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South Dakota Public Utilities Commission Meeting
September 4, 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 Tuesday, September 4, 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 Meeting Held on August 22, 2018, and the Ad Hoc Commission Meeting Held on August 24, 2018 (Staff: Joy Lashley)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Complaint
1. CT14-001 In the Matter of the Complaint filed by George W. and Carol A. Ferebee, Hill City, South Dakota, against Qwest Corporation dba CenturyLink QC Regarding a Telephone Service Dispute (Consumer Affairs Manager: Deb Gregg; Attorney: Karen Cremer)
On October 9, 2014, the Commission received a complaint filed by George W. and Carol A. Ferebee, Hill City, South Dakota (Complainants), against Qwest Corporation dba CenturyLink QC (CenturyLink) regarding a telephone service dispute. The Complainants state that their telephone service malfunctions frequently and request that their telephone service be fixed. On October 30, 2014, CenturyLink filed its answer to the complaint. On November 18, 2014, CenturyLink filed an amended answer. In its amended answer, CenturyLink requested additional time to allow it to implement modifications to its network to address the issues experienced by the Complainants. CenturyLink further suggested that any hearing be “delayed until the customers have the opportunity to determine whether or not these measures are adequate to address their concerns.” On May 5, 2016, an evidentiary hearing was held. The Commission voted to leave the docket open for a year and adopt the recommendations of CenturyLink that for a period of one year, CenturyLink will: (1) continue to have a technician assigned to this area to make sure that Complainants have the ability to contact that technician directly; (2) notify the Commission of any outages as soon as it is practical to do so; and (3) provide a report in six months regarding any outages or service issues experienced by the Ferebees. On August 17, 2018, CenturyLink filed a Motion to Dismiss.
TODAY, shall the Commission grant CenturyLink’s Motion to Dismiss? OR, how shall the Commission proceed?
2. CT14-002 In the Matter of the Complaint filed by Jon D. and Barbara J. Wilson, Hill City, South Dakota, against Qwest Corporation dba CenturyLink QC Regarding a Telephone Service Dispute (Consumer Affairs Manager: Deb Gregg; Attorney: Karen Cremer)
On October 10, 2014, Commission received a complaint filed by Jon D. and Barbara J. Wilson, Hill City, South Dakota (Complainants), against Qwest Corporation dba CenturyLink QC (CenturyLink) regarding a telephone service dispute. The Complainants state that they have had multiple outages with their telephone service since 2002. The Complainants request that CenturyLink upgrade its infrastructure to provide the Complainants the same level of service as the rest of the market place. On October 30, 2014, CenturyLink filed its answer to the complaint. On November 18, 2014, CenturyLink filed an amended answer to the complaint. CenturyLink requested that it be allowed to implement modifications to its network to address the issues experienced by the Complainants. CenturyLink requested that any hearing be delayed until the Complainants “have the opportunity to determine whether or not these measures are adequate to address their concerns.” On May 5, 2016, an evidentiary hearing was held. The Commission voted to leave the docket open for a year and adopt the recommendations of CenturyLink that for a period of one year, CenturyLink will: (1) continue to have a technician assigned to this area to make sure that Complainants have the ability to contact that technician directly; (2) notify the Commission of any outages as soon as it is practical to do so; and (3) provide a report in six months regarding any outages or service issues experienced by the Wilsons. On August 17, 2018, CenturyLink filed a Motion to Dismiss.
TODAY, shall the Commission grant CenturyLink’s Motion to Dismiss? OR, how shall the Commission proceed?
Electric
1. EL18-029 In the Matter of the Application of Black Hills Power Inc., dba Black Hills Energy for Approval of Its Tax Cut and Jobs Act Proposal (StaffAnalysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)
On December 21, 2017, the Commission received a filing from Commission staff (staff) requesting a docket (Docket GE17-003) be opened to investigate the Tax Cuts and Jobs Act (TCJA) 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 TCJA will have on South Dakota utilities and requested the Commission issue an order requiring utilities to submit comments on the effect the TCJA will have on each utility. Additionally, staff requested the Commission issue an order that any adjustment to rates due to the TCJA 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 29, 2018 Black Hills Energy filed (Docket EL18-029) a proposal to refund the 2018 TCJA customer benefits to ratepayers, reduce rates effective January 1, 2019, for future TCJA tax expense reductions, and revise base rate customer charges. On August 28, 2018, staff and Black Hills 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?
