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South Dakota Public Utilities Commission Meeting
February 19, 2021, at 9:30 A.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 5:00 p.m. CST on Thursday, February 18, 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 Meeting Held on February 2, 2021 (Staff: Macy Jo Murren)

Consumer Reports

1.      Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)

Telecommunications

1.      TC13-026        In the Matter of Study Area Boundaries for Incumbent Local Exchange Carriers (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

         In orders released by the Federal Communications Commission’s (FCC) Wireline Competition Bureau, the FCC requires the submission of study area boundary data to be used as part of the implementation of certain universal service reforms adopted by the FCC. Further, the FCC concluded that state commissions may certify to the accuracy of study area boundary data and submit it on behalf of incumbent local exchange carriers (ILECs) operating in their states. The South Dakota Public Utilities Commission (Commission) opened docket TC13-026 to address the study area boundary submittal required by the FCC. At its April 9, 2013, meeting, the Commission unanimously voted that it shall provide the certification of study area boundary data to the FCC for all ILECs located in South Dakota. On January 9, 2014, the FCC issued an Order requiring study area boundary filers to “review and recertify their study area boundary data every two years and provide updated data when study area boundaries change.” On March 19, 2014, the Commission issued an order delegating to Commission staff (staff) the authority to certify study area boundaries with certain exceptions, one of which is the Commission will biannually certify the study area boundaries. The Commission certified the study area boundaries as described by staff on December 29, 2015; March 17, 2017; and February 22, 2019. Commission certification is required for 2021. Since the last certification made by the Commission, staff is unaware of any boundary changes. Recertification should be submitted to the FCC by March 15, 2021.  

         TODAY, shall the Commission certify the current study area boundaries, as described by staff?

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. (National Access) to come forward and show cause as to why its Certificate of Authority should not be revoked. Staff alleged that the basis for the Petition is the failure of National Access to respond to numerous staff contacts. On January 11, 2021, the Commission issued an Order to Show Cause as requested by staff. On February 3, 2021, National Access filed a letter detailing certain commitments it had made to staff in order to resolve this issue.

         TODAY, shall the Commission adopt the plan set forth in the February 3, 2021, letter? OR, how shall the Commission proceed?

3.      TC21-001        In the Matter of the Application of LTD Broadband LLC for Designation as an Eligible Telecommunications Carrier for Purposes of Receiving Federal Universal Service Support (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

         On January 7, 2021, the Commission received an Application for Designation as an Eligible Telecommunications Carrier (ETC) from LTD Broadband LLC for purposes of receiving federal universal service support. LTD Broadband LLC has preliminarily been awarded Rural Digital Opportunity Fund (RDOF) funding for certain census blocks in South Dakota. On January 27, 2021, the South Dakota Telecommunications Association filed a Petition to Intervene.

         TODAY, shall the Commission grant intervention to any parties that may have filed?

4.      TC21-002        In the Matter of the Application by Uniti National LLC for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Joseph Rezac, Staff Attorney: Amanda Reiss)

         On January 27, 2021, the Commission received an Application for a Certificate of Authority to provide local exchange and interexchange telecommunications services in the state from Uniti National, LLC (Uniti). Specifically, Uniti seeks to provide facilities-based and resold local exchange telecommunications services that do not require an interconnection agreement in the state. Uniti does not seek to provide switched access services or other retail voice services. On February 8, 2021, South Dakota Telecommunications Association filed a Petition to Intervene.

         TODAY, shall the Commission grant intervention to any parties that may have filed?

Electric

1.      EL20-032        In the Matter of the Petition of Otter Tail Power Company for Approval of the Transmission Cost Recovery Rider Rate (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

         On October 30, 2020, Otter Tail Power Company (Otter Tail) filed a petition for approval of its 2021 Transmission Cost Recovery (TCR) Rider. The update includes the tracker balance estimated for the end of the current recovery period so that no over- or under-recovery of TCR costs occurs. Otter Tail’s petition proposed a March 1, 2021, effective date. On January 29, 2021, Otter Tail filed a Supplemental Filing with revised Attachments 1 through 22 and original Attachments 23 and 24.

         TODAY, shall the Commission approve Otter Tail Power Company’s TCR rate factors and revised tariff sheet with an effective date of March 1, 2021?

Natural Gas

1.      NG21-001       In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Its Revised Conservation Tracking Adjustment (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

         On January 29, 2021, the Commission received an application by Montana-Dakota Utilities Co. (Company) for approval of a revised Conservation Tracking Adjustment (CTA), pursuant to the terms of the Company’s Conservation Program Tracking Mechanism Rate 90 tariff. The Company proposed a CTA rate, applicable to service under Rates 60, 70 and 72, of $0.020 per dk to be effective March 1, 2021. The proposed CTA rate is an increase of $0.012 per dk from the currently authorized CTA rate.

         TODAY, shall the Commission grant Montana-Dakota Utilities Co.’s request for approval of the revised Conservation Tracking Adjustment of $0.020 per dk and the associated Conservation Program Tracking Mechanism Rate 90 tariff sheet, with an effective date of March 1, 2021?

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 next regular commission meeting will be Friday, March 5, 2021, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, South Dakota.

2.   Commission meetings are scheduled for March 16 and April 1, 2021.

  /s/ Cindy Kemnitz             .

Cindy Kemnitz
Finance Manager
puc@state.sd.us
February 12, 2021