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South Dakota Public Utilities Commission Meeting
August 19, 2014, at 3:00 P.M. CDT
Room 414, Capitol Building, Pierre, South Dakota Room FADM 145, University Center, 4801 N. Career Ave., Sioux Falls, South Dakota

NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 by 5:00 p.m. CDT on Monday, August 18, 2014. Lines are limited and are given out on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. Ultimately, if you wish to participate in the Commission Meeting and a line is not available, you may have to appear in person. 

NOTE: To listen to the Commission Meeting live please go to the PUC's website www.puc.sd.gov and click on the LIVE link on the home page. The Commission requests persons who will only be listening to proceedings and not actively appearing in a case listen via the web cast to free phone lines for those who have to appear.  The Commission meetings are archived on the PUC's website under the Commission Actions tab, Click on “Commission Meeting Archives,” to access the recordings.

NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.

AGENDA OF COMMISSION MEETING

Administration

1.     Approval of the Minutes of the Commission Meeting Held on August 6, 2014 (Staff: Joy Lashley)

Consumer Reports

1.     Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)

Electric

1.     EL12-063     In the Matter of the Petition of Otter Tail Power Company for Order Accepting Certification of Permit Issued in Docket EL06-002 to Construct Big Stone Transmission Line and Substations in Grant and Deuel Counties (Staff Analyst: Brian Rounds; Staff Attorneys: Karen Cremer, Kristen Edwards)

On December 19, 2012, the Commission received a petition from Otter Tail Power Company (Otter Tail) requesting the Commission to accept certification that the conditions leading to the issuance of the January 16, 2007, Decision and Order Approving Stipulation and Granting Permit to Construct Transmission Facilities in Docket EL06-002 will continue to be met. On March 19, 2013, Otter Tail filed a Certification that the conditions upon which the Commission granted the facility permit will continue to be met along the route as described in its Petition. On March 28, 2013, the Commission received, from the City of Gary, an Order withdrawing from the proceedings. On April 2, 2013, a Joint Motion for Approval of Stipulation and a Stipulation were filed with the Commission. On May 10, 2013, the Commission issued an Order Granting Withdrawal; Order Approving the Joint Motion for Approval of Stipulation; Order Granting Certification. On July 29, 2014, Otter Tail filed a Motion to Approve Final Alignment. On July 29, 2014, Brookings County filed an email stating it had no objection to the motion.

      TODAY, shall the Commission grant the Motion to Approve Final Alignment?

2.     EL14-038     In the Matter of the Application of Black Hills Power, Inc. for Approval to Extend Its Energy Efficiency Solutions Plan (Staff Analysts: Darren Kearney, Brian Rounds; Staff Attorney: Kristen Edwards)

On April 30, 2014, the Commission received an Application of Black Hills Power, Inc. (BHP) for Approval to Extend its Energy Efficiency Solutions Plan. In the filing, BHP requested that the Commission approve a three month extension of its Energy Efficiency Solutions Plan (EESP) and Energy Efficiency Solutions Adjustment (EESA) rate. The Commission previously approved the EESP and EESA to be effective through May 31, 2014, in docket EL11-002. BHP requested an extension of the EESP and EESA in order to provide the company with adequate time to fully evaluate the existing programs and prepare a complete application for a new 2014-2016 EESP. On May 13, 2014, the Commission voted to approve the extension through August 31, 2014. On June 30, 2014, BHP filed a new request to modify and extend the EESP from September 1, 2014, to November 30, 2017. Additionally, BHP requested approval of costs and financial incentives from September 2011 through April 2014.

     TODAY, shall the Commission approve the EESP costs and financial incentives from September 2011 through April 2014? AND, shall the Commission approve the proposed 2014-2016 EESP? AND, shall the Commission approve the associated tariff changes?

