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South Dakota Public Utilities Commission Meeting
September 22, 2023, at 10:00 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF COMMISSION MEETING
Commission Chairperson Kristie Fiegen called the meeting to order. Present were Commissioners Gary Hanson and Chris Nelson; Commission Advisor Greg Rislov; Staff Attorneys Kristen Edwards and Logan Schaefbauer; Staff Analysts Brittany Mehlhaff, Eric Paulson, Joseph Rezac and Patrick Steffensen; and Administrative Staff Mikayla Frick.
Also present were Darla Pollman Rogers, Riter Rogers LLP, representing Clarity Telecom LLC dba Bluepeak Fiber and the South Dakota Telecommunications Association; and David Smith, South Dakota Farmers Union.
Joining the meeting by telephone were Staff Attorney Amanda Reiss; Daryl Elcock and Carolyn Hadden, Clarity Telecom LLC dba Bluepeak Fiber; Jon Boike, JSI; Svetlana Fedje and Dave Prazak, Otter Tail Power Company; James Moore, Woods, Fuller, Shultz & Smith PC, representing Valley Queen Cheese Factory, Inc.; Steve Kolbeck, Northern States Power Company dba Xcel Energy; Jeff Decker and Reed McKee, NorthWestern Energy.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, September 22, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc09222023.mp3.
Administration
1. Approval of the Minutes of the Commission Meetings Held on August 29 and September 6, 2023 (Deputy Executive Director: Leah Mohr)
Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on August 29 and September 6, 2023. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The report was presented by Ms. Amanda Reiss, staff attorney. The Commission received a total of 116 contacts since the last report was prepared for the September 6, 2023, Commission meeting.
Eleven contacts were related to telecommunications services, 11 contacts were related to electric services, seven contacts were related to natural gas services, one contact was related to gas and electric services, four contacts were related to wireless services, one contact was related to the Do Not Call Registry, 62 contacts were related to carbon pipelines and 17 contacts were related to issues not regulated by the PUC. Two contacts were referred to South Dakota One Call.
1,728 of the 1,729 contacts received in 2022 have been resolved.
1,114 of the 1,133 contacts received in 2023 have been resolved.
Telecommunications
1. TC23-038 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)
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. Mr. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request.
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 the above docket. Motion carried 3-0.
2. TC23-043 In the Matter of the Filing of TEMPO TELECOM, LLC’s Application for Designation as an Eligible Telecommunications Carrier in the State of South Dakota for the Limited Purpose of Providing Lifeline Service to Qualifying Customers (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing the South Dakota Telecommunications Association (SDTA), asked the Commission to grant SDTA’s petition to intervene. Ms. Amanda Reiss, staff attorney, did not object to the request.
Commissioner Hanson moved the Commission grant SDTA’s petition to intervene. Motion carried 3-0.
Electric
1. EL23-022 In the Matter of Otter Tail Power Company’s Application for Approval of Administrative Tariff Changes in Rate Schedules 14.02 and 14.03 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Ms. Svetlana Fedje, Otter Tail Power Company, requested the Commission approve the company’s requested tariff revisions with an effective date of October 1, 2023. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the company’s request.
Commissioner Fiegen moved to approve the company’s requested tariff changes effective October 1, 2023. Motion carried 3-0.
2. EL23-025 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2024 Infrastructure Rider Project Eligibility and Factor Update (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, requested the Commission assess a filing fee for actual expenses incurred in review of this filing commencing from the filing date in the amount of up to $250,000 and authorize the Executive Director to enter into necessary consulting contracts. Mr. Steve Kolbeck, Northern States Power Company dba Xcel Energy, supported the request.
Commissioner Nelson moved to assess a filing fee in the amount of up to $250,000 to account for actual expenses incurred in review of this filing commencing from the filing date and authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.
3. EL23-026 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2024 Transmission Cost Recovery Eligibility and Rate Adjustment (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, requested the Commission assess a filing fee for actual expenses incurred in review of this filing commencing from the filing date in the amount of up to $50,000. Mr. Steve Kolbeck, Northern States Power Company dba Xcel Energy, supported the request.
Commissioner Nelson moved to assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Motion carried 3-0.
Natural Gas
1. NG23-015 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Valley Queen Cheese Factory, Inc. (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the contract with deviations with Valley Queen Cheese Factory, Inc. and the associated tariff revisions with an effective date of October 1, 2023. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the company’s request. Mr. James Moore, Woods, Fuller, Shultz & Smith PC, representing Valley Queen Cheese Factory, Inc., did not object. Mr. Reed McKee, NorthWestern Energy, responded to Commissioners’ questions.
Commissioner Nelson moved to approve NorthWestern Energy’s contract with deviations with Valley Queen Cheese Factory, Inc. and the associated tariff revisions with an effective date of October 1, 2023. Motion carried 3-0.
2. NG23-017 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: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the company’s requested tariff revisions with an effective date of October 1, 2023. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request.
Commissioner Hanson moved to approve the company’s requested tariff changes effective October 1, 2023. Motion carried 3-0.
There being no further business, at the hour of 10:40 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
September 22, 2023
