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South Dakota Public Utilities Commission Meeting
October 10, 2023, at 1:30 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 Commissioners Gary Hanson and Chris Nelson; Commission Advisor Greg Rislov; Staff Attorneys Kristen Edwards, Amanda Reiss and Logan Schaefbauer; Staff Analysts Darren Kearney, Brittany Mehlhaff, Eric Paulson, Joseph Rezac, Patrick Steffensen and Jon Thurber; and Deputy Executive Director Leah Mohr.
Also present were Kara Semmler, South Dakota Telecommunications Association; Ellie Bailey, Riter Rogers LLP, representing Cheyenne River Sioux Tribe Telephone Authority; Miles Schumacher, Lynn, Jackson, Shultz and Lebrun, PC representing Crowned Ridge Wind LLC; and David Smith, South Dakota Farmers Union.
Joining the meeting by telephone were Jason Topp, Qwest Corporation dba CenturyLink QC; Joshua Cokens, SSTELECOM, INC. dba ITC; Mike Neeley, Vantage Point, representing SSTELECOM, INC. dba ITC; Mona Thompson and Charles Fischer, Cheyenne River Sioux Tribe Telephone Authority; Jennifer Bear Eagle and Calandra McCool, Big Fire Law & Policy Group; Zach Lasek and Michael Shapiro, Sweetland Wind Farm LLC; Mollie Smith, Fredrikson & Byron PA representing Sweetland Wind Farm LLC; James Moore, Woods, Fuller, Shultz & Smith PC, representing Valley Queen Cheese Factory, Inc.; Svetlana Fedje, Dave Prazak and Cary Stephenson, Otter Tail Power Company; Ted Smith, Sioux Valley Energy; Eric Pauli, Northern States Power Company dba Xcel Energy; Matt Schmahl, West River Electric Association; and Amber Christenson.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, October 10, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc10102023.mp3.
Administration
1. Approval of the Minutes of the Commission Meeting Held on September 22, 2023 (Deputy Executive Director: Leah Mohr)
Commissioner Hanson moved to approve the Minutes of the Commission Meeting held on September 22, 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 56 contacts since the last report was prepared for the September 22, 2023, Commission meeting.
Six contacts were related to telecommunications services, 17 contacts were related to electric services, three contacts were related to natural gas services, four contacts were related to wireless services, one contact was related to the Do Not Call Registry, three contacts were related to carbon pipelines, one contact was related to wind energy and 21 contacts were related to issues not regulated by the PUC.
1,728 of the 1,729 contacts received in 2022 have been resolved.
1,175 of the 1,189 contacts received in 2023 have been resolved.
Telecommunications
1. TC23-044 In the Matter of the Approval of an ILEC-CLEC Mid-Span Meet POI Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and SSTELECOM, INC. dba ITC for the State of South Dakota (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), asked that the Commission approve the amendment to the interconnection agreement between CenturyLink and SSTELECOM, INC. dba ITC. Mr. Mike Neeley, Vantage Point, representing SSTELECOM, INC. dba ITC, supported the request.
Commissioner Nelson moved to approve the amendment to the Interconnection Agreement. Motion carried 3-0.
2. TC23-045 In the Matter of the Approval of a Single Point of Presence (SPOP) in the LATA Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and SSTELECOM, INC. dba ITC for the State of South Dakota (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), asked that the Commission approve the amendment to the interconnection agreement between CenturyLink and SSTELECOM, INC. dba ITC. Mr. Mike Neeley, Vantage Point, representing SSTELECOM, INC. dba ITC, supported the request.
Commissioner Nelson moved to approve the amendment to the Interconnection Agreement. Motion carried 3-0.
3. TC23-046 In the Matter of the Petition of North American Local, LLC for Approval of Reclassification as a Facilities-Based Eligible Telecommunications Carrier (Staff Analyst: Joseph Rezac; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA), asked the Commission to grant SDTA’s petition to intervene. Mr. Logan Schaefbauer, staff attorney, did not object to the request.
Commissioner Hanson moved the Commission grant SDTA’s petition to intervene. Motion carried 3-0.
