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South Dakota Public Utilities Commission Meeting
August 13, 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 Legal Analyst Jennie Fuerst; Staff Analysts Brittany Mehlhaff, Eric Paulson, Joseph Rezac and Patrick Steffensen; Pipeline Safety Inspector Boice Hillmer; and Administrative Staff Mikayla Frick.

            Also present were Darla Pollman Rogers, Riter Rogers LLP, representing Golden West Telecommunications, Jefferson Telephone Company, Venture Communications Cooperative and Venture Vision, Inc.; Fay Jandreau, Venture Communications Cooperative; Kara Semmler, South Dakota Telecommunications Association; Travis Jacobson and Darcy Neigum, Montana-Dakota Utilities Co., a Subsidiary of MDU Resource Group, Inc.; and Bob Mercer, KELO Media Group.

            Joining the meeting by telephone were Tracy Bandemer, Interstate Telecommunications Cooperative, Inc. and Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc.; Janelle Jessen, Venture Communications Cooperative and Venture Vision, Inc.; Doug Eidahl, Vantage Point Solutions, representing Santel Communications Cooperative Inc.; Ryan Thompson, Santel Communications Cooperative Inc.; Denny Law and Jill Reinert, Golden West Telecommunications Cooperative, Inc.; Marlene Bennett, Consortia Consulting, representing Kennebec Telephone Company; Matt Collins, Kennebec Telephone Co., Inc.; Paul Bergmann, Jefferson Telephone Company; Eric Kahler, Tori Kling and Lyle Reiff, West River Cooperative Telephone Company; Paul Mesenson and Philip Schnacky, JSI Complete Broadband Solutions, representing West River Cooperative Telephone Company; Tyler Duff, Neil Hammer, Sunny Jansen, Gretchen Kraemer, Daniel Rathe, Diane Votino and Sam Wagner, MidAmerican Energy Company; Lisa Agrimonti, Fredrikson & Byron, P.A., representing Deuel Harvest Wind Energy South LLC; Monica Monterrosa, Invenergy LLC; Matthew Holden; Stephanie Bosch, Brad Davidson, Joe Geiger and Tara Vesey, Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group, Inc.; Jeffrey Decker, NorthWestern Corporation dba NorthWestern Energy; Basil Copeland, James Garren, Kavita Maini and Dave Peterson representing PUC Staff;  and Mary Zanter, Pipeline Safety Program Manager.

            An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, August 13, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc08132024.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 July 19 and 30, 2024 (Staff: Janeth Merriman and Leah Mohr)

            Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on July 19 and 30, 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 55 contacts since the last report was prepared for the July 30, 2024, Commission meeting.

            Five contacts were related to telecommunications services, 22 contacts were related to electric services, one contact was related to natural gas services, seven contacts were related to wireless telecommunications services, three 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, one contact was related to carbon pipelines and nine contacts were related to issues not regulated by the PUC.

            768 of the 779 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 TC24-015, TC24-016, TC24-018, TC24-019, TC24-021, TC24-025, TC24-030, TC24-033 and TC24-038

           TC24-015        In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. (ILEC) for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391654) (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

           Ms. Tracy Bandemer, Interstate Telecommunications 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.  Ms. Brittany Mehlhaff, staff analyst, recommended the Commission grant the company’s request.

            TC24-016        In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. (CLEC) for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399013) (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

           Ms. Tracy Bandemer, Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, 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. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission grant the company’s request.

            TC24-018        In the Matter of the Request of Venture Vision, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399025) (Staff Analyst: Joseph Rezac; Staff Attorney: Logan Schaefbauer)

           Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Venture Vision, 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.

            TC24-019        In the Matter of the Request of Venture Communications Cooperative for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391680) (Staff Analyst: Joseph Rezac; Staff Attorney: Logan Schaefbauer)

           Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Venture Communications 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. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request.

            TC24-021        In the Matter of the Request of Santel Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391676) (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

           Mr. Doug Eidahl, Vantage Point Solutions, representing Santel 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. Patrick Steffensen, staff analyst, recommended the Commission grant the company’s request.

            TC24-025        In the Matter of the Request of Golden West Telecommunications Cooperative, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: Armour-391640, Golden West Telecom-391659, Kadoka-391667, Sioux Valley-391677, Union-391684, Vivian-391686) (Staff Analyst: Joseph Rezac; Staff Attorney: Logan Schaefbauer)

           Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Golden West Telecommunications 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. Mr. Denny Law, Golden West Telecommunications Cooperative, Inc., responded to Commissioners’ questions.

