Commission Agendas | previous page
South Dakota Public Utilities Commission Meeting
July 22, 2021, 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 Thursday, July 22, 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 June 22 and July 6, 2021, and the Special Ad Hoc Meeting held on July 9, 2021 (Staff: Macy Jo Murren)
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC21-044, TC21-045, TC21-046, TC21-048, TC21-057, TC21-058, TC21-062, TC21-063, TC21-068
TC21-044 In the Matter of the Request of Santel Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391676) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
On June 16, 2021, the Commission received an application from Santel Communications 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 July 13, 2021, the Company responded to staff’s data requests.
TC21-045 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: Joseph Rezac; Commission Attorney: Karen Cremer)
On June 21, 2021, 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.
TC21-046 In the Matter of the Request of Kennebec Telephone Co., Inc. for Certification Regarding its Use of Federal Universal Service Support (Study Area 391668) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
On June 21, 2021, the Commission received an application from Kennebec Telephone Co., 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.
TC21-048 In the Matter of the Request of West River Telecommunications Cooperative for Certification Regarding its Use of Federal Universal Service Support (Study Area: Mobridge–391671) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
On June 21, 2021, the Commission received an application from West River Telecommunications Cooperative, Mobridge, (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 12, 2021, the Company responded to staff’s data requests.
TC21-057 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391654) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)
On June 24, 2021, the Commission received an application from Interstate Telecommunications Cooperative, Inc. (Company) requesting the Commission to issue an 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 9, 2021, the Company responded to staff’s data request.
TC21-058 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: Brittany Mehlhaff; Commission Attorney: Karen Cremer)
On June 24, 2021, the Commission received an application from Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. (Company) requesting the Commission to issue an 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.
TC21-062 In the Matter of the Request of Alliance Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 391405, 391642 and 391657) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
On June 25, 2021, the Commission received an application from Alliance Communications 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 July 9, 2021, the Company responded to staff’s data request.
TC21-063 In the Matter of the Request of RT Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 512251) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
On June 25, 2021, the Commission received an application from RT 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 July 6, 2021, the Company responded to staff’s data requests.
TC21-068 In the Matter of the Request of Midstate Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: ILEC-391670 and CLEC-399011) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
On June 29, 2021, 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 July 8, 2021, 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. TC21-036 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Bullseye Telecom, Inc. for the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On June 2, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of the FCC Modernizing Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Bullseye Telecom, Inc.
TODAY, shall the Commission approve the Amendment to the Interconnection Agreement?
3. TC21-041 In the Matter of the Application of City of Brookings Municipal Telephone dba Swiftel Communications for an Amended Certificate of Authority (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On June 14, 2021, City of Brookings Municipal Telephone dba Swiftel Communications (Swiftel) filed an application for an Amended Certificate of Authority for local exchange service pursuant to SDCL 49-31-69. Pursuant to resolutions by the Mayor of the City of Brookings that annexed new areas into the city, Swiftel requests to add new telephone service territory currently held by Interstate Telecommunications Cooperative (ITC). ITC does not object to Swiftel’s request. Swiftel also requests the Commission waive ARSD 20:10:32:03 (1-8); (10-22); and (24).
TODAY, shall the Commission approve the request for waiver? AND shall the Commission approve the request for an Amended Certificate of Authority?
4. TC21-042 In the Matter of the Filing of Airus, Inc. for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On June 14, 2021, the Commission received a filing by Airus, Inc. for approval of revisions to its Access Services Tariff No. 1. The revisions are being made to address the Federal Communications Commission’s rules related to Toll-Free Originating Access Service rates. Airus, Inc. requests a July 1, 2021, effective date. On July 15, 2021, Airus, Inc. responded to staff’s data request and filed revised tariff pages.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?
5. TC21-043 In the Matter of the Filing of Peerless Network of South Dakota, LLC for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On June 14, 2021, the Commission received a filing by Peerless Network of South Dakota, LLC (Peerless) for approval of revisions to its Access Services Tariff No. 1. The revisions are being made to address the Federal Communications Commission’s rules related to Toll-Free Originating Access Service rates. Peerless requests a July 1, 2021, effective date. On July 14, 2021, Peerless responded to staff’s data request and filed revised tariff pages.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?
6. TC21-050 In the Matter of the Approval of a Third-Party Transit Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Wide Voice, LLC (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On June 23, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a Third-Party Transit Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Wide Voice, LLC.
