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South Dakota Public Utilities Commission Meeting
July 5, 2017, at 1:30 P.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 10:00 a.m. CDT on Wednesday, July 5, 2017. 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 June 16, 2017, and the Ad Hoc Meeting Held on June 23, 2017 (Staff: Joy Lashley)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
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)
On May 1, 2017, the Commission received a joint request from Northern States Power Company dba Xcel Energy and Sioux Valley Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy seeking to modify existing service territory boundaries in Sioux Falls, South Dakota. On May 19, 2017, Ronning Enterprises, Inc. filed a Petition to Intervene. On May 31, 2017, Xcel Energy filed a letter requesting delay on action on the petition as Xcel and Sioux Valley had abandoned efforts to exchange territory where Ronning may be impacted by the Parties’ Agreement. On June 2, 2017, and June 15, 2017, Ronning Enterprises, Inc. filed a letter requesting a delay on action of the petition. At the June 6, 2017, Commission meeting, Chairperson Fiegen deferred action to the next Commission meeting. At the June 16, 2017, Commission meeting Commissioner Nelson deferred action indefinitely with the understanding that a new agreement will be filed. On June 27, 2017, Xcel Energy filed a letter regarding the rescission of the original service territory exchange agreement filed May 1, 2017. On June 27, 2017, Ronning Enterprises, Inc. filed a letter requesting to withdraw its Petition to Intervene, effective upon the Commission’s approval of the rescission.
TODAY, shall the Commission approve the rescission and approve Ronning Enterprises, Inc.’s request to withdraw its petition to intervene? OR, how shall the Commission proceed?
2. EL17-024 In the Matter of the Commission Approval of Stray Voltage Training Programs (Staff Analyst: Darren Kearney; Staff Attorney: Amanda Reiss)
On May 24, 2017, the Commission received a letter from PUC Staff requesting the Commission open a docket for the Commission to establish and approve a list of stray voltage training programs. On June 7, 2017, the Commission received a petition to intervene from South Dakota Rural Electric Association.
TODAY, shall the Commission grant intervention to the South Dakota Rural Electric Association?
3. EL17-025 In the Matter of the Joint Request for Service Rights Exception between Black Hills Electric Cooperative, Inc. and West River Electric Association, Inc. (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
On May 31, 2017, the Commission received a Joint Request for Service Rights Exception between Black Hills Electric Cooperative, Inc. (BHEC) and West River Electric Association, Inc. (WREA) to allow WREA to provide two new single phase electric services to a house and shop in BHEC territory. Under the Service Rights Exception, BHEC shall retain the right of service to any new commercial or residential facility or service that may be developed on the lot of land.
TODAY, shall the Commission approve the requested service rights exception between Black Hill Electric Cooperative, Inc. and West River Electric Association, Inc.?
Natural Gas
1. NG17-008 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions regarding Excess Flow Valves for Existing Service Lines (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On May 18, 2017, the Commission received Montana-Dakota Utilities Co.’s (MDU) filing for approval of tariff revisions to implement cost recovery for installation of an excess flow valve (EFV) on an existing gas line at the customer’s request. This EFV installation charge is proposed in order to implement new federal regulations issued by the United States Department of Transportation, Pipeline and Hazardous Materials Safety Administration (PHMSA). These new regulations mandate that natural gas utilities offer the installation of EFVs to existing residences and small commercial structures served from qualifying distribution systems. The new requirements were effective on April 14, 2017. On June 12, 2017, MDU responded to Staff’s data request.
TODAY, shall the Commission approve the proposed tariff revisions?
