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South Dakota Public Utilities Commission Meeting
December 20, 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 Thursday, December 19, 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 December 10, 2019 (Staff: Joy Lashley)

Consumer Reports

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

Telecommunications

1.     TC19-049     In the Matter of the Petition of Cheyenne River Sioux Tribe Telephone Authority for Designation as an Eligible Telecommunications Carrier in the State of South Dakota (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

On October 30, 2019, the Commission received a Petition for Designation as an Eligible Telecommunications Carrier from Cheyenne River Sioux Tribe Telephone Authority (CRSTTA) for the purpose of offering Lifeline services on a wireline basis in the contiguous Timber Lake exchange, an exchange in the CenturyLink study area, pursuant to 47 U.S.C. § 214(e)(2) and ARSD 20:10:32:42. CRSTTA is requesting a proposed effective date of January 1, 2020.

     TODAY, shall the Commission grant Cheyenne River Sioux Tribe Telephone Authority’s Petition for Designation as an Eligible Telecommunications Carrier for purposes of receiving federal Lifeline universal service support with respect to the Timber Lake exchange, effective January 1, 2020?

2.     TC19-051     In the Matter of the Approval of a Carrier Partner for Interconnected VoIP Provider Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Native American Telecom, LLC (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

On November 25, 2019, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Native American Telecom, LLC.

     TODAY, shall the Commission approve the amendment to the interconnection agreement?

Electric

1.     EL15-020     In the Matter of the Application by Wind Quarry Operations, LLC, for a Wind Energy Facility Permit for the Willow Creek Wind Energy Facility and Associated Facilities (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)

On May 27, 2015, the Commission received an Application from Wind Quarry Operations, LLC for a Wind Energy Facility Permit to construct the Willow Creek Wind Energy Facility (Project), a 103-megawatt nameplate capacity wind energy facility located on approximately 40,000 acres of privately-owned land in Butte County, South Dakota (Project Area), approximately 10 miles northeast of Newell, South Dakota. The proposed Project includes approximately 45 wind turbines, associated access roads, a new collector substation, an operations and maintenance facility, and associated transmission interconnection facilities. The Project would interconnect to the U.S. Department of Energy Western Area Power Administration Maurine to Rapid City 115-kilovolt transmission line, which extends through the Project Area. The Project would generate utility scale electric power for residential, commercial, and industrial consumers. On November 16, 2015, the Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation and Granting Permit to Construct Facilities. On July 17, 2019, Willow Creek Wind Power, LLC filed a Motion for Approval of Transfer of Permit and on August 8, 2019, the Commission issued an Order Approving Transfer of Permit. On November 14, 2019, Willow Creek Wind Power, LLC filed a letter regarding a proposed correction to the Commission’s August 8, 2019 Order.

     TODAY, how shall the Commission proceed?

2.     EL19-003      In the Matter of the Application by Crowned Ridge Wind, LLC for a Permit of a Wind Energy Facility in Grant and Codington Counties (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)

