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South Dakota Public Utilities Commission Meeting
March 28, 2023, at 1:00 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF COMMISSION MEETING
Commission Chairperson Kristie Fiegen called the meeting to order. Present were Commissioner Chris Nelson; Commission Attorney Adam de Hueck; Commission Advisor Greg Rislov; Staff Attorneys Kristen Edwards and Amanda Reiss; Staff Analysts Darren Kearney, Brittany Mehlhaff, Eric Paulson, Joseph Rezac, Patrick Steffensen and Jon Thurber; Grain Warehouse Manager Cody Chambliss; Grain Warehouse Inspector Paul Kenefick-Aschoff; and Staff Mikayla Frick.
Also present were Kara Semmler, South Dakota Telecommunications Association; Blake Groen, Amanda Hosch, Gretchen Kraemer, Nick Nation, Arick Sears and Stephen Stratton, MidAmerican Energy Co.; Jan and Rick Banghart, Banghart Properties; Robert Konrad, Konrad Law Prof. representing Banghart Properties; Kurt Flesner; Jeremy Frost; Jesse Frost; Austin Gross; Tim Luken; Adam Roseth; and Jeff Weinheimer.
Joining the meeting by telephone were Commissioner Gary Hanson; Consumer Affairs Manager Deb Gregg; Jason Topp, Qwest Corporation dba CenturyLink QC; James Groft and Jim Cremer, James Valley Wireless; Amber Christenson; R. Shawn Tornow, Tornow Law Office, representing Linda Lindgren and Timothy Lindgren; Brian Murphy and Miles Schumacher, Crowned Ridge Wind LLC; Svetlana Fedje, Bryce Haugen, Dave Prazak, Randy Synstelien and Cary Stephenson, Otter Tail Power Company; Brice Book, Lori Brockhouse, Seth Davison, Mark Hoogwerf, Brian Meyers, Stephanie Olsen, Aimee Rooney and Diane Votino, MidAmerican Energy Company; and Dave Peterson and Basil Copeland, Jr., representing PUC Staff.
(Note): For the purpose of continuity, these minutes match the agenda and are not necessarily in chronological order.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, March 28, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc03282023.mp3.
Administration
1. Approval of the Minutes of the Commission Meetings Held on February 28 and March 14, 2023 (Deputy Executive Director: Leah Mohr)
Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on February 28 and March 14, 2023. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 49 contacts since the last report was prepared for the March 14, 2023, Commission meeting.
Six contacts were related to telecommunications services, 23 contacts were related to electric services, two contacts were related to natural gas services, one contact was related to gas and electric services, one contact was related to wireless services, one contact was related to the Do Not Call Registry, one contact was related to carbon pipelines, one contact was related to wind energy and 12 contacts were related to issues not regulated by the PUC. One contact was referred to South Dakota One Call.
1,728 of the 1,729 contacts received in 2022 have been resolved.
298 of the 317 contacts received in 2023 have been resolved.
Telecommunications
1. TC23-003 In the Matter of the Approval of the Type 2 Wireless Interconnection Agreement between Qwest Corporation dba CenturyLink QC and James Valley Wireless, LLC (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), asked that the Commission approve the interconnection agreement between CenturyLink and James Valley Wireless, LLC. Mr. Jim Cremer, James Valley Wireless supported the request. Ms. Kristen Edwards, staff attorney, recommended that the Commission approve CenturyLink’s request.
Commissioner Nelson moved to approve the Interconnection Agreement. Motion carried 3-0.
2. TC23-004 In the Matter of SDTA’s Petition for Waiver of Filing Deadline for the Commission’s Annual USF Certification Process (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Ms. Kara Semmler, South Dakota Telecommunications Association, requested the Commission waive the filing deadline as found in ARSD 20:10:32:52 and establish a deadline of July 1, 2023, for annual eligible telecommunications carrier (ETC) certification filings. Mr. Joseph Rezac, staff analyst, indicated that staff has no objection to the Commission approving the waiver.
Commissioner Fiegen moved to waive the filing deadline as found in ARSD 20:10:32:52 and establish a deadline of July 1, 2023, for annual ETC certification filings.Motion carried 3-0.
Complaint
1. CE22-001 In the Matter of the Complaint filed by Amber Christenson, Linda Lindgren and Timothy Lindgren against Crowned Ridge Wind LLC regarding Project Sound Level Compliance (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)
A lengthy discussion took place for docket CE22-001. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, March 28, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc03282023.mp3.
Commissioner Nelson moved to grant Crowned Ridge’s Request for a Proposed Procedural Schedule and directed commission counsel to work with the parties to develop a Procedural Schedule by the next meeting. Motion carried, 2-1. Commissioner Hanson dissenting.
Commissioner Nelson moved to grantCrowned Ridge’s request for an extension of time pursuant to ARSD 20:10:01:14 to respond to Complainant Christenson’s First Data Request until a procedural schedule has been established. Motion carried 3-0.
Commissioner Nelson moved to grantCrowned Ridge’s Motion to Require Prefiled Testimony. Motion carried 3-0.
Electric
1. EL23-001 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, 2023.
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, 2023. Motion carried 3-0.
2. EL23-003 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions regarding Its 2022 Transmission Cost Recovery Reconciliation and 2023 Transmission Cost Recovery Factors (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Ms. Gretchen Kraemer, MidAmerican Energy Company, requested the Commission approve the revised Transmission Cost Recovery rate factors and revised tariff sheet with an effective date of March 31, 2023.Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request
Commissioner Fiegen moved to approve the tariff revisions and TCR rate factors with an effective date of March 31, 2023. Motion carried 3-0.
Grain Warehouse
1. GW23-001 In the Matter of PUC Staff’s Complaint Against Banghart Properties, LLC, Gettysburg, South Dakota (Grain Warehouse Program Manager: Cody Chambliss; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket GW23-001. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, March 28, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc03282023.mp3.
Commissioner Nelson moved to denyBanghart’s Motion to Allow Delivery on Open Contracts. Motion carried 3-0.
1. NG22-005 In the Matter of the Application of MidAmerican Energy Company for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket NG22-005. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, March 28, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc03282023.mp3.
Commissioner Fiegen moved to grant the Joint Motion for Approval of Settlement Stipulation and approve the rates, tariff sheets, terms and conditions stipulated therein. Motion carried 3-0.
Commissioner Nelson moved to approve MidAmerican’s Interim Refund Plan and direct MidAmerican to submit a compliance filing to address requested changes to its customer notices. Motion carried 3-0.
There being no further business, at the hour of 4:36 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
March 28, 2023
