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South Dakota Public Utilities Commission Meeting
July 19, 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; Commission Advisor Greg Rislov; Staff Attorneys Amanda Reiss and Logan Schaefbauer; Staff Analysts Darren Kearney, Brittany Mehlhaff, Joseph Rezac, Patrick Steffensen, and Jon Thurber; Grain Warehouse Manager Cody Chambliss; and Administrative Staff Mikayla Frick.
Also present were Bruce Hanson and Dominick Hanson, Fort Randall Telephone Company; Bob Mercer, Keloland News; Darla Pollman Rogers, Riter Rogers, LLP, representing West River Telecommunications Cooperative; Madison Neal; and John Schmidt.
Joining the meeting by telephone were Chairman Gary Hanson; Jason Keil and Travis Powrie, Black Hills Energy; Benjamin Dickens, Blooston, Mordkofsky, Dickens, Duffy and Prendergast, representing City of Brookings Municipal Telephone; Laura and Steve Meyer, City of Brookings Municipal Telephone; Meredith Moore, Cutler Law Firm, LLP, representing Alliance Communications Cooperative, Inc.; Lisa M. Agrimonti, Fredrikson & Byron, P.A., representing, Deuel Harvest Wind Energy South LLC; Kevin Abram, Fidelis Realty Partners; Anita Taff-Rice, iCommLaw, representing, Ubiquity South Dakota, LLC; Stephanie Bosch, Jeremy Fischer, Travis Jacobson and Larry Oswald, Montana-Dakota Utilities Co.; Joleen Schmit and Matt Olsen; Otter Tail Power Company; Monica Monterrosa, Renewable Development Invenergy LLC; Troy Schilling and Shannon Wendel, West River Telecommunications Cooperative.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, July 19, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc07192024.mp3.
Administration
1. Approval of the Minutes of the Commission Meeting Held on July 2, 2024 (Staff: Janeth Merriman)
Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on July 2, 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 64 contacts since the last report was prepared for the July 2, 2024, Commission meeting.
Nine contacts were related to telecommunications services, 15 contacts were related to electric services, two contacts were related to natural gas services, four contacts were related to wireless telecommunications services, two contacts were related to the Do Not Call Registry, five contacts were related to wind energy, two contacts were referred to South Dakota One Call, and 25 contacts were related to issues not regulated by the PUC.
676 of the 688 contacts received in 2024 have been resolved.
Telecommunications
1. TC24-011 In the Matter of the Application of Ubiquity South Dakota, LLC for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Logan Schaefbauer)
Ms. Anita Taff-Rice, iCommLaw, representing Ubiquity South Dakota, LLC, requested the Commission grant Ubiquity’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 and withdraw the request to waive ARSD 20:10:32:15. Mr. Patrick Steffensen, staff analyst, recommended the Commission grant the company’s requests, with the restrictions that, for retail purposes, Ubiquity 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 Ubiquity be subject to rural safeguards, and that the waiver be subject to the condition that Ubiquity not offer switched access services in the state without approval by the Commission and a reevaluation of the waiver.
Commissioner Nelson moved to grant Ubiquity’s request for a Certificate of Authority to provide local exchange and interexchange services in South Dakota, with the restrictions that, for retail purposes, Ubiquity 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 Ubiquity be subject to rural safeguards and grant a waiver of ARSD 20:10:32:10, subject to the condition that Ubiquity not offer switched access services in the state without approval by the Commission and a reevaluation of the waiver. Motion carried 3-0.
2. TC24-017 In the Matter of the Request of Fort Randall Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391660) (Staff Analyst: Joseph Rezac; Staff Attorney: Logan Schaefbauer)
Mr. Bruce Hanson, Fort Randall Telephone Company requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Mr. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request.
3. TC24-020 In the Matter of the Request of City of Brookings Municipal Telephone for Certification Regarding Its Use of Federal Universal Service Support
(Study Area: 391650) (Staff Analyst: Joseph Rezac; Staff Attorney: Logan Schaefbauer)
Mr. Benjamin Dickens, Blooston, Mordkofsky, Dickens, Duffy and Prendergast, representing City of Brookings Municipal Telephone requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Mr. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request.
