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South Dakota Public Utilities Commission Meeting
February 26, 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 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, Matthew Tysdal, Patrick Steffensen, Darren Kearney, David Henry, and Brian Rounds; Consumer Affairs Supervisor: Deb Gregg; and Staff: Sherry Dickerson

Also present were:
Brett Koenecke, May, Adam, Gerdes & Thompson, representing Montana-Dakota Utilities Co.; Kevin Kouba, Otter Tail Power Company; and Rich Coit, South Dakota Telecommunications Association

Joining the meeting by telephone were:
Lee Magnuson, Lindquist, Vennum, PLLP, representing Black Hills Power, Inc.; Jessica Fyhrie, Debbie Opatz, and Dave Prazak, Otter Tail Power Company; Chris Thompson, Federal Executive Agencies; Rita Mulkern, Montana-Dakota Utilities Co.; Cary Roesel, Technologies Management, Inc., representing Neutral Tandem-South Dakota, LLC; Amy Inagki and Nathaniel Law, Total Call Mobile, Inc.

Administration

1.     Approval of the Minutes of the Commission Meeting Held on February 12, 2013 (Staff: Joy Irving)

     Commissioner Nelson moved to approve the minutes of February 12, 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 63 contacts since the last report was prepared for the February 12, 2013 Commission meeting.

12 of the contacts involved telecommunication services, 16 of the contacts involved electrical services, 7 contacts involved natural gas service, 2 contacts involved cell phone service, 10 contacts were related to the Do Not Call Registry, 1 contact was related to Wind Energy, 1 contact was related to One Call and 14 contacts were related to issues not regulated by the PUC.

274 of the 297 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)
        
Ms. Karen Cremer, staff attorney, indicated that she had spoken with Regency Midwest Ventures Limited Partnership and Deadwood Resort, L.L.C., (Regency) and stated that they are working with BHP and would file a letter in the docket. Ms. Cremer stated that the letter has not been filed yet. Ms. Cremer recommended that Regency's Petition to Intervene be denied without prejudice. Mr. Lee Magnuson, Lindquist, Vennum, PLLP, representing Black Hills Power, Inc. (BHP), had no objection to staff's recommendation.

     Commissioner Hanson moved to deny Regency's Petition to Intervene without Prejudice.  Motion carried 3-0.

2.     EL12-064     In the Matter of the Filing by Otter Tail Power Company for Approval of Tariff Revisions to its Rates for Small Power Production and Cogeneration (Staff Analyst: Matthew Tysdal, Staff Attorney: Kristen Edwards)

Ms. Debbie Opatz, Otter Tail Power Company (Otter Tail), requested that the Commission grant approval of its updates to its Small Power Producer Riders, Sections 12.01, 12.02, and 12.03 of its Tariff Book. Mr. Matthew Tysdal, staff analyst, recommended that the Commission grant approval.

     Commissioner Nelson moved to approve the tariff revisions.  Motion carried 3-0.

3.     EL13-002     In the Matter of the Filing by Otter Tail Power Company for Approval of Tariff Revisions (Staff Analyst: Matthew Tysdal, Staff Attorney: Kristen Edwards)

Ms. Jessica Fyhrie, Otter Tail Power Company (Otter Tail), requested that the Commission approve its revised Section 16.00, Sheet No. 2 of its Tariff Book. Mr. Matthew Tysdal, staff analyst, recommended that the Commission grant approval to its tariff revisions.

     Commissioner Fiegen moved to approve the tariff revisions.  Motion carried 3-0.

4.     EL13-003     In the Matter of the Filing by Otter Tail Power Company for Approval of Tariff Revisions (Staff Analyst: Matthew Tysdal, Staff Attorney: Kristen Edwards)

Ms. Jessica Fyhrie, Otter Tail Power Company (Otter Tail), requested that the Commission grant approval to its revised Section 16.00, Sheet No. 1 of its Tariff Book. Ms. Fyhrie stated that the municipal service agreement, currently listed as a contract with deviations, between Otter Tail and the City of DeSmet expired on February 1, 2013. Mr. Matthew Tysdal, staff analyst, recommended that the Commission grant approval to Otter Tail's tariff revisions.

     Commissioner Nelson moved to approve the tariff revisions.  Motion carried 3-0.

Natural Gas

1.     NG12-008     In the Matter of the Application of Montana-Dakota Utilities Co. for Authority to Increase its Natural Gas Rates (Staff Analysts: Jon Thurber, Brittany Mehlhaff, Patrick Steffensen, Staff Attorney: Kristen Edwards)

Ms. Rita Mulkern, Montana-Dakota Utilities Co. (MDU) stated that MDU does not object to Federal Executive Agencies (FEA) Petition to Intervene. Major Chris Thompson, FEA, stated FEA has one change to make. FEA originally filed the petition under 49-34A-13.1 not as a full party and wanted to switch under paragraph 1-26-17.1 as a full party. Major Thompson stated that he overlooked the paragraph and would like to make a change. Ms. Kristen Edwards, staff attorney, recommended that the Commission grant intervention to FEA under the statute sited by Major Thompson.
        
     Commissioner Fiegen moved to approve intervention of Federal Executive Agencies pursuant to 1-26-17.1.  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)

Mr. Dave Jacobson, staff analyst, requested that the Commission grant approval with a waiver of ARSD 20:10:29:10; 20:10:29:12 and 20:10:29:16. Mr. Jacobson also recommended an effective date of July 3, 2012.

     Commissioner Nelson moved to approve the proposed tariff revisions and grant waivers with an effective date of July 3, 2012.  Motion carried 3-0.

2.     TC12-114     In the Matter of the Filing by Broadvox-CLEC, LLC for Approval of its Tariff No. 1 (Staff Analyst: David Jacobson, Staff Attorney: Karen Cremer)

Mr. Dave Jacobson, staff analyst, requested that the Commission grant approval with a waiver of ARSD 20:10:29:10; 20:10:29:12 and 20:10:29:16. Mr. Jacobson also recommended an effective date of February 26, 2013.

     Commissioner Hanson moved to approve the proposed tariff revisions and grant waivers with an effective date of February 26, 2013.  Motion carried 3-0.

3.     TC12-192     In the Matter of the Petition of Total Call Mobile, Inc. for Designation as an Eligible Telecommunications Carrier (Staff Analyst: David Jacobson, Staff Attorney: Kristen Edwards)

A lengthy discussion took place regarding docket TC12-192.  An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2013, February 26, 2013, recording located at: http://puc.sd.gov/commission/media/2013/puc02262013.mp3. 

     Commissioner Nelson moved to grant intervention to SDTA. Motion carried 3-0.

4.     TC13-010     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 Fort Randall Telephone Company (Staff Attorney: Patrick Steffensen; Staff Attorney: Karen Cremer)

Ms. Karen Cremer, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions. Ms. Cremer stated no comments were filed and therefore recommended approval.

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

5.     TC13-017     In the Matter of the Approval of an ICC VoIP Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Neutral Tandem, Inc. (Staff Attorney: Karen Cremer)
        
Ms. Karen Cremer, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions. Ms. Cremer stated no comments were filed and therefore recommended 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 3:00 p.m. the South Dakota Public Utilities Commission meeting adjourned.

/S/Joy Irving
Joy Irving
Administrative Assistant
puc@state.sd.us
February 26, 2013