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South Dakota Public Utilities Commission Meeting
May 23, 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, Jon Thurber, Brittany Mehlhaff, and Lorena Reichert; and Staff: Katlyn Gustafson.

Present were:
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, Jon Thurber, Brittany Mehlhaff, and Lorena Reichert; and Staff: Katlyn Gustafson.

Joining the meeting by telephone were:
Todd Brink, Black Hills Power, Inc. dba Black Hills Energy; Carey Roesel, Technologies Management, Inc., representing Wide Voice, LLC; Sharon Thomas, Technologies Management, Inc., representing MAGICJACK SMB, INC. and Broadsmart Global, Inc.; Mark Pavol and Tina Tecce, MAGICJACK SMB, INC. and Broadsmart Global, Inc.; Corey Juhl, Consolidated Edison Development, Inc.; Al Brogan and Jeff Decker, NorthWestern Corporation dba NorthWestern Energy; Jerry Lush, self; Roger Scheibe, South Dakota Dairy; Randy Roen, Otter Tail Power Company; and Amanda Rome, Chris Shaw and John Chow, Northern States Power Company dba Xcel Energy.

Administration

1.     Approval of the minutes of the Commission meeting held on May 9, 2017. (Staff: Joy Lashley)

     Commissioner Nelson moved to approve the minutes of the Commission meeting held on May 9, 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 82 contacts since the last report was prepared for the May 9, 2017, Commission meeting.

Twelve contacts involved telecommunication services, 15 contacts involved electrical services, four contacts were related to natural gas services, one contact was related to gas and electric service, 17 contacts were related to wireless service, 13 contacts were related to the Do Not Call Registry, one contact was related to Wind Energy, two contacts were related to One Call, one contact was related to the Dakota Access Pipeline and 16 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: 656 of the 686 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)

A lengthy discussion took place regarding docket EL16-037. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2017, May 23, 2017, recording located at: http://puc.sd.gov/commission/media/2017/puc05232017.mp3.

     Commissioner Fiegen moved to issue an Order to Show Cause and to issue a procedural schedule as developed by the parties. Motion carried 3-0.

2.     EL16-042     In the Matter of Black Hills Power, Inc. dba Black Hills Energy’s Application for Adjustment in its Cogeneration and Small Power Production Service Simultaneous Net Billing Generation Credit Rate(s) (Staff Analysts: Patrick Steffensen, Joseph Rezac; Staff Attorney: Amanda Reiss)

A lengthy discussion took place regarding docket EL16-042. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2017, May 23, 2017, recording located at: http://puc.sd.gov/commission/media/2017/puc05232017.mp3.

     Commissioner Hanson moved to approve the revised tariff sheets and updated generation credit rate, effective June 1, 2017.Motion carried 3-0.

Gas and Electric

1.     GE16-005     In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of 2017 South Dakota Demand Side Management Plan (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)

Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy (NWE), asked that the Commission approve NWE’s tariff revisions effective June 1, 2017. Mr. Darren Kearney, staff analyst, recommended that the Commission approve NWE’s request.

     Commissioner Fiegen moved to approve the revised tariff sheets effective June 1, 2017. Motion carried 3-0.

Telecommunications

1.     TC13-022     In the Matter of the Application of Telrite Corporation dba Life Wireless, for Designation as an Eligible Telecommunications Carrier (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)

Mr. Darren Kearney, staff analyst, recommended that the Commission grant Telrite Corporation dba Life Wireless’ (Telrite) request to withdraw, without prejudice, its Petition for Designation as an Eligible Telecommunications Carrier in South Dakota and close the docket.

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

2.     TC17-001     In the Matter of the Application of Wide Voice, LLC for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

Mr. Carey Roesel, Technologies Management, Inc., representing Wide Voice, LLC (Wide Voice), asked that the Commission defer the docket until a later Commission meeting. Ms. Darla Rogers, representing South Dakota Telecommunications Association and South Dakota Network, LLC. did not object to Wide voice’s request.  Mr. Patrick Steffensen, staff analyst, recommended that the Commission defer the docket.

     Commissioner Fiegen deferred TC17-001 until a later Commission meeting.

3.     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)

Ms. Sharon Thomas, Technologies Management, Inc., representing MAGICJACK SMB, INC. (MAGICJACK SMB), asked that the Commission grant MAGICJACK’s request for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota. Mr. Patrick Steffensen, staff analyst, recommended that the Commission grant approval to MAGICJACK SMB for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota, with the conditions that, for retail purposes, MAGICJACK SMB not offer any prepaid services, including prepaid calling cards, and not accept or require any deposits or advance payments without prior approval of the Commission, and that the applicant be subject to rural safeguards.

     Commissioner Hanson moved to grant MAGICJACK SMB, INC.’s request for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota with staff’s recommendations. Motion carried 3-0.

4.     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)

Ms. Sharon Thomas, Technologies Management, Inc., representing Broadsmart Global, Inc. (Broadsmart), asked that the Commission grant Broadsmart’s request for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota. Mr. Eric Paulson, staff analyst, recommended that the Commission grant approval to Broadsmart for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota, with the conditions that, for retail purposes, Broadsmart not offer any prepaid services, including prepaid calling cards, and not accept or require any deposits or advance payments without prior approval of the Commission, and that the applicant be subject to rural safeguards.

     Commissioner Nelson moved to grant Broadsmart Global, Inc.’s request for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota with staff’s recommendations. Motion carried 3-0.

ADDENDUM TO THE
AGENDA OF COMMISSION MEETING

1.     EL16-021    In the Matter of the Complaint by Consolidated Edison Development, Inc. against NorthWestern Corporation dba NorthWestern Energy for Establishing a Purchase Power Agreement (Staff Analysts: Jon Thurber, Darren Kearney, Joseph Rezac; Staff Attorneys: Amanda Reiss, Kristen Edwards)

A lengthy discussion took place regarding docket EL16-021. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2017, May 23, 2017, recording located at: http://puc.sd.gov/commission/media/2017/puc05232017.mp3.

      Commissioner Nelson moved to deny Consolidated Edison Development's Motion as to paragraphs one through four of the response and grant as to the remaining paragraphs of the response. Motion carried 3-0.

Items for Commission Discussion

A lengthy discussion took place regarding Stray Voltage Test Forms. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2017, May 23, 2017, recording located at: http://puc.sd.gov/commission/media/2017/puc05232017.mp3. The Commission decided the stray voltage test forms will be placed on the PUC website without Commission action.

There being no further business, at the hour of 11:47 a.m., the South Dakota Public Utilities Commission meeting adjourned.

 

/s/Joy Lashley     .
Joy Lashley
Administrative Assistant
PUC Email
May 23, 2017