3.     EL14-039     In the Matter of the Filing by Otter Tail Power Company Regarding Its 2013 Report and 2014 Energy Efficiency Plan Update (Staff Analysts: Darren Kearney, Brian Rounds; Staff Attorney: Kristen Edwards)

On May 1, 2014, Otter Tail Power Company (Otter Tail) filed its 2013 Energy Efficiency Plan (EEP) results. With the report, Otter Tail requested approval of the 2013 financial incentive allowance of $84,000 and also proposed to leave the Energy Efficiency Adjustment Rider of $0.00103/kWh unchanged. On June 26, 2014, Otter Tail filed its responses to staff data requests. The next status report will be filed by Otter Tail on May 1, 2015. 

      TODAY, shall the Commission approve Otter Tail's 2013 Energy Efficiency Plan Status Report? AND, shall the Commission approve Otter Tail's requested financial incentive allowance of $84,000? AND, shall the Commission approve Otter Tail's proposal to leave the Energy Efficiency Adjustment Rider unchanged at $0.00103/kWh?

4.     EL14-062     In the Matter of the Filing by MidAmerican Energy Company for Approval of Revisions to its Tariff Section No. 3 (Staff Analyst: Eric Paulson; Staff Attorney: Karen Cremer)

On July 2, 2014, MidAmerican Energy Company (MidAmerican) filed revised tariff pages. This filing proposes to update Rider No. 54 – Qualifying Cogeneration and Small Power Production Purchases tariff for its current avoided costs for a 12-month period. MidAmerican seeks an effective date of August 15, 2014. MidAmerican responded to staff's data request on August 7, 2014.
     
     TODAY, shall the Commission approve MidAmerican's tariff revisions?

5.     EL14-072     In the Matter of the Application of MidAmerican Energy Company for Authority to Increase its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Kristen Edwards)

On August 4, 2014, the Commission received an application by MidAmerican Energy Company (MidAmerican) for approval to increase rates for electric service to customers in its South Dakota service territory by approximately $1.6 million annually or approximately 13.8% based on MidAmerican's test year ending December 31, 2013. The Company states a typical residential electric customer using 852 kWh per month would see an increase of $9.65 per month. The proposed changes may potentially affect approximately 4,500 customers in MidAmerican's South Dakota service territory.

     TODAY, shall the Commission suspend the imposition of the tariff for 180 days beyond August 4, 2014? AND, shall the Commission assess a filing fee for actual expenses related to the general rate case not to exceed $250,000? AND, shall the Commission assess a filing fee for actual expenses related to the Transmission Cost Recovery clause not to exceed $50,000? AND shall the Commission give the Executive Director authority to enter into necessary consulting contracts?

Natural Gas

1.     NG14-005      In the Matter of the Application of MidAmerican Energy Company for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Kristen Edwards)

On August 4, 2014, the Commission received an application by MidAmerican Energy Company (MidAmerican) for approval to increase rates for natural gas service to customers in its South Dakota service territory by approximately $2.9 million based on MidAmerican's test year ending December 31, 2013. The Company states a typical residential natural gas customer using 61 therms per month would see an increase of $1.00 per month. The proposed changes may potentially affect approximately 88,000 customers.

     TODAY, shall the Commission suspend the imposition of the tariff for 180 days beyond August 4, 2014? AND, shall the Commission assess a filing fee for actual expenses not to exceed $250,000? AND shall the Commission give the Executive Director authority to enter into necessary consulting contracts?

Telecommunications

1.     TC14-017     In the Matter of the Filing by Knology of the Plains, Inc. for Approval of Revisions to its Access Services Tariff No. 1 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

On May 23, 2014, the Commission received a filing from Knology of the Plains, Inc. (Knology) requesting approval of revisions to its Access Tariff No. 1, Check Sheet Page 1 and Section 4 Page 1. The purpose of this filing is to revise the terminating rates to maintain compliance with the FCC's order in FCC 11-161. Knology requests an effective date of July 1, 2014. On June 13 and July 15, 2014, Knology responded to Staff's data requests. On July 29, 2014, Knology filed revised tariff pages.

     TODAY, shall the Commission approve Knology of the Plains, Inc.'s Revisions to its Access Services Tariff No. 1?

