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South Dakota Public Utilities Commission Meeting
December 3, 2024, at 9:30 A.M. CST
Matthew Training Center, Foss 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 Jennie Fuerst, Amanda Reiss and Logan Schaefbauer; Finance Manager Cindy Kemnitz; Staff Analysts Darren Kearney, Brittany Mehlhaff, Eric Paulson, Joseph Rezac, Patrick Steffensen and Jon Thurber; Consumer Affairs Manager Deb Gregg; Deputy Executive Director Leah Mohr; and Administrative Staff Janeth Merriman.

           Also present were Kara Semmler, South Dakota Telecommunications Association; Jason Glodt, representing Gevo Net-Zero 1 and Dakota Renewable Hydrogen, LLC; Daniel Brown, East River Electric Power Cooperative Inc.; William VanCamp, Olinger, Lovald, McCahren & Van Camp, P.C., representing Leola Data Center, LLC; and Brett Koenecke, May Adam, Gerdes & Thompson LLP, representing Montana-Dakota Utilities Co.

            Joining the meeting by telephone were Carey Roesel, Inteserra Consulting Group, Inc., representing IM Telecom, LLC dba Infiniti Mobile; Andrew Whitelock, IM Telecom, LLC dba Infiniti Mobile; Danielle Burt, Morgan, Lewis and Bockius LLP, representing ImOn Communications, LLC; Robert Endris, Otter Tail Power Company; Christian Petersen, Gevo Inc.; Todd Guerrero, Dakota Renewable Hydrogen LLC; Todd Wilkinson, Wilkinson & Schumacher Law Prof LLC, representing Kingsbury Electric Cooperative, Inc.; Meredith Moore, Cutler Law Firm, LLP, representing Basin Electric Power Cooperative; and Stephanie Bosch, Montana-Dakota Utilities Co.

            An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, December 3, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc12032024.mp3.

Administration

1.         Approval of the Minutes of the Commission Meeting Held on November 19, 2024 (Staff: Janeth Merriman)

            Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on November 19, 2024. Motion carried 3-0.

Consumer Reports

1.         Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)

            The Commission received a total of 32 contacts since the last report was prepared for the November 19, 2024, Commission meeting.

            One contact was related to telecommunications services, five contacts were related to electric services, four contacts were related to natural gas services, three contacts were related to wireless services, eight contacts were related to carbon pipelines, one contact was related to wind energy, one contact was referred to One Call and nine contacts were related to issues not regulated by the PUC.

           1,193 of the 1,210 contacts received in 2024 have been resolved.

Telecommunications

1.        In the Matter of the Failure of Certain Telecommunications Companies to Timely Pay their Gross Receipts Tax (Finance Manager: Cindy Kemnitz)

           Ms. Kemnitz asked the Commission to remove action on Patriot Mobile, LLC.

           Ms. Kemnitz asked that the Commission issue an order to show cause for the following companies that have failed to timely pay their gross receipts tax as required by SDCL 49-1A:

           Approved Contact, LLC
           COMTECH21, LLC
           Rocket Mobile, LLC
           Sarver Corporation
           Square Mobile, Inc.
           WeIncentivize LLC dba Chosen Wireless

            Commissioner Nelson moved to issue an Order to Show Cause as to why the Commission should not fine, and/or suspend or revoke the Certificates of Authority of Approved Contact, LLC, COMTECH21, LLC, Rocket Mobile, LLC, Sarver Corporation, Square Mobile, Inc., WeIncentivize LLC dba Chosen Wireless for failure to pay the requisite gross receipts tax. Motion carried 3-0.

2.      TC24-003        In the Matter of the Filing of IM Telecom, LLC dba Infiniti Mobile's Petition for Designation as an Eligible Telecommunications Carrier in the State of South Dakota for the Limited Purpose of Providing Lifeline Service to Qualifying Customers (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Logan Schaefbauer)

           A lengthy discussion took place for docket TC24-003. An audio recording can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, December 3, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc12032024.mp3.

           Commissioner Nelson moved to grant the requested waiver of ARSD 20:10:32:43.02 and Petition for Designation as an Eligible Telecommunication Carrier for the purposes of receiving federal Lifeline universal service support in non-rural areas and incorporate requirements of the stipulation. Motion failed 1-2. Commissioners Fiegen and Hanson dissenting.

