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South Dakota Public Utilities Commission Meeting
August 16, 2016, at 9:30 A.M. CDT
Room 414, 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 15, 2016. 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 2, 2016 (Staff: Joy Lashley)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
On September 30, 2015, Black Hills Power, Inc. (BHP) filed an Application for Approval of Tariff Revisions (Application). BHP seeks authorization and approval of (1) revisions to its Fuel and Purchased Power Adjustment (FPPA) tariff provision for its electric utility operations to include the costs incurred by BHP under its Cost of Service Gas Agreement (COSG Agreement) between BHP and Black Hills Utility Holdings, Inc. (BHUH); (2) the COSG Agreement, as may be determined necessary by the Commission; and (3) granting waivers, conditions, approvals or other and further relief as the Commission deems necessary or appropriate. BHP proposes the tariff revision be effective upon approval by the Commission. On November 20, 2015, Constellation NewEnergy-Gas (Constellation) filed a Petition to Intervene and on December 7, 2015, Constellation withdrew its Petition to Intervene. On June 24, 2016, BHP filed supplemental testimony. Commission Staff filed testimony on July 11, 2016. On July 29, 2016, BHP filed a Motion to Withdraw the Application Without Prejudice and to Terminate the Pending Procedural Schedule.
TODAY, shall the Commission grant Black Hills Power, Inc.’s Motion to Withdraw the Application Without Prejudice and to Terminate the Pending Procedural Schedule?
On June 23, 2016, Juhl Energy, Inc. (Juhl) filed a Complaint with the Public Utilities Commission (Commission) seeking resolution of a dispute with NorthWestern Corporation dba NorthWestern Energy (NorthWestern) regarding the proper avoided cost for a long-term electric power purchase agreement. On August 4, 2016, the Parties filed a Joint Request for a Procedural Schedule.
TODAY, shall the Commission issue a procedural schedule? OR, how shall the Commission proceed?
Gas and Electric
On July 21, 2016, the Commission received a Filing from MidAmerican Energy Company (MidAmerican) for approval of its revised welcome brochure. Pursuant to ARSD 20:10:16:02, the customer information shall be submitted to the Commission for approval.
TODAY, shall the Commission approve MidAmerican’s Revised Welcome Brochure with an effective date of September 1, 2016?
Telecommunications
On November 6, 2014, Sprint Communications Company L.P. (Sprint) filed with the Commission a complaint against Native American Telecom-Pine Ridge, LLC (NAT) regarding telecommunications services. Sprint in its filed complaint argues against NAT charging Sprint for termination switched access services. Sprint seeks a determination that NAT lacks authority to bill Sprint for switched access services without a certificate of authority and valid tariff on file with the Commission. On December 8, 2014, NAT filed a motion to dismiss the complaint on grounds that the Commission lack jurisdiction over the subject matter and personal jurisdiction over NAT Pine Ridge. On July 29, 2016, Sprint filed consent to dismissal of its complaint without prejudice.
TODAY, shall the Commission dismiss the complaint without prejudice and close the docket?
2. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC16-012, TC16-013, TC16-015, TC16-024, TC16-027, TC16-028, TC16-029, TC16-034, TC16-035 and TC16-036.
On June 24, 2016, the Commission received an application from Interstate Telecommunications Cooperative, Inc. (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 25 and August 5, 2016, the Company responded to Staff’s data requests.
On June 24, 2016, the Commission received an application from Interstate Telecommunications Cooperative, Inc. fka SSTELCOM, Inc.(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 25 and August 5, 2016, the Company responded to Staff’s data requests.
On June 27, 2016, the Commission received an application from Alliance 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, 2016, the Company responded to Staff’s data request.
On June 29, 2016, the Commission received an application from Alliance 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 August 3, 2016, the Company responded to Staff’s data request.
On June 29, 2016, the Commission received an application from Alliance 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 August 5, 2016, the Company responded to Staff’s data request.