2.     TC14-021     In the Matter of the Filing by Knology of the Black Hills, LLC for Approval of Revisions to its Access Services Tariff No. 1 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

On May 23, 2014, the Commission received a filing from Knology of the Black Hills, LLC (Knology) requesting approval of revisions to its Access Tariff No. 1, Page 17-4. The purpose of this filing is to revise the terminating rates to maintain compliance with the FCC's order in FCC 11-161. Knology requests an effective date of July 1, 2014. On June 13 and July 15, 2014, Knology responded to Staff's data requests. On July 29, 2014, Knology filed revised tariff pages.

     TODAY, shall the Commission approve Knology of the Black Hills, LLC's Revisions to its Access Services Tariff No. 1?

3.     TC14-025     In the Matter of the Application of Correct Solutions, LLC for a Certificate of Authority to Provide Interexchange Long Distance Services as an Alternative Operator Service (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

On June 12, 2014, the Commission received a filing from Correct Solutions, LLC (Correct Solutions) requesting a Certificate of Authority to Provide Interexchange Long Distance Services as an Alternative Operator Service. Correct Solutions requests a waiver of ARSD 20:10:24:02(9), 20:10:24:05(3), 20:10:24:05(5), 20:10:24:05(6), and, if a waiver of ARSD 20:10:24:05(3) is granted, the company requests a waiver of the first sentence, of the last paragraph in ARSD 20:10:24:05.

     TODAY, shall the Commission grant Correct Solutions, LLC a Certificate of Authority to Provide Interexchange Long Distance Services as an Alternative Operator Service? AND shall the Commission grant the requested waivers?

4.     In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC14-031, TC14-034, TC14-036, TC14-038, TC14-045, TC14-046, TC14-049, TC14-058 and TC14-061

      TC14-031     In the Matter of the Request of Knology of the Black Hills, LLC for Certification Regarding Its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

On June 23, 2014, the Commission received an application from Knology of the Black Hills, LLC requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 15 and July 24, 2014, the Company responded to Staff's data requests.

      TC14-034     In the Matter of the Request of City of Faith Municipal Telephone Company for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

On June 26, 2014, the Commission received an application from City of Faith Municipal Telephone requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 15, 2014, the Company responded to Staff's data requests.

      TC14-036     In the Matter of the Request of Beresford Municipal Telephone Company for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Karen Cremer)

On June 26, 2014, the Commission received an application from Beresford Municipal Telephone Company requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 11, 2014, the Company responded to Staff's data requests.

      TC14-038     In the Matter of the Request of TrioTel Communications Inc. for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

On June 26, 2014, the Commission received an application from TrioTel Communications Inc. requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 15, 2014, the Company responded to Staff's data requests.

      TC14-045     In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

On June 27, 2014, the Commission received an application from Interstate Telecommunications Cooperative, Inc. requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 16, 2014, the Company responded to Staff's data requests.

      TC14-046     In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. fka SSTELECOM, Inc. for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

On June 27, 2014, the Commission received an application from Interstate Telecommunications Cooperative, Inc. fka SSTELECOM, Inc. requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 28, 2014, the Company responded to Staff's data requests.

      TC14-049     In the Matter of the Request of West River Telecommunications Cooperative (Mobridge) for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

On June 27, 2014, the Commission received an application from West River Telecommunications Cooperative (Mobridge) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 16, 2014, the Company responded to Staff's data requests.

      TC14-058     In the Matter of the Request of Red River Rural Telephone Association dba Red River Communications for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Robin Meyerink; Staff Attorney: Kristen Edwards)

On June 30, 2014, the Commission received an application from Red River Rural Telephone Association requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company.

      TC14-061     In the Matter of the Request of Midcontinent Communications for Certification Regarding Its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

On June 30, 2014, the Commission received an application from Midcontinent Communications requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 29, 2014, the Company responded to Staff's data requests.
     
     TODAY, shall the Commission 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?

