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South Dakota Public Utilities Commission Meeting
July 2, 2013, at 9:30 A.M. CDT
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; Staff Attorneys: Karen Cremer and Kristen Edwards; Staff Analysts: Patrick Steffensen, Brittany Mehlhaff, Matthew Tysdal, Darren Kearney, Jason Simmons, Eric Paulson, Robin Meyerink, Brian Rounds, and David Henry; Consumer Affairs Supervisor: Deb Gregg; and Staff: Sherry Dickerson

Also present were:
Jim Wilcox and Joel Limoges, Northern States Power Company d/b/a Xcel Energy; and Kara Semmler, May, Adam, Gerdes & Thompson, representing Northern States Power Company d/b/a Xcel Energy and Otter Tail Power Company

Joining the meeting by telephone were:
Bill Hunt, dishNET Wireline, L.L.C. fka Liberty-Bell, LLC; Tom Hillstrom, Northern States Power Company d/b/a Xcel Energy; Jason Topp and Mike Williams, Qwest Corporation dba CenturyLink QC; and Matt Dean, Telecom Professionals, Inc., representing ANPI Business, LLC

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

Administration

1.     Approval of the Minutes of the Commission Meeting held on June 18, 2013. (Staff: Joy Lashley)

     Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on June 18, 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 78 contacts since the last report was prepared for the June 18, 2013, Commission meeting.

8 of the contacts involved telecommunication services, 23 of the contacts involved electrical services, 4 contacts involved natural gas service, 17 contacts involved cell phone service, 15 contacts were related to the Do Not Call Registry, 2 contacts were related to Wind Energy, 4 contacts were related to One Call and 5 contacts were related to issues not regulated by the PUC.

821 of the 854 complaints received in 2013 have been resolved.

Electric

 1.     EL13-020     In the Matter of the Application of Xcel Energy and Otter Tail Power Company for a Permit to Construct the Big Stone South to Brookings County 345 kV Transmission Line (Staff Analysts: Brian Rounds, Darren Kearney; Staff Attorney: Karen Cremer)

Ms. Karen Cremer, staff attorney, recommended pursuant to SDCL 49-41B-12, that the Commission assess a filing fee not to exceed $254,360 with an initial deposit of $8,000. Ms. Kara Semmler, May, Adam, Gerdes & Thompson, representing Northern States Power Company dba Xcel Energy and Otter Tail Power Company, stated that the parties had no objection to the filing fee and deposit.

     Commissioner Fiegen moved to assess a filing fee not to exceed $254,360 with an initial deposit of $8,000. Motion carried 3-0.

2.     EL13-021     In the Matter of the Joint Request for Service Rights Exception between Northern States Power Company dba Xcel Energy and Sioux Valley Energy Electric Cooperative (Staff Analyst: Brian Rounds; Staff Attorney: Karen Cremer)

Mr. Jim Wilcox, Northern States Power Company dba Xcel Energy (Xcel), asked that the Commission approve the exception to the existing service territory boundary to permit Xcel to provide three-phase service to an irrigation center pivot located in Sioux Valley Energy Electric Cooperative's (Sioux Valley) service territory. Mr. Brian Rounds, staff analyst, recommended that the Commission grant approval to Xcel and Sioux Valley Energy subject to the condition that the parties file an amended map. Commission Counsel, Mr. John Smith, Commission Counsel, recommended adding language to the motion and order clarifying that the exception is for this service only and not a permanent location exception and will terminate upon termination of this particular service.

     Commissioner Nelson moved to approve the requested service rights exception with staff's and Commission Counsel's recommendations. Motion carried 3-0.

Telecommunications

1.     TC13-021     In the Matter of the Application of ANPI Business, LLC for a Certificate of Authority to Provide Local Exchange Services in South Dakota (Staff Analyst: Robin Meyerink; Staff Attorney: Kristen Edwards)

Matt Dean, Telecom Professionals, Inc., representing ANPI Business, LLC (ANPI Business), requested that the Commission approve its application for a Certificate of Authority to provide local exchange services in South Dakota. Ms. Robin Meyerink, staff analyst, recommended that the Commission grant the Certificate of Authority to ANPI Business, with the conditions that, for retail purposes, ANPI Business not offer any prepaid services, including prepaid calling cards, and not accept or require any deposits or advance payments without prior approval of the Commission and that the applicant be subject to rural safeguards.

     Commissioner Nelson moved to grant the application of ANPI Business, LLC for a Certificate of Authority to provide local exchange services in South Dakota with the conditions outlined by staff. Motion carried 3-0.

2.     TC13-030     In the Matter of the Filing for Approval of a Service Performance Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and dishNET Wireline, L.L.C. fka Liberty-Bell, LLC (Staff Attorney: Karen Cremer)

Ms. Cremer recommended that the Commission approve the amendment to the interconnection agreement. Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, (Qwest), clarified that the implementation of the amendment would be consistent with the amendment filed in Minnesota.

     Commissioner Nelson moved to approve the amendment to the interconnection agreement and stated that the order should contain Qwest's clarification. Motion carried 3-0.

3.     TC13-047     In the Matter of the Filing by Qwest Corporation dba CenturyLink QC for Approval of Revisions to its Access Service Tariff (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)

Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (Qwest), asked for Commission approval of revisions to its Access Service Tariff. Mr. Darren Kearney, staff analyst, recommended that the Commission approve Qwest's revised tariff effective July 2, 2013.

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

There being no further business, at the hour of 9:50 a.m., the South Dakota Public Utilities Commission meeting adjourned.

 

/S/Joy Lashley
Joy Lashley
Administrative Assistant
puc@state.sd.us
July 2, 2013