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South Dakota Public Utilities Commission Meeting
August 19, 2021, at 9:30 A.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 5:00 p.m. CDT on Wednesday, August 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 Meetings Held on July 22 and August 3, 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 TC21-055, TC21-056, TC21-060, TC21-064, TC21-069, TC21-070, TC21-075, TC21-077, TC21-080, TC21-082
TC21-055 In the Matter of the Request of City of Brookings Municipal Telephone for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391650) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
On June 24, 2021, the Commission received an application from Brookings Municipal Telephone (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 27, 2021, the Company responded to staff’s data request.
TC21-056 In the Matter of the Request of Brookings Municipal Utilities dba Swiftel Communications for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399009) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
On June 24, 2021, the Commission received an application from Brookings Municipal Utilities dba Swiftel Communications (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 27, 2021, the Company responded to staff’s data request.
TC21-060 In the Matter of the Request of Venture Communications Cooperative for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391680) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
On June 24, 2021, the Commission received an application from Venture Communications Cooperative (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 14 and 22, 2021, the Company responded to staff’s data requests.
TC21-064 In the Matter of the Request of Golden West Telecommunications Cooperative, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: Armour-391640, Golden West Telecom-391659, Kadoka-391667, Sioux Valley-391677, Union-391684, Vivian-391686) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
On June 25, 2021, the Commission received an application from Golden West Telecommunications 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 August 2, 2021, the Company responded to staff’s data request.
TC21-069 In the Matter of the Request of Cheyenne River Sioux Tribe Telephone Authority for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391647) (Staff Analyst: Eric Paulson; Commission Attorney: Adam de Hueck)
On June 29, 2021, the Commission received an application from Cheyenne River Sioux Tribe Telephone Authority (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.
TC21-070 In the Matter of the Request of Midcontinent Communications for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399005) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
On June 29, 2021, the Commission received an application from Midcontinent Communications (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€ and should receive all federal universal service support determined for distribution to the Company. On July 21, 2021, the Company responded to staff’s data requests.
TC21-075 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: Eric Paulson; Commission Attorney: Karen Cremer)
On June 30, 2021, the Commission received an application from 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 16, 2021, the Company responded to staff’s data requests.
TC21-077 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: Joseph Rezac; Commission Attorney: Adam de Hueck)
On June 30, 2021, 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 August 4, 2021, the Company responded to staff’s data request.
TC21-080 In the Matter of the Request of West River Cooperative Telephone Company Certification Regarding Its Use of Federal Universal Service Support (Study Area 391689) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
On July 1, 2021, the Commission received an application from West River Cooperative 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 30, 2021, the Company responded to staff’s data requests.
TC21-082 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: Joseph Rezac; Commission Attorney: Adam de Hueck)
On July 1, 2021, 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 August 2, 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. TC21-001 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 (SDTA) filed a Petition to Intervene. On February 22, 2021, the Commission issued an Order Granting Intervention to SDTA. On August 12, 2021, SDTA and LTD Broadband, LLC filed a Stipulation for Protective Order for Confidentiality.
TODAY, shall the Commission approve the Stipulation for Protective Order for Confidentiality?
3. TC21-078 In the Matter of the Filing of Broadvox-CLEC, LLC for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On July 1, 2021, the Commission received a filing by Broadvox-CLEC, LLC (Broadvox) for approval of revisions to its Access Services Tariff No. 1. The purpose of this filing is to bring Broadvox’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. Broadvox requests an effective date of July 1, 2021. On July 28, 2021, Broadvox filed a revised tariff page.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?
4. TC21-083 In the Matter of the Filing of Granite Telecommunications, LLC for Approval of Revisions to Its Access Services Tariff No. 3 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On July 2, 2021, the Commission received a filing by Granite Telecommunications, LLC (Granite) for approval of revisions to its Access Services Tariff No. 3. The purpose of this filing is to bring Granite’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. Granite requests an effective date of July 1, 2021. On August 5, 2021, Granite filed a revised tariff page.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?
5. TC21-090 In the Matter of the Approval of an Unbundled Network Elements (UNEs) – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Intrado Communications, LLC for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
On July 9, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Intrado Communications, LLC. The amendment incorporates forbearance orders FCC 19-66 and FCC 19-72, which were released by the Federal Communications Commission in 2019.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
6. TC21-092 In the Matter of the Filing of Midcontinent Communications for Approval of Revisions to Its Access Services Tariff (Staff Analyst: Eric Paulson, Staff Attorney: Amanda Reiss)
On July 9, 2021, the Commission received a filing by Midcontinent Communications (Midcontinent) for approval of revisions to its Access Services 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. Midcontinent requests an effective date of July 31, 2021. On July 13, 2021, Midcontinent filed redlined tariff pages.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 31, 2021?
