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South Dakota Public Utilities Commission Meeting
May 8, 2024, 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 Vice Chairman Gary Hanson and Commissioner Chris Nelson; Commission Advisor Greg Rislov; Staff Attorneys Amanda Reiss and Logan Schaefbauer; Staff Analysts Darren Kearney, Eric Paulson, Brittany Mehlhaff and Joe Rezac; PUC Staff Jenny Fuerst and Administrative Staff Mikayla Frick.
Also present were Kara Semmler, South Dakota Telecommunications Association; David Smith, South Dakota Farmers Union; Bob Mercer, KELO Media Group; 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, and Bob Stanchina, Assurance Wireless USA L.P.; Jason Topp, Qwest Corporation dba CenturyLink QC; Lauren Donofrio, Svetlana Fedje, Matthew Kaiser, Matthew Olsen, Kevin Scheidecker, Joleen Schmit, and Jason Weiers, Otter Tail Power Company; Mollie Smith, Fredrikson & Byron, P.A., representing Otter Tail Power Company; Matt Schmahl, West River Electric Association, Inc.; Rick Edwards and Paul Mantz, NorthWestern Corporation dba NorthWestern Energy; 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, May 8, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc05082024.mp3.
(Note): For the purpose of continuity, these minutes match the agenda and are not necessarily in chronological order.
Administration
1. Approval of the Minutes of the Commission Meeting Held on April 23, 2024 (Deputy Executive Director: Leah Mohr)
Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on April 23, 2024. 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 63 contacts since the last report was prepared for the May 8, 2024, Commission meeting.
Thirteen contacts were related to telecommunications services, 26 contacts were related to electric services, two contacts were related to natural gas services, three contacts were related to wireless telecommunications services, five contacts were related to the Do Not Call Registry, one contact was related to carbon pipelines, three contacts were related to wind energy, one contact was referred to the Grain Warehouse Program, two contacts were referred to South Dakota One Call, and seven contacts were related to issues not regulated by the PUC.
435 of the 444 contacts received in 2024 have been resolved.
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)
A lengthy discussion took place for docket TC24-002. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, May 8, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc05082024.mp3.
Commissioner Nelson moved to approve the Joint Stipulation and grant the petition for Designation as an Eligible Telecommunication Carrier for the purposes of receiving federal Lifeline universal service support subject to conditions. Motion carried 3-0.
2. TC24-007 In the Matter of the Filing for Approval of the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Peerless Network of South Dakota, LLC for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, representing Qwest Corporation dba CenturyLink QC, asked that the Commission approve the interconnection agreement between Qwest Corporation dba CenturyLink QC and Peerless Network of South Dakota, LLC for the State of South Dakota. Peerless Network of South Dakota LLC did not appear. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the request.
Commissioner Hanson moved to approve the interconnection agreement. Motion carried 3-0.
3. TC24-008 In the Matter of the Filing for Approval of the Carrier Partner for Interconnected VoIP Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Peerless Network of South Dakota, LLC for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, representing Qwest Corporation dba CenturyLink QC, asked that the Commission approve the amendment to the interconnection agreement between Qwest Corporation dba CenturyLink QC and Peerless Network of South Dakota, LLC for the State of South Dakota. Peerless Network of South Dakota LLC did not appear. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the request.
Commissioner Hanson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
Electric
1. 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)
Mr. Matthew Olsen, Otter Tail Power Company, requested the Commission suspend the launch date for the bill redesign and the previously approved tariff revisions. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the company’s request.
Commissioner Nelson moved to approve the request to suspend the launch date for the bill redesign and the previously approved tariff revisions. Motion carried 3-0.
2. EL24-004 In the Matter of Otter Tail Power Company’s Petition for Approval of a New My Renewable Energy Credits (My RECs) Rider (Staff Analyst: Eric Paulson; Staff Attorney: Logan Schaefbauer)
Ms. Svetlana Fedje, Otter Tail Power Company, requested the Commission approve the new My Renewable Energy Credits Rider. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request effective June 1, 2024. Ms. Lauren Donofrio, Otter Tail Power Company, responded to Commissioners’ questions.
Commissioner Fiegen moved to approve the new My Renewable Energy Credits Rider. Motion carried 3-0.
3. EL24-010 In the Matter of the Joint Request for Approval of an Electric Service Territory Exchange Agreement between West River Electric Association, Inc. and Black Hills Power, Inc. dba Black Hills Energy (Staff Analyst: Darren Kearney; Staff Attorneys: Logan Schaefbauer, Amanda Reiss)
Mr. Matt Schmahl, West River Electric Association, Inc., requested the Commission approve the joint request for approval of an Electric Service Territory Exchange Agreement between West River Electric Association and Black Hills Power, Inc. dba Black Hills Energy. Mr. Jason Keil, Black Hills Power, Inc. dba Black Hills Energy, supported the request. Mr. Darren Kearney, staff analyst, recommended the Commission approve the request.
Commissioner Hanson moved to approve the joint request for approval of an Electric Service Territory Exchange Agreement. Motion carried 3-0.
4. EL24-012 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Its 2024 Economic Development Plan and 2023 Economic Development Report (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Rick Edwards and Mr. Paul Mantz, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the company’s 2023 Economic Development Report and 2024 Economic Development Plan. Mr. Eric Paulson, staff analyst, recommended the Commission approve the request.
Commissioner Fiegen moved to approve NorthWestern Corporation dba NorthWestern Energy’s 2023 Economic Development Report and 2024 Economic Development Plan. Motion carried 3-0.
5. EL24-015 In the Matter of the Application by Otter Tail Power Company and Western Minnesota Municipal Power Agency for a Facility Permit for a 345-kV Transmission Facility and Associated Facilities in Grant County, South Dakota (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 $103,500 for actual expenses incurred in the review of this filing, commencing from the filing date, with an initial deposit of $20,000. Ms. Mollie Smith, Fredrikson & Byron, P.A., representing Otter Tail Power Company, did not object to the request. The Commission discussed Staff’s request for an initial deposit of $20,000 rather than setting the initial deposit at the statutory minimum filing fee of $8,000.
Commissioner Nelson moved to assess a filing fee for actual expenses incurred by the Commission commencing from the filing date not to exceed $103,500 with an initial deposit of $8,000. Motion carried 3-0.
Natural Gas
1. NG24-003 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Its 2024 Economic Development Plan and 2023 Economic Development Report (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Rick Edwards and Mr. Paul Mantz, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the company’s 2023 Economic Development Report and 2024 Economic Development Plan. Mr. Eric Paulson, staff analyst, recommended the Commission approve the request.
Commissioner Fiegen moved to approve NorthWestern Corporation dba NorthWestern Energy’s 2023 Economic Development Report and 2024 Economic Development Plan. Motion carried 3-0.
Public Comment
Mr. John Schmidt made public comments about digital information, global climate change, and battery technology.
There being no further business, at the hour of 3:20 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
May 8, 2024
