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South Dakota Public Utilities Commission Meeting
July 10, 2018, 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 10:00 a.m. CDT on Monday, July 9, 2018. 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 webcast 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 Ad Hoc Commission Meeting Held on June 8, 2018, and the Commission Meeting Held on June 12, 2018 (Staff: Joy Lashley)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
1. EL18-021 In the Matter of the Application of Otter Tail Power Company for Authority to Increase Its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac, Lorena Reichert; Staff Attorney: Kristen Edwards)
On April 20, 2018, the Commission received an application by Otter Tail Power Company (Otter Tail) for approval to increase rates for electric service in its South Dakota service territory. Otter Tail states that it proposes a two-step increase to rates, with the first step increasing rates by $3,358,547 annually or 10.10 percent based on Otter Tail’s 2017 test year. Otter Tail states a typical residential customer will see an increase of $11.29 per month under the rate design proposed by the company. Otter Tail proposes to implement $2,386,538, or 7.17 percent, of this increase on an interim basis once 30 days have passed from the date of filing, pursuant to SDCL 49-34A-17, with the full amount step-one increase becoming effective upon the Commission’s final disposition in this case. The second step proposes an additional $629,107, or 1.72 percent increase to rates, effective January 1, 2020. On May 16, 2018, the Commission issued an Order Suspending Operation of Proposed Rates; Order Assessing Filing Fee; Order Authorizing Consulting Contracts. The proposed rates may potentially affect approximately 11,700 customers in Otter Tail’s South Dakota service territory. June 1, 2018, was noticed as the intervention deadline. On June 28, 2018, Valley Queen Cheese Factory, Inc. filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to any parties that may have filed?
Gas & Electric
1. GE17-003 In the Matter of Staff’s Request to Investigate the Effects of the Tax Cuts and Jobs Act on South Dakota Utilities (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On December 21, 2017, the Commission received a filing from Commission staff (staff) requesting a docket be opened to investigate the Tax Cuts and Jobs Act on South Dakota utilities. Staff also filed a Motion Requesting Order Requiring Comments and Securing Tax Effects for Customers as of January 1, 2018 (Motion). In the Motion, staff requested the Commission investigate the effect the Tax Cuts and Jobs Act (Act) will have on South Dakota utilities and requested the Commission issue an order requiring utilities to submit comments on the effect the Act will have on each utility. Additionally, staff requested the Commission issue an order that any adjustment to rates due to the Act will be effective on January 1, 2018. On December 29, 2017, the Commission issued an Order Requiring Comments; Order Requiring Rates in Effect January 1, 2018, are Subject to Refund; Order Granting Intervention. On January 29, 2018, NorthWestern Energy submitted initial comments and on February 1, 2018, Black Hills Energy, Montana-Dakota Utilities Co., MidAmerican Energy, Xcel Energy, and Otter Tail Power Co. filed initial comments. On June 25, 2018, staff and Xcel Energy filed a Joint Motion for Approval of Settlement Stipulation and Settlement Stipulation.
TODAY, shall the Commission grant the Joint Motion for Approval of Settlement Stipulation and approve the terms and conditions stipulated therein? OR, how shall the Commission proceed?
Natural Gas
1. NG18-011 In the Matter of the Filing by MidAmerican Energy Company for the Approval of Its 2017 Reconciliation and Revised Energy Efficiency Cost Recovery Factor (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
On June 15, 2018, MidAmerican Energy Company (MidAmerican) filed for Commission approval its revised Energy Efficiency Cost Recovery (EECR) Factors for gas services. Specifically, MidAmerican proposes to change the residential EECR Factor from $0.00000/therm to a credit of $0.01161/therm and the non-residential EECR Factor from $0.00000/therm to $0.00207/therm. MidAmerican requests a July 31, 2018, effective date for the rate changes.
TODAY, shall the Commission approve the proposed Energy Efficiency Cost Recovery Factors and associated tariff sheet, with an effective date of July 31, 2018?
