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South Dakota Public Utilities Commission Meeting
November 25, 2014, at 9:30 A.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 and Kristen Edwards; Staff Analysts: Brittany Mehlhaff, Eric Paulson, Patrick Steffensen, Darren Kearney, David Henry, and Joseph Rezac; Consumer Affairs Supervisor: Deb Gregg; and Staff: Katlyn Gustafson.
Also present were:
Bruce Gerhardson, Anthony Harris, Mark Rolfes, and Pete Beithon, Otter Tail Power Company.
Joining the meeting by telephone were:
Geri Coyne, Otter Tail Power Company; John Gors, Clay-Union Electric Cooperative, Inc.; Kavita Maini, Staff; Dennis Fogland, Baird Holm LLP, representing Roberts County Telephone Cooperative Association and RC Communications, Inc; Scott Bostrom, Roberts County Telephone Cooperative Association and RC Communications, Inc; and Brad Schardin, Southeastern Electric Cooperative, Inc.
(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 November 12, 2014. (Staff: Joy Lashley)
Commissioner Nelson moved to approve the minutes of the Commission meeting held on November 12, 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 56 contacts since the last report was prepared for the November 12, 2014 Commission meeting.
10 of the contacts involved telecommunication services, 13 of the contacts involved electrical services, 2 of the contacts involved natural gas service, 3 contacts involved cell phone service, 14 contacts were related to the Do Not Call Registry, 1 contact was related to the Dakota Access Pipeline, and 13 contacts were related to issues not regulated by the PUC.
1,713 of the 1,737 complaints received in 2014 have been resolved.
Electric
A lengthy discussion took place regarding docket EL14-082. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2014, November 25, 2014, recording located at:
http://puc.sd.gov/commission/media/2014/PUC11252014.mp3.
Commissioner Nelson moved to approve the establishment of the Environmental Quality Cost Recovery Tariff, revised tariff sheets, and proposed adjustment factor with an effective date of December 1, 2014. Motion carried 3-0.
Mr. David Henry, staff analyst, recommended that the Commission approve the proposed electric service territory boundary agreement between Beresford Municipal Electric and Clay-Union Electric Cooperative, Inc.
Commissioner Fiegen moved to approve the proposed electric service territory boundary agreement. Motion carried 3-0.
Mr. David Henry, staff analyst, recommended that the Commission approve the proposed electric service territory boundary agreement between Beresford Municipal Electric and Southeastern Electric Cooperative, Inc.
Commissioner Nelson moved to approve the proposed electric service territory boundary agreement. Motion carried 3-0.
Ms. Geri Coyne, Otter Tail Power Company, asked that the Commission approve a joint request for service rights exception between Lake Region Electric Association, Inc. and Otter Tail Power Company. The purpose of the filing is to allow Lake Region Electric to extend a line to provide three-phase service in Otter Tail Power's assigned service territory. Mr. Joseph Rezac, recommended that the Commissioners approve the request for the service rights exception.
Commissioner Fiegen moved to approve the joint request for service rights exception between Lake Region Electric Association, Inc. and Otter Tail Power Company. Motion carried 3-0.
Telecommunications
1. In the Matter of the Failure of Certain Telecommunications Companies to Timely Pay their Gross Receipts Tax (Finance Manager: Cindy Kemnitz)
Ms. Cindy Kemnitz, Finance Manager, stated that the following companies have failed to timely pay their gross receipts tax as required by SDCL 49-1A and recommended that the Commission issue an Order to Show Cause.
Local Exchange and Long Distance Providers:
Comtech 21, LLC
Momentum Telecom, Inc.
Long Distance Providers:
Legacy Long Distance International, Inc.
Telecare, Inc.
Commissioner Nelson moved to issue an Order to Show Cause as to why the Commission should not fine, and/or suspend or revoke the Certificates of Authority of each of these companies for failure to timely pay the requisite gross receipts tax. Motion carried 3-0.
Mr. Dennis Fogland, Baird Holm LLP, representing Roberts County Telephone Cooperative Association (Roberts County) and RC Communications, Inc. (RC Communications) asked that the Commission grant approval to the waiver of A.R.S.D. 20:10:32:03: (6), (7), (8)(c), (10), (13), (14), (15), (18), (19), (20), and (22) and also approve Roberts County's amended Certificate of Authority and approve RC Communications' amended Certificate of Authority and its transfer to Roberts County. Mr. Joseph Rezac, recommended that the Commission grant approval to Roberts County and RC Communications' requests.
Commissioner Nelson moved to grant the waiver of A.R.S.D. 20:10:32:03: (6), (7), (8)(c), (10), (13), (14), (15), (18), (19), (20), and (22) approve Roberts County's amended Certificate of Authority and approve RC Communications' amended Certificate of Authority and its transfer to Roberts County upon completion of the merger. Motion carried 3-0.
There being no further business, at the hour of 10:40 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
November 25, 2014
