South Dakota Public Utilities Commission Meeting
November 23, 2010, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Johnson called the meeting to Order. Present were: Commissioner Steve Kolbeck; Commission Attorneys: John Smith and Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorneys Karen Cremer, Kara Semmler, and Ryan Soye; Staff Analysts Jon Thurber; Dave Jacobson, Bob Knadle, Brian Rounds, Ross Pedersen, Bobbi Bourk, and Chris Daugaard; Consumer Affairs Supervisor Deb Gregg; Consumer Affairs Representative Jason Schuchard; and Administrative Secretary Demaris Axthelm.
Also present were: Rich Coit, South Dakota Telecommunications Association; Margo Northrup, Riter, Rogers, Wattier & Northrup, representing South Dakota Rural Electrics Association; Ed Anderson, South Dakota Rural Electrics Association; Brett Koenecke, May, Adam, Gerdes, & Thompson, representing South Dakota Electric Utilities Companies; and Jeff Mehlhaff, South Dakota Municipal Electric Association.
Joining the meeting by telephone were: Commissioner Gary Hanson; Pete Beithon and Brian Morloch, Otter Tail Power Company; Megan Early, Ken Finch and Dave Badura, MidAmerican Energy Company; Wayne Johnson, Qwest Corporation; and Jim Wilcox, Xcel Energy.
(NOTE: For the purpose of continuity, these minutes are not necessarily in chronological order.)
- Approval of the Minutes of the Commission Meetings Held on October 26, 2010 and November 9, 2010. (Staff: Stephanie Harmon)
Vice Chairman Kolbeck moved to approve the minutes of the commission meetings held on October 26, 2010, and November 9, 2010. Motion passed 3-0.
- Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Ms. Deb Gregg reported that the Commission received a total of 80 contacts since the last report was prepared for the November 9, 2010, Commission meeting. 25 contacts involved telecommunications services; 9 of the contacts involved electrical services; 9 contacts involved natural gas services; 14 contacts involved cell phone services; 14 contacts were related to the Do Not Call registry; 1 contact was related to Wind Energy; 1 contact was related to the Keystone XL Pipeline; and 7 contacts involved issues not regulated by the Public Utilities Commission. In 2010, 2,508 of the 2,566 complaints registered have been resolved.
1. EL10-015 In the Matter of the Petition of Otter Tail Power Company to Establish a Transmission Cost Recovery Tariff (Staff Analysts: Dave Jacobson, Brian Rounds, Brittany Mehlhaff, and Ross Pedersen, Staff Attorneys: Kara Semmler, Ryan Soye)
Mr. Ryan Soye, Staff Attorney, requested approval from the Commission to assess a filing fee on Otter Tail Power Company.
Vice Chairman Kolbeck moved to assess a filing fee in docket EL10-015 in the amount of $50,000 in order to account for actual expenses incurred in review of the filing commencing from the filing date. Motion passed 3-0.
Ms. Megan Early, MidAmerican Energy Company (MidAmerican), stated that MidAmerican received approximately $36,000 for South Dakota and requested approval from the Commission to return to its customers via the December 2010 purchased gas adjustment (PGA). Mr. Dave Jacobson, Staff Analyst, stated that Staff recommended approval of MidAmerican's request to utilize the December 2010 PGA.
Chairman Johnson moved to approve MidAmerican's request to incorporate South Dakota's portion of the refund plus interest into the December 2010 purchase gas adjustment. Motion passed 3-0.
Ms. Kara Semmler, Staff Attorney, stated that Entelegent Solutions, Inc. (Entelegent) filed its switched access tariff and requested waivers of ARSD 20:10:27:11, 12, 13, & 07. Ms. Semmler stated that Staff recommended approval of Entelegent's switched access tariff, with requested waivers on the condition that Entelegent's tariff mirrors or is less than Qwest Communications' tariff.
Commissioner Hanson moved to approved Entelegent Solutions, Inc.'s switched access tariff, with requested waivers and conditions. Motion passed 3-0.
Ms. Semmler stated the agreement was properly filed, properly executed and does not appear to contain discriminatory provisions. No comments were filed and Ms. Semmler recommended approval of the agreement.
Chairman Johnson moved to approved the Wireline Interconnection Agreement between Qwest Corporation and Broadview Networks, Inc. for the state of South Dakota. Motion passed 3-0.
1. Election of a Chairperson of the Commission (General Counsel: John Smith)
Commissioner Hanson nominated Vice Chairman Kolbeck to serve as Chairperson of the Commission to be effective immediately and to continue through the 2012 calendar year. Motion passed 3-0.
Chairman Johnson nominated Commissioner Hanson to service as Vice Chairman of the Commission to be effective immediately and to continue through the 2012 calendar year. Motion passed 3-0.
Items for Discussion
Discussion took place between Commission, Staff and interested parties regarding how to process GIS mapping of utility boundary lines. After discussion and recommendations, the Commission recommended that Staff file an individual docket for each service territory agreement between utility companies as a result of the Commission's territory data initiative and, as necessary, to bring disputed boundaries before the Commission based on the particular facts of the case.
There being no further business, at the hour of 10:15 a.m. the South Dakota Public Utilities Commission meeting adjourned. The next Commission meeting is scheduled for December 7, 2010.
January 4, 2011