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South Dakota Public Utilities Commission Meeting
March 29, 2022, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF COMMISSION HEARING
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 Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Brittany Mehlhaff, Eric Paulson and Patrick Steffensen; Grain Warehouse Staff: Paul Kenefick-Aschoff; Staff: Juli Hedrick.
Present was: Kara Semmler, representing South Dakota Telecommunications Association.
Joining the meeting by telephone were Consumer Affairs Staff: Deb Gregg Grain Warehouse Staff: Cody Chambliss; Josh Wurgler, Bantz, Gosch, & Cremer LLC, representing James Valley Cooperative Telephone Company.; Patrick Mastel, Midcontinent Communications; Jorge Perea, Torch Wireless; Svetlana Fedje, Cary Stephenson and Bryce Haugen, Otter Tail Power Company; Kyle Komata, Mike Pogany, Jason Keil, Matthew Koupal, Leland Pfeifer and Marsha Nichols, Black Hills Power Inc. dba Black Hills Energy; Jay Dorrier, Atlantic Grain & Trade LLC.
Administration
1. Approval of the Minutes of the Commission Meetings Held on March 4 and 15, 2022 (Staff: Janeth Merriman)
Commissioner Fiegen moved to approve the Minutes of the Commission Meetings held on March 4, 2022, and March 15, 2022. Motion carried 3-0.
Consumer Reports
- Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 68 contacts since the last report was prepared for the March 15, 2022, Commission meeting.
Five contacts were related to telecommunications services, 11 contacts were related to electric services, three contacts were related to wireless services, three contacts were related to natural gas services, one contact was related to gas and electric services, six contacts were related to the Do Not Call Registry, 24 contacts were related to carbon pipelines, three contacts were related to the Keystone XL Pipeline, three contacts were referred to One Call and nine contacts were related to issues not regulated by the PUC.
400 of the 413 contacts received in 2022 have been resolved.
Telecommunications
1. 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)
Staff requested an arbitration hearing be set for May 24-25, 2022, and a filing fee be ordered and billed monthly. Representatives for James Valley Cooperative Telephone Company and Midcontinent Communications agreed.
Commissioner Nelson moved to establish a procedural schedule in accordance with Midcontinent’s January 18, 2022, letter, with an evidentiary hearing on May 24-25, 2022. Motion carried 3-0.
Commissioner Nelson moved to assess a filing fee pursuant to SDCL 49-31-44, to be billed monthly as expenses accrue divided equally between Midcontinent and James Valley. Motion carried 3-0.
2. TC22-005 In the Matter of the Application of Torch Wireless for Designation as an Eligible Telecommunications Carrier for Purposes of Lifeline Only in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Mr. Jorge Perea, Torch Wireless, requested the Commission approve the Petition to Dismiss the docket without prejudice. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the company’s request.
Commissioner Fiegen moved to grant Torch Wireless’ Petition to Dismiss the docket without prejudice. Motion carried 3-0.
Electric
1. EL22-001 In the Matter of the Filing by Otter Tail Power Company for Approval of Tariff Revisions to Its Rates for Small Power Production and Cogeneration (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Ms. Svetlana Fedje, Otter Tail Power Company (Otter Tail) requested the Commission approve Otter Tail’s proposed tariff revisions for its Small Power Production and Cogeneration for Qualifying Facilities. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the tariff revisions with an effective date of April 1, 2022.
Commissioner Hanson moved to approve the proposed revisions to Otter Tail Power Company’s rates for Small Power Production and Cogeneration for Qualifying Facilities and revised tariff sheets with an effective date of April 1, 2022. Motion carried 3-0.
2. EL22-002 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval to Provide a Light Emitting Diode (LED) Option for Street Lighting Service Customers (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Kyle Komata, Black Hills Power, Inc. dba Black Hills Energy, requested the Commission approve the tariff revisions with an effective date of April 1, 2022. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request.
Commissioner Fiegen moved to approve the tariff revisions with an effective date of April 1, 2022. Motion carried 3-0.
3. EL22-005 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval of Its 2021 Economic Development Report and 2022 Economic Development Plan (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Leland Pfeifer and Ms. Marsha Nichols, Black Hills Power Inc. dba Black Hills Energy requested the Commission approve the 2021 Economic Development Report and the 2022 Economic Development Plan. Mr. Eric Paulson, staff analyst, recommended the Commission approve the requests.
Commissioner Hanson moved to approve Black Hills Power, Inc. dba Black Hills Energy’s 2021 Economic Development Report and its 2022 Economic Development Plan. Motion carried 3-0.
Grain Warehouse
1. GW22-003 In the Matter of the Settlement Agreement with Atlantic Grain & Trade, LLC (Grain Warehouse Program Manager: Cody Chambliss; Staff Attorney: Kristen Edwards)
Ms. Kristen Edwards, staff attorney, requested the Commission moved to adopt the Settlement Agreement and impose a fine of $10,000 against Atlantic Grain & Trade, LLC. Mr. Jay Dorrier, Atlantic Grain & Trade, LLC, agreed with the request of staff.
Commissioner Hanson moved to adopt the Settlement Agreement and impose a fine of $7,500 against Atlantic Grain & Trade, LLC. Commissioner Nelson moved a substitute motion to adopt the Settlement Agreement and impose a fine of $10,000 against Atlantic Grain & Trade, LLC. Motion carried 3-0.
There being no further business, at the hour of 10:22 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
March 29, 2022
