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South Dakota Public Utilities Commission Meeting
September 27, 2022, 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: Kristen Edwards; Staff Analysts: Brittany Mehlhaff, Eric Paulson, Joseph Rezac, Darren Kearney, and Jon Thurber; Grain Warehouse Manager: Cody Chambliss; Consumer Affairs Staff Deb Gregg; Staff Mikayla Frick.
Also present were Aaron Scheibe, North Bend Wind Project, LLC; Bradley Schardin, Southeastern Electric Cooperative; Ellie Bailey, Riter Rogers LLP, representing South Dakota Telecommunications Association.
Joining the meeting by telephone were Staff Attorney: Amanda Reiss; Staff Analyst: Patrick Steffensen; Lance Steinhart and Henry Do, AirVoice Wireless, LLC dba AirTalk Wireless; Jason Topp, Qwest Corporation dba CenturyLink QC; Steven Kolbeck and Mark Gerlach, Northern States Power Company dba Xcel Energy; Travis Jacobson, Bruce Brekke, Stephanie Bosch and Caitlin Straabe, Montana-Dakota Utilities Co.; Jesse Sorenson, Black Hills Electric Cooperative, Inc.; Matthew Schmahl, West River Electric Cooperative; Brian Bultje, Central Electric Cooperative, Inc.; Julie Dvorak, Siegel Barnett & Schuetz, representing South Dakota Hutterian Co-operative of Aberdeen, South Dakota; Jeffrey Decker; NorthWestern Energy; Carey Roesel, Inteserra Consulting Group representing Onvoy, LLC; Amber Christenson and Steve Wegman.
Consumer Reports
- Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 104 contacts since the last report was prepared for the September 13, 2022, Commission meeting.
Fourteen contacts were related to telecommunications services, 49 contacts were related to electric services, five contacts were related to natural gas services, six contacts were related to wireless services, eight contacts were related to the Do Not Call Registry, three contacts were related to carbon pipelines, two contacts were related to wind energy, one contact was referred to the grain warehouse program and 16 contacts were related to issues not regulated by the PUC.
1,279 of the 1,301 contacts received in 2022 have been resolved.
Telecommunications
1. TC22-009 In the Matter of the Petition of AirVoice Wireless, LLC dba AirTalk Wireless for Designation as an Eligible Telecommunications Carrier in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket TC22-009. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, September 27, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc09272022.mp3
Chairman Nelson deferred the docket to a later meeting.
2. TC22-050 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. Carey Roesel, Inteserra Consulting Group representing Onvoy, LLC, requested the Commission approve the tariff revisions. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the company’s request with an effective date of August 2, 2022.
Commissioner Fiegen moved to approve the tariff revisions with an effective date of August 2, 2022. Motion carried 3-0.
3. TC22-053 In the Matter of the Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Metropolitan Telecommunications of South Dakota Inc. for the State of South Dakota (Staff Analyst: Brittany Mehlhaff: Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, requested the Commission approve the amendment to the interconnection agreement between CenturyLink and Metropolitan Telecommunications of South Dakota Inc.
Commissioner Nelson moved to approve the amendment to the interconnection agreement.Motion carried 3-0.
4. TC22-054 In the Matter of the Approval of an Unbundled Network Elements (UNEs) - Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Metropolitan Telecommunications of South Dakota Inc. for the State of South Dakota (Staff Analyst: Brittany Mehlhaff: Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, requested the Commission approve the forbearance amendment to the interconnection agreement between CenturyLink and Metropolitan Telecommunications of South Dakota Inc.
Commissioner Nelson moved to approve the forbearance amendment to the interconnection agreement.Motion carried 3-0.
5. TC22-055 In the Matter of the Application of BIF IV Intrepid OpCo LLC for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Ellie Bailey, Riter Rogers LLP, representing South Dakota Telecommunications Association (SDTA), asked that the Commission grant intervention to SDTA. Ms. Amanda Reiss, staff attorney, recommended that the Commission grant intervention.
Commissioner Hanson moved to grant intervention to SDTA. Motion carried 3-0.
Electric
1. 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)
Ms. Amanda Reiss, staff attorney, requested that the Commission grant the executive director authority to enter into a consulting contract for the purpose of overseeing and independently reviewing the results of a sound study to be conducted by Crowned Ridge Wind II, LLC. No party objected to staff’s request. In response to questions from the Commission, staff explained that the expense would be charged back to Xcel Energy, as the owner of the wind energy facility, and would ultimately be passed on to Xcel’s customers.
