Commission Minutes | previous page
South Dakota Public Utilities Commission Meeting
April 23, 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 Vice Chairman Gary Hanson and Commissioner Chris Nelson; Commission Advisor Greg Rislov; Commission Attorney Kristen Edwards; Staff Attorneys Amanda Reiss and Logan Schaefbauer; Staff Analysts Darren Kearney, Eric Paulson, Patrick Steffensen and Jon Thurber; Finance Manager Cindy Kemnitz, Consumer Affairs Manager Deb Gregg; and Administrative Staff Mikayla Frick.
Also present were Kara Semmler, South Dakota Telecommunications Association; and John Schmidt, Woonsocket.
Joining the meeting by telephone were Andrew M. Carlson, Taft Stettinius & Hollister LLP, representing Assurance Wireless USA L.P.; William Haas, Assurance Wireless USA L.P.; Mark Hoffman, East River Electric Power Cooperative; Nathan Bensen, Travis Jacobson, Lisa Maurstad and Tara Vesey, Montana-Dakota Utilities; and Andy Butcher and Jason Keil, Black Hills Power Inc. dba Black Hills Energy.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, April 23, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc04232024.mp3.
Administration
1. Approval of the Minutes of the Commission Meeting Held on April 11, 2024 (Deputy Executive Director: Leah Mohr)
Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on April 11, 2024. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 53 contacts since the last report was prepared for the April 11, 2024, Commission meeting.
Twelve contacts were related to telecommunications services, 19 contacts were related to electric services, six contacts were related to natural gas services, two contacts were related to wireless telecommunications services, one contact was related to the Do Not Call Registry, one contact was related to carbon pipelines, two contacts were related to wind energy, one contact was referred to South Dakota One Call and nine contacts were related to issues not regulated by the PUC.
367 of the 381 contacts received in 2024 have been resolved.
Administration
1. AA24-001 Establishment of the Gross Receipts Tax Levy for Fiscal Year 2025 (Finance Manager: Cindy Kemnitz, Staff Attorney: Amanda Reiss)
Ms. Cindy Kemnitz, finance manager, requested the Commission establish the rate and assess the Gross Receipt Tax as authorized in SDCL 49-1A-3.
Commissioner Hanson moved to establish the rate and assess the Gross Receipts Tax as authorized in SDCL 49-1A-3 of $0.0015 or $250, whichever amount is greater. Motion carried 3-0.
Telecommunications
1. TC24-002 In the Matter of the Petition of Assurance Wireless USA, L.P. for Designation as an Eligible Telecommunications Carrier for the Purpose of Offering Lifeline Service to Qualifying Customers (Staff Analyst: Eric Paulson; Staff Attorney: Logan Schaefbauer)
Mr. Andrew M. Carlson, Taft Stettinius & Hollister LLP, representing Assurance Wireless USA L.P., requested the Commission grant the parties’ Joint Motion to Defer Consideration. Mr. Logan Schaefbauer, staff attorney, recommended the Commission grant the request.
Commissioner Fiegen moved to grant the Joint Motion to Defer Consideration to a Commission meeting at an undecided future date. Motion carried 3-0.
Electric
1. 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)
Ms. Lisa Maurstad, Montana-Dakota Utilities Co., requested the Commission approve the revised Transmission Cost Recovery Rider rate and revised tariff sheet with an effective date of May 1, 2024. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the revised Transmission Cost Recovery Rider rate and associated tariff sheet. Mr. Travis Jacobson, Montana-Dakota Utilities Co., responded to questions.
Commissioner Nelson moved to approve the revised Transmission Cost Recovery Rider rate and revised tariff sheet with an effective date of May 1, 2024. Motion carried 3-0.
2. 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. Nathan Bensen, Montana-Dakota Utilities Co., requested the Commission approve the revised Infrastructure Rider rate and revised tariff sheet with an effective date of May 1, 2024. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the revised Infrastructure Rider rate and associated tariff sheet.
Commissioner Fiegen moved to approve the revised Infrastructure Rider rate and revised tariff sheet with an effective date of May 1, 2024. Motion carried 3-0.
3. EL24-011 In the Matter of the Application by East River Electric Power Cooperative, Inc. for a Permit to Construct a WAPA North Bend to Pratt 230kV Transmission Line (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Ms. Amanda Reiss, staff attorney, requested the Commission assess a filing fee of up to the statutory maximum of $16,290 for actual expenses incurred in the review of this filing commencing from the filing date with any unused portion above $8,000 subject to refund. Mr. Mark Hoffman, East River Electric Power Cooperative, supported the request. Ms. Cindy Kemnitz, finance manager, responded to Commissioners’ questions.
Commissioner Hanson moved to assess a filing fee for actual expenses incurred by the Commission commencing from the filing date not to exceed $16,290 with any unused portion above $8,000 subject to refund. Motion carried 3-0.
4. EL24-014 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval to Amend Its Energy Cost Adjustment Tariff to Include Costs and Benefits Related to WEIS Participation (Staff Analyst: Patrick Steffensen; Staff Attorney: Logan Schaefbauer)
Mr. Jason Keil, Black Hills Power Inc. dba Black Hills Energy, requested the Commission approve the company’s tariff revisions with an effective date of May 1, 2024. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the company’s request on less than 30 days’ notice. Mr. Andy Butcher, Black Hills Power Inc. dba Black Hills Energy, responded to Commissioners’ questions.
Commissioner Nelson moved to approve the company’s requested tariff changes effective May 1, 2024, on less than 30 days’ notice. Motion carried 3-0.
Public Comment
Mr. John Schmidt made public comments about global climate change.
There being no further business, at the hour of 10:36 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
April 23, 2024
