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South Dakota Public Utilities Commission Meeting
June 6, 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 Consumer Affairs Supervisor: Deb Gregg; Staff: Katlyn Gustafson.

Present were:
Rich Coit, South Dakota Telecommunications Association, Darla Rogers, Riter, Rogers, Wattier & Northrup, LLP, representing South Dakota Network; and Kara Semmler, May, Adam, Gerdes & Thompson, representing Blue Jay Wireless, LLC.

Joining the meeting by telephone were:
Ted Smith, Sioux Valley-Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy; Harvey Oliver, representing Northern Electric Cooperative, Inc; Carey Roesel, Technologies Management, Inc., representing Wide Voice, LLC; Eric Pauli, Northern States Power Company dba Xcel Energy; Ben Clark and Craig VanMeeteren, MidAmerican Energy Company; Inna Vinogradov, iCommLaw, representing ExteNet Systems, Inc.; and Anita Taff-Rice, ExteNet Systems, Inc.

Administration

1.     Approval of the minutes of the Commission meeting held on May 23, 2017. (Staff: Joy Lashley)

     Commissioner Nelson moved to approve the minutes of the Commission meeting held on May 23, 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 23, 2017, Commission meeting.

Seven contacts involved telecommunication services, 17 contacts involved electrical services, five contacts were related to natural gas services, 24 contacts were related to wireless service, nine contacts were related to the Do Not Call Registry, one contact was related to the Grain Warehouse Division, two contacts were related to the Dakota Access Pipeline and 17 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: 743 of the 768 have been resolved.

Electric

1.     EL17-020     In the Matter of the Joint Request for an Electric Service Territory Boundary Change between Northern States Power Company dba Xcel Energy and Sioux Valley-Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

     Chairperson Fiegen deferred docket EL17-020 until the next Commission meeting.

2.     EL17-023     In the Matter of the Joint Request for Service Rights Exception between Dakota Energy Cooperative, Inc. and Northern Electric Cooperative, Inc. (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

Mr. Harvey Oliver, Richards Tonner Oliver Fischbach & Dell LLP, representing Northern Electric Cooperative, Inc., asked that the Commission approve the requested service rights exception between Dakota Energy Cooperative, Inc. and Northern Electric Cooperative, Inc. Ms. Lorena Reichert, staff analyst, recommended that the Commission approve the service rights exception.

     Commissioner Hanson moved to approve the requested service rights exception between Dakota Energy Cooperative, Inc. and Northern Electric Cooperative, Inc.Motion carried 3-0.

Natural Gas

1.     NG17-007      In the Matter of the Filing by MidAmerican Energy Company for Approval of Its 2016 Economic Development Activities and 2017 Proposed Budget (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

Mr. Ben Clark, MidAmerican Energy Company (MidAmerican), asked that the Commission approve MidAmerican’s 2016 Economic Development Activities and Proposed 2017 Budget. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve MidAmerican’s request.

     Commissioner Nelson moved to approve MidAmerican’s 2016 Economic Development Activities and Proposed 2017 Budget.Motion carried 3-0.

Telecommunications

1.     TC14-019     In the Matter of the Petition of Blue Jay Wireless, LLC, for Designation as an Eligible Telecommunications Carrier (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

Ms. Kara Semmler, May, Adam, Gerdes & Thompson, representing Blue Jay Wireless, LLC (Blue Jay), asked that the Commission grant the motion to withdraw. Ms. Kristen Edwards, staff attorney, recommended that the Commission approve Blue Jay’s request.

     Commissioner Nelson moved to grant the motion to withdraw.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 the next Commission meeting. Ms. Kristen Edwards, staff attorney, did not object to Wide Voice’s request.

     Chairperson Fiegen deferred docket TC17-001 until a later Commission meeting.

3.     TC17-009     In the Matter of the Application of ExteNet Systems, Inc. for a Certificate of Authority to Provide Local Exchange Services in South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

Ms. Inna Vinogradov, iCommLaw, representing ExteNet Systems, Inc. (ExteNet), asked that the Commission approve ExteNet’s request for a Certificate of Authority (COA) to provide telecommunications services in South Dakota and requested waivers Mr. Rich Coit, South Dakota Telecommunications Association (SDTA), recommended the COA be approved with the inclusion of the Joint Stipulation’s terms and conditions. Mr. Eric Paulson, staff analyst, recommended that the Commission approve ExteNet’s request for a certificate of authority for local exchange service for the purposes of providing non-switched dedicated Point-To-Point Private Virtual Circuit Transport only with the restrictions that ExteNet not offer any prepaid services, including prepaid calling cards, and does not accept or require any deposits or advance payments, for retail purposes, without prior approval of the Commission and that ExteNet be subject to rural safeguards. Mr. Paulson also recommended that the Commission grant the waivers of ARSD 20:10:32:10 and 20:10:32:15. Mr. Paulson further recommended that the Commission grant SDTA and ExteNet's request to include the terms and conditions as set forth in the Joint Stipulation filed on May 22, 2017. .

     Commissioner Hanson moved to grant ExteNet’s request for a Certificate of Authority to provide telecommunications services in South Dakota with the restrictions recommended by staff and requested waivers and grant SDTA and ExteNet’s request to include the terms and conditions as set forth in the Joint Stipulation. Motion carried 3-0.

There being no further business, at the hour of 9:55 a.m., the South Dakota Public Utilities Commission meeting adjourned.

 

/s/Joy Lashley     .
Joy Lashley
Administrative Assistant
PUC Email
June 6, 2017