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South Dakota Public Utilities Commission Meeting
November 26, 2019, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota

NOTE:  Docket participants who wish to join this meeting by conference call should contact the Commission at 605-773-3201 by 5:00 p.m. CST on Monday, November 25, 2019, to reserve a phone line. Lines are limited and assigned on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. Ultimately, if you wish to participate in docket discussion at the Commission Meeting and a line is not available, you may have to appear in person. 

NOTE:  To listen to the Commission Meeting live please go to the PUC’s website www.puc.sd.gov and click on the LIVE link on the home page. The Commission requests persons who will only be listening to proceedings and not actively appearing in a case listen via the webcast to free phone lines for those who have to appear.  The Commission meetings are archived on the PUC’s website under the Commission Actions tab. Click on “Commission Meeting Archives,” to access the recordings.

NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.

AGENDA OF COMMISSION MEETING

Administration

1.     Approval of Minutes of the Commission Meeting Held on November 12, 2019 (Staff: Joy Lashley)

Consumer Reports

1.     Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)

Electric

1.     EL18-059     In the Matter of Lookout Solar Park I, LLC for a Permit of a Solar Energy Facility in Oglala Lakota County (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorney: Amanda Reiss)

On December 17, 2018, Lookout Solar Park I, LLC (Applicant or Lookout Solar) filed an application to construct an approximately 110 megawatt (MW) solar energy conversion facility with up to 500,000 solar panels and a 230-kV Substation (Project). In addition, Applicant will construct access roads, a generator step-up transformer, an operation and maintenance facility, buried transmission lines, parking areas, and laydown areas for construction. The Project area is on approximately 810 acres of privately-owned land on the Pine Ridge Reservation in Oglala Lakota County, South Dakota. The Project area is located approximately 22 miles east of Buffalo Gap, South Dakota, in Township 41 North (T41N), Range 48 West (R48W), Section 36 and the southern portion of Section 35. The Project is located on individually-owned Indian trust land on the Pine Ridge Reservation. The 230 kV substation will be located on 10 acres of private land located near Cottonwood Cutoff on Section 14 (parcel 003478) in T6S, R8E or in Section 11 (parcel 0034688) in T6S, R8E. On November 19, 2019, Lookout Solar filed a Motion to Extend the Deadline for Commission Action pursuant to SDCL 49-41B-24.1.

     TODAY, shall the Commission grant Lookout Solar’s Motion to Extend the Deadline for Commission Action?

2.     EL18-060     In the Matter of the Filing by Black Hills Power, Inc. dba Black Hills Energy for Approval of a Renewable Ready Service Tariff and Tariff Revisions to Its Energy Cost Adjustment (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)

On December 17, 2018, Black Hills Power, Inc. dba Black Hills Energy (BHP) filed an application to implement a new renewable ready service tariff and associated revisions to its energy cost adjustment tariff. The new tariff would serve commercial retail customers with an aggregate usage of 300,000 kWh or more per year and governmental accounts desiring renewable energy. On February 11, 2019, Walmart, Inc. filed a Petition to Intervene which was granted by the Commission on March 7, 2019. On June 18, 2019, a Joint Motion for Approval of Settlement Stipulation and Settlement Stipulation were filed with the Commission. The Joint Motion was granted and the Settlement Stipulation was approved by Commission Order dated June 27, 2019. On November 1, 2019, BHP filed an Application to Amend the Renewable Ready Service Tariff to allow for a 12.5 MW expansion of the Corriedale Wind Project to meet customer demand for service under this tariff. On November 18, 2019, a Joint Motion for Approval of Amended Settlement Stipulation and Amendment to Settlement Stipulation were filed with the Commission.

     TODAY, shall the Commission grant the Joint Motion for Approval of Amended Settlement Stipulation and approve the terms and conditions stipulated therein? AND, shall the Commission approve the tariff sheet as filed with the application to amend, effective December 10, 2019? OR, how shall the Commission proceed?

3.     EL19-012     In the Matter of the Application by Sweetland Wind Farm, LLC for Facility Permits for a Wind Energy Facility and a 230-kV Transmission Facility in Hand County, South Dakota for the Sweetland Wind Farm Project (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorney: Kristen Edwards)