           Commissioner Fiegen moved to deny Infiniti Mobile's Petition for Designation as an Eligible Telecommunication Carrier for the purpose of receiving federal Lifeline universal service support. Motion carried 2-1. Commissioner Nelson dissenting.

3.      TC24-040        In the Matter of the Application of ImOn Communications, LLC for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Logan Schaefbauer)

           Ms. Danielle Burt, Morgan, Lewis and Bockius LLP representing ImOn Communications, LLC (ImOn) requested the Commission grant ImOn's request for a Certificate of Authority to provide local exchange and interexchange services in South Dakota. Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA), asks that the Commission incorporate the stipulation into any order that may result. Mr. Eric Paulson, staff analyst, recommended the Commission grant the company's requests, with the conditions that ImOn 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 ImOn be subject to rural safeguards and staff also recommended the Commission incorporate the ImOn and SDTA stipulation within the order.

           Commissioner Hanson moved to grant ImOn's request for a Certificate of Authority to provide local exchange and interexchange services in South Dakota, with the restriction that, for retail purposes ImOn 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 ImOn be subject to rural safeguards and all conditions contained in the Joint Stipulation between ImOn and SDTA. Motion carried 3-0.

Electric

1.      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. Jason Glodt, representing Gevo Net-Zero 1, LLC, requested the Commission approve the Joint Motion for Approval of Settlement Agreement and grant Gevo Net-Zero 1, LLC’s request to have Kingsbury Electric Cooperative, Inc. assigned as its electric provider pursuant SDCL 49-34A-56. Mr. Robert Endris, Otter Tail Power Company and Mr. Todd Wilkinson, Kingsbury Electric Cooperative, Inc., agreed with Mr. Glodt’s request. Mr. Christian Petersen, Gevo, Inc., responded to Commissioners’ questions. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the company’s request.

           Commissioner Nelson moved to approve the Joint Motion for Approval of Settlement Agreement and grant Gevo NetZero 1, LLC’s request to have Kingsbury Electric Cooperative, Inc. assigned as its electric provider pursuant SDCL 49-34A-56. Motion carried 3-0.          

2.      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. Jason Glodt, representing Dakota Renewable Hydrogen, LLC, requested the Commission approve the Joint Motion for Approval of Settlement Agreement and grant Dakota Renewable Hydrogen, LLC’s request to have Kingsbury Electric Cooperative, Inc. assigned as its electric provider pursuant SDCL 49-34A-56. Mr. Robert Endris, Otter Tail Power Company and Mr. Todd Wilkinson, Kingsbury Electric Cooperative, Inc., agreed with Mr. Glodt’s request. Mr. Christian Petersen, Gevo, Inc., responded to Commissioners’ questions. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the company’s request.

           Commissioner Nelson moved to approve the company’s Joint Motion for Approval of Settlement Agreement and grant Dakota Renewable Hydrogen, LLC’s request to have Kingsbury Electric Cooperative, Inc. assigned as its electric provider pursuant SDCL 49-34A-56. Motion carried 3-0.

3.      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; Staff Attorneys: Logan Schaefbauer, Amanda Reiss, Jennie Fuerst)

           Mr. Daniel Brown, East River Electric Power Cooperative, Inc., requested the Commission approve the Joint Agreement for Continuance and Notice of Hearing on Motion for Summary Judgment. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the company’s request.

           Commissioner Nelson moved to approve the parties’ Joint Agreement for Continuance and Notice of Hearing on Motion for Summary Judgment are hereby amended to reflect those deadlines agreed upon in the Joint Agreement. Motion carried 3-0.

4.      EL24-033        In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions to Its Rates for Rate 95 and Rate 96 (Staff Analyst: Joseph Rezac; Staff Attorneys: Logan Schaefbauer, Jennie Fuerst)

           Ms. Stephanie Bosch, Montana-Dakota Utilities Co., requested the Commission approve the company's requested tariff revisions with an effective date of January 1, 2025. Mr. Joseph Rezac recommended the Commission approve the company's request.

           Commissioner Fiegen moved to approve the company's requested tariff changes effective January 1, 2025. Motion carried 3-0.

           There being no further business, at the hour of 10:22 a.m., the South Dakota Public Utilities Commission meeting adjourned.

 

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