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South Dakota Public Utilities Commission Meeting
February 12, 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: Commissioner: Chris Nelson; 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, Matthew Tysdal, and Patrick Steffensen; Consumer Affairs Supervisor: Deb Gregg; and Staff: Sherry Dickerson

Also present were:
Brett Koenecke, May, Adam, Gerdes & Thompson, representing Nexus Communications, Inc.; and Margo Northrup, Riter, Rogers, Wattier, and Northrup LLP, representing South Dakota Telecommunications Association

Joining the meeting by telephone were:
Commissioner: Kristie Fiegen; Danielle Frappier, Adam Shoemaker, and Jim Davis, Davis Wright Tremaine LLP representing Nexus Communications, Inc.; Brett Ferenchak, Bingham McCutchen LLP, representing Zayo Group, LLC and 360networks (USA) Inc.; Meshach Rhoades, Kutak Rock, LLP representing Wal-Mart Stores, Inc. and Sam's West, Inc.; and Lee Magnuson, Lindquist, Vennum, PLLP, representing Black Hills Power, Inc.; Andrew Moratzka, Stoel Rives LLP, representing GCC Dacotah, Inc.; Rapid City Regional Hospital, Inc.; Rushmore Forest Products, Inc.; Spearfish Forest Products, Inc.; and Pete Lien & Sons, Inc.

Administration

1.     Approval of the Minutes of the Commission Meetings Held on January 15, 2013, and January 30, 2013, and the Ad Hoc Commission Meeting held on January 22, 2013 (Staff: Joy Irving)

     Commissioner Nelson moved to approve the minutes of January 15, 2013, and January 30, 2013, and the Ad Hoc Commission Meeting held on January 22, 2013.  Motion carried 3-0.

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 73 contacts since the last report was prepared for the January 30, 2013 Commission meeting.

18 of the contacts involved telecommunication services, 17 of the contacts involved electrical services, 3 contacts involved natural gas service, 6 contacts involved cell phone service, 13 contacts were related to the Do Not Call Registry, and 16 contacts were related to issues not regulated by the PUC.

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

215 of the 234 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 Magnusson, Black Hills Power, Inc. (BHP), did not object the Petition to Intervention of Wal-Mart Stores, Inc. and Sam's West Inc. Mr. Magnusson stated he objected to Regency Midwest Ventures Limited Partnerships and Deadwood Resort LLC's (Regency) Petition to Intervene on the basis that Regency is not represented by an attorney. Ms. Karen Cremer, staff attorney, recommended that the Commission defer Regency Midwest and Deadwood Resort's Petition to Intervene or deny intervention without prejudice.

     Commissioner Nelson moved to grant intervention to Wal-Mart Stores, Inc. and Sam's West Inc. and deny intervention without prejudice to Regency Midwest Ventures Limited Partnerships and Deadwood Resort LLC.

     Commissioner Fiegen amended the motion to grant intervention to Wal-Mart Stores, Inc. and Sam's West Inc. and to defer action on the Petition to Intervene of Regency Midwest Ventures Limited Partnership and Deadwood Resort, LLC. Motion carried 3-0.

2.     EL13-001     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between NorthWestern Corporation dba NorthWestern Energy and West Central Electric Cooperative, Inc. (Staff Analyst: Matt Tysdal, Staff Attorney: Kristen Edwards)

Mr. Matthew Tysdal, staff analyst, recommended that the Commission approve the proposed electric service territory boundary agreement.

     Commissioner Fiegen moved to approve the proposed electric service territory boundary agreement. Motion carried 3-0.

Telecommunications

1.     TC12-111     In the Matter of the Filing by Neutral Tandem-South Dakota, LLC for Approval of Revisions to its Tariff No. 1 (Staff Analyst: David Jacobson, Staff Attorney: Karen Cremer)

         Deferred docket TC12-111 until a later Commission meeting.

2.     TC12-191     In the Matter of the Filing for Approval of Transfer of Certificate of Authority from 360networks (USA) Inc. to Zayo Group, LLC (Staff Analyst: David Jacobson, Staff Attorney: Kristen Edwards)

Mr. Brett Ferenchak, Bingham McCutchen LLP, representing Zayo Group, LLC (Zayo) and 360networks (USA) Inc., (360networks), requested that the Commission approve Zayo and 360networks Transfer of Certificates of Authority. Mr. David Jacobson, staff analyst, stated the transfers concern a local certificate of authority and an interexchange certificate of authority. Mr. Jacobson, noted that the previous order, TC06-063 which granted a local certificate of authority, certain conditions were imposed on the applicant.

     Commissioner Nelson moved to approve the transfer of Certificates of Authority from 360networks (USA) Inc. to Zayo Group, LLC and include the conditions agreed in docket TC06-063. Motion carried 3-0.

