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South Dakota Public Utilities Commission Meeting
July 21, 2017, at 9:30 A.M. CDT
Room 413 414, Capitol Building
Pierre, South Dakota
NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 by 5:00 p.m. CDT on Thursday, July 20, 2017. Lines are limited and are given out 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 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 web cast 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 July 5, 2017 (Staff: Joy Lashley)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
1. EL17-020 In the Matter of the Joint Request for an Electric Service Territory Boundary Change between Northern States Power Company dba Xcel Energy and Sioux Valley-Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
On May 1, 2017, the Commission received a joint request from Northern States Power Company dba Xcel Energy (Xcel Energy) and Sioux Valley Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy (Sioux Valley) seeking to modify existing service territory boundaries in Sioux Falls, South Dakota. On May 19, 2017, Ronning Enterprises, Inc. filed a Petition to Intervene. On May 31, 2017, Xcel Energy filed a letter requesting delay on action on the petition as Xcel and Sioux Valley had abandoned efforts to exchange territory where Ronning may be impacted by the Parties’ Agreement. On June 2, 2017, and June 15, 2017, Ronning Enterprises, Inc. filed a letter requesting a delay on action of the petition. At the June 6, 2017, Commission meeting, Chairperson Fiegen deferred action to the next Commission meeting. At the June 16, 2017, Commission meeting, Commissioner Nelson deferred action indefinitely with the understanding that a new agreement will be filed. On June 27, 2017, Xcel Energy filed a letter regarding the rescission of the original service territory exchange agreement filed May 1, 2017. On June 27, 2017, Ronning Enterprises, Inc. filed a letter requesting to withdraw its Petition to Intervene, effective upon the Commission’s approval of the rescission. On July 6, the Commission received an Amended Joint Agreement seeking to modify existing service territory boundaries in and around Sioux Falls, South Dakota. The agreement also includes a service rights exception.
TODAY, shall the Commission approve the service territory exchange agreement between Xcel Energy and Sioux Valley Energy? AND, shall the Commission approve the requested service rights exception? AND, shall the Commission approve the Amendment to the Agreement from EL15-004? OR, how shall the Commission proceed?
Grain Warehouse
1. GW17-001 In the Matter of the Grain Buyer License of H & I Grain of Hetland, Inc. (Staff Analyst: James Mehlhaff; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On June 19, 2017, Commission Staff filed a Petition requesting the Commission immediately suspend H & I Grain of Hetland, Inc.’s (H & I Grain) grain buyer license pursuant to SDCL 49-45-3. H & I Grain has locations in Hetland, De Smet, and Arlington, South Dakota. On June 23, 2017, the Commission issued an order suspending the grain buyer license. Pursuant to SDCL 49-45-16, H & I Grain may request a hearing within fifteen days of suspension. If no hearing is requested, the Commission shall revoke the suspended license. On July 7, 2017, noting that no request for a hearing was made, Staff filed a Request to Revoke Grain Buyer’s License. On July 10, 2017, Staff submitted a letter regarding Staff’s recommendation for receivership. On July 11, 2017, Staff filed a letter providing additional information in this matter.
TODAY, shall the Commission revoke the grain buyer’s license of H & I Grain? AND, shall the Commission seek receivership pursuant to SDCL 49-45-16.1? AND, shall the Commission direct Staff to open a docket to address disbursement of the bond proceeds? OR, how shall the Commission proceed?
Telecommunications
1. TC09-089 In the Matter of the Application of Lattice Incorporated for a Certificate of Authority to Provide Interexchange Telecommunication Services in South Dakota. (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On September 21, 2009, Lattice Incorporated (Lattice) filed an application for a certificate of authority to provide interexchange and alternative operator services in South Dakota. Lattice proposed to offer automated operator-assisted collect and prepaid calling services to inmates and other incarcerated persons in confinement facilities within the State of South Dakota. On October 2, 2009, Lattice filed a letter and stated that the company will not offer prepaid service, collect deposits or advance payments. At its October 20, 2009 meeting, the Commission granted the certificate of authority subject to the condition that Lattice not offer any prepaid services (including prepaid calling cards) and not accept or require any deposits or advance payments without prior approval of the Commission and granted a waiver of ARSD 20:10:24:05(3), (5) and (6). On November 17, 2009, Lattice requested to amend its Certificate of Authority to offer prepaid services and filed a Letter of Credit with the Commission. At its January 5, 2010, meeting, the Commission approved the application to remove the prepaid restrictions subject to the $25,000 Letter of Credit. On June 1, 2017, Lattice submitted a letter requesting to cancel its Certificate of Authority and have the $25,000 Letter of Credit released. Since Lattice was in compliance with gross receipts tax remittance and annual reporting, a letter was sent on June 13, 2017, canceling its Certificate of Authority. On July 12, 2017, Lattice filed supplemental information supporting its release of the Letter of Credit.
