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South Dakota Public Utilities Commission Meeting
July 19, 2016, at 9:30 A.M. CDT
Room 413, Capitol Building

Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Chris Nelson called the meeting to order. Present were: Commissioners: Kristie Fiegen and Gary Hanson; Commission Counsel: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Darren Kearney, Joseph Rezac, Eric Paulson, Brittany Mehlhaff, Patrick Steffensen, and Lorena Reichert; Consumer Affairs Supervisor: Deb Gregg; and Staff: Katlyn Gustafson.

Also present was:
Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Golden West Telecommunications Cooperative, Inc.

Joining the meeting by telephone were:
Denny Law and Jill Reinert, Golden West Telecommunications Cooperative, Inc.; Andrew Isar, Miller Isar, Inc., representing dishNET Wireline L.L.C.; Jennifer Bell, Burns and McDonnell, representing Prevailing Winds, LLC; Roland Jurgens, Mnioka Construction, LLC, representing Prevailing Winds, LLC; Lee Magnuson, Lindquist & Vennum, LLP, representing Prevailing Winds, LLC; and Pat McElroy and Alyssa Arens, Northeast Nebraska Telephone Company.

Administration

1.     Approval of the minutes of the Commission meeting held on July 5, 2016. (Staff: Joy Lashley)

     Commissioner Fiegen moved to approve the minutes of the Commission meeting held on July 5, 2016. 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 39 contacts since the last report was prepared for the July 5, 2016, Commission meeting.

Eight contacts involved telecommunication services, 11 contacts involved electrical services, three contacts were related to wireless service, two contacts were related to the Do Not Call Registry, three contacts were related to the Dakota Access Pipeline, and 12 contacts were related to issues not regulated by the PUC.

Complaints received in 2014: 1,914 of the 1,916 have been resolved.

Complaints received in 2016: 721 of the 740 have been resolved.

Electric

1.     EL16-022       In the Matter of the Application by Prevailing Winds, LLC for a Wind Energy Facility Permit for the Prevailing Winds Wind Energy Facility (Staff Analyst: Darren Kearney; Staff Attorneys: Kristen Edwards, Amanda Reiss)

Ms. Amanda Reiss, staff attorney, recommended that the Commission assess a filing fee not to exceed $353,500 with an initial deposit of $8,000 and authorize the Executive Director to enter into necessary consulting contracts. Mr. Lee Magnuson, Lindquist & Vennum, LLP, representing Prevailing Winds, LLC, stated Prevailing Winds, LLC, had no objections to staff's requests.

     Commissioner Hanson moved to assess a filing fee not to exceed $353,500 with an initial deposit of $8,000 and authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.

Telecommunications

1.     TC16-006      In the Matter of the Request of Northeast Nebraska Telephone Company, Study Area: 371576 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

Mr. Pat McElroy, Northeast Nebraska Telephone Company, asked that the Commission grant the waiver and certify Northeast Nebraska Telephone Company.  Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the Company's requests.

     Commissioner Fiegen moved to grant a one year waiver and 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 3-0.

2.     TC16-008      In the Matter of the Filing by dishNET Wireline L.L.C. for Approval of Revisions to its Access Services Tariff No. 2 (Staff Analyst: Lorena Reichert; Staff Attorney: Kristen Edwards)

Mr. Andrew Isar, Miller Isar, Inc., representing dishNET Wireline L.L.C. (dishNET), asked that the Commission approve dishNET's tariff revisions with an effective date of July 1, 2016. Ms. Lorena Reichert, staff analyst, recommended that the Commission approve dishNET's request.

     Commissioner Nelson moved to approve dishNET's revisions to its Tariff No. 2. Motion carried 3-0.

3.     TC16-010      In the Matter of the Request of Golden West Telecommunications Cooperative, Inc., Study Area Codes: Armour–391640, Golden West Telecom–391659, Kadoka–391667, Sioux Valley–391677, Union–391684 and Vivian–391686 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

A lengthy discussion took place regarding docket TC16-010. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2016, July 19, 2016, recording located at: http://puc.sd.gov/commission/media/2016/puc07192016.mp3.

     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 3-0.

There being no further business, at the hour of 10:03 a.m. the South Dakota Public Utilities Commission meeting adjourned.

 

/s/Joy Lashley     .
Joy Lashley
Administrative Assistant
PUC Email
July 19, 2016