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South Dakota Public Utilities Commission Meeting
July 21, 2017, at 9:30 A.M. CDT
Room 414, Capitol Building

Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Commissioner Chris Nelson called the meeting to order. Present were: 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, Lorena Reichert; Consumer Affairs Supervisor: Deb Gregg; and Staff: Katlyn Gustafson.

Present were:
Rich Coit, South Dakota Telecommunications Association; Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Valley Telecommunications Cooperative Association; Kathy Zander, South Dakota Grain & Feed Association; William W. Bryant, self; Dorothy Bryant; self; William D. Bryant, self; Jenny Peterson, self; Jerry Peterson, self; Bob Peterson, self.

Joining the meeting by telephone were:
Kristie Fiegen, Chairperson, Gary Hanson, Commissioner; Justin Blais, South Dakota Public Utilities Commission; Ted Smith, Sioux Valley Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy; Eric Erickson and Ryan Taylor, Cutler Law Firm LLP, representing Interstate Telecommunications Cooperative, Inc.; Andrew Isar, Miller Isar, Inc., representing dishNET Wireline L.L.C.; Wayne Johnson, Qwest Corporation dba CenturyLink QC; Terry Whiteside, Lattice Incorporated; Sharon Warren, Technologies Management Inc; Tracy Bandemer, Interstate Telecommunications Cooperative, Inc.; Pat Mastel, Midcontinent Communications; Todd Wilkinson, Wilkinson & Wilkinson Law Firm, representing the Producers; and Eric Pauli, Northern States Power Company dba Xcel Energy.

Administration

1.     Approval of the minutes of the Commission meeting held on July 5, 2017. (Staff: Joy Lashley)

     Commissioner Fiegen moved to approve the minutes of the Commission meeting held on July 5, 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 July 5, 2017, Commission meeting.

Fifteen contacts involved telecommunication services, 21 contacts involved electrical services, three contacts were related to natural gas services, eight contacts were related to wireless service, eight contacts were related to the Do Not Call Registry, one contact was related to Wind Energy, two contacts were related to One Call 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: 954 of the 974 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)

Mr. Eric Pauli, Northern States Power Company dba Xcel Energy (Xcel Energy), asked that the Commission approve the service territory exchange agreement between Xcel Energy and Sioux Valley Energy and the requested service rights exception. Mr. Pauli also asked that the Commission approve the Amendment to the Agreement from EL15-004. Mr. Ted Smith, Sioux Valley Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy (Sioux Valley), stated Sioux Valley had no objections. Ms. Lorena Reichert, staff analyst, recommended that the Commission approve Xcel Energy and Sioux Valley Energy’s requests.

     Commissioner Fiegen moved to approve the service territory exchange agreement between Xcel Energy and Sioux Valley Energy, and approve the requested service rights exception, and approve the Amendment to the Agreement from EL15-004. Motion carried 3-0.

Grain Warehouse

1.     GW17-001     In the Matter of the Grain Buyer License of H & I Grain of Hetland, Inc. (Staff Analyst: James Mehlhaff; Staff Attorneys: Kristen Edwards, Amanda Reiss)

A lengthy discussion took place regarding docket GW17-001. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2017, July 21, 2017, recording located at: http://puc.sd.gov/commission/media/2017/puc7212017.mp3.

     Commissioner Fiegen moved to revoke the grain buyer’s license of H & I Grain. Motion carried 3-0.

     Commissioner Nelson moved to direct Staff to open a docket to address disbursement of the bond proceeds. Motion carried 3-0.

     Commissioner Nelson moved that the Commission not seek receivership at this time pursuant to SDCL 49-45-16.1.Motion carried 3-0.

Telecommunications

1.     TC09-089     In the Matter of the Application of Lattice Incorporated for a Certificate of Authority to Provide Interexchange Telecommunication Services in South Dakota. (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

     Mr. Terry Whiteside, Lattice Incorporated (Lattice), asked that the Commission approve the release of Lattice’s $25,000 Irrevocable Letter of Credit. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve Lattice’s request.

