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South Dakota Public Utilities Commission Meeting
September 14, 2010, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Vice Chairman Steve Kolbeck called the meeting to Order. Present were: Commissioner Gary Hanson; Commission Attorneys John Smith and Rolayne Wiest; Commission Advisor Greg Rislov; Staff Attorneys Karen Cremer, Kara Semmler, and Ryan Soye; Staff Analysts Dave Jacobson, Jon Thurber, Terri LaBrie Baker and Brittany Mehlhaff; Consumer Affairs Supervisor Deb Gregg; and Administrative Secretary Demaris Axthelm.
Also present were: Ryan Taylor, Cutler & Donahoe, representing Midstate Communications, Inc. and Midstate Telecom, Inc.; Mr. Mark Benton, Midstate Communications, Inc. and Midstate Telecom, Inc.; and Margo Northrup, Riter, Rogers, Wattier & Northrup, representing Roberts County Telephone Cooperative Association and RC Communications, Inc. and Tri-County Telecom, Inc.
Joining the meeting by telephone were: Chairman Dusty Johnson; Jim Parker and Melanie Acord, MidAmerican Energy Company; Ron Spangler and Bruce Gerhardson, Otter Tail Power Company, Scott Bostrom and Robyn Thoreson, Roberts County Telephone Cooperative and RC Communications, Inc.; Tim Ecklund, Consortia Consulting, representing Roberts County Telephone Cooperative and RC Communications, Inc.; James Cremer, Bantz Gosch & Cremer LLC, representing James Valley Cooperative Telephone Company, James Valley Wireless, LLC, and Northern Valley Communications, LLC; James Groft, James Valley Cooperative Telephone Company, James Valley Wireless, LLC, and Northern Valley Communications, LLC; Bryan Roth, Tri County Telecom, Inc.; Wayne Johnson, Qwest Corporation; Mr. Talbot Wieczorek, Gunderson, Palmer, Goodsell & Nelson, representing RCC Minnesota, Inc.; and Linda Stevens, Beth Kohler and Steve Otto, Verizon Wireless.
(NOTE: For the purpose of continuity, these minutes are not necessarily in chronological order.)
Administration
1. Approval of the Minutes of the Commission Meetings Held on August 10, 2010, and August 25, 2010. (Staff: Stephanie Harmon)
Chairman Johnson moved to approve the Minutes of the Commission Meetings held on August 10, 2010, and August 25, 2010. Motion passed 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Ms. Deb Gregg reported that the Commission received a total of 145 contacts since the last report was prepared for the August 25, 2010, Commission Meeting. 25 contacts involved telecommunications services; 37 contacts involved electrical services; 10 contacts involved natural gas services; 1 contact involved gas and electric service; 15 contacts involved cell phone services; 9 contacts involved the Grain Warehouse; 1 contact was related to the Keystone Pipeline; 30 contacts were related to the Do Not Call registry; and 17 contacts involved issues not regulated by the Public Utilities Commission. In 2010, 2,007 of the 2,049 complaints registered have been resolved.
Vice Chairman Kolbeck stated that the order of the Telecommunications dockets may be altered to accommodate Staff, but the Electric dockets would be heard in order.
Electric
Ms. Melanie Acord, MidAmerican Energy Company (MidAmerican), provided a background of the filing. Mr. Jon Thurber, Staff Analyst, stated that Staff recommended approval with an effective date of September 14, 2010.
Commissioner Hanson moved to approve the request of MidAmerican for approval of tariff revisions with an effective date of August 15, 2010. Motion passed 3-0.
Mr. Ryan Soye, Staff Attorney, stated that Staff along with the letter filed to the Commission asked Otter Tail Power Company (Otter Tail) to submit its IRP as part of the data analysis of the rate case. Mr. Soye stated that Otter Tail did submit the IRP this morning and it is now part of the records on the website. Mr. Ron Spangler, Otter Tail, stated that the Company has no objections to Staff's requests.
Chairman Johnson moved to approve the suspension of the imposition of the tariff for 180 days beyond August 20, 2010. Motion passed 3-0.
Vice Chairman Kolbeck moved to assess a filing fee for actual expenses not to exceed the statutory limit of $125,000. Motion passed 3-0.
Vice Chairman Kolbeck moved to allow the Executive Director the authority to enter into contracts. Motion passed 3-0.
Vice Chairman Kolbeck stated that Telecommunications Docket TC10-087 would be discussed first.
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC10-047, TC10-055, TC10-056, TC10-057, TC10-061, TC10-065, and TC10-066.
Ms. Margo Northrup, representing Roberts County Telephone Cooperative Association and RC Communications, Inc. (Roberts County), asked the Commission for approval of the docket and to provide certification to Roberts County.
Chairman Johnson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Roberts County Telephone Cooperative Association and RC Communications, Inc. Motion passed 3-0.
Mr. James Cremer, representing James Valley Cooperative Telephone Company (James Valley), asked the Commission for approval of the filing of James Valley.
Vice Chairman Kolbeck moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for James Valley Telephone Company. Motion passed 3-0.
Mr. Cremer, representing James Valley Wireless, LLC (James Valley Wireless), stated that James Valley Wireless is a rural CMRS provider and asked for Commission approval of the filing.
Vice Chairman Kolbeck moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for James Valley Wireless, LLC. Motion passed 3-0.
Mr. Cremer, representing Northern Valley Communications, LLC (Northern Valley), stated that Northern Valley was a rural competitive local exchange carrier and asked the Commission for approval of the filing.
Vice Chairman Kolbeck moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Northern Valley Communications, LLC. Motion passed 3-0.
Ms. Northrup, representing Tri-County Telecom, Inc., asked for Commission approval of the filing.
Vice Chairman Kolbeck moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Tri-County Telecom, Inc. Motion passed 3-0.
Mr. Ryan Taylor, representing Midstate Communications, Inc., asked for Commission approval of the filing.
Chairman Johnson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Midstate Communications, Inc. Motion passed 3-0.
TC10-066 - In the Matter of the Request of Midstate Telecom, Inc. for Certification Regarding its Use of Federal Universal Service Support. (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)
Mr. Taylor, representing Midstate Telecom, Inc., asked for Commission approval of the filing.
Commissioner Hanson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for Midstate Telecom, Inc. Motion passed 3-0.
Mr. John Smith, Commission Counsel, stated that he had read the amendment to the agreement and that it does not appear to contain any objective provisions. No comments were filed and Mr. Smith recommended approval of the amendment to the agreement.
Commissioner Hanson moved to approval the DC power reduction, restoration and deactivation amendment to the Interconnection Agreement between Qwest Corporation and MCImetro Access Transmission Services LLC for the state of South Dakota. Motion passed 3-0.
ADDENDUM TO THE
AGENDA OF COMMISSION MEETING
Telecommunications
Mr. Talbot Wieczorek, representing RCC Minnesota, Inc. (RCC Minnesota), asked for Commission approval of the filing. Ms. Kara Semmler, Staff Attorney, stated that Staff recommended Commission provide certification for RCC Minnesota.
Commissioner Hanson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal service support for RCC Minnesota, Inc. Motion passed 3-0.
There being no further business, at the hour of 10:16 a.m. the South Dakota Public Utilities Commission Meeting adjourned. The next Commission Meeting is scheduled for September 28, 2010.
/S/Stephanie Harmon
Stephanie Harmon
Administrative Secretary
September 28, 2010
