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South Dakota Public Utilities Commission Meeting
August 15, 2023, 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 Monday, August 14, 2023, 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 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 Ad Hoc Commission Meeting Held on July 20, 2023, and the Commission Meeting Held on July 28, 2023 (Deputy Executive Director: Leah Mohr)
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 TC23-018, TC23-019, TC23-020, TC23-021, TC23-023, TC23-026, TC23-028, TC23-030, TC23-031, TC23-034 and TC23-037
TC23-018 In the Matter of the Request of James Valley Wireless, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399014 and 839099) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)
On June 21, 2023, the Commission received an application from James Valley Wireless, LLC (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 17, 2023, the Company responded to staff’s data request.
TC23-019 In the Matter of the Request of Northern Valley Communications, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 399017, 396340 and 839096) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)
On June 21, 2023, the Commission received an application from Northern Valley Communications, LLC (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 17, 2023, the Company responded to staff’s data request.
TC23-020 In the Matter of the Request of James Valley Cooperative Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391664 and 839095) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)
On June 21, 2023, the Commission received an application from James Valley 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 17, 2023, the Company responded to staff’s data request.
TC23-021 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, 391657 and 399024) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
On June 22, 2023, 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.
TC23-023 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: Adam de Hueck)
On June 23, 2023, the Commission received an application from 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 26, 2023, the Company responded to staff’s data request.
TC23-026 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 26, 2023, 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 June 27, 2023, the Company submitted a revised application. On August 2, 2023, the Company responded to staff’s data requests.
TC23-028 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 27, 2023, 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 20, 2023, the Company responded to staff’s data requests.
TC23-030 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 June 28, 2023, 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.
TC23-031 In the Matter of the Request of RC Technologies for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391674) (Staff Analyst: Eric Paulson; Commission Attorney: Adam de Hueck)
On June 28, 2023, the Commission received an application from RC Technologies (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 25, 2023, the Company responded to staff’s data request.
TC23-034 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 June 29, 2023, 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 27, 2023, the Company responded to staff’s data requests, and on July 31, 2023, the Company provided corrected responses to staff’s data requests.
TC23-037 In the Matter of the Request of Beresford Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391649) (Staff Analyst: Eric Paulson; Commission Attorney: Adam de Hueck)
On June 30, 2023, the Commission received an application from Beresford 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 27, 2023, 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. TC23-025 In the Matter of the Filing of MCImetro Access Transmission Services LLC dba Verizon Access Transmission Services for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Joseph Rezac, Staff Attorney: Amanda Reiss)
On June 26, 2023, the Commission received a filing by MCImetro Access Transmission Services Corp. dba Verizon Access Transmission Services for approval of revisions to its Access Service Tariff No 2. This filing proposes the final 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. MCImetro Access Transmission Services Corp. dba Verizon Access Transmission Services requests an effective date of July 18, 2023.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 18, 2023?
3. TC23-039 In the Matter of the Filing by Clarity Telecom, LLC dba Bluepeak Fiber for Approval of Revisions to Bluepeak Fiber fka Knology of the Plains’ South Dakota Access Tariff No. 3 and Bluepeak Fiber fka Knology of the Black Hills, LLC’s South Dakota Access Services Tariff No. 2 (Staff Analyst: Patrick Steffensen, Staff Attorney: Amanda Reiss)
On July 10, 2023, the Commission received a filing by Clarity Telecom, LLC dba Bluepeak Fiber for approval of revisions to its Bluepeak Fiber fka Knology of the Plains’ South Dakota Access Tariff No 3 and Bluepeak Fiber fka Knology of the Black Hills, LLC’s South Dakota Access Service Tariff No.2. This filing proposes the revisions required 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. On July 20, 2023, Clarity Telecom, LLC dba Bluepeak Fiber filed revised tariff pages. Clarity Telecom, LLC dba Bluepeak Fiber requests an effective date of July 1, 2023.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2023?
4. TC23-040 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: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On July 11, 2023, the Commission received a filing by ATV Holdings, LLC dba Mitchell Telecom for approval of revisions to its Switched Access Services Tariff No. 1. This filing proposes the revisions required 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. ATV Holdings, LLC dba Mitchell Telecom requests an effective date of July 1, 2023.
TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2023?
Complaint
1. CT20-001 In the Matter of the Complaint of Venture Communications Cooperative against New Cingular Wireless PCS, LLC AT&T Mobility (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
On May 13, 2020, Venture Communications Cooperative (Venture) filed a complaint against AT&T Mobility (Mobility) for failing to pay for local interconnection facilities ordered by Mobility in Access Service Requests (ASRs) at the rates set forth in Venture’s price list. On June 16, 2020, Mobility filed an answer and counterclaim. On July 2, 2020, Venture filed a Reply to Counterclaim. On August 7, 2020, the Commission issued an Order Granting Motion for Adoption of Procedural Schedule; Order Adopting Procedural Schedule; Order Requiring Prefiled Testimony. On March 18, 2021, the Commission issued an Order Granting Motion for Revised Procedural Schedule; Order Adopting Revised Procedural Schedule. On September 1, 2021, the Commission issued an Order Cancelling Evidentiary Hearing. On November 24, 2021, the Commission issued an Order Denying Motion to Set Hearing Date; Order Denying Testimony by Electronic Means. On December 27, 2022, The Commission issued an Order Denying Motion to Dismiss: Order Denying Motion to Amend Complaint. On March 13, 2023, the Commission issued an Order for and Notice of Evidentiary Hearing. An evidentiary hearing was held on April 13-14, 2023. On April 21, 2023, the Commission issued an Order Setting Post-Hearing Briefing Schedule. On May 22, 2023, Venture filed its Post-Hearing Brief. On June 12, 2023, Mobility filed its Post-Hearing Brief. On June 27, 2023, Venture filed its Reply to Mobility’s Post-Hearing Brief.