TC16-028 In the Matter of the Request of Midcontinent Communications Study Area: 399005 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On June 29, 2016, the Commission received an application from Midcontinent Communications (Midco) 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 June 30, 2016, Midco filed its Form 477 data. On July 11, 2016, Midco filed revised Form 477 data. On July 26, 2016, Midco responded to Staff’s data request.
On June 29, 2016, the Commission received an application from Alliance 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 August 3, 2016, the Company responded to Staff’s data request.
On June 30, 2016, 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 August 4, 2016, the Company responded to Staff’s data request.
TC16-035 In the Matter of the Request of City of Brookings Municipal Telephone Study Area: 391650 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On June 30, 2016, the Commission received an application from the City of Brookings 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 28, 2016, the Company responded to Staff’s data request.
TC16-036 In the Matter of the Request of Brookings Municipal Telephone dba Swiftel Communications Study Area: 399009 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On June 30, 2016, the Commission received an application from Brookings Municipal Telephone dba Swiftel 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 28, 2016, the Company responded to Staff’s data request.
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?
On July 12, 2016, the Commission received a filing from ATV Holdings, LLC dba Mitchell Telecom (ATV Holdings) requesting a Certificate of Authority to provide local exchange services in South Dakota. ATV Holdings intends to provide competitive local exchange services to subscribers within the non-rural areas of the Mitchell exchange. On July 25, 2016, ATV Holdings responded to Staff’s data request.
TODAY, shall the Commission grant ATV Holdings, LLC dba Mitchell Telecom’s request for a Certificate of Authority to Provide Local Exchange Services in South Dakota? AND shall the Commission grant a waiver of ARSD 20:10:32:03(12), should the Commission find a waiver is necessary?
On July 14, 2016, the Commission received a filing for approval of a microduct language and rate amendment to an interconnection agreement between Qwest Corporation dba CenturyLink QC and CenturyLink Communications, LLC for the State of South Dakota. Any party wishing to comment may do so by filing written comments with the Commission and the parties to the Agreement no later than August 2, 2016. The filing was made pursuant to 47 U.S.C. § 252.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
Items for Commission Discussion
Announcements
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Commissioners and Staff will meet with representatives of Black Hills Energy on Tuesday, August 16, 2016, at 1:00 p.m. CDT in Room 414 of the State Capitol Building, Pierre, S.D. The agenda is to discuss the company’s regional transmission organization analysis.
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Commissioners and Staff will attend the South Dakota Telecommunications Association’s annual meeting, August 22-23, 2016, at the Swiftel Center, Brookings, S.D.
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A public input hearing for Docket EL16-022 - In the Matter of the Application by Prevailing Winds, LLC for a Wind Energy Facility Permit for the Prevailing Winds Wind Energy Facility will be held Wednesday, August 24, 2016, at 6:30 p.m. CDT in the Avon School Gymnasium, 210 Pine Street, Avon, S.D.
- The next regularly scheduled commission meeting will be Tuesday, August 30, 2016, at 9:30 a.m. CDT in Room 413 at the State Capitol, Pierre, S.D.
- Commissioners and staff will meet with representatives of the Midcontinent Independent System Operator (MISO) on Tuesday, August 30, 2016, at 1:00 p.m. CDT in Room 413 of the State Capitol Building, Pierre, S.D. The agenda is to receive an update from the organization.
- Commissioners and staff will meet with consumers at the South Dakota State Fair, September 1-5, 2016, in Huron, S.D.
- The PUC office will be closed Monday, September 5, 2016, in observance of Labor Day.
- Commissioners will attend the East River Electric Power Cooperative annual meeting on Wednesday, September 7, 2016, at 9:00 a.m. CDT at the Best Western Ramkota Hotel, Sioux Falls, S.D.
- Commission meetings are scheduled for September 13 and 27, 2016.
/s/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
PUC Email
July 26, 2016