TODAY, shall the Commission approve the Amendment to the Interconnection Agreement?
7. TC21-051 In the Matter of the Approval of a Routing of Traffic Through a Third-Party Transit Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Wide Voice, LLC (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On June 23, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a Routing of Traffic Through a Third-Party Transit Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Wide Voice, LLC.
TODAY, shall the Commission approve the Amendment to the Interconnection Agreement?
8. TC21-059 In the Matter of the Filing of Fort Randall Telephone Company for Approval of Revisions to Its Intrastate Switched Access Services Tariff (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On June 24, 2021, the Commission received a filing by Fort Randall Telephone Company for approval of revisions to its Interstate Access Service Tariff. This filing proposes the first step in implementing the 8YY Access Service reductions mandated in the Federal Communications Commission’s October 9, 2020, Report and Order in WC Docket No. 18-156, FCC Release No. 20-143. Fort Randall Telephone Company requests an effective date of July 1, 2021.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?
9. TC21-065 In the Matter of the Filing by dishNET Wireline, LLC for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On June 28, 2021, the Commission received a filing by dishNET Wireline, LLC (dishNET) for approval of revisions to its Access Services Tariff No. 2. The purpose of this filing is to bring dishNET’s tariff into compliance with the Federal Communications Commission’s October 9, 2020, Report and Order in WC Docket No. 18-156, FCC Release No. 20-143. dishNET requests an effective date of July 1, 2021.
TODAY, shall the Commission approve the requested tariff changes?
10. TC21-071 In the Matter of the Filing of Intrado Communications, LLC for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On June 29, 2021, the Commission received a filing by Intrado Communications, LLC (Intrado) for approval of revisions to its Access Services Tariff No. 2. The filing is made to revise certain switched access rates in compliance with the requirements of the Report and Order, FCC 20-143, on 8YY Access Charge Reform issued by the Federal Communications Commission in WC Docket No. 18-156. In addition to the revision of certain switched access rates, this filing is made to update certain verbiage in the tariff. Intrado requests an effective date of July 1, 2021.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?
11. TC21-072 In the Matter of the Filing of McLeodUSA Telecommunications Services, LLC for Approval of Revisions to Its Access Services Tariff No. 3 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On June 30, 2021, the Commission received a filing by McLeodUSA Telecommunications Services, LLC (McLeodUSA) for approval of revisions to its Access Services Tariff No. 3. The filing is made to revise certain switched access rates in compliance with the requirements of the Report and Order, FCC 20-143, on 8YY Access Charge Reform issued by the Federal Communications Commission in WC Docket No. 18-156. McLeodUSA requests an effective date of July 1, 2021. On July 6, 2021, McLeodUSA filed an amended Third Revised Sheet No. 70 to include some changes which had been inadvertently missed in the original filing.
TODAY, shall the Commission approve the proposed tariff revisions, including those changes filed on July 6, 2021, with an effective date of July 1, 2021?
12. TC21-073 In the Matter of the Filing of YMax Communications Corp. for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On June 30, 2021, the Commission received a filing by YMax Communications Corp. (YMax) for approval of revisions to its Access Services Tariff No. 2. The filing is made to revise certain switched access rates in compliance with the requirements of the Report and Order, FCC 20-143, on 8YY Access Charge Reform issued by the Federal Communications Commission in WC Docket No. 18-156. YMax requests a July 1, 2021, effective date.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?
13. TC21-074 In the Matter of the Filing of MCImetro Access Transmission Services Corp. dba Verizon Access Transmission Services for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On June 30, 2021, the Commission received a filing by MCImetro Access Transmission Services Corp. dba Verizon Access Transmission Services (Verizon Access) for approval of revisions to its Access Services Tariff No. 2. With this filing, Verizon Access changes its name from MCImetro Access Transmission Services Corp. d/b/a Verizon Access Transmission Services. Verizon Access states all terms, rates and conditions remain the same.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of August 1, 2021?