2. EL18-031 In the Matter of the Filing by Otter Tail Power Company for Approval of Tariff Revisions to Facilitate Implementation of a New Customer Information System (StaffAnalyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
On July 2, 2018, the Commission received an application from Otter Tail Power Company (Company) requesting the Commission to approve tariff schedule changes of the rate code format and of non-revenue impacting tariff changes. The tariff changes are requested to facilitate the implementation of a new Customer Information System and billing system. On August 20, 2018, the Company filed revisions to reflect suggested changes by Commission staff. On August 21, 2018, the Company filed revisions to clarify the proration section of the tariff and to retract a proposed change to the tariff.
TODAY, shall the Commission approve Otter Tail Power Company’s revised tariff sheets with an effective date of October 1, 2018?
Grain Warehouse
1. GW18-001 In the Matter of the Grain Buyer License of Utica Grain, Inc. dba Upper Midwest Grain Elevator (Grain Warehouse Manager: Cody Chambliss; Staff Attorneys: Amanda Reiss, Kristen Edwards)
On August 20, 2018, Commission staff filed a Petition requesting the Commission immediately suspend the grain buyer licenses of Utica Grain, Inc. dba Upper Midwest Grain Elevator (Utica Grain), pursuant to SDCL 49-45-16. Staff is aware of specific acts of insolvency and believes immediate action is necessary. Utica Grain is a federally licensed grain warehouse but does not hold a grain warehouse license from the State of South Dakota, therefore, no action is necessary with respect to a warehouse license under SDCL 49-43. Utica Grain has locations in Utica, Irene, Meckling, and Tabor, South Dakota. Each location has a separate grain buyer license. On August 24, 2018, the Commission heard from staff and Utica Grain witnesses. The matter was deferred until September 4, 2018.
TODAY, shall the Commission suspend the grain buyer licenses of Utica Grain, Inc. dba Upper Midwest Grain Elevator effective immediately? OR, how shall the Commission proceed?
Telecommunications
1. TC18-022 In the Matter of the Application of Valley Communications, Inc. dba Valley FiberCom for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota (StaffAnalyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On June 7, 2018, Valley Communications, Inc. dba Valley FiberCom (Valley) filed an Application for a Certificate of Authority (Application) to provide local exchange and interexchange long distance services in South Dakota. In the Application, Valley seeks to provide services to business and residential customers in the Volga, Arlington, Lake Preston and De Smet exchanges, currently served by CenturyLink. On June 26, 2018, Midcontinent Communications was granted intervention in the docket. On July 12, 2018, Valley responded to staff’s data request.
TODAY, shall the Commission grant Valley Communications, Inc. dba Valley FiberCom’s request for a Certificate of Authority to provide local exchange and interexchange long distance services in South Dakota?
2. TC18-038 In the Matter of the Request of Citizens Telecommunications Company of Minnesota, LLC for Certification Regarding its Use of Federal Universal Service Support (Study Area: 361123) (StaffAnalyst: 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. On August 24, 2018, Citizens responded to Commissioner Fiegen’s inquiry from the August 22, 2018, Commission meeting.
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 for Citizens Telecommunications Company of Minnesota, LLC?
3. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC18-041 and TC18-045
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) (StaffAnalyst: 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. At the Commission’s regularly scheduled meeting on August 22, 2018, the matter was deferred.
TC18-045 In the Matter of the Request of Farmers Mutual Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area 361389) (StaffAnalyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On June 29, 2018, the Commission received an application from Farmers Mutual 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 31, 2018, the Company submitted a revised letter regarding ETC certification. On August 13, 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?
4. TC18-054 In the Matter of the Application of Cheyenne River Sioux Tribe Telephone Authority for an Amended Certificate of Authority (StaffAnalyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On July 16, 2018, the Commission received a filing from Cheyenne River Sioux Tribe Telephone Authority for an Amended Certificate of Authority to provide local exchange and interexchange long distance services in South Dakota. Cheyenne River Sioux Tribe Telephone Authority intends to offer its services in the non-rural areas of CenturyLink’s Timber Lake exchange. On August 17, 2018, Cheyenne River Sioux Tribe Telephone Authority responded to staff’s data request.
TODAY, shall the Commission grant Cheyenne River Sioux Tribe Telephone Authority’s request for an Amended Certificate of Authority to provide local exchange and interexchange long distance services in South Dakota?
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
- Commissioners and staff will meet with consumers in the PUC booth in the Expo Building at the South Dakota State Fair, August 30–September 3, 2018, in Huron, South Dakota.
- The PUC office will be closed Monday, September 3, 2018, in observance of the Labor Day holiday.
- The next regular commission meeting will be Tuesday, September 18, 2018, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
- Commission meetings are scheduled for October 2 and 16, 2018.
/s/Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
PUC Email
August 28, 2018
