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South Dakota Public Utilities Commission Meeting
August 5, 2015, at 1:30 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Chris Nelson called the meeting to order. Present were: Commissioner: Gary Nelson; Commission Counsel: John Smith and Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorneys: Karen Cremer, Kristen Edwards, and Adam de Hueck; Staff Analysts: Brittany Mehlhaff, Darren Kearney, Eric Paulson, Patrick Steffensen, Brian Rounds, Lorena Reichert and Joseph Rezac; Consumer Affairs Manager: Deb Gregg; and Staff: Katlyn Gustafson.
Also present were:
Brett Koenecke, May, Adam, Gerdes and Thompson, LLP, representing Northern States Power Company dba Xcel Energy, Otter Tail Power Company and Montana-Dakota Utilities Co.; and Margo Northrup, Riter, Rogers, Wattier & Northrup LLP representing Venture Communications Cooperative and Cheyenne River Sioux Tribe.
Joining the meeting by telephone were:
Eric Pauli, Jim Wilcox, Pat Boland, Rebecca Yakesh, Brian Doyle, Deb Paulson, Jennifer Roesler, Steve Huso, Tom McDonough and Jessie Peterson, Northern States Power Company dba Xcel Energy; Tamie Aberle and Stephanie Bausch, Montana-Dakota Utilities, Co.; Mona Thompson, Cheyenne River Sioux Tribe Telephone Authority; Meredith Moore, Cutler & Donahoe LLP, representing Alliance Communications Cooperative Inc.; Janelle Jessen, Venture Communications; Tracy Bandemer, Interstate Telecommunications Cooperative; Laura Julius, Steve Meyer, Curt Kabris, Brookings Municipal Telephone dba Swiftel Communications, LLP and City of Brookings Municipal Telephone; Ms. Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy & Prendergast, representing Brookings Municipal Telephone dba Swiftel Communications, LLP and City of Brookings Municipal Telephone; and Jason Topp, Qwest Corporation dba CenturyLink QC.
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 116 contacts since the last report was prepared for the July 21, 2015 Commission meeting.
7 contacts involved telecommunication services, 18 contacts involved electrical services, 4 contacts involved natural gas service, 5 contacts were related to wireless service, 9 contacts were related to the Do Not Call Registry, 1 contact was related to Wind Energy, 3 contacts were related to the Dakota Access Pipeline, 58 contacts were related to the Keystone XL Pipeline and 11 contacts were related to issues not regulated by the PUC.
1,914 of the 1,916 complaints received in 2014 have been resolved.
1,167 of the 1,184 complaints received in 2015 have been resolved.
Electric
Ms. Karen Cremer, staff attorney, asked for deferral of this docket until the September 1, 2015, Commission meeting and stated all parties have agreed to deferral.
Ms. Deb Paulson, Northern States Power Company, doing business as Xcel Energy (Xcel Energy), asked for approval of a limited one-time waiver of the Company's cancellation charge for its customers under Peak Controlled Service and Energy Controlled Service tariffs. The waiver allows Xcel Energy to confirm, and adjust if needed, customer participation levels in Peak Controlled Service and Energy Controlled Service in order to facilitate registering the Company's demand response resources with the Midcontinent Independent System Operator. Ms. Paulson stated that staff requested a compliance filing by January 31, 2016, which Xcel agreed to. Mr. Darren Kearney, staff analyst, recommended approval of the waiver and that the Commission require a compliance filing due by January 31, 2016.
Commissioner Hanson moved to approve Xcel Energy's Petition for a limited one time waiver of cancellation charges for customers under Peak Controlled Service and Energy Controlled Service tariffs effective through December 31, 2015 and Xcel will file a compliance filing which shall be due January 31, 2016. Motion carried 2-0.
Mr. Pat Boland, Northern States Power Company dba Xcel Energy (Xcel), asked for approval of its revised welcome brochures. Xcel redesigned its welcome brochures for both residential and business customers. Ms. Kristen Edwards, staff attorney, recommended approval for the Revised Residential Welcome Brochure and the Revised Business Welcome Brochure. Commissioner Nelson recommended two changes and Xcel agreed to the changes.
