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South Dakota Public Utilities Commission Meeting
December 19, 2023, at 9:30 A.M. CST
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 Advisor Greg Rislov; Staff Attorneys Amanda Reiss and Logan Schaefbauer; Staff Analysts Eric Paulson, Joseph Rezac and Patrick Steffensen; and Deputy Executive Director Leah Mohr.

Also present were Jenni Fuerst; John Schmidt; and David Smith, South Dakota Farmers Union.

Joining the meeting by telephone were Commissioner Gary Hanson; Commission Attorney Kristen Edwards; Andy Gipson, Daniella Lopez and Julia Redman-Carter, Boomerang Wireless LLC dba enTouch Wireless; Pam Bonrud, Jeff Decker, Emily Ng and Tim Olson, NorthWestern Energy Public Service Corporation.

An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, December 19, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc12192023.mp3.

Administration

1.      Approval of the Minutes of the Commission Meeting Held on December 6, 2023 (Deputy Executive Director: Leah Mohr)

Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on December 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 23 contacts since the last report was prepared for the December 6, 2023, Commission meeting.

     Three contacts were related to telecommunications services, 11 contacts were related to electric services, one contact was related to the Do Not Call Registry, three contacts were related to wind energy, and five contacts were related to issues not regulated by the PUC.

     1,381 of the 1,392 contacts received in 2023 have been resolved.

Telecommunications

1.         TC23-048        In the Matter of the Application of Boomerang Wireless LLC dba enTouch Wireless Seeking Partial Relinquishment of Designation as an Eligible Telecommunications Carrier on a Wireless Basis (Low-Income Only) in a Certain Service Area Previously Served by Underlying Carrier Verizon Wireless and Removal of Verizon Wireless as an Underlying Carrier (Staff Analyst: Brittany Mehlhaff; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)

     Mr. Andy Gipson, Boomerang Wireless LLC dba enTouch Wireless, requested the Commission approve Boomerang’s application for partial relinquishment of its designation as an eligible telecommunications carrier on a wireless basis (low-income only) in the service area previously served only by underlying carrier Verizon Wireless and eliminate Verizon Wireless as underlying carrier for Boomerang Wireless. Mr. Logan Schaefbauer, staff attorney, recommended the Commission grant Boomerang’s request and further grant a waiver of ARSD 20:10:32:48(1) as it relates to service of the petition on each local service provider in the area in which Boomerang seeks relinquishment. Ms. Julia Redman-Carter, Boomerang Wireless LLC dba enTouch Wireless, responded to Commissioners’ questions.

     Commissioner Nelson moved to approve Boomerang’s application for partial relinquishment of its designation as an eligible telecommunications carrier on a wireless basis (low-income only) in the service area previously served only by underlying carrier Verizon Wireless and eliminate Verizon Wireless as underlying carrier for Boomerang Wireless effective December 31, 2023; and grant a waiver of ARSD 20:10:32:48(1) as it relates to service of the petition on each local service provider in the area in which Boomerang seeks relinquishment. Motion carried 3-0.

Gas and Electric

1.         GE23-002       In the Matter of the Application of NorthWestern Energy Public Service Corporation for Approval of an Order Authorizing It to Issue Up to $350 Million of Securities (Staff Analyst: Patrick Steffensen; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)

     Ms. Emily Ng, NorthWestern Energy Public Service Corporation, requested the Commission authorize NorthWestern Energy Public Service Corporation to issue up to $150 million in secured debt securities and up to $200 million in unsecured debt securities.  Mr. Patrick Steffensen, staff analyst, recommended the Commission grant the company’s request with the conditions that Commission authorization does not constitute the Commission’s determination of any utility ratemaking issues and that the issuance of securities does not mean that the Commission is in any way prohibited at some future date from finding NorthWestern’s capital structure in need of adjustment. Mr. Tim Olson, NorthWestern Energy Public Service Corporation, responded to Commissioners’ questions.

     Commissioner Fiegen moved the Commission authorize NorthWestern Energy Public Service Corporation to issue up to $150 million in secured debt securities and up to $200 million in unsecured debt securities, with the conditions that Commission authorization does not constitute the Commission’s determination of any utility ratemaking issues and that the issuance of securities does not mean that the Commission is in any way prohibited at some future date from finding NorthWestern’s capital structure in need of adjustment. Motion carried 3-0.

Items for Commission Discussion

     The Commission discussed resiliency and reliability of the electric grid and the general plans of utilities in other states to close or retire baseload generation. Commissioner Nelson recommended the Commission send a letter to Xcel Energy expressing concern with the company’s plan to close baseload plants in Minnesota. Commissioner Fiegen and Commissioner Hanson supported the recommendation.

Public Comment

     Mr. John Schmidt made public comments about fossil fuels and climate change.

     There being no further business, at the hour of 10:23 a.m., the South Dakota Public Utilities Commission meeting adjourned.

 

/s/ Leah Mohr                 .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
December 19 2023