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South Dakota Public Utilities Commission Meeting
September 10, 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; Staff Attorneys Amanda Reiss and Logan Schaefbauer; Staff Legal Analyst Jennie Fuerst; Staff Analysts Darren Kearney, Eric Paulson, Joseph Rezac, Patrick Steffensen and Jon Thurber; Consumer Affairs Manager Deb Gregg; and Administrative Staff Mikayla Frick.
Also present were Darla Pollman Rogers, Riter Rogers LLP, representing Local Exchange Carriers Association; Ellie Bailey, Riter Rogers LLP, representing Clarity Telecom, LLC dba Bluepeak Fiber and Cheyenne River Sioux Tribe Telephone Authority; Daniel Brown, East River Electric Power Cooperative, Inc.; Kara Semmler, South Dakota Telecommunications Association; and State Senator Jim Mehlhaff.
Joining the meeting by telephone were Ryan Taylor, Cutler Law Firm, LLP, representing Midstate Communications, Inc.; Chad Mutziger, Midstate Communications, Inc.; Kenneth White Eyes, Cheyenne River Sioux Tribe Telephone Authority; Marlene Bennett, Consortia Consulting, representing Beresford Municipal Telephone Company and Local Exchange Carriers Association; Austin Hansen, Beresford Municipal Telephone Company; Jon Boike, JSI representing Clarity Telecom, LLC dba Bluepeak Fiber; Daryl Elcock and Carolyn Hadden, Clarity Telecom, LLC dba Bluepeak Fiber; Jason Topp, Qwest Corporation dba CenturyLink QC; Mark Hoffman, East River Electric Power Cooperative, Inc.; Kevin Abram, Rushmore Crossing Associates, LLC; Jason Keil and Travis Powrie, Black Hills Power, Inc. dba Black Hills Energy; Arvid Swanson, The Law Practice of Arvid J. Swanson, representing Lake Cochrane Improvement Association, Inc.; Lisa Agrimonti, Fredrikson & Byron, P.A., representing Deuel Harvest Wind Energy South LLC; and Monica Monterrosa, Invenergy LLC.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, September 10, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc09102024.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 August 27, 2024 (Staff: Janeth Merriman)
Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on August 27, 2024. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 91 contacts since the last report was prepared for the August 27, 2024, Commission meeting.
Three contacts were related to telecommunications services, 69 contacts were related to electric services, one contact was related to natural gas services, four contacts were related to wireless services, four contacts were related to the Do Not Call Registry, one contact was related to wind energy, one contact was referred to South Dakota One Call, and eight contacts were related to issues not regulated by the PUC.
920 of the 940 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 TC24-027, TC24-032, TC24-034, TC24-035 and TC24-036
TC24-027 In the Matter of the Request of Midstate Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: ILEC-391670 and CLEC-399011) (Staff Analyst: Patrick Steffensen; Commission Attorney: Kristen Edwards)
Mr. Ryan Taylor, Cutler Law Firm LLP, representing Midstate 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. Patrick Steffensen, staff analyst, recommended the Commission grant the company’s request. Mr. Chad Mutziger, Midstate Communications, Inc., responded to Commissioners’ questions.
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)
A lengthy discussion took place for docket TC24-032. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, September 10, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc09102024.mp3.
TC24-034 In the Matter of the Request of Cheyenne River Sioux Tribe Telephone Authority for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391647) (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Ms. Ellie Bailey, Riter Rogers LLP, representing Cheyenne River Sioux Tribe Telephone Authority, 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. Mr. Kenneth White Eyes, Cheyenne River Sioux Tribe Telephone Authority, responded to Commissioners’ questions.
TC24-035 In the Matter of the Request of Beresford Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391649) (Staff Analyst: Joseph Rezac; Commission Attorney: Kristen Edwards)
Ms. Marlene Bennett, Consortia Consulting, representing Beresford 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. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request.
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. Daryl Elcock, Clarity Telecom, LLC dba Bluepeak Fiber, responded to Commissioners’ 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.
TC24-026 In the Matter of the Filing by Local Exchange Carriers Association for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Joseph Rezac; Staff Attorney: Logan Schaefbauer)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Local Exchange Carriers Association, requested the Commission approve the company’s requested tariff revisions with an effective date of July 2, 2024. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the association’s request.
Commissioner Hanson moved to approve the company’s requested tariff changes effective July 2, 2024. Motion carried 3-0.
Electric
1. EL24-011 In the Matter of the Application by East River Electric Power Cooperative, Inc. for a Permit to Construct a WAPA North Bend to Pratt 230kV Transmission Line (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Mr. Daniel Brown, East River Electric Power Cooperative, Inc., asked that the Commission approve the Joint Motion for Approval of Settlement Stipulation and issue a permit to construct the Project. Ms. Amanda Reiss, staff attorney, recommended that the Commission approve the Joint Motion with terms and conditions as set forth in the Settlement Stipulation filed on August 29, 2024.
Commissioner Fiegen moved to grant the Joint Motion for Approval of Settlement Stipulation, subject to the terms and conditions as set forth in the Settlement Stipulation and issue a permit to construct the Project. 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)
Mr. Kevin Abram, Rushmore Crossing Associates, LLC asked the Commission to grant the request for a variance from the individual metering requirement of ARSD 20:10:26:03(1). Mr. Logan Schaefbauer, staff attorney, did not object to the request. Mr. Jason Keil, Black Hills Power, Inc. dba Black Hills Energy, requested the Commission deny the request for a variance.
Commissioner Nelson moved to grant the request by Rushmore Crossing for a variance from individual metering requirement of ARSD 20:10:26:03(1). Motion carried 2-1. Commissioner Fiegen dissenting.
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: Jon Thurber, Darren Kearney; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Mr. Arvid Swanson, The Law Practice of Arvid J. Swanson, representing Lake Cochrane Improvement Association, asked the Commission to grant Lake Cochrane Improvement Association Application for Party Status. Party status applicants Jay Grabow and Josh Bakaert did not appear. Ms. Lisa Agrimonti, Fredrikson & Byron P.A., representing Deuel Harvest Wind Energy South LLC, and Ms. Amanda Reiss, staff attorney, did not object to the requests.
Commissioner Fiegen moved to grant Party Status to Lake Cochrane Improvement Association, Jay Grabow, and Josh Bekaert. Motion carried 3-0.
4. EL24-029 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2025 Infrastructure Rider Project Eligibility and Factor Update (Staff Analyst: Eric Paulson; Staff Legal Analyst: Jennie Fuerst; Staff Attorney: Logan Schaefbauer)
Mr. Logan Schaefbauer, staff attorney, requested the Commission assess a filing fee for actual expenses incurred in review of this filing commencing from the filing date in the amount of up to $250,000 and authorize the Executive Director to enter into necessary consulting contracts.
Commissioner Nelson moved to assess a filing fee in the amount of up to $250,000 to account for actual expenses incurred in review of this filing commencing from the filing date and authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.
5. EL24-030 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2025 Transmission Cost Recovery Eligibility and Rate Adjustment (Staff Analyst: Eric Paulson; Staff Legal Analyst: Jennie Fuerst; Staff Attorney: Logan Schaefbauer)
Mr. Logan Schaefbauer, staff attorney, requested the Commission assess a filing fee for actual expenses incurred in review of this filing commencing from the filing date in the amount of up to $50,000.
Commissioner Nelson moved to assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Motion carried 3-0.
There being no further business, at the hour of 10:45 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
September 10, 2024
