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South Dakota Public Utilities Commission Meeting
August 27, 2024, at 9:30 A.M. CDT
Room 414, 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; Staff Attorneys Amanda Reiss and Logan Schaefbauer; Staff Legal Analyst Jennie Fuerst; Staff Analysts Darren Kearney, Brittany Mehlhaff, Joseph Rezac, Patrick Steffensen and Jon Thurber; and Administrative Staff Mikayla Frick.
Also present were Darla Pollman Rogers, Riter Rogers LLP, representing City of Faith, RC Technologies, and Valley Telecommunications Cooperative Association, Inc.; Ellie Bailey and Emily Easton, Riter Rogers LLP, representing Clarity Telecom, LLC dba Bluepeak Fiber; Jason Keil and Mark Lux, Black Hills Power, Inc. dba Black Hills Energy; William Van Camp, Olinger Lovald, McCahren & Van Camp, P.C., representing Leola Data Center, LLC; Brett Koenecke, May Adam, representing Montana-Dakota Utilities Co., a Subsidiary of MDU Resource Group Inc. (MDU); and Brian Rounds, AESL Consulting.
Joining the meeting by telephone were Commission Advisor Greg Rislov; Ryan Taylor, Cutler Law Firm, LLP, representing TrioTel Communications, Inc.; Heather Kranz, TrioTel Communications, Inc.; Deb Brown, City of Faith Municipal Telephone; Marlene Bennett, Consortia Consulting, representing City of Fatih Municipal Telephone and Valley Telecommunications Cooperative Association, Inc.; Robin Thoreson, RC Technologies; Jeff Symens, Valley Telecommunications Cooperative; Jason Topp, Qwest Corporation dba CenturyLink QC; Carolyn Hadden, Clarity Telecom, LLC dba Bluepeak Fiber; Andi Livingston and Patrick McCann, Midcontinent Communications; Harold Barr, Barr Tell USA Inc.; Kara Semmler, South Dakota Telecommunications Association; Alayna Boyum, Paula Foster, Bryce Haugen, Emily Ketelsen and Jordan Sillerud, Otter Tail Power Company; Haley Waller Pitts, Fredrikson & Byron, P.A., representing Deuel Harvest Wind Energy South LLC; Monica Monterrosa, Invenergy LLC; Arla Hamann Poindexter; Daniel Brown, East River Electric Power Cooperative, Inc.; Vaughn Beck, Beck Law, representing FEM Electric Association, Inc.; Travis Jacobson, MDU; and Jeffrey Decker, NorthWestern Energy Public Service Corporation dba NorthWestern Energy.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, August 27, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc08272024.mp3.
Administration
1. Approval of the Minutes of the Commission Meeting Held on August 13, 2024 (Staff: Janeth Merriman)
Commissioner Hanson moved to approve the Minutes of the Commission Meeting held on August 13, 2024. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 70 contacts since the last report was prepared for the August 13, 2024, Commission meeting.
Six contacts were related to telecommunications services, 17 contacts were related to electric services, three contacts were related to natural gas services, one contact was related to gas and electric services, nine contacts were related to wireless services, two contacts were related to the Do Not Call Registry, seven contacts were related to wind energy, two contacts were referred to South Dakota One Call, and 23 contacts were related to issues not regulated by the PUC.
831 of the 849 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 TC24-022, TC24-028, TC24-029, TC24-031, TC24-032, TC24-036 and TC24-037
TC24-022 In the Matter of the Request of TrioTel Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: McCook 391669 and Tri-County Telecom 391682) (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Ryan Taylor, Cutler Law Firm LLP, representing TrioTel Communications 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.
TC24-028 In the Matter of the Request of City of Faith Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391653) (Staff Analyst: Patrick Steffensen; Commission Attorney: Kristen Edwards)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing City of Faith Municipal 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.
TC24-029 In the Matter of the Request of RC Technologies for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391674) (Staff Analyst: Patrick Steffensen; Commission Attorney: Kristen Edwards)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing RC Technologies, 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.
TC24-031 In the Matter of the Request of Valley Telecommunications Cooperative Association, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391685) (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Valley Telecommunications Cooperative Association 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.
TC24-032 In the Matter of the Request of Qwest Corporation dba CenturyLink QC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 395145) (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, 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. Topp responded to Commissioners’ questions but was unable to respond to all questions at this time and will provide responses to outstanding questions in the docket at a later time.
Chairperson Fiegen deferred the docket to a later meeting.
TC24-036 In the Matter of the Request of Clarity Telecom, LLC dba Bluepeak Fiber for Certification Regarding Its Use of Federal Universal Service Support (Study Area: ILEC–391652 and CLEC–399006) (Staff Analyst: Joseph Rezac; Commission Attorney: Kristen Edwards)
Ms. Ellie Bailey, Riter Rogers LLP, representing Clarity Telecom, LLC dba Bluepeak Fiber 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. Ms. Bailey and Ms. Carolyn Hadden, Clarity Telecom LLC dba Bluepeak Fiber, responded to Commissioners’ questions but were unable to respond to all questions at this time and will provide responses to outstanding questions in the docket at a later time.
Chairperson Fiegen deferred the docket to a later meeting.
TC24-037 In the Matter of the Request of Midcontinent Communications for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399005) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Kristen Edwards)
Mr. Patrick McCann, Midcontinent Communications, 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. Commissioner Nelson requested additional information be filed in the docket.
