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South Dakota Public Utilities Commission Meeting
November 24, 2015, at 9:30 A.M. CST
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. CST on Monday, November 23, 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
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
On October 1, 2015, Trinity Point, LLC filed a request for a variance of the individual metering requirement contained in ARSD 20:10:26. Trinity Point plans to build a 48-unit multi-family housing structure designed to provide affordable housing to the community of Sioux Falls. Under the lease structure on this project, the landlord is going to pay all utilities. Therefore, Trinity Point is requesting to master meter the building for electrical and gas services. The Commission deferred action on this docket at its November 12, 2015, meeting.
TODAY, shall the Commission grant the Master Metering Variance request to Trinity Point, LLC?
On October 1, 2015, Aberdeen Housing Authority filed a request for a variance of the individual metering requirement contained in ARSD 20:10:26. Aberdeen Housing Authority plans to build a 40-unit multi-family housing structure designed to provide affordable senior housing to the community of Aberdeen. Under the lease structure on this project, the landlord is going to pay all utilities. Therefore, Aberdeen Housing Authority is requesting to master meter the building for electrical and gas services. The Commission deferred action on this docket at its November 12, 2015, meeting.
TODAY, shall the Commission grant the Master Metering Variance request to Aberdeen Housing Authority?
On October 1, 2015, SF Housing Ministry, LLC filed a request for a variance of the individual metering requirement contained in ARSD 20:10:26. SF Housing Ministry plans to build a 39-unit multi-family housing structure designed to provide affordable housing to the community of Sioux Falls. Under the lease structure on this project, the landlord is going to pay all utilities. Therefore, SF Housing Ministry is requesting to master meter the building for electrical and gas services. The Commission deferred action on this docket at its November 12, 2015, meeting.
TODAY, shall the Commission grant the Master Metering Variance request to SF Housing Ministry, LLC?
On October 15, 2015, the Commission received a filing from Northern States Power Company dba Xcel Energy (Xcel) for approval of its petition of changes to the street lighting energy service tariff to provide a customer-owned Light Emitting Diode (LED) Street Lighting Rate. This petition establishes a new rate for non-metered, customer-owned LED street lighting.
TODAY, shall the commission approve Xcel's revised tariff sheet?
Rule Making
On September 25, 2013, Commission Staff requested that the Commission open a rulemaking docket for the purpose of considering, on a statewide basis, the proper standards that should govern avoided cost determinations. Commission Staff requested that comments be filed by December 3, 2013. On October 16, 2013, the Commission issued an Order to Proceed and Request for Comments from Interested Persons. On October 22, 2013, the Commission issued an Order Establishing Comment Schedule requiring initial comments to be filed by December 3, 2013, and responsive comments to be filed by January 10, 2014. Forty-seven sets of comments were received by the Commission. On January 29, 2014, the Commission issued an Order to Proceed Regarding LEO Creation Rules and Establishing Comment Deadline requesting comments by March 1, 2014, and directing Staff to recommend a set of rules. On November 5, 2015, Staff filed a set of rules for consideration by interested parties and the Commission, recommending the Commission set a schedule to take comments and make a final decision.
TODAY, how shall the Commission proceed?
Telecommunications
1. In the Matter of the Failure of Certain Telecommunications Companies to Timely Pay their Gross Receipts Tax (Finance Manager: Cindy Kemnitz)
The following companies have failed to timely pay their gross receipts tax as required by SDCL 49-1A:
Local Exchange Provider:
Citizens Telecommunications Company of Minnesota, Inc.
Long Distance Provider:
AccessLine Communications Corporation
Wireless Providers:
Lycamobile USA, Inc.
T-Mobile Central LLC
TODAY, shall the Commission issue an Order to Show Case as to why the Commission should not fine, and/or suspend or revoke the Certificates of Authority of each of these companies for failure to pay the requisite gross receipts tax?
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 18, 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 (CenturyLink) filed a Petition to Intervene. On August 27, 2015, NAT filed revisions to its tariff in response to CenturyLink's concerns. On September 1, 2015, CenturyLink withdrew its Petition to Intervene. On August 12, 2015, NAT responded to staff's first data request by submitting a redlined version of the tariff revisions. On September 30, 2015, NAT responded to staff's second data request and filed revised tariff pages. On November 9, 2015, NAT responded to staff's third data request and filed revised tariff pages. On November 10, 2015, NAT submitted a document containing the original proposed tariff pages along with any revised tariff pages from the data requests. On November 12, 2015, the Commission deferred the docket, requesting clarification to questions raised by Commission Counsel. On November 16, 2015, NAT responded to Commission Counsel's questions and filed revised tariff pages.
TODAY, shall the Commission approve Native American Telecom, LLC's Revisions to its Access Service Tariff No. 2?
Items for Commission Discussion
Announcements
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The PUC offices will be closed Thursday, November 26 and Friday, November 27, 2015, in observance of the Thanksgiving holiday.
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An ad hoc commission meeting is scheduled for Monday, November 30, 2015, at 1:30 p.m. CST in Room 413 at the State Capitol Building, Pierre, S.D.
- Commissioners and staff will meet with representatives of NorthWestern Energy on Wednesday, December 2, 2015, at 1:30 p.m. CST in Room 413 at the State Capitol, Pierre, S.D. The agenda is to discuss an update of NorthWestern Energy's operations, finance and customer service activities.
- Commissioners and staff will meet with representatives of the South Dakota Electric Utility Companies on Thursday, December 3, 2015, at noon CST at the Associated General Contractors conference room, 300 E. Capitol Ave., Pierre, S.D. The agenda is to discuss company updates.
- The next regularly scheduled commission meeting will be Tuesday, December 8, 2015, at 9:30 a.m. CST in Room 414 at the State Capitol Building, Pierre, S.D.
- ommission meetings are scheduled for December 22, 2015, and January 5, 2016.
/s/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
PUC Email
November 17, 2015
