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South Dakota Public Utilities Commission Meeting
August 22, 2018, at 1:30 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

NOTE:  Docket participants who wish to join this meeting by conference call, should contact the Commission at 605-773-3201 by 10:00 a.m. CDT on Wednesday, August 22, 2018, to reserve a phone line. Lines are limited and assigned 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 docket discussion at 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 Commission Meetings Held on July 26 and August 7, 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.     EL18-034     In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Tariff Revisions to Its Small Qualifying Facility Rider (Rates 73 and 74) (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorney: Kristen Edwards)

On July 20, 2018, the Commission received an application by NorthWestern Corporation dba NorthWestern Energy (NorthWestern) for approval to revise its Rate No. 73 – Small Qualifying Facility Rider (Occasional delivery energy service) and Rate No. 74 – Small Qualifying Facility Rider (Time of delivery energy service) tariff rates to reflect prices based on projected 2018-2019 data. NorthWestern requests an effective date of September 1, 2018, for the proposed modifications to the rate schedules.

     TODAY, shall the Commission approve NorthWestern’s tariff revisions with an effective date of September 1, 2018?

2.     EL18-035     In the Matter of the Joint Request for Service Rights Exception between NorthWestern Corporation dba NorthWestern Energy and Central Electric Cooperative, Inc. (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

On August 7, 2018, the Commission received a Consent and Agreement for Electric Service between NorthWestern Corporation dba NorthWestern Energy (NorthWestern) and Central Electric Cooperative, Inc. (Central Electric) to allow Central Electric to provide electric service to a new home within the Northeast Quarter of Section 33 in Township 102 North, Range 60 West, 5th P.M., Davison County, located in NorthWestern’s territory.

     TODAY, shall the Commission approve the requested service rights exception between NorthWestern and Central Electric?

Telecommunications

1.     TC18-002     In the Matter of the Complaint by Interstate Telecommunications Cooperative, Inc. and West River Cooperative Telephone Company Against MCI Communications Services, Inc., dba Verizon Business Services Regarding Failing to Pay Intrastate Access Charges at the Rates Approved By the Commission (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

On January 16, 2018, the Commission received a Complaint filed by Interstate Telecommunications Cooperative, Inc. (ITC) and West River Cooperative Telephone Company (West River) against MCI Communications Services, Inc., dba Verizon Business Services (Verizon) regarding failing to pay intrastate access charges at the rates approved by the Commission. On February 16, March 7, March 28 and April 27, 2018, Verizon filed letters indicating the Parties agreed to postpone the deadline for Verizon to answer the Complaint by two weeks. On May 14, 2018, Verizon filed a letter indicating that the parties agreed to postpone the deadline for Verizon to answer the Complaint indefinitely. On July 31, 2018, ITC and West River filed a letter and Stipulation for Dismissal in the matter indicating that the Parties fully settled and resolved the matter and requested the Commission dismiss the matter upon its merits, with prejudice.

     TODAY, shall the Commission approve the Stipulation and Dismiss the Complaint upon its merits, with prejudice?

2.      In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC18-023, TC18-028, TC18-030, TC18-031, TC18-032, TC18-035, TC18-039, TC18-040, TC18-041, TC18-046, TC18-047, TC18-051 and TC18-052

     TC18-023     In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: Interstate Telecommunications Cooperative–391654 and Stockholm Strandburg–391679) (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

On June 12, 2018, 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 August 1, 2018, the Company responded to staff’s data request.

     TC18-028     In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399013) (Staff Analyst: Lorena Reichert; Staff Attorney: Kristen Edwards)

On June 18, 2018, the Commission received an application from Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, 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 August 1, 2018, the Company responded to staff’s data request.

     TC18-030     In the Matter of the Request of James Valley Cooperative Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391664) (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

On June 25, 2018, the Commission received an application from James Valley Cooperative Telephone Company (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 27, 2018, the Company responded to staff’s data request.

     TC18-031     In the Matter of the Request of James Valley Wireless, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399014) (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

On June 25, 2018, the Commission received an application from James Valley Wireless, LLC (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 27, 2018, the Company responded to staff’s data request.