14. TC21-076 In the Matter of the Filing of Bandwidth.com CLEC, LLC for Approval of Revisions to Its South Dakota Tariff No. 1 (Staff Analyst: Eric Paulson, Staff Attorney: Amanda Reiss)
On June 30, 2021, the Commission received a filing by Bandwidth.com CLEC, LLC for approval of revisions to its South Dakota Tariff No. 1. This filing proposes the first step in implementing the 8YY Access Service reductions mandated in the Federal Communications Commission’s October 9, 2020, Report and Order in WC Docket No. 18-156, FCC Release No. 20-143. Bandwidth.com CLEC, LLC requests an effective date of July 1, 2021.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?
15. TC21-084 In the Matter of the Filing of Fusion Cloud Services, LLC’s for Approval of Revisions to Its South Dakota Tariff No. 1 (Staff Analyst: Eric Paulson, Staff Attorney: Kristen Edwards)
On July 6, 2021, the Commission received a filing by Fusion Cloud Services, LLC for approval of revisions to its South Dakota Tariff No. 1. This filing proposes the first step in implementing the 8YY Access Service reductions mandated in the Federal Communications Commission’s October 9, 2020, Report and Order in WC Docket No. 18-156, FCC Release No. 20-143. Fusion Cloud Services, LLC requests an effective date of July 1, 2021.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?
Electric
1. EL21-020 In the Matter of the Joint Request for an Electric Service Rights Exception between Northern Electric Cooperative, Inc. and Dakota Valley Electric Cooperative, Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On June 29, 2021, the Commission received a joint request for approval of service rights exception between Northern Electric Cooperative, Inc. and Dakota Valley Electric Cooperative Inc. The Agreement will allow Dakota Valley Electric Cooperative, Inc, to provide electric service in the assigned territory of Northern Electric Cooperative, Inc. Dakota Valley Electric Cooperative intends to provide single phase service by territory exception to a restored barn site.
TODAY, shall the Commission approve the requested service rights exception between Northern Electric Cooperative, Inc. and Dakota Valley Electric Cooperative Inc.?
Natural Gas
1. NG17-009 In the Matter of the Application of South Dakota Intrastate Pipeline Company for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On June 1, 2017, South Dakota Intrastate Pipeline Company (SDIP) filed with the Commission a Letter of Transmittal requesting authority to increase its natural gas rates. On June 22, 2017, Montana-Dakota Utilities Co. (MDU) filed a Petition to Intervene. On August 8, 2017, the Commission issued an Order Granting Motion for Commission Review and Making the Application Public. On March 2, 2018, the Commission issued an Order Granting Late Filed Intervention to Ring-neck Energy & Feed LLC dba Ring-neck Energy, LLC. On July 6, 2018, the Commission issued an Order Granting Motion for Approval of Settlement Stipulation. On October 31, 2019, the Commission issued an Order Granting Joint Motion for Approval of Amendment to Settlement Stipulation and Approving Tariff Sheets on Less Than 30 Days’ Notice; Order Approving Settlement Stipulation. On September 28, 2020, SDIP filed a Petition seeking treatment of possible Paycheck Protection Program loan forgiveness. On July 8, 2021, SDIP filed a Notice of Withdrawal of Petition.
TODAY, shall the Commission grant the request for Withdrawal of Petition?
2. NG21-004 In the Matter of the Filing by MidAmerican Energy Company for Removal of a Contract with Deviations with the University of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On July 1, 2021, MidAmerican Energy Company (MidAmerican) filed for approval to remove the Contract with Deviation for the University of South Dakota (USD). The contract between MidAmerican and USD was effective through June 30, 2021, and has now expired.
TODAY, shall the Commission approve the Tariff Revisions, effective August 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. Commissioners will attend the National Association of Regulatory Utility Commissioners’ Summer Policy Summit, July 18-21, 2021, at the Sheraton Denver Downtown Hotel, Denver, Colorado.
2. Commissioners will attend Heartland Consumers Power District’s Summer Conference, Tuesday, July 27, 2021, at the Best Western Plus Lakeview Hotel in Madison, South Dakota.
3. The next regular commission meeting will be Tuesday, August 3, 2021, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
4. A public input meeting for EL21-018 - In the Matter of the Application by North Bend Wind Project, LLC for a Permit to Construct and Operate the North Bend Wind Project in Hyde County and Hughes County, South Dakota will be held on Wednesday, August 11, 2021, at 6:30 p.m. CDT at the Capitol Lake Visitors Center, 650 E. Capitol Avenue, Pierre, South Dakota.
5. Commission meetings are scheduled for August 19 and 27, 2021.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
July 16, 2021
