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South Dakota Public Utilities Commission Meeting
September 3, 2019, 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 3, 2019, 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 Minutes of the Commission Meeting Held on August 21, 2019 (Staff: Joy Lashley)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
1. EL18-045 In the Matter of the Application of Flying Cow Wind, LLC for a Facility Permit to Construct a 345 kV Transmission Line and Associated Facilities in Deuel County (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
On October 24, 2018, the Commission received an application for a facility permit from Flying Cow Wind, LLC, (Flying Cow), a wholly-owned subsidiary of Roaring Fork Wind, LLC to construct an approximately 10.42-mile 345-kV overhead transmission line, a substation, and associated facilities (Project) in Deuel County, South Dakota. The starting point for the Project is proposed to be located in Government Lot 2 of Section 34 in Township 114N, Range 47W, Norden Township. The ending point will be in the NW ¼ of Section 22, Township 113N, Range 48 West, Scandinavia Township. The Project is expected to be in service by the third quarter of 2020. On July 31, 2019, Flying Cow filed a Motion to Extend Deadline for Commission Action. According to the Motion to Extend Deadline for Commission Action, the Project was acquired by Avangrid Renewables, LLC in the spring of 2019.Pursuant to SDCL 49-41B-24.1, Flying Cow requests an extension of the deadline of at least 6 months due to the change in the Project’s ownership.
TODAY, shall the Commission Grant Flying Cow Wind, LLC’s Motion to Extend the Deadline for Commission Action?
Gas and Electric
1. GE19-004 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group, Inc., for Approval of a Customer Reference Guide (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On July 29, 2019, the Commission received a filing from Montana-Dakota Utilities Co., a subsidiary of MDU Resources Group, Inc. (MDU), for approval of revisions to its Customer Reference Guide and revisions to its electric and gas tariff sheets to provide updated forms within Section 6. On August 15, 2019, MDU provided updated tariff pages and Customer Reference Guide with further revisions as explained in MDU’s letter and requested an effective date of October 1, 2019.
TODAY, shall the Commission approve the Customer Reference Guide and proposed tariff revisions with an effective date of October 1, 2019?
Grain Warehouse
1. GW19-002 In the Matter of the PUC Staff’s Complaint Against High Country Mercantile, Inc. (Warehouse Manager: Cody Chambliss; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On August 1, 2019, South Dakota Public Utilities Commission staff (staff) filed with the South Dakota Public Utilities Commission a complaint against High Country Mercantile, Inc. (HCM). In the Complaint, staff alleges HCM is buying grain without a grain buyer license in violation of SDCL 49-45-1. On August 7, 2019, the Commission heard the Complaint, deferred the issue of a fine, and directed staff to seek an injunction in circuit court pursuant to SDCL 49-45-1. On August 13, 2019, staff filed an Amended Complaint. In the Amended Complaint, staff alleges HCM has made over 100 purchases without a license and requests the Commission issue an order finding HCM to be in violation of SDCL 49-45-1 and issue a fine for the violations.
TODAY, shall the Commission issue an order finding HCM to be in violation of SDCL 49-45-1 and issue a fine for the violations? OR, how shall the Commission proceed?
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC19-031, TC19-034, TC19-039 and TC19-040
TC19-031 In the Matter of the Request of City of Faith Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area 391653) (Staff Analyst: Lorena Reichert; Commission Attorney: Karen Cremer)
On June 27, 2019, the Commission received an application from the City of Faith Municipal 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 22 and July 31, 2019, the Company responded to staff’s data requests.
TC19-034 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; Commission Attorney: Adam de Hueck)
On June 27, 2019, 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 July 24 and August 8, 2019, the Company responded to staff’s data requests.
TC19-039 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; Commission Attorney: Karen Cremer)
On June 28, 2019, 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 July 25, 2019, the Company responded to staff’s data request.
TC19-040 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: Lorena Reichert; Commission Attorney: Adam de Hueck)
On July 1, 2019, 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 July 31, August 9, and August 16, 2019, the Company responded to staff’s data requests.
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?
2. TC19-043 In the Matter of the Approval of a Reciprocal Compensation Bill and Keep Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Clarity Telecom LLC dba Vast Broadband (fka Knology of the Black Hills, LLC fka PrairieWave Black Hills, LLC) (Staff Analyst: Eric Paulson; Staff Attorney; Amanda Reiss)
On July 23, 2019, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a Reciprocal Compensation Bill and Keep Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Clarity Telecom LLC dba Vast Broadband (fka Knology of the Black Hills, LLC fka PrairieWave Black Hills, LLC).
TODAY, shall the Commission approve the amendment to the Interconnection Agreement?
3. TC19-044 In the Matter of the Approval of a Reciprocal Compensation Bill and Keep Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Clarity Telecom LLC dba Vast Broadband (fka Knology of the Plains, Inc. fka PrairieWave Telecommunications, Inc.) (Staff Analyst: Eric Paulson; Staff Attorney; Amanda Reiss)
On July 23, 2019, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a Reciprocal Compensation Bill and Keep Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Clarity Telecom LLC dba Vast Broadband (fka Knology of the Plains, Inc. fka PrairieWave Telecommunications, LLC).
TODAY, shall the Commission approve the amendment to the Interconnection Agreement?
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 chairman.
Announcements
- Commissioners and staff will meet with consumers at the PUC booth in the Expo Building at the South Dakota State Fair, August 29–September 2, 2019, in Huron, South Dakota.
- The PUC office will be closed Monday, September 2, 2019, in observance of the Labor Day holiday.
- Commissioners will attend the East River Electric Power Cooperative annual meeting, Wednesday, September 4, 2019, between 9:00 a.m. and 4:00 p.m. CST at the Ramkota Conference Center, Sioux Falls, South Dakota.
- The next regular commission meeting will be Tuesday, September 17, 2019, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
- The next regular commission meeting will be Tuesday, September 3, 2019, at 1:30 p.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
- Commission meetings are scheduled for October 1 and 15, 2019.
/s/Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
PUC Email
August 27, 2019
