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South Dakota Public Utilities Commission Meeting
Thursday, July 28, 2005, at 9:30 A.M.
State Capitol Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Gary Hanson called the meeting to order. Also present were Vice Chairman Bob Sahr; Commissioner Dustin Johnson; Executive Director Pamela Bonrud; Deputy Executive Director Heather Forney; Commission Attorneys John Smith and Rolayne Ailts Wiest; Commission Advisor Greg Rislov; Staff Attorneys Sara Greff and Karen Cremer; Staff Analysts Dave Jacobson, Steve Wegman, Michele Farris, Deb Gregg, Jim Mehlhaff, Bob Knadle and Keith Senger; and Administrative Secretary Tina Douglas.
Also present were Bob Riter, Riter, Rogers, Wattier & Brown representing Venture Communications Cooperative, Inc. and Local Exchange Carriers Association; Tom Maher, Maher & Arendt, representing Pierre Radio Paging & Telephone; Eldon Lindquist, Pierre Radio Paging & Telephone; and Richard Coit, South Dakota Telecommunications Association.
Joining the meeting by telephone were Colleen Sevold and Melissa Thompson, Qwest Corporation; Tami Krisman and Melaine Acord, MidAmerican Energy; Marlene Bennett, Martin Group; Ron Spangler, Rick Johnson, Kevin Kouba and Wayne Mueller, Otter Tail Power Co.; Doug Eidahl, Vantage Point; Jeff Decker, NorthWestern Energy; Jim Wilcox, Xcel Energy; Linda Walsh, Hunton & Williams, representing Superior Renewable Energy LLC; and Randy Houdek, Venture Communications.
Administration
1. Approval of the Minutes of the Commission Meeting Held on June 28, 2005. (Staff: Tina Douglas.)
Commissioner Johnson moved to approve the Minutes of the Commission Meetings held on June 28, 2005. Commissioner Sahr seconded and Chairman Hanson concurred. Motion passed 3-0.
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Deb Gregg reported that the Commission had received a total of 1,010 consumer contacts during 2005. Since the last report was prepared for the July 12, 2005, Commission meeting, 99 of these contacts had been received; 43 contacts involved telecommunications services; 17 contacts involved electricity issues; 9 contacts involved natural gas issues; 3 contacts involved gas and electric services; 12 contacts involved cellular phone issues; 3 contacts involved the Do Not Call registry; and 12 contacts involved miscellaneous services not regulated by the PUC. In 2004, 2,126 of the 2370 complaints registered have been resolved informally and in 2005, 831 of the 1,010 complaints registered have been resolved informally .
Complaints
See Transcript of July 28, 2005, 9:30 a.m. Commission Meeting
Chairman Hanson moved to defer CT05-004. Commissioner Johnson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Electricity
Linda Walsh, representing Superior Renewable Energy LLC, stated Superior Renewable Energy LLC filed a Motion for Continuance, and are continuing discussions regarding reaching a settlement; in this docket and are asking for the continuance to enable the parties to work toward reaching a settlement.
Commissioner Johnson moved to grant Superior Renewable Energy LLC's Motion for Continuance. Commissioner Sahr seconded and Chairman Hanson concurred. Motion passed 3-0.
Jeff Decker, NorthWestern Energy, stated that all parties are in agreement regarding this service rights exception. Michele Farris stated that NorthWestern Energy (NorthWestern) and Douglas Electric Cooperative (Douglas) filed a Joint Request for an Electric Service Territory Exception (service rights exception). Calvin Baier is constructing a new home in Douglas' service territory. The nearest facilities are located approximately 1.5 miles away resulting in a cost to the customer for aid to construction. NorthWestern has facilities closer to the new home and the customer is requesting to be served by them. All parties are in agreement to the service rights exception for the Calvin Baier home and believe the exception will promote the efficient and economical use of their respective electric systems. Ms. Farris believes that the service rights exception is in the public interest and recommended the Commission approve the request for an Electric Service Territory exception for the property as stated in the petition.
