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South Dakota Public Utilities Commission Meeting
November 12, 2021, 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 Wednesday, November 10, 2021, 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 the Minutes of the Commission Meeting Held on October 28, 2021 (Staff: Juli Hedrick)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC21-111 In the Matter of the Application of Middle Mile Infrastructure, LLC for a Certificate of Authority for Interexchange Service in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On September 1, 2021, Middle Mile Infrastructure, LLC (MMI) filed an application for a Certificate of Authority to provide interexchange long distance services in South Dakota. Specifically, MMI intends to construct, operate, and maintain a fiber-based telecommunications network and provide services primarily through its own facilities. MMI will offer point-to-point data transmission services, including Wavelength services and other high-capacity telecommunications services, providing customers with mission-critical infrastructure and redundancy. On November 3, 2021, MMI responded to staff’s data requests.
TODAY, shall the Commission grant Middle Mile Infrastructure, LLC’s request for a Certificate of Authority to provide interexchange services in South Dakota?
2. TC21-114 In the Matter of the Application by Venture Vision, Inc. for Approval of a Certificate of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On October 4, 2021, Venture Vision, Inc. (Venture Vision) filed an application for a Certificate of Authority to provide local exchange and interexchange services in South Dakota. Venture Vision intends to offer its services to customers, through the use of its own facilities, in the census blocks for which it was awarded Rural Digital Opportunity Fund Phase I support. On October 20, 2021, Venture Vision responded to staff’s data requests.
TODAY, shall the Commission grant Venture Vision, Inc.’s request for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota?
Electric
1. EL21-007 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group Inc., for Approval of the Annual Update to Its Infrastructure Rider Rate (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)
On February 26, 2021, the Commission received a petition from Montana-Dakota Utilities Co. (MDU) for approval of the annual update to its Infrastructure Rider Rate, pursuant to the terms of the Company’s Infrastructure Rider Rate 56 tariff. MDU proposed an Infrastructure Rider rate of $0.00684 per kWh for the rate period covered by this filing, which was a decrease of $0.00157 per kWh from that previously authorized. On March 11, 2021, MDU filed a letter regarding the Lewis and Clark regulatory asset recovery. On April 16, 2021, MDU filed a revised Infrastructure Rider rate and revised tariff sheet, and on April 30, 2021, the Commission issued an Order Approving Infrastructure Rider Rate. On November 2, 2021, staff filed a Memorandum regarding Lewis and Clark Regulatory Asset Recovery.
TODAY, shall the Commission approve MDU’s proposed Lewis and Clark Regulatory Asset Recovery?
2. EL21-031 In the Matter of the Petition of Otter Tail Power Company for Approval of the Transmission Cost Recovery Rider Rate (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On October 29, 2021, Otter Tail Power Company (Otter Tail) filed a petition for approval of its 2022 Transmission Cost Recovery (TCR) Rider. Otter Tail’s TCR rate has been adjusted to reflect the TCR revenue requirements for the next recovery period (March 2022 – February 2023). The update includes the tracker balance estimated for the end of the current recovery period so that no over or under recovery of TCR costs occurs. Otter Tail is not requesting inclusion of any new projects. Otter Tail proposes the update to the rates be applied to usage on and after March 1, 2022.
TODAY, shall the Commission 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?
Grain Warehouse
1. GW21-005 In the Matter of the Request for Approval of a Settlement Stipulation Regarding Violations of SDCL 49-45 (Grain Warehouse Program Manager: Cody Chambliss; Staff Attorney: Kristen Edwards)
On October 26, 2021, PUC staff filed a Stipulation and Settlement Agreement between staff and BK Commodities. In this uncontested matter, BK Commodities admitted to purchasing grain in the State of South Dakota without a license. Staff and BK Commodities worked together to come to an agreement as to the appropriate penalty and now asks the Commission to approve that agreement as set forth in the Stipulation and Settlement Agreement.
TODAY, shall the Commission adopt the Stipulation and Settlement Agreement? OR how shall the Commission proceed?
Items for Commission Discussion
Public Comment
Individuals who wish to make public comments to the commission may do so during this time. All who offer public comments are requested to sign in at the commission meeting or let the commission know of their wish to speak when they call in to reserve a phone line. Time limits for comments may be determined at the discretion of the commission.
Announcements
1. Commissioners will attend the National Association of Regulatory Utility Commissioners Annual Meeting and Education Conference, November 7-10, 2021, at the Omni Louisville Hotel, Louisville, Kentucky.
2. The PUC office will be closed Thursday, November 11, 2021, in observance of the Veterans Day holiday.
3. Commissioners and staff will meet with representatives of Montana-Dakota Utilities Co. on Friday, November 12, 2021, at 1:00 p.m. CST, in Room 413 at the State Capitol Building, Pierre, South Dakota. The agenda will include discussion about the upcoming winter heating season, electric projects, system supply, cyber security and a general business update.
4. Commissioners and staff will hold a virtual meeting via Zoom with representatives of Moody’s on Thursday, November 18, 2021, at 10:30 a.m. CST. The agenda is to hear a briefing of the company’s credit ratings process. To attend the meeting, please call the PUC at (605) 773-3201 for instructions by 5:00 p.m. CST, November 17, 2021.
5. The next regular commission meeting will be Tuesday, November 23, 2021, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.
6. An evidentiary hearing for docket TC21-001 – In the Matter of the Application of LTD Broadband LLC for Designation as an Eligible Telecommunications Carrier for Purposes of Receiving Federal Universal Service Support will be held December 1-2, 2021, beginning at 11:00 a.m. CST, December 1, in Room 414 at the State Capitol Building, Pierre, South Dakota.
7. Commission meetings are scheduled for December 8 and 21, 2021.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
November 5, 2021
