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South Dakota Public Utilities Commission Meeting
January 4, 2021, at 1:30 P.M. CST
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. CST on Monday, January 4, 2021, 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 December 9 and 22, 2020 (Staff: Macy Jo Murren)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. TC20-060 In the Matter of the Petition of Brookings Municipal Utilities dba Swiftel Communications to Relinquish Its Designation as an Eligible Telecommunications Carrier in Study Area Code 399009 (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
On December 7, 2020, the Commission received a Petition from Brookings Municipal Utilities dba Swiftel Communications (Swiftel) to Relinquish Its Designation as an Eligible Telecommunications Carrier in Study Area Code 399009, pursuant to pursuant to ARSD 20:10:32:48. Swiftel provides wireless services under the Sprint brand with an Affiliation agreement. Sprint has been acquired by T-Mobile US, Inc. (T-Mobile). Therefore, all of Swiftel’s customers will be transitioned to T-Mobile.
TODAY, shall the Commission grant Brookings Municipal Utilities dba Swiftel Communications request for relinquishment in Study Area Code 399009?
2. TC20-061 In the Matter of Staff’s Petition for an Order to Show Cause Against National Access Long Distance, Inc. (Consumer Affairs Manager: Deb Gregg; Staff Attorney: Kristen Edwards)
On December 17, 2020, staff filed a Petition for an Order to Show Cause. In its Petition, staff requests the Commission issue an Order requiring National Access Long Distance, Inc. to come forward and show cause as to why its Certificate of Authority should not be revoked. Staff alleges that the basis for the Petition is the failure of National Access Long Distance, Inc. to respond to numerous staff contacts.
TODAY, shall the Commission issue an Order to Show Cause? OR, how shall the Commission proceed?
Natural Gas
1. NG20-012 In the Matter of the Filing by MidAmerican Energy Company for Approval of Refund Plan regarding Northern Natural Gas Interim Rate Refund (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On December 15, 2020, the Commission received a filing from MidAmerican Energy Company (MidAmerican). This filing proposes to return to customers funds that MidAmerican has received from the Northern Natural Gas (NNG) interim rate refund. The refund amount due to the NNG refund is $869,231.52. MidAmerican proposes to credit this amount in the January 2021 through April 2021 purchased gas adjustment (PGA) rate to align the refund with the January 2020 through April 2020 billed interim rates. MidAmerican seeks approval on less than 30 days’ notice with an effective date of January 7, 2021.
TODAY, shall the Commission approve the proposed refund on less than 30 days’ notice effective January 7, 2021?
1. Election of a Chairperson and Vice Chairperson of the Commission (Commission Attorney: Adam de Hueck)
South Dakota Codified Law 49-1-8 states in part that, “The members of the Commission shall elect a chairperson by majority vote and prescribe his duties.” SDCL 49-1-12 requires that, “Every vote and official action of the Public Utilities Commission shall be entered of record and its proceedings shall be public upon the request of either party or any person interested.” SDCL 1-25-1 requires that all official meetings of Commission be open to the public. Accordingly, the determination of the Commission’s leadership structure shall be made at this public meeting.
TODAY, how shall the Commission provide for its Executive Leadership?
Items for Commission Discussion
Public Comment
Individuals who wish to make public comments to the commission may do so during this time. All who offer public comments are requested to sign in at the commission meeting or let the commission know of their wish to speak when they call in to reserve a phone line. Time limits for comments may be determined at the discretion of the commission.
Announcements
1. The PUC will host a Briefing for Legislators on Wednesday, January 6, 2021, at 4:00 p.m. CST via MS Teams videoconference. The agenda is to discuss current issues related to telecommunications, energy regulation and grain warehouses. Contact the PUC at 605-773-3201 or PUC@state.sd.us by 5:00 p.m. CST, January 5, 2021, to reserve a spot to attend this videoconference.
2. Commissioners and staff will meet with representatives of NorthWestern Energy on Monday, January 11, 2021, at 9:00 a.m. CST via Zoom videoconference. The agenda is to discuss an update of NorthWestern Energy’s operations, finance and customer service activities. Contact the PUC at 605-773-3201 or PUC@state.sd.us by 5:00 p.m. CST, January 8, 2021, to reserve a spot to attend this videoconference.
3. A show cause hearing for the following dockets will be held Thursday, January 14, 2021, at 3:00 p.m. CST in the Floyd Matthew Training Center in the Foss Building, 523 E. Capitol Avenue, Pierre, South Dakota.
• TC20-053 - In the Matter of American Telecommunications Systems, Inc.’s Failure to Timely Pay the Gross Receipts Tax
• TC20-054 - In the Matter of DataBytes Inc.’s Failure to Timely Pay the Gross Receipts Tax
• TC20-055 - In the Matter of Peerless Network of South Dakota, LLC’s Failure to Timely Pay the Gross Receipts Tax
• TC20-056 - In the Matter of Stream Communications’ Failure to Timely Pay the Gross Receipts Tax
• TC20-057 - In the Matter of STS Media Inc. dba FreedomPop’s Failure to Timely Pay the Gross Receipts Tax
• TC20-058 - In the Matter of The Light Phone’s Failure to Timely Pay the Gross Receipts Tax
• TC20-059 - In the Matter of WaveNation LLC’s Failure to Timely Pay the Gross Receipts Tax
4. The PUC office will be closed Monday, January 18, 2021, in observance of Martin Luther King, Jr. Day.
5. The next regular commission meeting will be Tuesday, January 19, 2021, at 1:30 p.m. CST in the Department of Transportation Commission Room, Becker-Hansen Building, 700 E. Broadway Avenue, Pierre, South Dakota.
6. PUC commissioners and staff will meet with representatives of the Midcontinent Independent System Operator via Webex video conference on Wednesday, January 27, 2021, at 1:30 p.m. CST. The agenda is to discuss long range transmission planning, cost allocation and a joint MISO/Southwest Power Pool Study. Contact the PUC at 605-773-3201 or PUC@state.sd.us by 5:00 p.m. CST, January 26, 2021, to reserve a spot to attend this videoconference.
7. Commission meetings are scheduled for February 2 and 19, 2021
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
December 28, 2020
