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South Dakota Public Utilities Commission Meeting
September 1, 2015, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, 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 31, 2015. 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 20, 2015 (Staff: Joy Lashley)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
On August 23, 2013, Montana-Dakota Utilities Co., a division of MDU Resources, and Otter Tail Power Company filed an application for a permit to construct a 345 kV transmission line of approximately 150 to 160 miles in Brown, Day, and Grant counties to the Big Stone South Substation in Grant County, South Dakota, near Big Stone City. On October 18, 2013, an Application for Party Status was filed by Gerald Pesall. On November 6, 2013, the Commission issued an Order Granting Intervention and Party Status to Gerald Pesall. On January 27, 2014, Applicants filed a First Amendment to Application (Amendment). Due to Applicants having made some route changes in certain areas of the Project which resulted in some additional landowners coming within the half-mile Project corridor, Applicants served notice on such landowners and the Commission held an additional public input hearing on May 20, 2014, at Aberdeen, S.D. An intervention deadline of April 16, 2014, was set. On April 14, 2014, Applications for Party Status were filed by James R. McKane III, Clark T. Olson, Schuring Farms, Inc., Bradley R. Morehouse, and Kevin Andersen. On May 1, 2014, the Commission issued an Order Granting Intervention and Party Status to James R. McKane III, Clark T. Olson, Schuring Farms, Inc., Bradley R. Morehouse, and Kevin Andersen. On June 9, 2014, a Joint Motion for Approval of Settlement Stipulation and Settlement Stipulation was filed by Applicants and staff. On June 10 and June 11, 2014, the evidentiary hearing was held as scheduled. On June 20, 2014, an Amended Settlement Stipulation between Applicants and staff was filed, and Schuring Farms filed certain documents pertaining to its crop insurance policy. On June 26, 2014, Schuring Farms filed additional crop insurance policy provisions. On June 27, 2014, Gerald Pesall filed his crop insurance policy provisions. On July 11, 2014, Schuring Farms filed its RCIS-MPCI Policy Review/Change Form and Common Crop Insurance Policy. On July 18, 2014, Gerald Pesall filed his Post-Hearing Initial Brief, and Applicants filed their Proposed Findings of Fact, and Conclusions of Law, Proposed Order Granting Permit to Construct Facilities, Motion for Leave to Submit Documentary Evidence, and Post-Hearing Brief. On August 6, 2014, the Commission deferred taking action to a later date. On August 13, 2014, the Commission voted to grant the Joint Motion for Approval of Settlement Stipulation with provisions in addition to what is set forth in Condition 17 of the Amended Settlement Stipulation. On September 17, 2014, Gerald Pesall filled a Notice of Appeal. On July 2, 2015, Applicant filed a Compliance with Condition 17: SCN Sampling and Mitigation Plan. On July 29, 2015, Applicants filed a Revised Exhibit 2 to the Mitigation and Sampling Plan. On July 31, 2015, Gerald Pesall filed Gerald Pesall's Objections to Applicants' Filing of Compliance with Condition 17: SCN Sampling and Mitigation Plan. On August 25, 2015, Gerald Pesall filed an Affidavit of Gerald Pesall Regarding Mitigation Activities and Gerald Pesall's Amended Objections to Applicants' Filing of Compliance with Condition 17: SCN Sampling and Mitigation Plan.
TODAY, shall the Commission accept the Applicants' Filing of Compliance with Condition 17: SCN Sampling and Mitigation Plan as acceptable in form and content with the Commission's Final Decision and Order dated August 22, 2014?
On July 14, 2015, MidAmerican Energy Company (MidAmerican) filed revisions to its Section 3 – Electric Rate Schedules tariff pages. This filing proposes to update Rate QF – Qualifying Cogeneration and Small Power Production Purchases tariff for its current avoided costs for a 12-month period. MidAmerican seeks an effective date of September 15, 2015. MidAmerican responded to staff's data request on July 29, 2015.