Commissioner Nelson moved to approve Xcel's Revised Residential Welcome Brochure and Revised Business Welcome Brochure. Motion carried 2-0.
Ms. Tamie Aberle, Montana-Dakota Utilities, Co. (MDU), asked for approval of the tariff revisions regarding modifying its Occasional Power Purchase Non-Time Differentiated Rate 95, Short-Term Power Purchase Time Differentiated Rate 96, and Long-Term Power Purchase Time Differentiated Rate 97. Mr. Eric Paulson, staff analyst, recommended approval with an effective date of August 15, 2015.
Commissioner Hanson moved to approve Montana-Dakota Utilities Co.'s tariff revisions. Motion carried 2-0.
Telecommunications
Mr. Brian Rounds, staff analyst, recommended that the Commission grant approval to dishNET Wireline L.L.C. (dishNET), and asked for Commission approval of revisions to dishNET's access tariff effective July 1, 2015.
Commissioner Nelson moved to approve dishNET's revisions to its South Dakota P.U.C. Tariff No. 2. Motion carried 2-0.
Mr. Eric Paulson, staff analyst, recommended that the Commission grant approval to Airus, Inc. (Airus), and asked for Commission approval of revisions to Airus' access tariff effective July 31, 2015.
Commissioner Hanson moved to approve the revisions to Airus, Inc.'s Access Services Tariff No. 1. Motion carried 2-0.
3. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC15-024, TC15-030, TC15-031, TC15-032, TC15-033, TC15-034, TC15-035 and TC15-040.
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup LLP representing Cheyenne River Sioux Tribe Telephone Authority (CRST), asked that the Commission grant approval to CRST's request. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant certification to CRST.
Mr. Eric Paulson, staff analyst, recommended that the Commission grant certification to Midcontinent Communications.
Meredith Moore, Cutler & Donahoe LLP, representing Alliance Communications Cooperative, Inc. (Alliance), asked that the Commission grant approval to Alliance's request. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant certification to Alliance.
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup LLP representing Venture Communications Cooperative (Venture), asked that the Commission grant approval to Venture's request. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant certification to Venture.
Ms. Tracy Brademer, Interstate Telecommunications Cooperative, Inc. (ITC), asked that the Commission grant approval to ITC's request. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant certification to ITC.
Ms. Tracy Brademer, Interstate Telecommunications Cooperative, Inc. fka SSTELCOM, Inc. (ITC fka SSTELCOM), asked that the Commission grant approval to ITC fka SSTELCOM's request. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant certification to ITC fka SSTELCOM.
Ms. Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy & Prendergast, representing City of Brookings Municipal Telephone (Brookings Telephone), asked that the Commission grant approval to Brookings Telephone's request. Mr. Eric Paulson, staff analyst, recommended that the Commission grant certification to Brookings Telephone.
Ms. Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy & Prendergast, representing Brookings Municipal Telephone dba Swiftel Communications, LLP (Brookings), asked that the Commission grant approval to Brookings' request. Mr. Eric Paulson, staff analyst, recommended that the Commission grant certification to Brookings.
Commissioner Nelson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support. Motion carried 2-0.
Mr. Eric Paulson, staff analyst, recommended that the Commission grant approval to Teleport Communications America, LLC (TCAL), and asked for Commission approval of revisions to TCAL's access tariff effective August 1, 2015.
Commissioner Hanson moved to approve the revisions to Teleport Communications America, LLC's Access Services Tariff. Motion carried 2-0.
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the adoption of the amendment to the interconnection agreement. Ms. Kristen Edwards, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Edwards recommended that the Commission grant approval.
Commissioner Nelson moved to approve the Amendment to the Interconnection Agreement. Motion carried 2-0.
There being no further business, at the hour of 2:02 p.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Tina Douglas .
Tina Douglas
Administrative Assistant
PUC Email
August 5, 2015
