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South Dakota Public Utilities Commission Meeting
April 10, 2017, at 10:30 A.M. CDT
Room 413, Capitol Building

Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

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

Present were:
William Taylor, Taylor Law Firm, LLC, representing Boomerang Wireless LLC dba enTouch Wireless; Kimberley Lehrman, Boomerang Wireless LLC dba enTouch Wireless; Rich Coit, South Dakota Telecommunications Association; Darla Rogers, Riter, Rogers, Wattier & Northrup, LLP, representing South Dakota Telecommunications Association.

Joining the meeting by telephone were:
Kristie Fiegen, Chairperson; Larry Janes, South Dakota One Call Executive Director; Codi Gregg, South Dakota One Call; Eric Pauli and Jessica Peterson, Northern States Power Company dba Xcel Energy; Andy Gibson, Jones Walker, representing Boomerang Wireless LLC dba enTouch Wireless; Andy Yackley, Evangelical Lutheran Good Samaritan Society; Carey Roesel, Technologies Management, Inc., representing Broadvox-CLEC, LLC; and Jason Keil, Black Hills Power, Inc. dba Black Hills Energy.

Administration

1.     Approval of the minutes of the Commission meeting held on March 28, 2017. (Staff: Joy Lashley)

     Commissioner Nelson moved to approve the minutes of the Commission meeting held on March 28, 2017. 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 58 contacts since the last report was prepared for the March 28, 2017, Commission meeting.

Seven contacts involved telecommunication services, 24 contacts involved electrical services, two contacts were related to natural gas services, six contacts were related to wireless service, one contact was related to Dakota Access Pipeline, one contact was related to the Keystone XL Pipeline, nine contacts were related to the Do Not Call Registry, three contacts were related to Wind Energy and five 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 2017: 433 of the 443 have been resolved.

Administration

1.     AA17-001      In the Matter of Clarification of the Commission’s ETC Certification Process (Staff Analyst: Lorena Reichert; Staff Attorney: Kristen Edwards)

A lengthy discussion took place regarding docket AA17-001. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2017, April 10, 2017, recording located at: http://puc.sd.gov/commission/media/2017/puc04102017.mp3.

     Commissioner Nelson moved that the ETC certification requirements are waived and clarified as set forth in previous orders, consistent with the Commission’s April 26, 2013 order in Docket TC13-027, with the exception of ARSD 20:10:32:54(1) and (2), ordered that companies submit information required by ARSD 20:10:32:54(1) and (2), and that carriers are no longer required to include their most recent FCC Form 477 submission data when carriers file their annual requests for ETC certification. Motion carried 3-0.

2.     AA17-002      Establishment of the Gross Receipts Tax Levy for the 2018 Fiscal Year (Finance Manager: Cindy Kemnitz)

Ms. Cindy Kemnitz, Finance Manager, requested that the Commission establish the rate of .0015 or $250, whichever is greater, and assess the gross receipts tax as authorized in SDCL 49-1A-3.

     Commissioner Fiegen moved to establish the rate of .0015 or $250, whichever is greater, and assess the Gross Receipts Tax as authorized in SDCL 49-1A-3.Motion carried 2-1. Commissioner Nelson dissenting.

Electric

1.     EL16-018      In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2015 Demand Side Management Report and 2017 Proposed Demand Side Management Plan (Staff Analyst: Darren Kearney; Staff Attorney: Amanda Reiss)

Mr. Eric Pauli, Xcel Energy (Xcel), asked that the Commission grant Xcel the authority to release 2017 DSM program dollars for a residential ground source heat pump rebate. Mr. Darren Kearney, staff analyst, recommended that the Commission grant Xcel’s request.

     Commissioner Hanson moved to grant Xcel the authority to release 2017 DSM program dollars for a residential ground source heat pump rebate. Motion carried 3-0.

2.     EL17-013      In the Matter of the Request by The Evangelical Lutheran Good Samaritan Society for a Variance from the Individual Metering Requirement in ARSD 20:10:26:03 for a 50 Unit Project in Rapid City, SD (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)

Mr. Darren Kearney, staff analyst, recommended that the Commission grant a variance from the individual metering requirements in ARSD 20:10:26:03 for electric service at The Evangelical Lutheran Good Samaritan Society’s new 50-unit building for low-income elderly housing in Rapid City, S.D.

     Commissioner Fiegen moved to grant a variance from the individual metering requirements in ARSD 20:10:26:03 for electric service at The Evangelical Lutheran Good Samaritan Society’s new 50-unit building for low-income elderly housing in Rapid City, S.D. Motion carried 3-0.

One Call

1.     OC16-006     In the Matter of the Complaint Filed by Montana Dakota Utilities Co., Rapid City, South Dakota, Against Jeremy Nehl, Rapid City, South Dakota, for an Incident Occurring on March 31, 2016, at 6740 Prestwick Rd. Rapid City, S.D. (One Call Executive Director: Larry Janes; Staff Attorney: Amanda Reiss)

Mr. Larry Janes, South Dakota One Call Executive Director, asked that the Commission bring an action in the name of the State of South Dakota pursuant to SDCL 49-7A-28 for the collection of the penalty against Jeremy Nehl for One Call violations.

     Commissioner Hanson moved to bring an action in the name of the State of South Dakota pursuant to SDCL 49-7A-28 for the collection of the penalty. Motion carried 3-0.

Telecommunications

1.     TC13-035      In the Matter of the Application of Boomerang Wireless LLC dba enTouch Wireless for Designation as an Eligible Telecommunications Carrier (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

A lengthy discussion took place regarding docket TC13-035. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2017, April 10, 2017, recording located at: http://puc.sd.gov/commission/media/2017/puc04102017.mp3.

     Commissioner Hanson moved to defer docket TC13-035 until a later Commission meeting. Motion carried 3-0.

2.     TC17-008      In the Matter of the Filing by Broadvox-CLEC, LLC for Approval of Revisions to its Switched Access Services Tariff No. 1 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve Broadvox-CLEC, LLC’s revisions to its Tariff No. 1 effective date of March 15, 2017.

     Commissioner Nelson moved to approve Broadvox-CLEC, LLC’s revisions to its Tariff No. 1 effective date of March 15, 2017. Motion carried 3-0.

There being no further business, at the hour of 12:17 p.m., the South Dakota Public Utilities Commission meeting adjourned.

 

/s/Joy Lashley     .
Joy Lashley
Administrative Assistant
PUC Email
April 10, 2017