Telecommunications
1. TC18-012 In the Matter of the Application of Intermedia Voice Services, Inc. for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On April 30, 2018, the Commission received a filing from Intermedia Voice Services, Inc. (Intermedia) for a Certificate of Authority to provide local exchange and interexchange long distance services in South Dakota. On June 6, 2018, Intermedia filed a Letter regarding Withdrawal of Application. This matter was deferred from the June 26, 2018, Commission meeting.
TODAY, shall the Commission grant Intermedia Voice Services, Inc’s request for Withdrawal of Application?
2. TC18-016 In the Matter of the Approval of a Third-Party Transit Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Peerless Network of South Dakota, LLC (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On May 17, 2018, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a Third-Party Transit Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC (CenturyLink) and Peerless Network of South Dakota, LLC. The purpose of the amendment is to provide the conditions under which CenturyLink and Peerless Network of South Dakota, LLC may use a Third-Party Transit Provider to indirectly exchange traffic between their networks. This matter was deferred from the June 26, 2018, Commission meeting.
TODAY, shall the Commission approve the Amendment to the Interconnection Agreement?
3. TC18-017 In the Matter of the Approval of a Carrier Partner for Interconnected VoIP Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Peerless Network of South Dakota, LLC (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On May 17, 2018, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Interconnected VoIP Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC (CenturyLink) and Peerless Network of South Dakota, LLC (Peerless). Peerless wishes to act as a Carrier Partner for an Interconnected VoIP Provider by providing a switch and combining their traffic with the Interconnected VoIP Provider’s VoIP-PSTN Traffic. Peerless then wishes to exchange such traffic with CenturyLink according to the terms of this Amendment. This matter was deferred from the June 26, 2018, Commission meeting.
TODAY, shall the Commission approve the Amendment to the Interconnection Agreement?
4. TC18-021 In the Matter of the Request of Northeast Nebraska Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 371576) (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On June 7, 2018, 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 15, 2018, 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?
5. TC18-024 In the Matter of the Application of Education Networks of America, Inc. for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On June 14, 2018, the Commission received a filing from Education Networks of America, Inc. (ENA) for a Certificate of Authority to provide local exchange and interexchange long distance services in South Dakota. ENA intends to provide fixed VoIP local exchange services in the non-rural areas of CenturyLink’s areas to schools and libraries, and provide interexchange service in the non-rural areas as well. On June 21 and June 22, 2018, ENA responded to Staff’s data request.
TODAY, shall the Commission grant Education Networks of America, Inc.’s request for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota?
6. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in DocketsTC18-025 and TC18-026.
TC18-025 In the Matter of the Request of TrioTel Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: McCook 391669 and Tri-County Telecom 391682) (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On June 14, 2018, the Commission received an application from TrioTel Communications 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.
TC18-026 In the Matter of the Request of Valley Telecommunications Cooperative Association, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391685) (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On June 14, 2018, the Commission received an application from Valley Telecommunications Cooperative Association, 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.
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
Public Comment
Announcements
- The PUC office will be closed Wednesday, July 4, 2018, in observance of Independence Day.
- An ad hoc commission meeting will be held Tuesday, July 10, 2018, at 1:30 p.m. CDT in Room 414 at the State Capitol Building, Pierre, S.D.
- A public input hearing for docket EL18-026 – In the Matter of the Application by Prevailing Wind Park, LLC for a Permit of a Wind Energy Facility in Bon Homme County, Charles Mix County and Hutchinson County, South Dakota, for the Prevailing Wind Park Project will be held Thursday, July 12, 2018, at 5:30 p.m. CDT in the Avon School Gymnasium, 210 N. Pine St., Avon, S.D.
- Commissioners will attend the National Association of Regulatory Utility Commissioners’ Summer Policy Summit July 15-18, 2018, at the Fairmont Scottsdale Princess, Scottsdale, Arizona.
- The PUC will host the Association of Grain Regulatory Officials Annual Conference, July 22-25, 2018, at the Holiday Inn Sioux Falls-City Centre, Sioux Falls, S.D.
- The next regular commission meeting will be Thursday, July 26, 2018, at 1:30 p.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.
- Commission meetings are scheduled for August 7 and 22, 2018.
/s/Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
PUC Email
July 3, 2018