Chairman Hanson moved to grant the Electric Service Rights Exception between NorthWestern Corporation d/b/a NorthWestern Energy and Douglas Electric Cooperative, Inc. in EL05-020. Commissioner Sahr seconded and Commissioner Johnson concurred. Motion passed 3-0.
Jim Wilcox, Xcel Energy, stated that all the parties have agreed to the Exception to Service on Assigned Areas. Michele Farris stated that Xcel Energy (Xcel) and Central Electric Cooperative, Inc. (Central) filed a Joint Request for an Electric Service Territory Exception (service rights exception). Paul's Precision Parts is requesting three phase service for a small commercial business for a new structure near Emery, SD. The structure is located in Central's service territory. The nearest three phase facilities are located approximately 2.5 miles away resulting in a cost to the customer for aid to construction. Xcel has facilities closer to the new structure and the customer is requesting to be served by them. All parties are in agreement to the service rights exception for the new structure for Paul's Precision Parts and believe the exception will promote the efficient and economical use of their respective electric systems. Ms. Farris believes that the service rights exception is in the public interest and recommended the Commission approve the request for an Electric Service Territory exception for the property as stated in the petition.
Chairman Hanson moved to grant the Electric Service Rights Exception between Central Electric Cooperative, Inc. and Xcel Energy in EL05-021. Commissioner Sahr seconded and Commissioner Johnson concurred. Motion passed 3-0.
Natural Gas
Melaine Acord, MidAmerican Energy, stated that MidAmerican Energy is asking for approval of Interruptible Monthly Metered Transportation Gas Pilot Service which has been requested by customer(s). This service is similar to the Monthly Metered Transportation Gas Pilot (MMTGP) approved in docket NG04-003. The MMTGP approved in NG04-003 is available to Schools and other Governmental Entities that have similar weather sensitive load profiles that can be forecasted with reasonable certainty. The entities can be consolidated into a Pool which is represented by a Pool Operator which is responsible for contracting for and causing the delivery of gas for Pool participants. The proposed new service would allow the Pool operator to utilize interruptible gas supplies as opposed to firm supply. Dave Jacobson stated that MidAmerican Energy has made several changes to the tariff which were requested by staff, and he recommended approval of the tariff revisions.
Commissioner Johnson moved to grant the tariff revisions in NG05-005. Chairman Hanson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Telecommunications
Harlan Best, stated New Rochelle Telephone Corp. (New Rochelle) Telephone Corp. filed an application for a Certificate of Authority to provide interexchange and local telecommunications services in South Dakota. New Rochelle did not respond to staff's data requests. New Rochelle contacted Mr. Best and requested that its application be withdrawn at this time. Mr. Best recommended granting the withdrawal of New Rochelle's application.
Chairman Hanson moved to grant the withdrawal of New Rochelle Telephone Corp.'s application. Commissioner Sahr seconded and Commissioner Johnson concurred. Motion passed 3-0.
2. In the Matter of Approving Agreements in TC05-024 and TC05-033.
Sara Greff stated that the Interconnection Agreements should be denied because these companies do not have a Certificate of Authority in South Dakota and have no intention of getting one at this time. Ms. Greff recommended denying the Interconnection Agreements.
Commissioner Johnson moved to deny the Interconnection Agreements in TC05-024 and TC05-033. Commissioner Sahr seconded and Chairman Hanson concurred. Motion passed 3-0.
3. In the Matter of Approving Amendments to the Agreements in TC05-038 and TC05-039
Sara Greff stated that the Amendments to the Interconnection Agreements should be denied because these companies do not have Certificate of Authority in South Dakota and have no intention of getting one at this time. Ms. Greff also stated these companies have no valid interconnection agreements in place. Ms. Greff recommended denying the Amendments to the Interconnection Agreements.
Commissioner Johnson moved to deny the Amendments to the Interconnection Agreements in TC05-038 and TC05-039. Commissioner Sahr seconded and Chairman Hanson concurred. Motion passed 3-0.
4. In the Matter of Approving Amendments to the Agreements in TC05-088 and TC05-089.
Sara Greff stated that the Amendments to the Agreements have been properly filed, have
been properly executed and do not appear to contain discriminatory provisions, no comments were filed, and recommended approval of the Amendments.