On March 6, 2019, Sweetland Wind Farm, LLC (Applicant) filed an application for facility permits to construct Sweetland Wind Farm, a wind energy facility located on approximately 20,979 acres of land in Hand County, South Dakota, in the townships of Pearl, Hulbert, and Rose Hill, South Dakota, and a 230-kV transmission line (Project). The total installed capacity of the Project would be approximately 200 MW nameplate capacity. The proposed Project includes up to 71 wind turbine generators, access roads to turbines and associated facilities, underground electrical power collector lines connecting the turbines to the Project substation, an operations and maintenance facility, and temporary construction areas, including crane paths, pull sites, access roads, a laydown yard, and a concrete batch plant(s) (as needed), and four permanent meteorological towers. The Project would interconnect to the regional electric grid along the Western Area Power Administration’s (WAPA) existing Fort Thompson to Huron transmission line via a new switchyard located in Rose Hill Township. The Project will result in the installation of approximately 7 miles of 230-kV overhead transmission line. The Applicant does not currently have a purchase agreement for the Project but is currently in discussions with interested parties. A public input hearing to take public comments regarding the Project was held on April 25, 2019, in Miller, South Dakota. Party status was granted to one individual, Theresa Lichty. On June 26, 2019, Applicant filed a Settlement Stipulation and Joint Motion for Approval of Settlement Stipulation between Applicant and Teresa Lichty. On July 11, 2019, the Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation, Approving the Settlement Stipulation between Applicant and Teresa Lichty, and Granting Withdrawal of Party Status to Theresa Lichty. On July 18, 2019, staff filed a Joint Motion for Approval of Settlement Stipulation and a Settlement Stipulation between Applicant and staff resolving all issues. The Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation; Order Granting Permit to Construct Facility; Notice of Entry (Order) on July 31, 2019. On November 18, 2019, Applicant filed a Request for Approval of Transmission Line Adjustments and a Request for Approval of Turbine Model Change and Turbine Adjustments. The purpose of the requested transmission line adjustment is to accommodate a request by the WAPA. In the turbine model change request, Applicant seeks permission to utilize a turbine not identified at the time of the Order. 

     TODAY, shall the Commission grant Applicant’s Request for Approval of Transmission Line Adjustments? AND, shall the Commission grant Applicant’s Request for Approval of Turbine Model Change and Turbine Adjustments? OR, how shall the Commission proceed?

4.     EL19-026     In the Matter of the Application by Tatanka Ridge Wind, LLC for a Permit of a Wind Energy Facility in Deuel County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber, Joseph Rezac; Staff Attorneys: Kristen Edwards, Amanda Reiss)

On June 17, 2019, the Commission received an Application for a Facility Permit (Application) from Tatanka Ridge Wind, LLC (Tatanka or Applicant), a subsidiary of Avangrid Renewables, LLC. Tatanka proposes to construct a wind energy facility to be located in Deuel County, South Dakota, known as the Tatanka Ridge Wind Project (Project). The Project would be situated within an approximately 27,900-acre project area, located near the towns of Toronto and Brandt (Project Area). The Project Area is in Blom, Brandt, Grange, Hidewood, and Scandinavia Townships. The total installed capacity of the Project would be approximately 155 megawatts (MW) of nameplate capacity. The proposed Project includes up to 56 wind turbine generators, access roads to turbines and associated facilities, above/underground electrical collector lines, communication systems, a collection substation, one permanent meteorological tower, less than 0.5-mile long 345-kV gen-tie transmission line, and an operations and maintenance facility. The Project would interconnect to the regional electric grid via the Astoria substation, a new Otter Tail Power Company interconnection substation scheduled to be operational in 2020, located in Scandinavia Township. Tatanka has entered into two purchase power agreements, one with Google for 98 MW and one with Dairyland Power Cooperative for the balance. The Project is expected to be completed in 2020. Applicant estimates the total construction cost to be $216 million. A public input hearing was held on August 7, 2019. On October 4, 2019, Applicant and staff filed a Settlement Stipulation and Joint Motion for Approval of Settlement Stipulation. On October 22, 2019, the Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation; Order Approving Settlement Stipulation, which resolved all issues with the exception of sound and ice throw and reserved the discussion on whooping cranes. An evidentiary hearing was held on November 4, 2019.

     TODAY, shall the Commission grant, deny, or grant with conditions, a permit for the construction of a wind energy facility to Tatanka Ridge Wind, LLC pursuant to SDCL 49-41B-25? OR, how shall the Commission proceed?

5.     EL19-027     In the Matter of the Application by Crowned Ridge Wind II, LLC for a Permit of a Wind Energy Facility in Deuel, Grant and Codington Counties (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)

On July 9, 2019, the Commission received an Application for a Wind Energy Facility Permit (Application) from Crowned Ridge Wind II, LLC (CRW II), a subsidiary of NextEra Energy Resources, LLC. CRW II proposes to construct a wind energy facility to be located in Codington, Deuel and Grant counties, South Dakota (Project). The Project would be situated within an approximately 60,996-acre project area, located east of the city of Watertown (Project Area). The Project Area is in Waverly, Kranzburg North, Kranzburg South, Troy, Rome, Goodwin, and Havana townships. The total installed capacity of the Project would be approximately 301 megawatts of nameplate capacity. The proposed Project includes up to 132 wind turbine generators, access roads to turbines and associated facilities, underground 34.5-kV electrical collector lines, underground fiber-optic cable, a 34.5-kV to 230-kV collection substation, up to two permanent meteorological towers, and an operations and maintenance facility. The Project would interconnect to the electric grid at the Big Stone South 230-kV Substation using the Crowned Ridge II 5-mile 230-kV transmission line that was approved in Docket EL18-019 and the Crowned Ridge 34-mile generation tie line that was approved in Docket EL17-050. The Project is expected to be completed in 2020. CRW II has executed a purchase and sale agreement with Northern States Power Company dba Xcel Energy (NSP) to sell NSP the Project upon commercial operation. CRW II estimates the total construction cost to be $425 million. On November 18, 2019, Intervenors filed a Notice of Filing of Affidavit of Steven Greber and Motion for Examination or Admission Upon Stipulation of Counsel. On November 18, 2019, CRW II filed a Response to Intervenors Motion and Affidavit.

