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South Dakota Public Utilities Commission Meeting
June 4, 2013, at 1:00 P.M. CDT
Room 412, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Vice Chairman Chris Nelson and called the meeting to order. Present were: Commissioner: Kristie Fiegen; Commission Counsel: John Smith and Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorneys: Karen Cremer and Kristen Edwards; Staff Analysts: Patrick Steffensen, Brittany Mehlhaff, David Jacobson, Matthew Tysdal, Darren Kearney, Jason Simmons, Eric Paulson, Robin Meyerink, and David Henry; Consumer Affairs Supervisor: Deb Gregg; and Staff: Sherry Dickerson

Also present were:
Darla Rogers, Riter, Rogers, Wattier & Northrup, LLP, representing South Dakota Telecommunications Association; Bob Mercer, Reporter; Michael Vehle, Senate District 20; Brenda Forman, SD Associate of Coops; Jerry Cope and Kathy Zander, SD Grain and Feed Association; Mike Traxinger, SD Farmers Union; Ray Martinmaas, Self; and Lowell Mesman, SD Farm Bureau

Joining the meeting by telephone were:
Chairman Gary Hanson; Brett Ferenchak, Bingham McCutchen LLP, representing TNCI Operating Company LLC; Jeff Compton, TNCI Operating Company LLC; Peter Helms, Trans National Communications International, Inc.

(NOTE: For the purpose of continuity, these minutes are not necessarily in chronological order.)

Administration

1.     Approval of the corrected Minutes of the Commission Meeting Held on May 7, 2013 (Staff: Joy Irving)

     Commissioner Fiegen moved to approve the corrected Minutes of the Commission Meeting held on May 7, 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 67 contacts since the last report was prepared for the May 21, 2013 Commission meeting.

11 of the contacts involved telecommunication services, 19 of the contacts involved electrical services, 4 contacts involved natural gas services, 2 contacts gas and electric service, 8 contacts involved cell phone service, 5 contacts were related to the Do Not Call Registry, 1 contact was related to the Grain Warehouse Division and 17 contacts were related to issues not regulated by the PUC.

737 of the 771 complaints received in 2013 have been resolved.

Grain

1.     GW13-002     In the Matter of the Filing by South Dakota Grain & Feed Association for the Approval of a Waiver of ARSD 20:10:12:13(9) (Staff Analyst: Jim Mehlhaff; Staff Attorney: Kristen Edwards)

A lengthy discussion took place regarding docket GW13-002.  An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2013, June 4, 2013, recording located at: http://puc.sd.gov/commission/media/2013/puc06042013.mp3

     Commissioner Nelson moved to deny a waiver of ARSD 20:10:12:13(9) to all licensed grain buyers. Motion carried 3-0.

     Commissioner Nelson moved to open a rulemaking docket regarding these issues. Motion carried 3-0.

Telecommunications

1.     TC13-035     In the Matter of the Application of Boomerang Wireless LLC dba enTouch Wireless for Designation as an Eligible Telecommunications Carrier (Staff Analyst: Robin Meyerink; Staff Attorney: Karen Cremer)

Ms. Darla Rogers, Riter, Rogers, Wattier & Northrup, LLP, representing South Dakota Telecommunications Association (SDTA) asked that the Commission grant approval to SDTA's request. Ms. Karen Cremer, staff attorney, recommended that the Commission grant intervention to SDTA.

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

2.     TC13-038     In the Matter of the Application for Transfer of Certificates of Authority from Trans National Communications International, Inc. to TNCI Operating Company LLC (Staff Analysts: Robin Meyerink, David Jacobson; Staff Attorney: Karen Cremer)

Mr. Brett Ferenchak, Bingham McCutchen LLP, representing TNCI Operating Company LLC (TNCI-OpCo), asked that the Commission grant its certificate of authority. Ms. Robin Meyerink, staff analyst, recommended that the Commission grant TNCI-OpCo's request with the restrictions on prepayments and collection of advance payments and deposits and subject to rural safeguards and that the Commission grant a waiver regarding financial statements.

     Commissioner Nelson moved to grant the Certificate of Authority to TNCI-OpCo with conditions recommended by Staff. Motion carried 3-0.

There being no further business, at the hour of 2:07 p.m. the South Dakota Public Utilities Commission meeting adjourned.

 

/S/Joy Irving
Joy Irving
Administrative Assistant
puc@state.sd.us
June 4, 2013