5.     TC14-041     In the Matter of the Filing by Sancom, Inc. dba Mitchell Telecom for Approval of Revisions to its Intrastate Switched Access Tariff No. 1 (Staff Analyst: Joseph Rezac; Staff Attorney; Kristen Edwards)

On June 27, 2014, the Commission received a filing from Sancom, Inc. dba Mitchell Telecom (Sancom) requesting approval for revisions to its Intrastate Switched Access Services Tariff No.1. This filing is in order to implement the Federal Communications Commission's, November 18, 2011, Intercarrier Compensation Reform Order (FCC 11-161). Sancom requests the proposed changes become effective July 1, 2014.

      TODAY, shall the Commission approve the requested tariff revisions?

6.     TC14-042     In the Matter of the Filing by Interstate Telecommunications Cooperative, Inc. - SSTelecom (CLEC Tariff), for Approval of Revisions to its Access Services Tariff No. 1 (Staff Analyst: Joseph Rezac; Staff Attorney; Kristen Edwards)

On June 27, 2014, the Commission received a filing from Interstate Telecommunications Cooperative, Inc, fka SSTELECOM requesting approval for revisions to its Intrastate Switched Access Services Tariff No.1. This filing is in order to implement the Federal Communications Commission's, November 18, 2011, Intercarrier Compensation Reform Order (FCC 11-161). The company requests the proposed changes become effective July 1, 2014.

     TODAY, shall the Commission approve the requested tariff revisions?

7.     TC14-067     In the Matter of the Filing by McLeodUSA Telecommunications Services, Inc. dba PAETEC Business Services for Approval of Revisions to its Access Services Tariff No. 3 (Staff Analyst: Joseph Rezac; Staff Attorney; Kristen Edwards)

On July 1, 2014, the Commission received a filing from McLeodUSA Telecommunications Services, Inc. dba PAETEC Business Services for revisions to its Access Services Tariff No. 3 pursuant to the Federal Communications Commission Report and Order in WC Docket No.s 10-90, et al., FCC Release No. 11-161. This filing revises Sheet Nos. 1 and 71 in order to mirror revisions made at the interstate level. The company requests the proposed changes become effective July 31, 2014.

     TODAY, shall the Commission approve the requested tariff revisions?

8.     TC14-060     In the Matter of the Filing by Teleport Communications America, LLC for Approval of Revisions to its Access Services Tariff (Staff Analyst: Eric Paulson; Staff Attorney: Karen Cremer)

On June 30, 2014, the Commission received a filing from Teleport Communications America, LLC (TCAL) requesting approval of revisions to its Access Tariff Pages 20, 21, 22, 23, 24, 25 and 26. The purpose of this filing is to revise the VoIP language listed in the tariff. TCAL requests an effective date of July 31, 2014.

     TODAY, shall the Commission approve Teleport Communications America, LLC's Revisions to its Access Services Tariff?

Items for Commission Discussion

Announcements

  1. Commissioners and staff will meet with consumers at the Brown County Fair, August 12-17, 2014, in Aberdeen, S.D.

  2. Commissioners and staff will attend 2014 South Dakota Telecommunications Association Annual Meeting, August 17-19, 2014, at the Ramkota Conference Center, Sioux Falls, S.D.

  3. Commissioners will participate in a panel discussion Monday, August 18, 2014, at 4:00 p.m. CDT at the 2014 South Dakota Telecommunications Association Annual Meeting at the Ramkota Conference Center, Sioux Falls, S.D.

  4. A public input hearing for Docket EL14-061 will be held Monday, August 25, 2014, beginning at 6:30 p.m. MDT in the Sylvan I Room at the Ramkota Conference Center, 2111 N. LaCrosse St., Rapid City, S.D.

  5. Commissioners and staff will meet with consumers at the South Dakota State Fair, August 28 - September 1, 2014, in Huron, S.D.

  6. The PUC offices will be closed Monday, September 1, 2014, in observance of Labor Day.

  7. The next regularly scheduled commission meeting will be Tuesday, September 2, 2014, at 1:30 p.m. CDT in Room 414 at the State Capitol Building, Pierre, S.D.

  8. Commission meetings are scheduled for September 16 and 30, 2014.

/s/Cindy Kemnitz     
Cindy Kemnitz
Finance Manager
PUC Email
August 12, 2014