     TC18-032     In the Matter of the Request of Northern Valley Communications, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 399017 and 396340) (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

On June 25, 2018, the Commission received an application from Northern Valley Communications, LLC (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 27, 2018, the Company responded to staff’s data request.

     TC18-035     In the Matter of the Request of Cheyenne River Sioux Tribe Telephone Authority Study Area: 391647 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

On June 28, 2018, the Commission received an application from Cheyenne River Sioux Tribe Telephone Authority (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 30, 2018, the Company responded to staff’s data request.

     TC18-039     In the Matter of the Request of Clarity Telecom, LLC dba Vast Broadband for Certification Regarding Its Use of Federal Universal Service Support (Study Area: ILEC–391652 and CLEC–399006) (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

On June 28, 2018, the Commission received an application from Clarity Telecom, LLC dba Vast Broadband (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 3, 2018, the Company responded to staff’s data request.

     TC18-040     In the Matter of the Request of Midstate Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 391670 and CLEC Service Area) (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

On June 28, 2018, the Commission received an application from Midstate 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. On August 2, 2018, the Company responded to staff’s data request.

     TC18-041     In the Matter of the Request of Qwest Corporation dba CenturyLink QC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 395145) (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

On June 28, 2018, the Commission received an application from Qwest Corporation dba CenturyLink QC (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, 2018, the Company responded to staff’s data request.

     TC18-046     In the Matter of the Request of Fort Randall Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area 391660) (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

On June 29, 2018, the Commission received an application from Fort Randall Telephone Company (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 19, 2018, the Company responded to Staff’s data request.

     TC18-047     In the Matter of the Request of Valley Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area 361495) (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

On June 29, 2018, the Commission received an application from Valley Telephone Company (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 3, 2018, the Company responded to staff’s data request.

     TC18-051     In the Matter of the Request of West River Cooperative Telephone Company Certification Regarding Its Use of Federal Universal Service Support (Study Area 391689) (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

On June 29, 2018, the Commission received an application from West River Cooperative Telephone Company (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 14, 2018, the Company responded to staff’s data request and submitted a revised filing.

     TC18-052     In the Matter of the Request of Jefferson Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area 391666) (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

On July 2, 2018, the Commission received an application from Jefferson Telephone Company (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 1, 2018, 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?

3.     TC18-038     In the Matter of the Request of Citizens Telecommunications Company of Minnesota, LLC Study Area: 361123 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

On June 28, 2018, the Commission received an application from Citizens Telecommunications Company of Minnesota, LLC (Citizens) requesting the Commission grant a waiver of the Commission’s ETC filing requirements pursuant to ARSD 20:10:32:56, on grounds that the reporting requirements in support of ETC certification are unduly burdensome and unnecessary. Citizens also requests that the Commission 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 Company. On July 30, 2018, Citizens responded to Staff’s data request.

     TODAY, shall the Commission grant the waiver and certify Citizens Telecommunications Company of Minnesota, LLC?

Items for Commission Discussion

Public Comment

Individuals who wish to make public comments to the commission may do so in person during this time. All who offer public comment are requested to sign in at the commission meeting. Time limits for comments may be determined at the discretion of the chairperson.

Announcements

  1. Commissioners and staff will attend the South Dakota Telecommunications Association Annual Meeting, August 19-21, 2018, at the Swiftel Center, Brookings, South Dakota.

  2. Commissioners and staff will meet with consumers at the PUC booth in the Expo Building at the South Dakota State Fair, August 30–September 3, 2018, in Huron, South Dakota.

  3. The PUC office will be closed Monday, September 3, 2018, in observance of the Labor Day holiday.

  4. The next regular commission meeting will be Tuesday, September 4, 2018, at 1:30 p.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.

  5. Commission meetings are scheduled for September 18 and October 2, 2018.

/s/Cindy Kemnitz     .
Cindy Kemnitz
Finance Manager
PUC Email
August 15, 2018