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South Dakota Public Utilities Commission Meeting
May 10, 2022, at 9:30 A.M. CDT
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. CDT on Monday, May 9, 2022, 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 April 14, 2022 (Staff: Janeth Merriman)

Consumer Reports

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

Telecommunications

1.      TC19-009    In the Matter of the Petition of North American Local, LLC for Designation as an Eligible Telecommunications Carrier in the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

       On April 24, 2019, the Commission received a Petition for Designation as an Eligible Telecommunications Carrier from North American Local, LLC for the purpose of offering Lifeline services on a wireless basis in the State of South Dakota. On June 3, 2019, the Commission issued an order granting intervention to the South Dakota Telecommunications Association (SDTA) and Cheyenne River Sioux Tribe Telephone Authority. On July 1, 2019, the Commission issued an order granting intervention to Boomerang Wireless, LLC. On October 5, 2021, the Commission issued an Order Approving Settlement Stipulation; Order Granting Lifeline-Only Eligible Telecommunications Carrier Designation in Non-Rural and Certain Tribal Lands’ Service Areas. On March 21, 2022, North American Local, LLC filed a letter regarding clarification of the October 5, 2021, Commission Order. On May 2, 2022, SDTA filed an Objection to North American Local, LLC’s Request to Amend the October 5, 2021, Order.

      TODAY, how shall the Commission proceed?

2.      TC21-113    In the Matter of the Application by Electric Lightwave LLC dba Allstream for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

        On September 17, 2021, Electric Lightwave, LLC dba Allstream (Allstream), filed an application for Certificates of Authority to provide local exchange and interexchange telecommunications services in South Dakota. Allstream seeks authority to operate as a reseller of incumbent telephony services and to be a facilities-based provider either through lease agreements or the construction of its own facilities. On September 23, 2021, the South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene. On October 21, 2021, SDTA and Allstream filed a Joint Stipulation. On October 28, 2021, Allstream responded to Commission staff’s data request. On November 1, 2021, the Commission issued an order granting intervention to SDTA. On April 19, 2022, Allstream provided supplemental responses to Commission staff’s data request.

        TODAY, shall the Commission grant Allstream’s request for Certificates of Authority to provide local exchange and interexchange telecommunications services in South Dakota?

Electric

1.      EL22-006    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 Transmission Cost Recovery Rider Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

        On March 1, 2022, Montana-Dakota Utilities Co. (MDU) filed for approval of its annual update to its Transmission Cost Recovery (TCR) Rider. MDU states the proposed tariff change is necessary to reflect the projected 2022 charges assessed to MDU for transmission-related services provided by the Midcontinent Independent System Operator and Southwest Power Pool along with the projected revenues and/or credits received by MDU for transmission-related services. In addition, MDU is including the projected 2022 revenue requirements for three previous approved transmission projects and two new transmission projects in its projected 2022 TCR update. MDU proposes a TCR Rider rate of $0.01734 per kWh, which is an increase of $0.01040 per kWh from that currently authorized. MDU expects to file additional information by May 6, 2022.

       TODAY, shall the Commission approve the revised Transmission Cost Recovery Rider rate and revised tariff sheet with an effective date of June 1, 2022?

2.      EL22-009    In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Its 2022 Economic Development Plan and 2021 Economic Development Report (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

         On March 31, 2022, the Commission received an application from NorthWestern Corporation dba NorthWestern Energy for Approval of its 2022 Economic Development Plan and 2021 Economic Development Report. On April 28, 2022, NorthWestern responded to staff’s data request.

         TODAY, shall the Commission approve NorthWestern Energy’s 2021 Economic Development Report and 2022 Economic Development Plan?

Natural Gas

1.      NG22-004    In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Its 2022 Economic Development Plan and 2021 Economic Development Report (Staff Analyst: Brittany Mehlhaff, Staff Attorney: Kristen Edwards)

        On March 31, 2022, the Commission received an application from NorthWestern Corporation dba NorthWestern Energy for Approval of its 2022 Economic Development Plan and 2021 Economic Development Report. On April 28, 2022, NorthWestern responded to Commission staff’s data request.

        TODAY, shall the Commission approve NorthWestern Energy’s 2021 Economic Development Report and 2022 Economic Development Plan?

Hydrocarbon and Carbon Dioxide Pipeline

1.      HP22-001    In the Matter of the Application by SCS Carbon Transport LLC for a Permit to Construct a Carbon Dioxide Transmission Pipeline (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Kristen Edwards)

         On February 7, 2022, the Commission received an Application for a Permit to Construct a Carbon Dioxide Transmission Pipeline (Application) from SCS Carbon Transport LLC (Applicant). Applicant proposes to construct and operate a carbon dioxide (CO2) transmission pipeline (Project). The Project is approximately 2,000 miles of pipelines for the transportation of CO2 from more than 30 ethanol plants across five states, including seven ethanol plants in South Dakota, to underground injection control facilities in North Dakota. The proposed route of the main line enters South Dakota in Lincoln County at the Iowa/South Dakota border and extends in a northwesterly direction, exiting the state at the South Dakota/North Dakota border in McPherson County. In addition to the main line, the proposed Project includes lateral and trunk lines connecting ethanol plants to the main line. The proposed length of pipelines through South Dakota would be approximately 469 miles and would cross the counties of Beadle, Brown, Clark, Codington, Edmunds, Hamlin, Hand, Hyde, Kingsbury, Lake, Lincoln, McCook, McPherson, Minnehaha, Miner, Spink, Sully, and Turner. Five public input meetings were held between March 22 and March 25, 2022. Pursuant to ARSD 20:10:22:40, the deadline for persons to file an application for party status was April 8, 2022. The Applications for Party Status received by the Commission can be viewed at: https://puc.sd.gov/Dockets/HydrocarbonPipeline/2022/HP22-001partystatus.aspx. On April 14, 2022, the Commission granted party status to approximately 330 persons, governmental entities, and organizations. The Commission deferred action until April 28, 2022, on the remaining applications for party status in order to allow those applicants to submit additional information. The Commission granted party status to several additional applicants at the April 28, 2022, meeting but deferred action on those filed after April 22, 2022, but prior to the Commission Meeting on April 28, 2022.

       TODAY, shall the Commission grant Party Status to those who have filed? 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 Missouri River Energy Services Annual Meeting, May 11-12, 2022, at the Sioux Falls Convention Center, Sioux Falls, South Dakota.

2.   The next regular commission meeting will be Tuesday, May 24, 2022, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.

3.   The PUC office will be closed Monday, May 30, 2022, in observance of Memorial Day.

4.   Commission meetings are scheduled for June 8 and 16, 2022.

 

/s/ Cindy Kemnitz                 .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
May 3, 2022