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South Dakota Public Utilities Commission Meeting
May 9, 2017, at 9:30 A.M. CDT
Room 413, Capitol Building

Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairperson Kristie Fiegen called the meeting to order. Present were: Commissioners: Gary Hanson and Chris Nelson; Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: 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; and Staff: Katlyn Gustafson.

Present were:
Steve Kolbeck, Northern States Power Company dba Xcel Energy; and Rich Coit, South Dakota Telecommunications Association.

Joining the meeting by telephone were:
Jason Topp, Qwest Corporation dba CenturyLink QC; Robin Enkey, Budget PrePay, Inc. dba Budget Mobile; David Lust, Gunderson, Palmer, Nelson & Ashmore, LLP, representing Budget PrePay, Inc. dba Budget Mobile; Pam Bonrud, Jerry Bertsch and Rick Edwards, NorthWestern Corporation dba NorthWestern Energy; Amanda Rome, Northern States Power Company dba Xcel Energy; Sharon Thomas, Technologies Management, Inc., representing MAGICJACK SMB, INC. and Broadsmart Global, Inc.; and Mark Pavol and Tina Tecce, MAGICJACK SMB, INC. and Broadsmart Global, Inc.

Administration

1.     Approval of the minutes of the Commission meeting held on April 27, 2017. (Staff: Joy Lashley)

     Commissioner Nelson moved to approve the minutes of the Commission meeting held on April 27, 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 74 contacts since the last report was prepared for the April 27, 2017, Commission meeting.

Six contacts involved telecommunication services, 25 contacts involved electrical services, three contacts were related to natural gas services, 20 contacts were related to wireless service, 11 contacts were related to the Do Not Call Registry, one contact was related to Wind Energy, and eight 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: 581 of the 604 have been resolved.

Electric

1.     EL16-037     In the Matter of Commission Staff’s Request to Investigate Northern States Power Company dba Xcel Energy’s Proposed Fuel Clause Rider (Staff Analysts: Jon Thurber, Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

Ms. Kristen Edwards, staff attorney, requested that the Commission give the Executive Director authority to enter into a consulting contract not to exceed $50,000. Mr. Steve Kolbeck, Northern States Power Company dba Xcel Energy (Xcel), stated Xcel had no objections.
  
     Commissioner Hanson moved to give the Executive Director authority to enter into a consulting contract not to exceed $50,000. Motion carried 3-0.

*Chairperson Fiegen requested to hear dockets EL17-016 and NG17-005 together.

2.     EL17-016     In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy’s for Approval of its 2017 Economic Development Plan and 2016 Economic Development Report (Staff Analyst: Lorena Reichert; Staff Attorney: Kristen Edwards)

Natural Gas

1.     NG17-005      In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of its 2017 Economic Development Plan and 2016 Economic Development Report (Staff Analyst: Lorena Reichert; Staff Attorney: Kristen Edwards)

Mr. Rick Edwards, NorthWestern Corporation dba NorthWestern Energy (NorthWestern), asked that the Commission approve NorthWestern’s 2017 Economic Development Plan and 2016 Economic Development Report in dockets EL17-016 and NG017-005. Ms. Lorena Reichert, staff analyst, recommended that the Commission approve NorthWestern’s requests.

     In dockets EL17-016 and NG17-005, Commissioner Nelson moved to approve NorthWestern’s 2017 Economic Development Budget and 2016 Economic Development Report. Motion carried 3-0.

Telecommunications

1.     TC13-106     In the Matter of the Application of i-wireless LLC for Designation as an Eligible Telecommunications Carrier (Staff Analyst: Darren Kearney; Staff Attorney: Karen Cremer)

Ms. Karen Cremer, Commission Attorney, asked that the Commission grant i-wireless’ request to withdraw, without prejudice, its Petition for Designation as an Eligible Telecommunications Carrier and close the docket.

     Commissioner Nelson moved to grant i-wireless’ request to withdraw, without prejudice, its Petition for Designation as an Eligible Telecommunications Carrier and close the docket. Motion carried 3-0.

2.     TC17-012     In the Matter of the Application of MAGICJACK SMB, INC. for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

A lengthy discussion took place regarding docket TC17-012. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2017, May 9, 2017, recording located at: http://puc.sd.gov/commission/media/2017/puc05092017.mp3.

3.     TC17-013     In the Matter of the Application of Broadsmart Global, Inc. for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

     Commissioner Fiegen deferred dockets TC17-012 and TC17-013 until the next Commission meeting.

4.     TC17-014     In the Matter of the Approval of an Carrier Partner for Interconnected VoIP Provider Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Neutral Tandem-South Dakota, LLC (Staff Analyst: Lorena Reichert; Staff Attorney: Kristen Edwards)

Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Neutral Tandem-South Dakota, LLC. Ms. Kristen Edwards, staff attorney, stated that the agreement 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 Fiegen moved to approve the Amendment to the Interconnection Agreement. Motion carried 3-0.

5.     TC17-015     In the Matter of the Petition of Budget PrePay, Inc. dba Budget Mobile to Relinquish Its Designation as an Eligible Telecommunications Carrier (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

Mr. David Lust, Gunderson, Palmer, Nelson & Ashmore, LLP, representing Budget PrePay, Inc. dba Budget Mobile; (Budget), asked that the Commission approve Budget’s petition for relinquishment of its Eligible Telecommunications Carrier Designation throughout its entire South Dakota designated ETC area effective June 9, 2017. Mr. Eric Paulson, staff analyst, recommended that the Commission approve Budget’s request.

     Commissioner Nelson moved to Grant the Petition for Relinquishment of Eligible Telecommunications Carrier Designation effective June 9, 2017. Motion carried 3-0.

There being no further business, at the hour of 10:15 a.m., the South Dakota Public Utilities Commission meeting adjourned.

 

/s/Joy Lashley     .
Joy Lashley
Administrative Assistant
PUC Email
May 9, 2017