4. TC23-047 In the Matter of the Request of Cheyenne River Sioux Tribe Telephone Authority for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391647) (Staff Analyst: Eric Paulson; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Ms. Ellie Bailey, Riter Rogers LLP, representing Cheyenne River Sioux Tribe Telephone Authority, requested the Commission waive the ETC certification filing deadline and provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Ms. Amanda Reiss, staff attorney, did not object to the waiver request. Mr. Eric Paulson, staff analyst, recommended the Commission grant the company’s request for certification.
Commissioner Hanson moved to waive the ETC certification filing deadline and 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.
Electric
1. EL19-012 In the Matter of the Application by Sweetland Wind Farm, LLC for Facility Permits for a Wind Energy Facility and a 230-kV Transmission Facility in Hand County, South Dakota for the Sweetland Wind Farm Project (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorney: Kristen Edwards)
Ms. Mollie Smith, Fredrikson & Byron PA representing Sweetland Wind Farm LLC (Sweetland), requested the Commission approve Sweetland’s Escrow Agreement as required by Condition 42 of the Permit. Ms. Kristen Edwards, staff attorney, did not object to the request.
Commissioner Fiegen moved to approve Sweetland’s Escrow Agreement. Motion carried 3-0.
2. EL21-032 In the Matter of Otter Tail Power Company’s Petition for Approval of Real Time Pricing Rider Tariff (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. James Moore, Woods, Fuller, Shultz & Smith PC, representing Valley Queen Cheese Factory, Inc. requested the Commission grant Valley Queen’s Motion for Leave to Withdraw as an Intervenor. Mr. Cary Stephenson, Otter Tail Power Company, and Ms. Kristen Edwards, Staff Attorney, supported the request.
Commissioner Fiegen moved to grant Valley Queen’s Motion for Leave to Withdraw as an Intervenor. Motion carried 3-0.
3. EL23-023 In the Matter of the Joint Service Exception Agreement between Northern States Power Company, a Minnesota Corporation dba Xcel Energy and Sioux Valley Southwestern Electric Cooperative, Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Eric Pauli, Northern States Power Company dba Xcel Energy, and Mr. Ted Smith, Sioux Valley Energy, requested the Commission approve the agreement between Northern States Power Company dba Xcel Energy and Sioux Valley Southwestern Electric Cooperative, Inc. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the request.
Commissioner Nelson moved to approve the Service Rights Exception Agreement in assigned areas between Northern States Power Company dba Xcel Energy and Sioux Valley Southwestern Electric Cooperative, Inc. Motion carried
3-0.
4. EL23-024 In the Matter of the Joint Request for Approval of an Amended Electric Service Territory Boundary Agreement between West River Electric Association, Inc. and Black Hills Power, Inc. dba Black Hills Energy (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Matt Schmahl, West River Electric Association, requested the Commission approve the Amended Electric Service Territory Boundary Agreement between West River Electric Association and Black Hills Power, Inc. dba Black Hills Energy. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the request.
Commissioner Hanson moved to approve Amended Electric Service Territory Boundary Agreement between West River Electric Association and Black Hills Power, Inc. dba Black Hills Energy. Motion carried 3-0.
5. EL23-029 In the Matter of the Joint Request for an Electric Service Territory Boundary Change between Northern States Power Company dba Xcel Energy and Sioux Valley Southwestern Electric Cooperative, Inc. (Staff Analyst: Joseph Rezac; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Chairperson Fiegen deferred the docket to a later meeting.
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)
Mr. Miles Schumacher, Lynn, Jackson, Shultz and Lebrun, PC representing Crowned Ridge Wind LLC (Crowned Ridge), requested the Commission grant Crowned Ridge’s Motion in Limine. Ms. Amber Christenson, Complainant, objected to the request.
Commissioner Fiegen moved to grant Crowned Ridge’s Motion in Limine in part, as requested by Crowned Ridge with the exception of Complainant Christenson’s Exhibit AC12, AC19, and portions of Complainant Amber Christenson’s Prefiled Rebuttal Testimony to include the paragraphs numbered 1 and 2 on Page 2 and the third full paragraph on page 8. Motion carried 2-1. Commissioner Nelson dissenting.
There being no further business, at the hour of 3:10 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
October 10, 2023
