Ms. Carly Filler, BrightMark Mill Valley RNG LLC, requested the Commission approve the request. Mr. Eric Paulson, staff analyst, recommended that the Commission approve the request with an effective date of December 21, 2021.
Commissioner Fiegen moved to approve NorthWestern Energy’s contract with deviations with BrightMark Mill Valley RNG, LLC and the associated tariff revisions with an effective date of December 21, 2021. Motion carried 3-0.
2. NG21-011 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with POET Biorefining - Mitchell, LLC (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Jeff Decker, NorthWestern Energy Corporation dba NorthWestern Energy (NorthWestern), asked that the Commission approve NorthWestern Energy’s contract with deviations with POET Biorefining - Mitchell, LLC and the associated tariff revisions with an effective date of January 1, 2022, on less than 30 days’ notice. Mr. Eric Paulson, staff analyst recommended that the Commission approve NorthWestern’s requests.
Commissioner Nelson moved to approve NorthWestern Energy’s contract with deviations with POET Biorefining - Mitchell, LLC and the associated tariff revisions with an effective date of January 1, 2022, on less than 30 days’ notice. Motion carried 3-0.
/s/ Janeth A. Merriman
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
December 21, 2021