     Commissioner Nelson moved to approve the release of Lattice Incorporated’s $25,000 Irrevocable Letter of Credit. Motion carried 3-0.

2.     TC17-005     In the Matter of the Application of Midcontinent Communications for an Amended Certificate of Authority and for a Waiver of ARSD 20:10:32:15 (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

A lengthy discussion took place regarding docket TC17-005. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2017, July 21, 2017, recording located at: http://puc.sd.gov/commission/media/2017/puc7212017.mp3.

     Commissioner Nelson moved to approve the Settlement Stipulation and grant Midcontinent’s Application for an Amended Certificate of Authority and grant the Waiver of ARSD 20:10:32:15 per all of the requirements of the Settlement Stipulation including the filing and approval of an Interconnection Agreement.  Motion carried 3-0.

3     TC17-021     In the Matter of the Filing by Airus, Inc. for Approval of Revisions to its Access Tariff No. 1 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

Mr. Eric Paulson, staff analyst, recommended that the Commission approve the revisions to Airus, Inc.’s Access Services Tariff No. 1, effective July 29, 2017.

     Commissioner Fiegen moved to approve the revisions to Airus, Inc.’s Access Services Tariff No. 1, effective July 29, 2017. Motion carried 3-0.

4.     TC17-022     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: Patrick Steffensen; Staff Attorney: Amanda Reiss)

Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve dishNET’s tariff revisions effective July 1, 2017.

     Commissioner Nelson moved to approve dishNET’s revisions to its Access Services Tariff No. 2, effective July 1, 2017.Motion carried 3-0.  

5.     TC17-023     In the Matter of the Application of Interstate Telecommunications Cooperative, Inc. for an Amended Certificate of Authority to Revise its Authorized Local Exchange Service Territory (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

Mr. Eric Erickson, Interstate Telecommunications Cooperative, Inc. (ITC), asked that the Commission approve the request for waiver and the request for an Amended Certificate of Authority. Mr. Wayne Johnson, Qwest Corporation dba CenturyLink QC, stated CenturyLink had no objections. Mr. Patrick Steffensen, staff analyst, recommended approval of the request for waiver and the Amended Certificate of Authority.

     Commissioner Fiegen moved to approve the request for waiver, and the request for an Amended Certificate of Authority. Motion carried 3-0.

6.     In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC17-024 and TC17-025.

     TC17-024     In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., Study Area: SSTELECOM, Inc., Study Area: 399013 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

Mr. Ryan Taylor, Cutler Law Firm LLP, representing Interstate Telecommunications Cooperative, Inc. asked that the Commission provide  certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support. Mr. Patrick Steffensen, staff analyst, recommended the Commission grant approval of certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support.

     TC17-025     In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., Study Area Codes: Interstate Telecommunications Cooperative–391654 and Stockholm Standburg–391679 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

Mr. Ryan Taylor, Cutler Law Firm LLP, representing Interstate Telecommunications Cooperative, Inc. asked that the Commission provide certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support. Mr. Patrick Steffensen, staff analyst, recommended the Commission grant6 approval of certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support. 

     In dockets TC17-024 and TC17-025, 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 in each of the above dockets. Motion carried 3-0.     

7.     TC17-045     In the Matter of the Approval of a Reciprocal Compensation Bill and Keep Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Airus, Inc. (Staff Analyst: Lorena Reichert; Staff Attorney; Amanda Reiss)

Mr. Wayne Johnson, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the amendment to the Interconnection Agreement. Ms. Amanda Reiss, staff attorney, recommended approval of the amendment to the Interconnection Agreement.

     Commissioner Fiegen moved to approve the amendment to the Interconnection Agreement. Motion carried 3-0.

There being no further business, at the hour of 11:20 a.m., the South Dakota Public Utilities Commission meeting adjourned.

/s/Joy Lashley     .
Joy Lashley
Administrative Assistant
PUC Email
July 21, 2017