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South Dakota Public Utilities Commission Meeting
March 12, 2024, at 9:30 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 Commissioner Chris Nelson; Commission Attorney Kristen Edwards; Staff Attorneys Amanda Reiss and Logan Schaefbauer; Staff Analysts Darren Kearney, Brittany Mehlhaff, Joseph Rezac and Jon Thurber; Consumer Affairs Manager Deb Gregg; and Administrative Staff Mikayla Frick.

     Also present were Darla Pollman Rogers, Riter Rogers LLP, representing Valley Telecommunications Cooperative Association; Kara Semmler, South Dakota Telecommunications Association; and Bob Mercer, KELO Media Group.

     Joining the meeting by telephone were Vice Chairman Gary Hanson; Grain Warehouse Manager Cody Chambliss; Jay Shultz, The Shultz Law Firm Prof. LLC, representing North American Local LLC; Al Lubeck, Qwest Corporation dba CenturyLink QC; Jeff Symens, Valley Telecommunications Cooperative Association, Inc.; Carrie Boecher, Westwood, representing Wild Springs Solar LLC; Melissa Schmit, National Grid Renewables, representing Wild Springs Solar LLC; Mollie Smith, Fredrikson & Bryon P.A., representing Wild Springs Solar LLC; Jesse Sorenson, Black Hills Electric Cooperative, Inc.; Jason Keil and Ken Meirose, Black Hills Power Inc. dba Black Hills Energy; Eric Pauli, Xcel Energy; and Chad Kinsley, Southeastern Electric Cooperative

Administration

1.     Approval of the Minutes of the Commission Meeting Held on February 6, 2024 (Deputy Executive Director: Leah Mohr)

     Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on February 20, 2024. Motion carried 3-0.

Consumer Reports

1.     Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)

The Commission received a total of 81 contacts since the last report was prepared for the February 20, 2024, Commission meeting.

     Ten contacts were related to telecommunications services, 27 contacts were related to electric services, six contacts were related to wireless telecommunications services, six contacts were related to the Do Not Call Registry, seven contacts were related to carbon pipelines, two contacts were related to wind energy, two contacts were referred to the Grain Warehouse program, one contact was referred to South Dakota One Call and 20 contacts were related to issues not regulated by the PUC.

     1,431 of the 1,431 contacts received in 2023 have been resolved.
234 of the 240 contacts received in 2024 have been resolved.

Telecommunications

1.     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)

     A lengthy discussion took place for docket TC23-046. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, March 12, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc03122024.mp3.

     Commissioner Nelson moved to deny the South Dakota Telecommunications Association’s Motion to Defer. Commissioner Hanson moved a substitute motion to grant SDTA’s Motion to Defer. Commissioner Fiegen moved to amend the substitute motion to grant SDTA’s Motion to Defer and require SDTA’s brief to be filed with the Commission by March 19, 2024. Motion carried, 2-1. Commissioner Nelson dissenting.

2.      TC23-057     In the Matter of the Approval of an Unbundled Network Elements (UNEs) - Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Zayo Group, LLC (fka 360networks (USA) inc.) for the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)

     Mr. Al Lubeck, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the interconnection amendment between Qwest Corporation dba CenturyLink QC and Zayo Group, LLC. Ms. Amanda Reiss, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Reiss recommended that the Commission grant approval.

Commissioner Nelson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.

3.     TC23-058     In the Matter of the Approval of a FCC Modernizing Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Zayo Group, LLC (fka 360networks (USA) inc.) for the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)

     Mr. Al Lubeck, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the interconnection amendment between Qwest Corporation dba CenturyLink QC and Zayo Group, LLC. Ms. Amanda Reiss, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Reiss recommended that the Commission grant approval.

Commissioner Nelson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.

4.     TC24-006     In the Matter of the Filing for Approval of Amendment No. 2 to the Reciprocal Transport and Termination Agreement between Verizon Wireless and Valley Telecommunications Cooperative Association (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

     Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Valley Telecommunications Cooperative Association, asked that the Commission approve the interconnection amendment between Verizon Wireless and Valley Telecommunications Cooperative Association. Ms. Amanda Reiss, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Reiss recommended that the Commission grant approval.