Commissioner Hanson moved to grant the executive director authority to enter a consulting contract. Motion carried 2-1. Commissioner Fiegen dissenting.
2. EL21-018 In the Matter of the Application by North Bend Wind Project, LLC for a Permit to Construct and Operate the North Bend Wind Project in Hyde County and Hughes County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
Mr. Aaron Scheibe, North Bend Wind Project, LLC, requested the Commission grant the joint stipulation and motion to adopt second revised procedural schedule. Ms. Amanda Reiss, staff attorney, recommended the Commission grant the request.
Commissioner Fiegen moved to grant the Joint Stipulation and Motion to Adopt Second Revised Procedural Schedule. Motion carried 3-0.
3. EL22-014 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval to Revise Residential Electric Dual Fuel Space Heating Service Rate 53 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Ms. Stephanie Bosch, Montana-Dakota Utilities Co. (MDU), asked that the Commission grant MDU’s request to remove three tariff provisions relating to interruption of service from the Rate 53 tariff. Mr. Eric Paulson, staff analyst, recommended the Commission deny MDU’s request for reasons outlined in the Staff Memorandum filed in the docket. A lengthy discussion took place for docket EL22-014. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, September 27, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc09272022.mp3
Commissioner Nelson moved to approve the tariff revisions. Motion failed 1-2. Commissioner Fiegen and Commissioner Hanson dissenting.
Commissioner Fiegen moved to deny the tariff revisions. Motion carried 2-1. Commissioner Nelson dissenting.
4. EL22-017 In the Matter of the Application of Northern States Power Company dba Xcel Energy for Authority to Increase its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Steve Wegman asked that the Commission grant his request for intervention. Mr. Steven Kolbeck, Northern States Power Company dba Xcel Energy, did not object to the intervention request. Ms. Amanda Reiss, staff attorney, stated staff had no objection to Mr. Wegman’s request to intervene.
Commissioner Hanson moved to grant intervention to Steve Wegman. Motion carried 3-0.
5. EL22-020 In the Matter of the Joint Request for Approval of an Amended Electric Service Territory Boundary Agreement between Black Hills Electric Cooperative, Inc. and West River Electric Cooperative (Staff Analyst: Darren Kearney, Staff Attorney: Amanda Reiss)
Mr. Jesse Sorenson, Black Hills Electric Cooperative, Inc., and Mr. Matt Schmahl, West River Electric Cooperative, requested the Commission approve the Amended Agreement between Black Hills Electric Cooperative, Inc. and West River Electric Cooperative. Mr. Darren Kearney, staff analyst, recommended the Commission approve the request.
Commissioner Nelson moved to approve the Amended Electric Service Territory Boundary Agreement between Black Hills Electric Cooperative, Inc. and West River Electric Association, Inc. Motion carried 3-0.
6. EL22-023 In the Matter of the Joint Request for Service Rights Exception between Southeastern Electric Cooperative, Inc. and Central Electric Cooperative, Inc. (Staff Attorney: Darren Kearney, Staff Analyst: Kristen Edwards)
Mr. Brian Bultje, Central Electric Cooperative, Inc., requested the Commission approve the requested service rights exception agreement between Southeastern Electric Cooperative, Inc. and Central Electric Cooperative, Inc. Mr. Darren Kearney, staff analyst, recommended the Commission approve the request.
Commissioner Fiegen moved to approve the Service Rights Exception Agreement between Southeastern Electric Cooperative, Inc. and Central Electric Cooperative, Inc. 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. Kristen Edwards, staff attorney, recommended the Commission approve the adopted settlement agreement. Ms. Julie Dvorak, Siegel Barnett & Schuetz, representing South Dakota Hutterian Co-Operative of Aberdeen, South Dakota requested the Commission approve the settlement request.
Commissioner Hanson moved to adopt the settlement agreement. Motion carried 3-0.
Natural Gas
1. NG22-008 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. Jeffrey Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the proposed tariff revisions with an effective date of October 1, 2022. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the request.
Commissioner Fiegen moved to approve the proposed tariff revisions effective October 1, 2022. Motion carried 3-0.
There being no further business, at the hour of 10:54 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
September 27, 2022