TODAY, shall the Commission approve MidAmerican's tariff revisions?
Telecommunications
On July 28, 2015, Clarity Telecom, LLC (Clarity) filed a request for approval of revisions to its Access Service Tariff No. 2. Clarity is submitting this filing to be in compliance with the Federal Communications Commission's November 11, 2011, Intercarrier Compensation Reform Order (FCC 11-161). Clarity requests that the tariff revisions become effective on July 1, 2015. On August 10 and August 13, 2015, Clarity responded to staff's data requests. On August 24, 2015, Clarity filed its most recent tariff revisions.
TODAY, shall the Commission approve Clarity Telecom, LLC's Revisions to its Access Service Tariff No. 2?
On July 28, 2015, Clarity Telecom, LLC (Clarity) filed a request for approval of revisions to its Access Service Tariff No. 3. Clarity is submitting this filing to be in compliance with the Federal Communications Commission's November 11, 2011, Intercarrier Compensation Reform Order (FCC 11-161). Clarity requests that the tariff revisions become effective on July 1, 2015. On August 5 and August 13, 2015, Clarity responded to staff's data requests. On August 24, 2015, Clarity filed its most recent tariff revisions.
TODAY, shall the Commission approve Clarity Telecom, LLC's Revisions to its Access Service Tariff No. 3?
On July 30, 2015, Native American Telecom, LLC (NAT) filed a request for approval of revisions to its Access Services Tariff No. 2. NAT is submitting this filing to be in compliance with the Federal Communications Commission's November 11, 2011, Intercarrier Compensation Reform Order (FCC 11-161) and to make other changes to the tariff. NAT requests that the tariff revisions become effective on July 31, 2015. On August 20, 2015, CenturyLink Communications, LLC filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to any parties that may have filed?
4. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC15-036, TC15-038, TC15-039, TC15-041, TC15-044, TC15-045, TC15-047, TC15-049, TC15-053 and TC15-055.
On June 29, 2015, the Commission received an application from RT 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 and August 12, 2015, the Company responded to Staff's data request.
On June 29, 2015, 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 23, 2015, the Company responded to Staff's data request.
On June 29, 2015, 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 24, 2015, the Company responded to Staff's data request.
On June 29, 2015, the Commission received an application from Golden West 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 30, 2015, the Company responded to Staff's data request.
On June 30, 2015, the Commission received an application from Farmers Mutual 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 August 6, 2015, the Company responded to Staff's data request.
On June 30, 2015, the Commission received an application from Red River Rural Telephone Association dba Red River 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 August 8, 2015, the Company responded to Staff's data request.
On June 30, 2015, the Commission received an application from Fort Randall 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 August 6, 2015, the Company responded to Staff's data request.
On June 30, 2015, the Commission received an application from Qwest Corporation dba CenturyLink QC 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, 2015, the Company responded to Staff's data requests.
On July 7, 2015, the Commission received an application from Long Lines Wireless, 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 August 17, 2015, the Company responded to Staff's data request.
On July 16, 2015, the Commission received an application from Santel Communications 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 29, 2015, 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?
Items for Commission Discussion
Announcements
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Commissioners and staff will meet with consumers at the South Dakota State Fair, September 3-7, 2015, in Huron, S.D.
- The PUC offices will be closed Monday, September 7, 2015, in observance of Labor Day.
- Commissioners will attend the East River Electric Power Cooperative annual meeting, Wednesday, September 9, 2015, at the Ramkota Conference Center, Sioux Falls, S.D.
- Commissioners and staff will meet with representatives of the Midcontinent Independent System Operator (MISO) and the Organization of MISO States on Monday, September 14, 2015, at 3:00 p.m. in Room 413 of the State Capitol Building, Pierre, S.D. The agenda is to discuss an update from both organizations.
- The next regularly scheduled commission meeting will be Tuesday, September 15, 2015, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.
- Commission meetings are scheduled for September 29 and October 13, 2015.
/s/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
PUC Email
August 25, 2015