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 dockets TC24-022, TC24-028, TC24-029, TC24-031 and TC24-037. 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)
Mr. Harold Barr, Barr Tell USA Inc. (Barr Tell), requested the Commission grant Barr Tell’s request for a Certificate of Authority to provide local exchange and interexchange services in South Dakota and grant a waiver of ARSD 20:10:24:02(9) and ARSD 20:10:32:03(12). Ms. Brittany Mehlhaff, staff analyst, recommended the Commission grant the requested waivers and grant the certificates of authority with the conditions that, for retail purposes, Barr Tell not offer any prepaid services including prepaid calling cards and not accept or require any deposits or advance payments without prior approval of the Commission and subject to rural safeguards and the terms and conditions as set forth in the Joint Stipulation filed by SDTA and Barr Tell. Ms. Kara Semmler, SDTA, requested that the Commission adopt the terms of the Settlement Stipulation if the Commission grants Barr Tell Certificates of Authority.
Commissioner Hanson moved to grant Barr Tell’s request for a Certificate of Authority to provide local exchange and interexchange services in South Dakota, subject to the conditions recommended by staff and the terms and conditions as set forth in the Joint Stipulation and grant a waiver of ARSD 20:10:24:02(9) and ARSD 20:10:32:03(12). Motion carried 3-0.
Electric
1. EL24-020 In the Matter of Otter Tail Power Company’s Petition for Approval of Rate Schedule, Section 13.09, Phase-In Rider (Staff Analyst: Patrick Steffensen; Staff Attorney: Logan Schaefbauer)
Ms. Paula Foster, Otter Tail Power Company, asked that the Commission approve the proposed Phase-In Rider Rates and revised tariff sheets with an effective date of September 1, 2024. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve Otter Tail Power Company’s request. Mr. Bryce Haugen, Otter Tail Power Company, responded to Commissioners’ questions.
Commissioner Fiegen moved to approve Otter Tail Power Company’s Phase-In Rider Rates and revised tariff sheets with an effective date of September 1, 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)
Ms. Arla Hamann Poindexter asked the Commission to grant her Application for Party Status. Ms. Haley Waller Pitts, Fredrikson & Byron P.A., representing Deuel Harvest Wind Energy South LLC, and Ms. Amanda Reiss, staff attorney, did not object to the request.
Commissioner Nelson moved to grant Party Status to Arla Hamann Poindexter. Motion carried 3-0.
3. EL24-026 In the Matter of the Filing by Black Hills Power, Inc. dba Black Hills Energy regarding its Notification of Intent to Apply for a Permit for an Energy Conversion Facility for the Proposed Lange 2 Power Plant Project (Staff Analysts: Darren Kearney, Jon Thurber; Legal Analyst: Jennie Fuerst; Staff Attorneys: Logan Schaefbauer, Amanda Reiss)
Mr. Logan Schaefbauer, staff attorney, summarized staff’s letter filed on August 21, 2024, that identified several options for an affected area and local review committee. Mr. Schaefbauer recommended the Commission designate a 5-mile radius for the affected area. Mr. Jason Keil, representing Black Hills Power Inc. dba Black Hills Energy, did not object to Staff’s recommendation.
Commissioner Hanson moved to designate a local review committee consisting of those persons identified in the staff’s listing for a 5-mile affected area. Motion carried 3-0.
4. EL24-027 In the Matter of the Petition by Leola Data Center LLC to have Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., Assigned as its Electric Provider in the Service Area of FEM Electric Association Inc. (Staff Analyst: Patrick Steffensen; Legal Analyst: Jennie Fuerst; Staff Attorneys: Logan Schaefbauer, Amanda Reiss)
Mr. Travis Jacobson, Montana-Dakota Utilities Co, and Mr. Brett Koenecke, May Adam, representing Montana-Dakota Utilities Co.; Mr. Vaughn Beck, Beck Law, representing FEM Electric Association Inc.; Mr. Daniel Brown, East River Electric Power Cooperative Inc.; and Mr. Ryan Cutler, Cutler Law Firm LLP, representing, Basin Electric Power Cooperative; each asked the Commission to grant their respective petitions to intervene. Mr. William VanCamp, Olinger Lovald, McCahren & VanCamp LLC, representing Leola Data Canter LLC, did not object to the request. Ms. Amanda Reiss, staff attorney, did not object to the requests.
CommissionerNelson moved the Commission grant Montana-Dakota Utilities Co., FEM Electric Association Inc., East River Electric Power Cooperative, Inc., and Basin Electric Power Cooperative’s petitions to intervene. Motion carried 3-0.
Natural Gas
1. NG24-007 In the Matter of the Filing by NorthWestern Energy Public Service Corporation dba NorthWestern Energy for Approval of an Amended and Restated Contract with Deviations with L.G. Everist, Incorporated (Staff Analyst: Patrick Steffensen; Staff Attorney: Logan Schaefbauer)
Mr. Jeffrey Decker, NorthWestern Corporation dba NorthWestern Energy, requested the Commission approve the amended and restated contract with deviations with L.G. Everist, Incorporated and the associated tariff revisions with an effective date of September 1, 2024. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the company’s request.
Commissioner Hanson moved to approve NorthWestern Energy’s amended and restated contract with deviations with L.G. Everist, Incorporated and the associated tariff revisions with an effective date of September 1, 2024. Motion carried 3-0.
Items for Commission Discussion
Ms. Leah Mohr, deputy executive director, announced that representatives of Otter Tail Power Company would be unable to travel to Pierre for the company’s scheduled August 27, 2024, 1:30 p.m. informational update due to transportation issues. Commissioners advised to hold the scheduled meeting via teleconference at the time it was noticed in Room 414 of the State Capitol.
There being no further business, at the hour of 11:00 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
August 27, 2024