     TODAY, shall the Commission Grant Intervenor’s Motion for Examination or Admission Upon Stipulation of Counsel? Or how shall the Commission Proceed?

6.     EL19-034     In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval of a Revision to the Commercial and Industrial Energy Efficiency Solutions Adjustment (EESA) Rates (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

On October 1, 2019, Black Hills Power, Inc. dba Black Hills Energy (BHP) filed for approval of a revision to its Energy Efficiency Solutions Adjustment (EESA) Rate for commercial and industrial services. BHP requests approval to revise this EESA rate effective December 1, 2019. Specifically, BHP proposes to increase the Commercial and Industrial Service EESA rate of $0.0010/kWh to $0.0015/kWh. BHP also filed its Energy Efficiency Plan Status Report for Program Year 2018 and Balancing Account for Program Year 2018.

     TODAY, shall the Commission approve the Energy Efficiency Solutions Program Status Report for Program Year 2018? AND, shall the Commission approve the balancing account for Program Year 2018, including the performance incentive recovery? AND, shall the Commission approve the Energy Efficiency Solutions Adjustment rate of $0.0015/kWh for commercial and industrial services, effective December 1, 2019, and associated tariff sheets? OR, how shall the Commission proceed?

7.     EL19-037     In the Matter of the Filing by Otter Tail Power Company for Approval of Tariff Revisions to Its Ready Check Brochure (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

On October 24, 2019, the Commission received a filing from Otter Tail Power Company (Otter Tail) for approval of revisions to its Ready Check Sample Form and associated tariff sheet. Otter Tail seeks to clarify how Otter Tail will align bill payment withdrawals to the customer’s bill schedule. On November 12, 2019, the Company responded to staff’s data request.

     TODAY, shall the Commission approve the proposed tariff revisions with an effective date of December 1, 2019?

8.     EL19-038     In the Matter of the Filing by Otter Tail Power Company for Approval of Tariff Revisions to Its LED Street and Area Lighting (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

On October 24, 2019, the Commission received a filing from Otter Tail Power Company (Otter Tail) for approval of changes to its LED Street and Area Lighting tariff. On November 4, 2019, Otter Tail updated its filing to provide additional details for the proposed revisions and to add a change code to Sheet 3 of the tariff sheets. Otter Tail requests an effective date of December 1, 2019.

     TODAY, shall the Commission approve Otter Tail’s tariff revisions with an effective date of December 1, 2019?

Telecommunications

1.     TC19-046     In the Matter of the Application of Combined Public Communications, LLC for Certificate of Authority to Provide Interexchange Long Distance Services as an Alternative Operator Service (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

On September 10, 2019, the Commission received a filing from Combined Public Communications, LLC (Combined Public) requesting a Certificate of Authority to Provide Interexchange Long Distance Services as an Alternative Operator Service. On October 15, 2019, Combined Public responded to staff’s data request.

     TODAY, shall the Commission grant Combined Public Communications, LLC a Certificate of Authority to provide interexchange long distance services as an alternative operator service?

2.     TC19-048     In the Matter of the Application of Standard Tandem, LLC for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

On October 30, 2019, the Commission received a filing from Standard Tandem, LLC (Standard Tandem) requesting a Certificate of Authority to provide local exchange and interexchange long distance services in South Dakota to operate as a wholesale and retail provider of competitive telecommunications service. On November 15, 2019, the South Dakota Telecommunications Association filed a Petition to Intervene.

     TODAY, shall the Commission grant intervention to any party that may have filed?

3.     TC19-050     In the Matter of the Approval of Wireless Interconnection Agreement between Qwest Corporation dba CenturyLink QC and CSC Wireless, LLC dba Altice Mobile (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

On November 5, 2019, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a Wireless Interconnection Agreement between Qwest Corporation dba CenturyLink QC and CSC Wireless, LLC dba Altice Mobile.

     TODAY, shall the Commission Approve the Interconnection Agreement?

Items for Commission Discussion

Public Comment

Individuals who wish to make public comments to the commission may do so in person during this time. All who offer public comment are requested to sign in at the commission meeting. Time limits for comments may be determined at the discretion of the commission.

Announcements

  1. The PUC office will be closed November 28-29, 2019, in observance of the Thanksgiving holiday.

  2. Commissioners and staff will meet with representatives of the South Dakota Electric Utility Companies on Thursday, December 5, 2019, at 12:00 p.m. CST at the Associated General Contractors conference room, 300 E. Capitol Avenue, Pierre, South Dakota. The agenda is to discuss company activities.

  3. The next regular commission meeting will be Tuesday, December 10, 2019, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.

  4. Commission meetings are scheduled for December 20, 2019, and January 7, 2020.


/s/Cindy Kemnitz       .
Cindy Kemnitz
Finance Manager
PUC Email
November 20, 2019