TODAY, shall the Commission approve the release of Lattice Incorporated’s $25,000 Letter of Credit? OR, how shall the Commission proceed?
2. TC17-005 In the Matter of the Application of Midcontinent Communications for an Amended Certificate of Authority and for a Waiver of ARSD 20:10:32:15 (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On February 10, 2017, Midcontinent Communications (Midcontinent) filed an Application for an Amended Certificate of Authority. In this application, Midcontinent seeks the authority to provide local exchange services in the rural exchange area of Ipswich. On February 24, 2017, the South Dakota Telecommunications Association filed a Petition to Intervene. On February 28, 2017, Valley Telecommunications Cooperative Association filed a Petition to Intervene. On March 29, 2017, Midcontinent filed a letter clarifying its previous § 251 Interconnection request. On July 5, 2017, this matter was deferred at the request of the parties.
TODAY, shall the Commission grant Midcontinent’s Application for an Amended Certificate of Authority? AND grant the Waiver of ARSD 20:10:32:15? OR, shall the Commission establish a procedural schedule? OR, how shall the Commission proceed?
3 TC17-021 In the Matter of the Filing by Airus, Inc. for Approval of Revisions to its Access Tariff No. 1 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On June 9, 2017, Airus, Inc. (Airus) filed a request for approval of revisions to its Access Services Tariff No. 1. Airus is submitting this filing to be in compliance with the Federal Communications Commission’s, November 11, 2011, Intercarrier Compensation Reform Order (FCC 11-161). Airus requests that the tariff revisions become effective on July 31, 2017.
TODAY, shall the Commission approve the revisions to Airus, Inc.’s Access Services Tariff No. 1?
4. TC17-022 In the Matter of the Filing by dishNET Wireline L.L.C. for Approval of Revisions to its Access Services Tariff No. 2 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On June 19, 2017, the Commission received an application from dishNET Wireline L.L.C. (dishNET) requesting approval of revisions to its Access Services Tariff No. 2, Sheets No. 2, 37, and 39. The proposed tariff revision filing is done in compliance with the FCC’s order in FCC11-161. On June 27, 2017, DishNET made a revised filing. DishNET requests an effective date of July 1, 2017.
TODAY, shall the Commission approve dishNET’s revisions to its Access Services Tariff No. 2?
5. TC17-023 In the Matter of the Application of Interstate Telecommunications Cooperative, Inc. for an Amended Certificate of Authority to Revise its Authorized Local Exchange Service Territory (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On June 21, 2017, Interstate Telecommunications Cooperative, Inc. (ITC) filed an application for an Amended Certificate of Authority for local exchange service pursuant to SDCL 49-31-69. Pursuant to a recently-discovered discrepancy between the Study Area Boundary Map and actual practice, ITC requests to add new telephone service territory currently held by CenturyLink. CenturyLink does not object to ITC’s request. ITC also requests the Commission waive ARSD 20:10:32:03 (1-8); (10-22); and (24).
TODAY, shall the Commission approve the request for waiver? AND shall the Commission approve the request for an Amended Certificate of Authority?
6. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC17-024 and TC17-025.
TC17-024 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., Study Area: SSTELECOM, Inc., Study Area: 399013 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On June 21, 2017, the Commission received an application from Interstate Telecommunications Cooperative, Inc. fka SSTELCOM, Inc. (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 11, 2017, the Company responded to Staff’s data requests.
TC17-025 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., Study Area Codes: Interstate Telecommunications Cooperative–391654 and Stockholm Standburg–391679 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On June 21, 2017, the Commission received an application from Interstate Telecommunications Cooperative, Inc. (Company) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 11, 2017, the Company responded to Staff’s data requests.
TODAY, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in each of the above dockets?
7. TC17-045 In the Matter of the Approval of a Reciprocal Compensation Bill and Keep Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Airus, Inc. (Staff Analyst: Lorena Reichert; Staff Attorney; Amanda Reiss)
On June 30, 2017, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a Reciprocal Compensation Bill and Keep Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Airus, Inc.
TODAY, shall the Commission approve the amendment to the Interconnection Agreement?
Items for Commission Discussion
Announcements
- Commissioners and staff will attend the National Association of Regulatory Utility Commissioners’ Summer Policy Summit July 16-19, 2017, at the Sheraton San Diego Hotel, San Diego, California.
- The next regularly scheduled commission meeting will be Tuesday, August 1, 2017, at 9:30 a.m. CDT in Room 414 at the State Capitol Building, Pierre, S.D.
- Commission meetings are scheduled for August 15 and 29, 2017
/s/Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
PUC Email
July 14, 2017