     Commissioner Fiegen moved to approve the amendment to the interconnection agreement. Motion carried 3-0.

Electric

1.     EL20-018     In the Matter of the Application by Wild Springs Solar, LLC for a Permit of a Solar Energy Facility in Pennington County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)

     Ms. Mollie Smith, Fredrikson & Bryon P.A., representing Wild Springs Solar LLC, requested the commission approve Wild Springs’ Motion for Partial Exemption from Condition 38 and approve the proposed surety bond. Mr. Jon Thurber, staff analyst, recommended the commission grant Wild Springs’ requests.

     Commissioner Hanson moved to grant Wild Springs’ Motion for Partial Exemption of Condition 38 and approve the proposed surety bond. Motion carried 3-0.

2.     EL24-001     In the Matter of the Joint Request for Approval of an Amended Electric Service Territory Boundary Agreement between Black Hills Power, Inc. dba Black Hills Energy and Black Hills Electric Cooperative, Inc. (Staff Analyst: Darren Kearney; Staff Attorney: Logan Schaefbauer)

     Mr. Jason Keil, Black Hills Power Inc. dba Black Hills Energy, and Mr. Jesse Sorenson, Black Hills Electric Cooperative, Inc., requested the Commission approve the Electric Service Boundary Change between Black Hills Power and Black Hills Electric Cooperative. Mr. Darren Kearney, staff analyst, recommended the Commission approve the request.

     Commissioner Nelson moved to approve the Service Territory Exchange Agreement between Black Hills Power and Black Hills Electric Cooperative with the inclusion of the legal description in Amended Exhibit B filed on February 14, 2024. Motion carried 3-0.

3.     EL24-003     In the Matter for Approval of the Joint Service Exception Agreement between Northern States Power Company dba Xcel Energy and Southeastern Electric Cooperative, Inc. (Staff Analyst: Jon Thurber; Staff Attorney: Logan Schaefbauer)

     Mr. Eric Pauli, Northern States Power Company dba Xcel Energy, and Mr. Chad Kinsley, Southeastern Electric Cooperative, requested the Commission approve the agreement between Northern States Power Company dba Xcel Energy and Southeastern Electric Cooperative, Inc. Mr. Jon Thurber, staff analyst, recommended the Commission approve the request.

     Commissioner Fiegen moved to approve the Service Rights Exception Agreement between Northern States Power Company dba Xcel Energy and Southeastern Electric Cooperative, Inc. Motion carried 3-0.

4.     EL24-005     In the Matter of MidAmerican Energy Company’s Application for Approval of Its 2023 Reconciliation and 2024 Transmission Cost Recovery Factors (Staff Analyst: Joseph Rezac; Staff Attorney: Logan Schaefbauer)

     Mr. Logan Schaefbauer, 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. MidAmerican Energy Company did not appear.

     Commissioner Hanson 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.

5.     EL24-007     In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Transmission Cost Recovery Rider Rate (Staff Analyst: Patrick Steffensen; Staff Attorney: Logan Schaefbauer)

     Mr. Logan Schaefbauer, 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. Montana-Dakota Utilities Co. did not appear.

     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.

6.     EL24-008     In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Infrastructure Rider Rate (Staff Analyst: Patrick Steffensen; Staff Attorney: Logan Schaefbauer)

     Mr. Logan Schaefbauer, 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. Montana-Dakota Utilities Co. did not appear.

     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. Motion carried 3-0.

Rule Making

1.     RM23-001     In the Matter of the Adoption of Administrative Rules (Commission Attorney: Kristen Edwards)

     Commissioner Nelson moved to adopt all proposed rules as filed with the LRC style and form changes, with the addition of the grammatical edit to 20:10:12:15 suggested by Commission Staff in its comments filed on February 2, 2024.

     Commissioner Fiegen moved a substitute motion to adopt all proposed rules as detailed in Commissioner Nelson’s motion, but to remove the strike through the last sentence of the proposed amendment to 20:10:26:04(6).     Motion carried 2-1, Commissioner Nelson dissenting.

     There being no further business, at the hour of 10:45 a.m., the South Dakota Public Utilities Commission meeting adjourned.

 /s/ Leah Mohr                 
Leah Mohr
Deputy Executive Director
puc@state.sd.us
March 12, 2024