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South Dakota Public Utilities Commission Meeting
March 26, 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 Commission Advisor Greg Rislov; Commission Attorney Kristen Edwards; Staff Attorneys Amanda Reiss and Logan Schaefbauer; Staff Analysts Darren Kearney, Brittany Mehlhaff, Eric Paulson, Joseph Rezac, Patrick Steffensen and Jon Thurber; and Administrative Staff Mikayla Frick.
Also present were Kara Semmler, South Dakota Telecommunications Association; David Smith, South Dakota Farmers Union; and Bob Mercer, KELO Media Group.
Joining the meeting by telephone were Vice Chairman Gary Hanson and Commissioner Chris Nelson; Consumer Affairs Manager Deb Gregg; Jorge Bellas, North American Local LLC; Gene DeJordy, Dakelyn Consulting, representing North American Local LLC; Jay Shultz, The Shultz Law Firm Prof. LLC, representing North American Local LLC; Shawn McLaughlin and Alvin Shen, EarthGrid PBC CORP.; Sharon Warren, Inteserra Consulting Group, representing EarthGrid PBC CORP.; Lori Brockhouse, Gretchen Kraemer and Daniel Mandernach, MidAmerican Energy Company; Miles Schumacher, Lynn Jackson Shultz & Lebrun PC, representing Crowned Ridge Wind LLC; Svetlana Fedje, Jason Grenier, Dean Lee, Matt Olsen, Wendi Olson and Joleen Schmit, Otter Tail Power Company; James Moore, Woods Fuller Shultz & Smith PC, representing Keystone Pipeline LP; and William Taylor, Taylor Law Firm, representing Keystone Pipeline LP.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, March 26, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc03262024.mp3.
Administration
1. Approval of the Minutes of the Commission Meeting Held on March 12, 2024 (Deputy Executive Director: Leah Mohr)
Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on March 12, 2024. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 32 contacts since the last report was prepared for the March 12, 2024, Commission meeting.
One contact was related to telecommunications services, eight contacts were related to electric services, two contacts were related to natural gas services, three contacts were related to wireless telecommunications services, two contacts were related to the Do Not Call Registry, three contacts were related to carbon pipelines, and 13 contacts were related to issues not regulated by the PUC.
265 of the 272 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 26, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc03262024.mp3.
Commissioner Fiegen moved to deny the South Dakota Telecommunications Association’s Motion to Dismiss and to grant SDTA’s request for clarification that this docket shall be treated procedurally as a new request for ETC designation. Motion carried 2-1. Commissioner Hanson dissenting.
Commissioner Nelson moved to grant SDTA’s Motion to Compel as to Data Requests 2, 3a, and 4, and to deny SDTA’s Motion to Compel as to Data Requests 3b, 3c, and 7. Motion carried 3-0.
2. TC23-050 In the Matter of the Application of EarthGrid PBC CORPORATION for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Mr. Alvin Shen, EarthGrid PBC CORP. (EarthGrid) requested the Commission grant EarthGrid’s request for a Certificate of Authority to provide local exchange and interexchange services in South Dakota and grant a waiver of ARSD 20:10:32:10. Mr. Eric Paulson, staff analyst, recommended the Commission grant the company’s requests, with the restrictions that, for retail purposes, EarthGrid not offer any prepaid services, including prepaid calling cards, and does not accept or require any deposits or advance payments, without prior approval of the Commission and that EarthGrid be subject to rural safeguards.
Commissioner Hanson moved to grant EarthGrid’s request for a Certificate of Authority to provide local exchange and interexchange services in South Dakota, with the restrictions that, for retail purposes, EarthGrid not offer any prepaid services, including prepaid calling cards, and does not accept or require any deposits or advance payments, without prior approval of the Commission and that EarthGrid be subject to rural safeguards and grant a waiver of ARSD 20:10:32:10, subject to the condition that EarthGrid not offer switched access services in the state without approval by the Commission and a reevaluation of the waiver. Motion carried 3-0.
Electric
1. EL09-012 In the Matter of the Petition of MidAmerican Energy Company for Approval of a Fuel Clause Rider Tariff Change (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac)
Ms. Gretchen Kraemer, MidAmerican Energy Company, asked that the Commission approve the company’s request to discontinue its annual hedging report. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve the company’s request.
Commissioner Fiegen moved to approve MidAmerican Energy Company’s request to discontinue its annual hedging report. Motion carried 3-0.
2. EL17-050 In the Matter of the Application of Crowned Ridge Wind, LLC for a Facility Permit to Construct a 230 kV Transmission Line and Associated Facilities from Codington County to the Big Stone South Substation (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorneys: Kristen Edwards, Amanda Reiss)
Mr. Miles Schumacher, Lynn Jackson Shultz & Lebrun PC, representing Crowned Ridge Wind LLC, requested the Commission grant the company’s Motion to Release Bond. Mr. Jon Thurber, staff analyst, recommended that the Commission grant the company’s request.
Commissioner Nelson moved that the Commission grant Crowned Ridge Wind LLC’s Motion to Release Bond. Motion carried 3-0.
3. EL23-021 In the Matter of Approval of Otter Tail Power Company’s Petition for Approval of a Bill Redesign and Modifications to General Rules and Regulations, Rate Schedule Section 1.05 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Ms. Wendi Olson, Otter Tail Power Company, requested the Commission approve the company’s requested tariff revisions with an effective date of June 1, 2024, and approve the company’s updated customer information brochure. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the company’s requests.
Commissioner Hanson moved to approve Otter Tail Power Company’s tariff revisions with an effective date of June 1, 2024, and approve Otter Tail Power Company’s updated customer information brochure. Motion carried 3-0.
4. EL24-002 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, 2024. Mr. Dean Lee, Otter Tail, responded to Commissioners’ questions.
Commissioner Fiegen 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, 2024. Motion carried 3-0.
5. 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)
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 April 1, 2024. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the company’s request.
Commissioner Nelson moved to approve the tariff revisions and TCR rate factors with an effective date of April 1, 2024. Motion carried 3-0.
Hydrocarbon and Carbon Dioxide Pipeline Dockets
1. HP07-001 In the Matter of the Application by TransCanada Keystone Pipeline LP for a Permit Under the South Dakota Energy Conversion and Transmission Facilities Act to Construct the Keystone Pipeline Project. (Staff Analysts: Darren Kearney and Jon Thurber; Staff Attorney: Kristen Edwards)
Mr. William Taylor, Taylor Law Firm, representing Keystone Pipeline LP, requested the Commission approve the company’s Motion for Approval Under SDCL § 49-41B-29. Ms. Kristen Edwards, staff attorney, recommended the Commission approve the company’s request.
Commissioner Hanson moved to approve TransCanada Keystone Pipeline, LP’s Motion for Approval Under SDCL § 49-41B-29. Motion carried 3-0.
There being no further business, at the hour of 11:30 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
March 26, 2024