Commissioner Sahr moved to approve the Amendments to the Agreements in TC05-088 and TC05-089. Commissioner Johnson seconded and Chairman Hanson concurred. Motion passed 3-0.
5. In the Matter of Establishing a Switched Access Revenue Requirement in TC05-083, TC05-087, TC05-090, TC05-091, TC05-092, TC05-093, TC05-094, TC05-095, TC05-097, TC05-098, and TC05-099.
Heather Forney stated that under the administrative rules the Commission can assess a filing fee not to exceed $100,000.00. Ms. Forney recommended that dockets TC05-083, TC05-087, TC05-090, TC05-091, TC05-092, TC05-093, TC05-094, TC05-095, TC05-097, TC05-098, and TC05-099 be assessed a filing fee not to exceed $100,000.00 with an initial deposit of $1,000.00.
Chairman Hanson moved to assess a filing fee not to exceed $100,000.00 with an initial deposit of $1,000.00 in TC05-083, TC05-087, TC05-090, TC05-091, TC05-092, TC05-093, TC05-094, TC05-095, TC05-097, TC05-098, and TC05-099. Commissioner Sahr seconded and Commissioner Johnson concurred. Motion passed 3-0.
Karen Cremer stated that under the administrative rules the Commission can assess a filing fee not to exceed $100,000.00. The rates will not be determined until action has been taken on Docket TC05-073. Ms. Cremer recommended that the Commission assess a filing fee not to exceed $100,000.00 with an initial deposit of $1,000.00 and grant the 120 days suspension of the operation of the tariff. Bob Riter, representing Local Exchange Carriers Association (LECA), stated that LECA files a cost study every year.
Commissioner Hanson moved that the Commission go into Executive Session. Commissioner Johnson seconded and Chairman Hanson concurred. Motion passed 3-0.
Chairman Hanson moved that the Commission proceed with the meeting. Commissioner Sahr seconded and Commissioner Johnson concurred. Motion passed 3-0.
Chairman Hanson moved to assess a filing fee not to exceed $100,000.00 with an initial deposit of $1,000.00 in TC05-096 and to suspend the operation of the tariff for 120 days beyond the proposed effective date of the rate. Commissioner Sahr seconded and Commissioner Johnson concurred. Motion passed 3-0.
Administration
1. Review of Implementation of FCC Requirements for 811. (Staff Attorney: Sara Greff)
Sara Greff stated on July 20, 2005, staff filed a memo requesting that the Commission open a docket or conduct some other type of proceeding regarding the Implementation of 811. The Federal Communications Commission (FCC) has issued a report and order regarding the designation and implementation of 811 as a National Abbreviated Dialing Code for One Call Notification. Sara Greff recommended that the Commission open a docket so comments can be filed.
Chairman Hanson moved that the Commission open a docket to solicit comments concerning issues related to implementation in the state of South Dakota of 811 as the Universal One Call Number and particularly whether interested parties, including the One Call Board and carriers believe that new rules are needed or whether the Commission should simply address issues involving particular carriers as they arise. Commissioner Sahr seconded and Commissioner Johnson concurred. Motion passed 3-0.
ADDENDUM TO THE AGENDA OF THE COMMISSION MEETING
Consumer Issues
Ron Spangler, Otter Tail Power Company, stated that the Minnesota PUC had sent a report but the report contained inconsistencies. He had another meeting with the Minnesota PUC on July 22, 2005, and provided new information to them so the report could be accurate. Otter Tail Power Company is asking for a third request for a 20-day extension to respond to the complaint. Jim Mehlhaff stated that the issue is very complicated. He stated the Minnesota PUC indicated that this issue may go on for sometime and stated that is was not fair to Mr. Fliss to have to wait. Mr. Mehlhaff recommended moving forward regarding this complaint. Sara Greff recommended that the request not be granted.
Commissioner Sahr moved that the extension be granted for an additional 20 days but that the answer to this complaint must be filed with PUC by August 10, 2005. Chairman Hanson seconded and Commissioner Johnson concurred.
Meeting adjourned.
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Tina Douglas
Administrative Secretary