On January 30, 2019, Crowned Ridge Wind, LLC (Crowned Ridge or Applicant) filed an application for a permit to construct a wind energy conversion facility to be located in Grant County and Codington County, South Dakota (Project). The Project would be situated on approximately 53,186 acres in the townships of Waverly, Rauville, Leola, Germantown, Troy, Stockholm, Twin Brooks, and Mazeppa, South Dakota. The total installed capacity of the Project would not exceed 300 megawatts of nameplate capacity. The proposed Project includes up to 130 wind turbine generators, access roads to turbines and associated facilities, underground 34.5-kilovolt (kV) electrical collector lines, underground fiber-optic cable, a 34.5-kV to 345-kV collection substation, one permanent meteorological tower, and an operations and maintenance facility. The Project will utilize the Crowned Ridge 34-mile 230-kV generation tie line and a new reactive power compensation substation to transmit the generation from the Project’s collector substation to the Project’s point of interconnection located at the Big Stone South 230-kV Substation, which is owned by Otter Tail Power Company. Applicant has executed a power purchase agreement with Northern States Power Company (NSP) to sell NSP the full output of the Project. The Project is expected to be completed in 2020. Applicant estimates the total cost of the Project to be $400 million. On July 26, 2019, the Commission issued a Final Decision and Order Granting Permit to Construct Facility; Notice of Entry (Permit). Pursuant to Condition 2 of the Permit, Applicant must follow all commitments made by Applicant in response to data requests. In response to a Staff data request, Applicant committed to utilizing low noise trailing edge (LNTE) blades. On December 13, 2019, Crowned Ridge filed a Request for Limited and Temporary Waiver, requesting, due to weather, Crowned Ridge be granted a temporary waiver of Condition 2(3) as it relates to the requirement to install LNTE on all turbine blades. Through curtailment of turbines, Crowned Ridge states it will nonetheless comply with sound permit limits. Crowned Ridge stated in its Request that it plans to have the LNTE blades installed on all turbines in late spring or early summer of 2020. Condition 32 of the Permit requires Crowned Ridge to file an escrow account plan with the Commission for Commission approval. Crowned Ridge filed the escrow agreement between Crowned Ridge and First Bank & Trust on November 27, 2019.

      TODAY, shall the Commission grant Applicant’s Request for Limited and Temporary Waiver? AND, shall the Commission approve Applicant’s escrow agreement? OR, how shall the Commission proceed?

3.     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 sheets. Otter Tail seeks to clarify how Otter Tail will align bill payment withdrawals to the customer’s bill schedule. On November 12, 2019, Otter Tail responded to staff’s data request. On November 27, 2019, Otter Tail filed revised tariff pages to include the option of bill payment withdrawals on the customer’s due date.

     TODAY, shall the Commission approve the proposed tariff revisions with an effective date of January 1, 2020?

Natural Gas

1.     NG19-010     In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of its Purchase Gas Cost Adjustment Rate 88 and Associated Tariff Revisions (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

On November 8, 2019, the Commission received a filing by Montana-Dakota Utilities Co. (Company) requesting to revise its Purchased Gas Cost Adjustment Rate 88 minimum threshold that necessitates the filing of a revised PGA rate adjustment. The Company is proposing to increase the threshold for determining if a monthly adjustment will be made under Rate 88 from 10 cents per dekatherm to 25 cents per dekatherm. The Company estimates this will reduce filings by 50 percent. The annual surcharge adjustment filing and associated true-ups will be maintained.

     TODAY, shall the Commission approve the revised minimum threshold and associated tariff revisions?

2.     NG19-011     In the Matter of the Petition of South Dakota Intrastate Pipeline Company for a Waiver of Loss and Unaccounted Calculation for 2020 (Staff Analysts: Patrick Steffensen, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)

On December 3, 2019, the Commission received a Petition for a Waiver of Loss and Unaccounted Calculation for 2020 from South Dakota Intrastate Pipeline Company (SDIP). SDIP makes such request for a waiver in order for SDIP to accurately calculate its Loss and Unaccounted Adjustment Percentage. On December 9, 2019, Montana-Dakota Utilities Co. filed a Petition to Intervene. On December 12, 2019, Ring-Neck Energy & Feed, LLC dba Ring-Neck Energy, LLC filed a Petition to Intervene.

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

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 December 23-25, 2019, in observance of the Christmas holiday.

  2. The PUC office will be closed Wednesday, January 1, 2020, in observance of New Year’s Day.

  3. The next regular commission meeting will be Tuesday, January 7, 2020, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.

  4. Commissioners will attend the Mid-America Regulatory Commissioners meeting, January 9-11, 2020, at the Intercontinental Stephen F. Austin Hotel, Austin, Texas.

  5. The PUC office will be closed Monday, January 20, 2020, in observance of Martin Luther King, Jr. Day.

  6. Commission meetings are scheduled for January 21 and February 3, 2020.


/s/Cindy Kemnitz       .
Cindy Kemnitz
Finance Manager
PUC Email
December 13, 2019