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South Dakota Public Utilities Commission Meeting
August 18, 2022, 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 17, 2022, 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 19 and August 2, 2022 (Staff: Janeth Merriman)
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 TC22-028, TC22-044 and TC22-045
TC22-028 In the Matter of the Request of Valley Telecommunications Cooperative Association, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391685) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)
On June 27, 2022, the Commission received an application from Valley Telecommunications Cooperative Association, 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.
TC22-044 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: Joseph Rezac; Commission Attorney: Karen Cremer)
On July 1, 2022, 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 27, 2022, the Company responded to staff’s data request.
TC22-045 In the Matter of the Request of Clarity Telecom, LLC dba Bluepeak Fiber 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 July 1, 2022, the Commission received an application from Clarity Telecom, LLC dba Bluepeak Fiber. (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, 2022, the Company responded to staff’s data request.
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. TC22-036 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 Greenfly Networks, Inc. dba Clearfly Communications for the State of South Dakota (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On June 29, 2022, 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 Greenfly Networks, Inc. dba Clearfly Communications. The amendment incorporates FCC 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?.
3. TC22-037 In the Matter of the Approval of a FCC Modernizing Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Greenfly Networks, Inc. dba Clearfly Communications for the State of South Dakota (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On June 29, 2022, 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 Greenfly Networks, Inc. dba Clearfly Communications.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
4. TC22-046 In the Matter of the Filing by Teleport Communications America LLC for Approval of Revisions to Its Access Services Tariff (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On July 5, 2022, the Commission received a filing by Teleport Communications America LLC (Teleport) for approval of revisions to its Access Services Tariff. This filing brings Teleport’s tariff into compliance with 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. Teleport requests an effective date of August 2, 2022. On July 27, 2022, Teleport filed a revised tariff page.
TODAY, shall the Commission approve the requested tariff changes with an effective date of August 2, 2022?
5. TC22-048 In the Matter of the Filing of Midcontinent Communications for Approval of Revisions to Its Switched Access Tariff (Staff Analyst: Patrick Steffensen, Staff Attorney: Amanda Reiss)
On July 18, 2022, the Commission received a filing by Midcontinent Communications (Midcontinent) for approval of revisions to its Switched Access Tariff. This filing proposes the second 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 August 2, 2022.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of August 2, 2022
6. TC22-049 In the Matter of the Filing by Clarity Telecom, LLC dba Bluepeak Fiber for Approval of Revisions to Vast Broadband fka Knology of the Plains’ South Dakota Access Tariff No. 3 and Vast Broadband fka Knology of the Black Hills, LLC’s South Dakota Access Services Tariff No. 2 (Staff Analyst: Joseph Rezac, Staff Attorney: Kristen Edwards)
On July 25, 2022, the Commission received a filing by Clarity Telecom, LLC dba Vast Broadband for approval of revisions to its Vast Broadband fka Knology of the Plains’ South Dakota Access Tariff No 3 and Vast Broadband fka Knology of the Black Hills, LLC’s South Dakota Access Service Tariff No.2. 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. Clarity Telecom, LLC dba Vast Broadband requests an effective date of July 1, 2022.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2022?
Gas and Electric
1. GE20-002 In the Matter of Investor-Owned Utilities’ Joint Request for Deferred Treatment of the Financial Effects of COVID-19 and the Creation of Regulatory Assets (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson; Staff Attorney: Kristen Edwards)
On May 1, 2020, the Commission received a Joint Request for Deferred Treatment of the Financial Effects of COVID-19 and the Creation of Regulatory Assets from Northern States Power Company dba Xcel Energy (Xcel), MidAmerican Energy Company (MidAmerican), NorthWestern Energy (NorthWestern), Otter Tail Power Company (Otter Tail), and Montana-Dakota Utilities Company, a Division of MDU Resources Group (Montana-Dakota) (collectively, Petitioners). Petitioners requested approval for deferred accounting treatment to allow for the recognition of the costs associated with the response to COVID-19 as a regulatory asset beginning from the date the emergency was declared, March 13, 2020. On August 19, 2020, the Commission issued an Order Granting Joint Request for Deferred Accounting Treatment of the Financial Effects of COVID-19 and Creation of Regulatory Assets. As part of this order, the Petitioners were required to provide quarterly reporting of the known and estimated increases and decreases to costs and revenues that the Petitioners plan to include or have included in their regulatory assets as well as additional detailed information regarding bad debt. On August 27, 2021, the Commission issued an Order Granting Requests to Withdraw and Cease Quarterly Reporting for MidAmerican, Montana-Dakota, and NorthWestern. On June 9, 2022, the Commission issued an Order Granting Request to Withdraw and Cease Quarterly Reporting for Otter Tail. On July 28, 2022, the Commission received a letter from Xcel requesting to formally withdraw its request for deferred accounting of COVID-19 pandemic-related expenses, excepting bad debt, for electric service as currently tracked and reported along with cost offsets, disconnection activity and bill payment arrearages resulting from the effects of COVID-19 in this docket. Xcel states its application to increase rates for electric service in docket EL22-017 includes a proposed adjustment regarding amortization of the excess bad debt incurred, which is currently pending with the Commission for consideration. Accordingly, Xcel requests to withdraw from the docket and discontinue its submission of quarterly reports.
TODAY, shall the Commission grant the request of Xcel Energy to withdraw from the docket and cease quarterly reporting requirements? AND shall the Commission close the docket?
2. GE22-001 In the Matter of the Filing by MidAmerican Energy Company for Approval of a Revised Customer Information Welcome Booklet (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
On April 19, 2022, the Commission received a filing from MidAmerican Energy Company (MidAmerican) for approval of a revised Customer Information Welcome Booklet. Pursuant to ARSD 20:10:16:02, the Customer Information Welcome Booklet shall be submitted to the Commission for approval. MidAmerican requests an effective date of May 31, 2022. On August 4, 2022, MidAmerican filed Responses to Commissioner Questions and a Revised Exhibit A – Customer Information Welcome Brochure.
TODAY, shall the Commission approve the proposed revisions to MidAmerican Energy Company’s Customer Information Welcome Booklet?
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 Tuesday, August 30, 2022, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
2. Commissioners and staff will meet with consumers at the South Dakota State Fair, September 1-5, 2022, in Huron, South Dakota.
3. The PUC office will be closed Monday, September 5, 2022, in observance of Labor Day.
4. Commissioners will attend the East River Electric Power Cooperative annual meeting, Wednesday, September 7, 2022, at the Ramkota Hotel in Sioux Falls, South Dakota.
5. Commission meetings are scheduled for September 13 and 27, 2022.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
August 11, 2022