           TC24-030        In the Matter of the Request of Kennebec Telephone Co., Inc. for Certification Regarding its Use of Federal Universal Service Support (Study Area 391668) (Staff Analyst: Patrick Steffensen; Staff Attorney: Logan Schaefbauer)

            Ms. Marlene Bennett, Consortia Consulting, representing Kennebec 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. Patrick Steffensen, staff analyst, recommended the Commission grant the company’s request.

           TC24-033        In the Matter of the Request of Jefferson Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391666) (Staff Analyst: Joseph Rezac; Staff Attorney: Logan Schaefbauer)

           Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Jefferson 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.

           TC24-038        In the Matter of the Request of West River Cooperative Telephone Company Certification Regarding Its Use of Federal Universal Service Support (Study Area 391689) (Staff Analyst: Patrick Steffensen; Commission Attorney: Kristen Edwards)

           Mr. Eric Kahler, West River Cooperative 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. Patrick Steffensen, staff analyst, recommended the Commission grant the company’s request.

           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.

2.         TC24-039        In the Matter of the Application of Barr Tell USA Inc. for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in the State of South Dakota (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

           Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA), asked the Commission to grant SDTA’s petition to intervene. Barr Tell USA Inc. did not appear. Ms. Amanda Reiss, staff attorney, did not object to the request.

Commissioner Fiegen moved the Commission grant SDTA’s petition to intervene. Motion carried 3-0.

Electric

1.         EL24-022        In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions to its Rates for Cogeneration and Small Power Production Facilities (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

            Ms. Gretchen Kraemer, MidAmerican Energy Company, requested that the Commission approve MidAmerican Energy Company’s tariff revisions with an effective date of August 15, 2024. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve the request.

            Commissioner Hanson moved that the Commission find the company does not need to give the customer the full 30 days’ notice and to approve the company’s requested tariff revisions effective August 15, 2024. Motion carried 3-0.

2.         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)

            Mr. Matthew Holden asked the Commission to grant his Application for Party Status. Ms. Lisa Agrimonti, Fredrikson & Byron, P.A., representing Deuel Harvest Wind Energy South LLC, and Mr. Logan Schaefbauer, staff attorney, did not object to the request.

            Commissioner Fiegen moved to grant Party Status to Matthew Holden. Motion carried 3-0.

3.         EL23-020        In the Matter of the Application of Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. for Authority to Increase its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)

           A lengthy discussion took place for docket EL23-020. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, August 13, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc08132024.mp3.

           Commissioner Nelson moved to grant the Joint Motion for Approval of Settlement Stipulation and approve the rates, tariff sheets, terms and conditions stipulated therein, including the Interim Refund Plan. Motion carried 3-0.

Natural Gas

1.         NG24-004        In the Matter of the Filing by MidAmerican Energy Company for Approval of Its 2023 Economic Development Activities and 2024 Proposed Budget (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

           Ms. Gretchen Kraemer and Mr. Sam Wegner, MidAmerican Energy Company, asked that the Commission approve the proposed 2023 Economic Development Activities and 2024 Proposed Budget. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve MidAmerican Energy Company’s request.

           Commissioner Hanson moved to approve MidAmerican Energy Company’s 2023 Economic Development Activities and 2024 Proposed Budget. Motion carried 3-0.

2.      NG24-008        In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Five Shot RNG, LLC (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

           Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the contract with Five Shot RNG, LLC and the associated tariff revisions with an effective date of September 1, 2024. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request.

           Commissioner Nelson moved to approve NorthWestern Energy’s contract with deviations with Five Shot RNG, LLC and the associated tariff revisions with an effective date of September 1, 2024. Motion carried 3-0.

3.      NG24-009       In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Moccasin Creek RNG, LLC (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

           Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the contract with Moccasin Creek RNG, LLC and the associated tariff revisions with an effective date of September 1, 2024. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request.

           Commissioner Nelson moved to approve NorthWestern Energy’s contract with deviations with Moccasin Creek RNG, LLC and the associated tariff revisions with an effective date of September 1, 2024. Motion carried 3-0.

4.      NG23-014       In the Matter of the Application of Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)

           A lengthy discussion took place for docket NG23-014. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, August 13, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc08132024.mp3.

           Commissioner Hanson moved to grant the Joint Motion for Approval of Settlement Stipulation and approve the rates, tariff sheets, terms and conditions stipulated therein, including the Interim Refund Plan. Motion carried 3-0.

            There being no further business, at the hour of 12:02 p.m., the South Dakota Public Utilities Commission meeting adjourned.

 

  /s/ Janeth A. Merriman                 .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
August 13, 2024