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South Dakota Public Utilities Commission Meeting
January 27, 2014, at 1:30 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; Staff Analysts: Robin Meyerink, Eric Paulson, Brittany Mehlhaff, David Henry, and Patrick Steffensen; Consumer Affairs Supervisor: Deb Gregg; and Staff: Joy Lashley and Katlyn Gustafson

Also present were:
Bill VanCamp, Olinger, Lovald, McCahren & Reimers, P.C., representing AT&T Corp.; Rich Coit, South Dakota Telecommunications Association; Sabrina King, Dakota Rural Action; Darla Rogers, Riter, Rogers, Wattier & Northrup, LLP, representing South Dakota Rural Electric Association

Joining the meeting by telephone were:
Brian Rounds, staff; Jason Topp, Qwest Corporation dba CenturyLink QC; Kari Valley, Northern States Power Company dba Xcel Energy; Al Brogan and Sarah Norcott, NorthWestern  Corporation dba NorthWestern Energy; Bruce Gerhardson and Matt Olsen, Otter Tail Power Company; Stephanie Chase, Environmental Law & Policy Center; Ryan Tackett, Nadine Ezzie, and Dana Hoyle, Broadvox-CLEC, LLC; and Matt Dean, ANPI, LLC

Administration

1.     Approval of the Minutes of the Commission meeting held on January 7, 2014. (Staff: Joy Lashley)

     Commissioner Nelson moved to approve the minutes of the Commission meeting held on January 7, 2014. 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 181 contacts since the last report was prepared for the January 7, 2014 Commission meeting.

16 of the contacts involved telecommunication services, 67 of the contacts involved electrical services, 18 of the contacts involved natural gas service, 6 contacts involved cell phone service, 51 contacts were related to the Do Not Call Registry, and 23 contacts were related to issues not regulated by the PUC.

1,854 of the 1,860 complaints received in 2013 have been resolved.

181 of the 201 complaints received in 2014 have been resolved.

Electric

1.     EL13-042     In the Matter of the Joint Request for an Electric Service Rights Exception between NorthWestern Corporation dba NorthWestern Energy and Bon Homme, Yankton Electric Association, Inc. (Staff Analyst: Eric Paulson; Staff Attorney: Karen Cremer)

Mr. Eric Paulson, staff analyst, recommended that the Commission approve the consent and agreement for the electric service in the assigned service territory of another electric supplier to allow a service rights exception pursuant to SDCL § 49-34A-55.

     Commissioner Fiegen moved to approve the Consent and Agreement for Electric Service in Assigned Service Territory of Another Electric Supplier to allow a service rights exception pursuant to SDCL § 49-34A-55. Motion carried 3-0.

Rulemaking

1.     RM13-002       In the Matter of the Consideration of Standards to Govern Avoided Cost Determinations (Staff Analyst: Brian Rounds; Staff Attorney: Karen Cremer)

A lengthy discussion took place regarding docket RM13-002. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2014, January 27, 2014, recording located at: http://puc.sd.gov/commission/media/2014/puc01272014.mp3

     Commissioner Nelson moved to proceed with a rulemaking regarding the requirements for establishing a Legally Enforceable Obligation, moved that interested parties submit comments on what might be included in such a rulemaking by March 1, 2014, and directed PUC staff to subsequently recommend a set of rules. Motion carried 3-0.

Telecommunications

1.     TC13-109     In the Matter of Qwest Corporation dba CenturyLink QC's Petition for Approval of Non-Impaired Wire Center Lists Pursuant to the Triennial Review Remand Order (Staff Analyst: Robin Meyerink; Staff Attorney: Karen Cremer)

A lengthy discussion took place regarding docket TC13-109. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2014, January 27, 2014, recording located at: http://puc.sd.gov/commission/media/2014/puc01272014.mp3

     Commissioner Nelson moved to defer further action on this docket until CenturyLink has proposed a South Dakota specific document.  Motion carried 3-0.

     Commissioner Fiegen moved to grant CenturyLink's request for a Protective Order requiring any parties to comply with the Confidentiality Agreement.  Motion carried 3-0.

2.     TC13-137     In the Matter of the Filing by Broadvox-CLEC, LLC for Approval of Revisions to Tariff No. 1 (Staff Analyst: Eric Paulson; Staff Attorney: Karen Cremer)

Mr. Bill VanCamp, Olinger, Lovald, McCahren & Reimers, P.C., representing AT&T Corp. asked that the Commission grant intervention and requested to suspend the tariff and investigate. Ms. Karen Cremer, staff attorney, recommended that the Commission grant AT&T Corp. intervention and suspend the tariff for 120 days beyond the proposed effective date.

     Commissioner Nelson moved to grant intervention to AT&T Corp and pursuant to SDCL § 49-31-12.4 to suspend the tariff for 60 days beyond the proposed effective date.  Motion carried 3-0.

3.     TC13-138     In the Matter of the Application of ANPI, LLC for a Certificate of Authority to Provide Local Exchange Services and Internet Protocol in South Dakota (Staff Analyst: Robin Meyerink; Staff Attorney: Karen Cremer)

Ms. Robin Meyerink, staff analyst, recommended that the Commission grant the Certificate of Authority to ANPI Business, LLC (ANPI) with the conditions that, for retail purposes, ANPI 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. Mr. Matt Dean, Telecom Professionals, Inc., representing ANPI, stated ANPI had no objections.

     Commissioner Hanson 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 set forth by staff.  Motion carried 3-0.

There being no further business, at the hour of 2:25 p.m. the South Dakota Public Utilities Commission meeting adjourned.

/S/Joy Lashley
Joy Lashley
Administrative Assistant
puc@state.sd.us
January 27, 2014