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South Dakota Public Utilities Commission Meeting
January 30, 2013, at 2:30 P.M. CST
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Gary Hanson called the meeting to order. Present were: Commissioners: Chris Nelson and Kristie Fiegen; Commission Counsel: John Smith and Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorneys: Karen Cremer and Kristen Edwards; Staff Analysts: Jon Thurber, Brittany Mehlhaff, David Jacobson, and Patrick Steffensen; Finance Manager: Cindy Kemnitz; Consumer Affairs Supervisor: Deb Gregg; and Staff: Joy Irving

Also present were:
Kara Semmler, May, Adam, Gerdes & Thompson, representing Common Point LLC; Brett Koenecke, May, Adam, Gerdes & Thompson, representing Nexus Communications, Inc.; Rich Coit, South Dakota Telecommunications Association; Bill VanCamp, Olinger, Lovald, McCahren & Reimers, P.C., representing AT&T Communications of the Midwest; and Darla Rogers, Riter, Rogers, Wattier, and Northrup LLP, representing South Dakota Network

Joining the meeting by telephone were:
Tamie Aberle, Larry Oswald, and Carla Hahn, Montana-Dakota Utilities Co.; Wayne Johnson, Qwest Corporation dba CenturyLink QC; Meshach Rhoades, Tom Snyder and Kevin Burr, Kutak Rock, LLP representing Wal-Mart Stores, Inc. and Sam's West, Inc.; and Lee Magnuson, Lindquist, Vennum, PLLP, representing Black Hills Power, Inc.

Consumer Reports

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

The Commission received a total of 100 contacts since the last report was prepared for the January 15, 2013, Commission meeting.

15 of the contacts involved telecommunication services, 19 of the contacts involved electrical services, 15 contacts involved natural gas service, 13 contacts involved cell phone service, 14 contacts were related to the Do Not Call Registry, and 24 contacts were related to issues not regulated by the PUC.

1,955 of the 1,956 complaints received in 2012 have been resolved.

137 of the 161 complaints received in 2013 have been resolved.

Electric

1.     EL12-061     In the Matter of the Application of Black Hills Power, Inc. for Authority to Increase its Electric Rates (Staff Analysts: Jon Thurber, Brittany Mehlhaff, Patrick Steffensen, Staff Attorneys: Karen Cremer, Kristen Edwards)

Mr. Lee Magnuson, Lindquist, Vennum, PLLP, representing Black Hills Power, Inc. (BHP), stated that he has no objection to the petition for intervention of Black Hills Industrial Intervenors (BHII). Mr. Magnuson explained that BHP needs additional time to respond to the petitions recently filed by Regency Midwest Ventures Limited Partnership & Deadwood Resort, L.L.C., and Wal-Mart Stores, Inc. & Sam's West, Inc. (Walmart). Mr. Kevin Burr, Kutak Rock, LLP representing Wal-Mart Stores, Inc. & Sam's West, Inc., stated that Walmart has no objection to the additional time requested by BHP. Ms. Karen Cremer, staff attorney, recommended that the Commission grant intervention to BHII and wait on addressing the petitions to intervene of Walmart and Regency Midwest Ventures Limited Partnership & Deadwood Resort, L.L.C.

     Commissioner Nelson moved to grant intervention to Black Hills Industrial Intervenors. Motion carried 3-0.

Natural Gas

1.     NG12-007     In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of its Revised Conservation Tracking Adjustment (Staff Analyst: Patrick Steffensen, Staff Attorney: Kristen Edwards)

A lengthy discussion took place regarding Docket NG12-007. An audio of the discussion can be found on the PUC Web site under Commission Actions; Commission Meeting Archives; 2013; January 30, 2013, for Docket NG12-007, recording located at: http://puc.sd.gov/commission/media/2013/puc01302013.mp3.

     Commissioner Hanson moved to grant Montana-Dakota Utilities Co.'s request for approval of the Revised Conservation Program Tracking Mechanism Rate 90 Tariff effective February 4, 2013. Motion carried 3-0.

Telecommunications

1.     In the Matter of the Failure of Certain Telecommunications Companies to Timely Pay their Gross Receipts Tax (Finance Manager: Cindy Kemnitz)

Ms. Cindy Kemnitz, Finance Manager, requested that the Commission withdraw the Order to Show Cause for Univance Telecommunications, Inc. (Univance) as Univance is currently in bankruptcy.

     Commissioner Nelson moved to withdraw the Order to Show Cause for Univance Telecommunications, Inc. Motion carried 3-0.

2.     TC12-184     In the Matter of the Application of Common Point LLC for a Certificate of Authority to Provide Local Exchange Services in South Dakota (Staff Analyst: Dave Jacobson, Staff Attorney: Kristen Edwards)

Ms. Kara Semmler, May, Adam, Gerdes & Thompson, representing Common Point LLC, (Common Point), stated that Common Point has resolved all its issues with the intervenors. Ms. Semmler requested that the Commission grant approval to Common Point for a Certificate of Authority. Mr. David Jacobson, staff analyst, stated that Common Point filed an application for a Certificate of Authority to provide local exchange services in South Dakota in accordance with the Commission's administrative rules. Common Point has agreed to not offer any retail prepaid services, including prepaid calling cards, and to not accept or require any deposits or advance payments from retail customers without prior approval of the Commission. Mr. Jacobson also noted that the order granting the certificate of authority will need to contain terms and conditions contained in the stipulation filed by the applicant and intervenors.

     Commissioner Fiegen moved to grant a Certificate of Authority to Common Point LLC subject to the stipulation and staff's recommended restrictions. Motion carried 3-0.

3.     TC12-193     In the Matter of the Approval of the ICC VoIP Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and McLeodUSA Telecommunications Services, LLC dba PAETEC Business Services (Staff Attorney: Karen Cremer)

Mr. Wayne Johnson, Qwest Corporation dba CenturyLink QC, requested that the Commission grant approval of the amendment to the interconnection agreement. Ms. Karen Cremer, staff attorney, stated that the agreement was properly filed, properly executed, and does not appear to contain discriminatory provisions. Ms. Cremer recommended that the Commission approve the amendment to the interconnection agreement.

     Commissioner Nelson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.

4.     TC12-194     In the Matter of the Approval of the ICC VoIP Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Windstream KDL, Inc. (Staff Attorney: Karen Cremer)

Mr. Wayne Johnson, Qwest Corporation dba CenturyLink QC, requested that the Commission grant approval of the amendment to the interconnection agreement. Ms. Karen Cremer, staff attorney, stated that the agreement was properly filed, properly executed, and does not appear to contain discriminatory provisions. Ms. Cremer recommended that the Commission approve the amendment to the interconnection agreement.

     Commissioner Fiegen moved to approve the amendment to the interconnection agreement. Motion carried 3-0.

5.     TC13-001     In the Matter of the Application of Nexus Communications, Inc., for Designation as an Eligible Telecommunications Carrier (Staff Analyst: Patrick Steffensen, Staff Attorney: Kristen Edwards)

Deferred docket TC13-001 until a later Commission meeting.

There being no further business, at the hour of 3:05 p.m. the South Dakota Public Utilities Commission meeting adjourned.

/S/Joy Irving
Joy Irving
Administrative Assistant
puc@state.sd.us
January 30, 2013