2. NG17-009 In the Matter of the Application of South Dakota Intrastate Pipeline Company for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On June 1, 2017, South Dakota Intrastate Pipeline Company (SDIP) filed with the Commission a Letter of Transmittal requesting authority to increase its natural gas rates. The filing did not include a proposed rate or any of the supporting documents required by statute and rule. The Letter of Transmittal indicated that the SDIP would file the applicable required documents no later than June 30, 2017. On June 5, 2017, Staff filed a letter in the docket indicating that the filing does not meet the requirements for a rate case and is therefore incomplete and subject to rejection. At an ad hoc meeting on June 8, 2017, the Commission ordered that SDIP shall file a complete rate case by June 30, 2017, to comply with the Settlement Agreement approved in NG16-006 and that the statutory period for the Commission to issue a decision in the rate case, required pursuant to SDCL 49-34A-17 will not begin until the proposed rate is filed. On June 22, 2017, Montana-Dakota Utilities Co. filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to any parties that may have filed? AND, shall the Commission assess a filing fee for actual expenses related to the general rate case, including costs incurred in NG16-006, not to exceed $250,000? OR, how shall the Commission proceed?
Telecommunications
1. 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)
On February 10, 2017, Midcontinent Communications (Midcontinent) filed an Application for an Amended Certificate of Authority. In this application, Midcontinent seeks the authority to provide local exchange services in the rural exchange area of Ipswich. On February 24, 2017, the South Dakota Telecommunications Association filed a Petition to Intervene. On February 28, 2017, Valley Telecommunications Cooperative Association filed a Petition to Intervene. On March 29, 2017, Midcontinent filed a letter clarifying its previous § 251 Interconnection request.
TODAY, shall the Commission grant Midcontinent’s Application for and Amended Certificate of Authority AND grant the Waiver of ARSD 20:10:32:15? OR, shall the Commission establish a procedural schedule? OR, how shall the Commission proceed?
2. TC17-016 In the Matter of the Filing by Qwest Corporation dba CenturyLink QC for Approval of Revisions to its Access Service Tariff (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On May 26, 2017, Qwest Corporation dba CenturyLink QC filed for approval of revisions to its Access Service Tariff. This filing is the sixth step in implementing the Transitional Intrastate Access Service reductions mandated by the Federal Communications Commission’s November 18, 2011, Report and Order and Further Notice of Proposed Rulemaking in WC Docket Nos. 10-90, etc. (FCC 11-161). A July 1, 2017, effective date is requested.
TODAY, shall the Commission approve the proposed tariff revisions?
3. TC17-017 In the Matter of the Filing by Local Exchange Carrier Association, Inc. (LECA) for Approval of Revisions to its Access Services Tariff No. 1 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On May 26, 2017, Local Exchange Carrier Association, Inc. (LECA) filed a request for approval of revisions to its Access Services Tariff No. 1. LECA is submitting this filing to be in compliance with the Federal Communications Commission’s, November 11, 2011, Intercarrier Compensation Reform Order (FCC 11-161). LECA requests that the tariff revisions become effective on July 1, 2017.
TODAY, shall the Commission approve the revisions to LECA’s Access Services Tariff No. 1?
4. TC17-019 In the Matter of the Approval of a Wireline Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Native American Telecom, LLC (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On June 9, 2017, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of the Wireline Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Native American Telecom, LLC.
TODAY, shall the Commission approve the Interconnection Agreement?
5. TC17-020 In the Matter of the Request of Northeast Nebraska Telephone Company, Study Area: 371576 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On June 9, 2017, the Commission received an application from Northeast Nebraska Telephone Company (Company) requesting the Commission grant a waiver of the Commission’s ETC filing requirements pursuant to ARSD 20:10:32:56, on the grounds that the reporting requirements are unduly burdensome. On June 21, 2017, the Company responded to Staff’s data request.
TODAY, shall the Commission grant the waiver and provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support?
Items for Commission Discussion
Announcements
- The PUC office will be closed July 3-4, 2017, in observance of the Independence Day holiday.
- Commissioners and staff will attend the National Association of Regulatory Utility Commissioners’ Summer Policy Summit July 16-19, 2017, at the Sheraton San Diego Hotel, San Diego, California.
- The next regularly scheduled commission meeting will be Friday, July 21, 2017, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.
- Commission meetings are scheduled for August 1 and 15, 2017.
/s/Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
PUC Email
June 28, 2017