7. TC21-095 In the Matter of the Filing of Midstate Communications, Inc. for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On July 14, 2021, the Commission received a filing by Midstate Communications, Inc. - CLEC (Midstate) for approval of revisions to its Access Services Tariff No. 2. The purpose of this filing is to bring Midstate’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. Midstate requests an effective date of July 1, 2021. On July 28, 2021, Midstate filed revised tariff pages.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?
8. TC21-096 In the Matter of the Filing of ATV Holdings, LLC dba Mitchell Telecom for Approval of Revisions to Its Switched Access Tariff No. 1 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
On July 15, 2021, the Commission received a filing by ATV Holdings, LLC dba Mitchell Telecom (Mitchell Telecom) for approval of revisions to its Switched Access Tariff No. 1. The purpose of this filing is to bring Mitchell Telecom’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. Mitchell Telecom requests an effective date of July 1, 2021. On July 27, 2021, Mitchell Telecom filed revised tariff pages.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?
9. TC21-101 In the Matter of the Approval of an Unbundled Network Elements (UNEs) – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and QuantumShift Communications, Inc. dba vCom Solutions for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On July 27, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and QuantumShift Communications, Inc. dba vCom Solutions. The amendment incorporates forbearance orders FCC 19-66 and FCC 19-72, which were released by the Federal Communications Commission in 2019.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
10. TC21-103 In the Matter of the Approval of an Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Airus, Inc. fka IntelePeer, Inc. for the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
On July 29, 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 Airus, Inc. fka IntelePeer, Inc.
TODAY, shall the Commission approve the amendment to the Interconnection Agreement?
Electric
1. EL19-003 In the Matter of the Application by Crowned Ridge Wind, LLC for a Permit of a Wind Energy Facility in Grant and Codington Counties (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)
On January 30, 2019, Crowned Ridge Wind, LLC (Crowned Ridge or Applicant) filed an application for a permit to construct a wind energy conversion facility to be located in Grant County and Codington County, South Dakota (Project). On July 26, 2019, the Commission issued a Final Decision and Order Granting Permit to Construct Facility; Notice of Entry (Permit). On January 9, 2020, the Commission issued an Order Granting Temporary Waiver that approved Crowned Ridge to operate temporarily without low noise trailing edge (LNTE) blade attachments installed on all turbine blades subject to the curtailment of certain turbines and Crowned Ridge conducting post construction noise compliance testing in accordance with Condition 26 of the Permit. On January 15, 2021, Crowned Ridge filed its Sound Level Compliance Evaluation Report. On March 18, 2021, Crowned Ridge filed a Motion for Approval of Mitigation Plan in order to verify compliance with Condition 26 of the Permit. On April 9, 2021, the Commission issued an Order Approving Mitigation Plan. On July 29, 2021, Intervenor Amber Christenson filed a Motion to Amend Mitigation Plan of the Sound Study Protocol of Crowned Ridge Wind, LLC, Fall 2021 (Motion) that requests the Commission add her residence to the Fall 2021 sound study and require turbines associated with Crowned Ridge Wind II, LLC, be turned off for the on/off tests. Crowned Ridge filed its answer to the Motion on August 3, 2021, and staff filed its response to the Motion on August 9, 2021.
TODAY, shall the Commission grant the Motion to Amend Mitigation Plan of the Sound Study Protocol of Crowned Ridge Wind, LLC, Fall 2021? OR how shall the Commission proceed?
2. EL21-022 In the Matter of the Request for a Declaratory Ruling Regarding the Electric Service Territory Boundary Between Clay-Union Electric, Inc. and the City of Vermillion
On July 13, 2021, the Commission received a Petition for a Declaratory Ruling from Clay-Union Electric (Petitioner) requesting the Commission issue a declaratory ruling indicating that 15 streetlights within the service territory of Clay-Union along the Highway 50 by-pass to the City of Vermillion, South Dakota, are not public service facilities pursuant to SDCL 49-34A-57. On July 29, 2021, the City of Vermillion filed public comments. On July 30, 2021, the South Dakota Rural Electric Association filed public comments. On August 6, 2021, the South Dakota Municipal Electric Association filed public comments.
TODAY, shall the Commission request from petitioner further information? OR shall the Commission issue its declaratory ruling? OR how shall the Commission proceed?
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 and staff will attend the South Dakota Telecommunications Association’s Annual Conference, August 22-24, 2021, at The Lodge at Deadwood, Deadwood, South Dakota.
2. The next regular commission meeting will be Friday, August 27, 2021, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
3. Commissioners will attend The Center for Public Utilities’ Current Issues Conference, August 29 – September 1, 2021, at the Eldorado Hotel, Santa Fe, New Mexico.
4. Commissioners and staff will meet with consumers at the South Dakota State Fair, September 2-6, 2021, in Huron, South Dakota.
5. The PUC office will be closed Monday, September 6, 2021, in observance of the Labor Day holiday.
6. Commission meetings are scheduled for September 14 and 28, 2021.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
August 13, 2021