4. TC24-023 In the Matter of the Request of Alliance Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 391405, 391642, 391657 and 399024) (Staff Analyst: Joseph Rezac; Commission Attorney: Kristen Edwards)
Ms. Meredith Moore, Cutler Law Firm, LLP, representing Alliance Communications Cooperative Inc., requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Mr. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request.
5. TC24-024 In the Matter of the Request of West River Telecommunications Cooperative for Certification Regarding Its Use of Federal Universal Service Support (Study Area: Mobridge - 391671) (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Ms. Darla Pollman Rogers, Riter Rogers LLP representing West River Telecommunications Cooperative, requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Mr. Patrick Steffensen, staff analyst, recommended the Commission grant the company’s request.
Commissioner Fiegen moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in each of the above dockets. 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 approve the launch date for the bill redesign, updated customer information brochure and tariff revisions, with an effective date of September 1, 2024. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the company’s request.
Commissioner Nelson moved to approve bill redesign, updated customer information brochure and tariff revisions, with an effective date of September 1, 2024. Motion carried 3-0.
2. EL24-019 In the Matter of the Request by Rushmore Crossing Associates, LLC for a Variance from the Individual Metering Requirement in ARSD 20:10:26:03(1) for the Rushmore Crossing Shopping Center in Rapid City (Staff Analyst: Eric Paulson; Staff Attorney: Logan Schaefbauer)
A lengthy discussion took place for docket EL24-019. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, July 19, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc07192024.mp3.
Commissioner Nelson moved to grant Rushmore Crossing’s request for a variance.
Commissioner Fiegen moved a substitute motion to find that there was good cause to extend the time for a decision on the application beyond 60 days and, accordingly, to defer the matter to a later date. Motion carried 3-0.
3. EL24-023 In the Matter of the Application by Deuel Harvest Wind Energy South LLC for Energy Facility Permits of a Wind Energy Facility and a 345-kV Transmission Facility in Deuel County, South Dakota, for the South Deuel Wind Project (Staff Analysts: Darren Kearney and Jon Thurber; Staff Attorneys: Amanda Reiss and Logan Schaefbauer)
Ms. Amanda Reiss, staff attorney, requested the Commission assess a filing fee for actual expenses related to the general rate case not to exceed $510,500 with an initial deposit pursuant to state law; and authorize the Executive Director authority to enter into necessary consulting contracts. Ms. Lisa Agrimonti, Fredrikson & Byron, P.A., representing Deuel Harvest Wind Energy South LLC, supported the request.
Commissioner Nelson moved to assess a filing fee for actual expenses not to exceed $510,500 with an initial deposit of $20,000 to account for actual expenses; and authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.
Natural Gas
1. NG24-006 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of Its Authority to Discontinue North Deadwood Expansion Area Surcharge Rate 75 (Staff Analyst: Patrick Steffensen; Staff Attorney: Logan Schaefbauer)
Ms. Stephanie Bosch, Montana-Dakota Utilities Co., requested the Commission grant to discontinue the North Deadwood Expansion Area Surcharge Rate 75, and approve associated tariff revisions with an effective date of August 1, 2024. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the company’s requests.
Commissioner Fiegen moved to grant Montana-Dakota Utilities Co.’s request to discontinue the New Deadwood Expansion Area Surcharge Rate 75 and approve associated tariff revisions with an effective date of August 1, 2024. Motion carried 3-0.
Grain Warehouse
1. GW24-001 In the Matter of PUC Staff’s Complaint Against
Yield10 Bioscience, Inc. of Woburn, MA (Grain Warehouse Manager: Cody Chambliss; Staff Attorneys: Amanda Reiss and Logan Schaefbauer)
A lengthy discussion took place for docket GW24-001. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, July 19, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc07192024.mp3.
Commissioner Fiegen moved to issue a civil penalty fine of $15,000 for violations of SDCL 49-45-26 and 49-45-26, the payment shall be made within 30 days of this order. Motion carried 3-0.
Public Comment
Mr. John Schmidt made public comments about renewable energy and climate change.
There being no further business, at the hour of 11:09 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
July 19, 2024