TODAY, shall the Commission find AT&T Mobility failed to pay for local interconnection facilities ordered by AT&T Mobility in Access Service Requests at the rate set forth in Venture’s price list? And shall the Commission grant Venture’s prayer for relief and order AT&T Mobility pay all unpaid interconnection charges and late payment charges thereon, order pre-judgement and post-judgement interest on all unpaid balances, order that AT&T Mobility pay Venture’s costs and expenses, and order other and further relief as the Commission deems just? And shall the Commission find that Venture improperly billed AT&T Mobility for DS1 services under its pricing catalog? And shall the Commission grant AT&T Mobility’s prayer for relief and refund the amounts paid by AT&T Mobility, order pre-judgement and post-judgement interest for all claim amounts, order that Venture pay AT&T Mobility’s costs and expenses including attorney’s fees, and order other and further relief as the Commission deems appropriate? Or how shall the Commission proceed?
Electric
1. EL23-015 In the Matter of Otter Tail Power Company’s Petition for Approval of Rate Schedule, Section 13.09, Phase-In Rider (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
On June 1, 2023, the Commission received a petition by Otter Tail Power Company (Otter Tail) for approval of its annual update to its Phase-in Rate Plan Rider. Otter Tail makes this filing pursuant to SDCL 49-34A-73 through 49-34A-78. In this filing, Otter Tail proposes to adjust the Phase-in Rate Plan Rider Rate to reflect the applicable rider revenue requirements for the next recovery period (September 2023 – August 2024), to recover actual and forecasted costs for the Astoria Station Natural Gas Plant project, Merricourt Wind Project, the Ashtabula III Wind Farm Purchase, forecasted net benefits associated with additional load in the Lake Norden area, and net savings associated with Otter Tail’s retirement of its Hoot Lake Plant. The filing also includes updates to Otter Tail’s Advanced Grid Infrastructure per meter charge rider. No new projects are included in this filing. Otter Tail states a typical residential electric customer using an average of 1,000 kWh per month would see a decrease of $0.74 per month. A Large General Service customer using 486 kW and 222,350 kWh per month would see a decrease of $33.15. Otter Tail proposes an effective date of September 1, 2023. On July 31, 2023, Otter Tail submitted a Supplemental Filing including updates to more recent actual costs and forecasts for all projects and corrected the capacity factor for the Merricourt Wind Project. With these changes, Otter Tail states a typical residential electric customer using an average of 1,000 kWh per month will see a decrease of $3.29 per month from current rates. A Large General Service customer using 486 kW and 222,350 kWh per month will see a decrease of $385.49 per month from current rates.
TODAY, shall the Commission approve Otter Tail Power Company’s Phase-In Rider Rates and revised tariff sheets with an effective date of September 1, 2023?
Natural Gas
1. NG23-013 In the Matter of the Filing by MidAmerican Energy Company for Approval of Its 2022 Economic Development Activities and 2023 Proposed Budget (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
On July 5, 2023, MidAmerican Energy Company (MidAmerican) filed its 2022 Economic Development Activities and Proposed 2023 Budget for Commission approval. The filing included MidAmerican’s report on 2022 economic development activities, actual expenses for 2022, and the planned budget for 2023.
TODAY, shall the Commission approve MidAmerican Energy Company’s 2022 Economic Development Activities and 2023 Proposed Budget?
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 20-22, 2023, at The Lodge at Deadwood, Deadwood, South Dakota.
2. The evidentiary hearing for docket HP22-002 - In the Matter of the Application of Navigator Heartland Greenway, LLC for a Permit Under The South Dakota Energy Conversion and Transmission Facilities Act to Construct the Heartland Greenway Pipeline in South Dakota will reconvene at 9:00 a.m. CDT, Thursday, August 24, 2023, in Room 414 of the State Capitol Building, Pierre, South Dakota.
3. The next regular commission meeting will be Tuesday, August 29, 2023, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.
4. Commissioners and staff will hold a regional transmission discussion Wednesday, August 30, 2023, at 10:30 a.m. CDT in the Commission’s Conference Room in the State Capitol Building, Pierre, South Dakota.
5. Commissioners and staff will meet with consumers at the South Dakota State Fair August 31 – September 4, 2023, in Huron, South Dakota.
6. The PUC office will be closed Monday, September 4, 2023, in observance of Labor Day.
7. Commission meetings are scheduled for September 6 and 28, 2023.
/s/ Cindy Kemnitz .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
August 8, 2023
