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South Dakota Public Utilities Commission Meeting
August 30, 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: Amanda Reiss and Kristen Edwards; Staff Analysts: Brittany Mehlhaff, Jon Thurber and Darren Kearney; Grain Warehouse Manager: Cody Chambliss; Staff: Mikayla Frick.
Present were: Darla Pollman Rogers, Riter Rogers, LLP representing Clarity Telecom, LLC dba Bluepeak Fiber; Daryl Elcock, Clarity Telecom, LLC dba Bluepeak Fiber; Amber Christenson; Linda and Tim Lindgren and John Schmidt.
Joining the meeting by telephone were Staff Analysts: Joseph Rezac and Eric Paulson; Consumer Affairs Staff: Deb Gregg; Jason Topp, Qwest Corporation dba CenturyLink QC; Carolyn Hadden and Eric Fligel, Clarity Telecom, LLC dba Bluepeak Fiber; John Boike, JSI, representing Clarity Telecom, LLC dba Bluepeak Fiber; Miles Schumacher, Richard Lampeter, Brian Murphy and Ryan Haac, Crowned Ridge Wind, LLC; Mark Gerlach, Patrick Flowers, Jamin Bridge and Steven Kolbeck, Northern States Power Company dba Xcel Energy; David Hessler, Hessler Associates, representing, South Dakota PUC Staff; Stuart Tommerdahl, Paula Foster, Otter Tail Power Company; Julie Dvorak, Siegel, Barnett & Schuetz, representing South Dakota Hutterian Co-operative of Aberdeen, South Dakota; Katelyn Lynch-Butcher and Sam Wagner, MidAmerican Energy Company; R. Shawn Tornow, Tornow Law Office, P.C., representing Allen Robish; Greg Wall and Steven Greber.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 77 contacts since the last report was prepared for the August 18, 2022, Commission meeting.
Five contacts were related to telecommunications services, 51 contacts were related to electric services, four contacts were related to natural gas services, four contacts were related to wireless services, two contacts were related to the Do Not Call Registry, one contact was related to carbon pipelines, five contacts were referred to One Call and five contacts were related to issues not regulated by the PUC.
1,138 of the 1,157 contacts received in 2022 have been resolved.
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC22-044 and TC22-045
TC22-044 In the Matter of the Request of Qwest Corporation dba CenturyLink QC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 395145) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support.
TC22-045 In the Matter of the Request of Clarity Telecom, LLC dba Bluepeak Fiber for Certification Regarding Its Use of Federal Universal Service Support (Study Area: ILEC–391652 and CLEC–399006) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Clarity Telecom, LLC dba Bluepeak Fiber requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support.
Commissioner Nelson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in each of the above dockets. 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, 2022, August 30, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc08302022.mp3
Commissioner Nelson moved to Deny the Motion to Require a Sound Study of Crowned Ridge Wind, LLC for the Fall of 2022. Motion carried 3-0.
2. EL19-027 In the Matter of the Application by Crowned Ridge Wind II, LLC for a Permit of a Wind Energy Facility in Deuel, 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 EL19-027. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, August 30, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc08302022.mp3
The Commission took no action on docket EL19-027, since Crowned Ridge Wind II, LLC voluntarily agreed to complete an additional round of sound testing.
3. EL22-013 In the Matter of Otter Tail Power Company’s Petition for Approval of Phase-In Rider Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Stuart Tommerdahl, Otter Tail Power Company, asked that the Commission approve the proposed Phase-In Rider Rates and revised tariff sheets with an effective date of September 1, 2022. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve Otter Tail Power Company’s request.
Commissioner Fiegen moved to approve Otter Tail Power Company’s Phase-In Rider Rates and revised tariff sheets with an effective date of September 1, 2022.Motion carried 3-0.
Grain Warehouse
1. GW22-006 In the Matter of the PUC Staff’s Complaint Against South Dakota Hutterian Co-Operative of Aberdeen, South Dakota (Grain Warehouse Manager: Cody Chambliss; Staff Attorney: Kristen Edwards)
Ms. Julie Dvorak representing South Dakota Hutterian Co-operative (Co-opperative) requested the Commission grant a waiver of the requirement to provide reviewed or audited financial statements pursuant to ARSD 20:10:12:14 for the purpose of obtaining a grain buyer license. Ms. Dvorak requested the waiver be permanent or until such time as the Commission otherwise orders. Ms. Kristen Edwards, staff attorney, recommended granting the waiver for a period of 90 days.
Commissioner Nelson moved to grant Hutterian Co-Operative’s request for a waiver of ARSD 20:10:12:14 until July 1, 2023.Motion carried 3-0.
Natural Gas
1. NG22-007 In the Matter of the Filing by MidAmerican Energy Company for Approval of Its 2021 Economic Development Activities and 2022 Proposed Budget (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Ms. Katelyn Lynch-Butcher and Mr. Sam Wagner, MidAmerican Energy Company, asked that the Commission approve the proposed 2021 Economic Development Activities and 2022 Proposed Budget. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve MidAmerican Energy Company’s request.
Commissioner Hanson moved to approve MidAmerican Energy Company’s 2021 Economic Development Activities and 2022 Proposed Budget.Motion carried 3-0.
Public Comment
Mr. John Schmidt made public comments about climate change. Ms. Amber Christenson made public comments regarding the process of filing a complaint with the PUC. Ms. Linda and Mr. Tim Lindgren made public comments regarding wind turbines around their property.
There being no further business, at the hour of 11:59 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
August 30, 2022