3.     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)

A lengthy discussion took place regarding docket TC13-001. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2013, January, recording located at: http://puc.sd.gov/commission/media/2013/puc02122013.mp3. Deferred docket TC13-001 until a later Commission meeting.

4.     TC13-002     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between Cellco Partnership dba Verizon Wireless; Cellular Inc. Network Corporation dba Verizon Wireless; Cellular, Inc. Financial Corporation dba Verizon Wireless; Midwest Wireless Communications, LLC dba Verizon Wireless; Rural Cellular Corporation dba Verizon Wireless; Verizon Wireless (VAW) LLC dba Verizon Wireless; WWC Holding Co., Inc. dba Verizon Wireless and Midstate Communications, Inc. (Staff Analyst: David Jacobson, Staff Attorney: Kristen Edwards)

Ms. Margo Northrup, representing Midstate Communications, Inc., requested that the Commission approve the amendment to the interconnection agreement. Ms. Kristen Edwards, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Edwards recommended that the Commission grant approval.

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

5.     TC13-003     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between Cellco Partnership dba Verizon Wireless; Cellular Inc. Network Corporation dba Verizon Wireless; Cellular, Inc. Financial Corporation dba Verizon Wireless; Midwest Wireless Communications, LLC dba Verizon Wireless; Rural Cellular Corporation dba Verizon Wireless; Verizon Wireless (VAW) LLC dba Verizon Wireless; WWC Holding Co., Inc. dba Verizon Wireless and Cheyenne River Sioux Tribe Telephone Authority  (Staff Analyst: David Jacobson, Staff Attorney: Kristen Edwards)
           
Ms. Margo Northrup, representing Cheyenne River Sioux Tribe Telephone Authority, requested that the Commission approve the amendment to the interconnection agreement. Ms. Kristen Edwards, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Edwards recommended that the Commission grant approval.

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

6.     TC13-005     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Midstate Communications (Staff Analyst: Patrick Steffensen, Staff Attorney: Kristen Edwards)

Ms. Margo Northrup, representing Midstate Communications, requested that the Commission approve the amendment to the interconnection agreement. Ms. Kristen Edwards, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Edwards recommended that the Commission grant approval.

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

7.     TC13-006     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between Cellco Partnership dba Verizon Wireless; Cellular Inc. Network Corporation dba Verizon Wireless; Cellular, Inc. Financial Corporation dba Verizon Wireless; Midwest Wireless Communications, LLC dba Verizon Wireless; Rural Cellular Corporation dba Verizon Wireless; Verizon Wireless (VAW) LLC dba Verizon Wireless; WWC Holding Co., Inc. dba Verizon Wireless and Venture Communications Cooperative (Staff Analyst: Patrick Steffensen, Staff Attorney: Kristen Edwards)

Ms. Margo Northrup, representing Venture Communications Cooperative, requested that the Commission approve the amendment to the interconnection agreement. Ms. Kristen Edwards, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Edwards recommended that the Commission grant approval.

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

8.     TC13-007     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between Cellco Partnership dba Verizon Wireless; Cellular Inc. Network Corporation dba Verizon Wireless; Cellular, Inc. Financial Corporation dba Verizon Wireless; Midwest Wireless Communications, LLC dba Verizon Wireless; Rural Cellular Corporation dba Verizon Wireless; Verizon Wireless (VAW) LLC dba Verizon Wireless; WWC Holding Co., Inc. dba Verizon Wireless and Western Telephone Company (Staff Analyst: Patrick Steffensen, Staff Attorney: Kristen Edwards)

Ms. Margo Northrup, representing Western Telephone Company, requested that the Commission approve the amendment to the interconnection agreement. Ms. Kristen Edwards, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Edwards recommended that the Commission grant approval.

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

9.     TC13-008     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between Cellco Partnership dba Verizon Wireless; Cellular Inc. Network Corporation dba Verizon Wireless; Cellular, Inc. Financial Corporation dba Verizon Wireless; Midwest Wireless Communications, LLC dba Verizon Wireless; Rural Cellular Corporation dba Verizon Wireless; Verizon Wireless (VAW) LLC dba Verizon Wireless; WWC Holding Co., Inc. dba Verizon Wireless and West River Telecommunications Cooperative (Staff Analyst: Patrick Steffensen, Staff Attorney: Kristen Edwards)

Ms. Margo Northrup, representing West River Telecommunications Cooperative, requested that the Commission approve the amendment to the interconnection agreement. Ms. Kristen Edwards, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Edwards recommended that the Commission grant approval.

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

There being no further business, at the hour of 3:30 p.m. the South Dakota Public Utilities Commission meeting adjourned.

/S/Joy Irving
Joy Irving
Administrative Assistant
puc@state.sd.us
February 12, 2013