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South Dakota Public Utilities Commission Meeting
July 30, 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 Gary Hanson and Commissioner Chris Nelson; Commission Attorney Kristen Edwards; Commission Advisor Greg Rislov; Staff Attorneys Amanda Reiss and Logan Schaefbauer; Staff Analysts Darren Kearney, Brittany Mehlhaff and Jon Thurber; Consumer Affairs Manager Deb Gregg; and Administrative Staff Mikayla Frick.
Also present were James Groft, Northern Valley Communications LLC, James Valley Cooperative Telephone Company and James Valley Wireless LLC; Ian Dobson, Rebecca Eilers, Matt Harris, Al Krug and Pam Gorman Prochaska, Northern States Power Company dba Xcel Energy; Jason Glodt representing Gevo Net-Zero 1 LLC; and Bob Mercer, KELO Media Group.
Joining the meeting by telephone were James Cremer, Bantz, Gosch & Cremer LLC, representing Northern Valley Communications LLC, James Valley Cooperative Telephone Company and James Valley Wireless LLC; Christopher Arend and Michael Donahue, Northern States Power Company dba Xcel Energy; Kavita Maini representing PUC Staff; Christian Petersen, Gevo Inc.; Todd Guerrero, Kutak Rock LLP, representing Dakota Renewable Hydrogen LLC; Danny Brown, East River Electric Power Cooperative Inc.; Todd Wilkinson, Wilkinson & Schumacher Law Prof LLC, representing Kingsbury Electric Cooperative Inc.; and Robert Endris and Chris Waltz, Otter Tail Power Company.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, July 30, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc07302024.mp3.
(Note): For the purpose of continuity, these minutes match the agenda and are not necessarily in chronological order.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 36 contacts since the last report was prepared for the July 19, 2024, Commission meeting.
Six contacts were related to telecommunications services, 11 contacts were related to electric services, two contacts were related to natural gas services, three contacts were related to wireless telecommunications services, three contacts were related to the Do Not Call Registry, two contacts were related to wind energy, three contacts were referred to South Dakota One Call, and six contacts were related to issues not regulated by the PUC.
717 of the 724 contacts received in 2024 have been resolved.
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC24-012, TC24-013 and TC24-014
TC24-012 In the Matter of the Request of Northern Valley Communications, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 399017 and 396340) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Kristen Edwards)
Ms. Brittany Mehlhaff, staff analyst, recommended the Commission grant Northern Valley Communications, LLC’s request to provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Mr. James Groft, Northern Valley Communications, LLC, answered commissioner questions.
TC24-013 In the Matter of the Request of James Valley Cooperative Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391664) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Kristen Edwards)
Ms. Brittany Mehlhaff, staff analyst, recommended the Commission grant James Valley Cooperative Telephone Company’s request to provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Mr. James Groft, James Valley Cooperative Telephone Company, answered commissioner questions.
TC24-014 In the Matter of the Request of James Valley Wireless, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399014) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Kristen Edwards)
Ms. Brittany Mehlhaff, staff analyst, recommended the Commission grant James Valley Wireless, LLC’s request to provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Mr. James Groft, James Valley Wireless, LLC, answered commissioner questions.
Commissioner Nelson 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. EL23-025 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2024 Infrastructure Rider Project Eligibility and Factor Update (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket EL23-025. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, July 30, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc07302024.mp3.
Commissioner Hanson moved to approve Xcel Energy’s revised 2024 Infrastructure Rider revenue requirements, revised 2024 Infrastructure Rider Adjustment factor and revised tariff sheet with an effective date of September 1, 2024. Commissioner Fiegen moved a substitute motion to approve the Infrastructure Rider Adjustment Factor of $0.002504 per kWh effective September 1, 2024, as provided in Xcel’s July 19, 2024 filing, excluding the payments to the Prairie Island Indian Community, without prejudice, and to allow deferral accounting for the Prairie Island Indian Community payments until a future rate case after Xcel has either been granted or denied a life extension for the Prairie Island Nuclear Generating Plant. Motion carried 3-0.
2. EL24-024 In the Matter of the Petition of Gevo Net-Zero 1, LLC to have Kingsbury Electric Cooperative, Inc. Assigned as its Electric Provider in the Service Area of Otter Tail Power Company (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Mr. Todd Wilkinson, Wilkinson & Schumacher Law Prof LLC, representing Kingsbury Electric Cooperative Inc.; Mr. Danny Brown, East River Electric Power Cooperative Inc.; and Mr. Robert Endris, Otter Tail Power Company, asked the Commission to grant their respective petitions to intervene. Mr. Christian Petersen, Gevo Inc., and Mr. Logan Schaefbauer, staff attorney, did not object to the request. Mr. Jason Glodt introduced himself as in-state counsel representing Gevo Net-Zero 1 LLC.
Commissioner Fiegen moved the Commission grant Kingsbury Electric Cooperative Inc., East River Electric Power Cooperative Inc., and Otter Tail Power Company’s petitions to intervene. Motion carried 3-0.
3. EL24-025 In the Matter of the Petition of Dakota Renewable Hydrogen, LLC to have Kingsbury Electric Cooperative, Inc. Assigned as its Electric Provider in the Service Area of Otter Tail Power Company (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Mr. Todd Wilkinson, Wilkinson & Schumacher Law Prof LLC, representing Kingsbury Electric Cooperative Inc.; Mr. Danny Brown, East River Electric Power Cooperative Inc.; and Mr. Robert Endris, Otter Tail Power Company asked the Commission to grant their respective petitions to intervene. Mr. Todd Guerrero, Kutak Rock LLP, representing Dakota Renewable Hydrogen LLC, and Mr. Logan Schaefbauer, staff attorney, did not object to the request.
Commissioner Fiegen moved the Commission grant Kingsbury Electric Cooperative Inc., East River Electric Power Cooperative Inc., and Otter Tail Power Company’s petitions to intervene. Motion carried 3-0.
Items for Commission Discussion
Commissioner Fiegen and Commissioner Nelson asked representatives of Xcel Energy questions related to the October 2023 outage at the company’s Prairie Island Nuclear Generating Plant including the cause, associated insurance payments, repair and maintenance of the facility. Ms. Rebecca Eilers and Mr. Al Krug, Northern States Power Company dba Xcel Energy, answered questions. In response to Commissioner Nelson’s questions, Ms. Brittany Mehlhaff, staff analyst, described information provided to PUC staff by Xcel staff regarding replacement power costs and fuel clause adjustments and the expectation of receiving additional information from Xcel that will allow PUC staff to perform a robust analysis.
There being no further business, at the hour of 11:24 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
July 30, 2024
