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South Dakota Public Utilities Commission Meeting
June 14, 2011, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Steve Kolbeck called the meeting to Order. Present were: Commissioner Gary Hanson and Commissioner Chris Nelson; Commission Counsel: John Smith and Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorneys: Kara Semmler, Karen Cremer, and Ryan Soye; Staff Analysts: Dave Jacobson, Brittany Mehlhaff, Jon Thurber, Bobbi Bourk, Chris Daugaard, Ross Pedersen, and Brian Rounds; Consumer Affairs Supervisor: Deb Gregg and Staff: Demaris Axthelm and Lennis Axdahl.
Also present were: Laureen L. Ross McCalib and Daniel Lesher, representing CAPX2020, Great River Energy, and Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing CAPX2020.
Joining the meeting by telephone were: Jim Wilcox, Xcel Energy, Robert Hill, Brookings County; Ron Spangler and Jessica Fyhrie, Otter Tail Power Company; Patrick Crocker, Crocker & Crocker, P.C., representing ONLINE Savings; Wayne Johnson, Qwest Corporation; Jim Adkins, Brookings Municipal Telephone dba Swiftel Communications; Andrew Isar, Miller Isar, Inc., representing 360networks (USA); Tracy Bandemer, Stockholm-Strandburg Telephone Company; and Ryan Taylor, representing Stockholm-Strandburg Telephone Company.
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
The Commission received a total of 238 contacts since the last report was prepared for the May 31, 2011 Commission meeting.
35 of the contacts involved telecommunication services, 24 of the contacts involved electrical services, 13 contacts involved natural gas service, 39 contacts involved cell phone service, 24 contacts were related to the Do Not Call Registry, 1 contact was related to Wind Energy, 83 contacts were related to the Keystone XL Pipeline, and 19 contacts were related to issues not regulated by the PUC.
1,377 of the 1,475 complaints received in 2011 have been resolved.
Electric
1. EL09-030 In the Matter of the Petition of Xcel Energy for Approval to Establish a Demand Side Management Program and Cost Recovery Tariff and for Approval of its 2010 Planned Costs to be Included in its Rates (Staff Analyst: Brian Rounds, Staff Attorney: Karen Cremer)
Mr. Jim Wilcox, Northern States Power Company, d/b/a Xcel Energy, requested the petition filed on December 31, 2009, be withdrawn.
Commissioner Nelson moved to grant the request to withdraw the petition and close the docket. Motion passed 3-0.
2. EL10-015 In the Matter of the Petition of Otter Tail Power Company to Establish a Transmission Cost Recovery Tariff (Staff Analysts: Brian Rounds, Dave Jacobson, Brittany Mehlhaff, Ross Pedersen, Staff Attorneys: Kara Semmler, Ryan Soye)
Mr. Ryan Soye, staff attorney, requested that the Commission approve providing authority to Executive Director to enter the necessary consulting contracts not to exceed $40,000. Mr. Ron Spangler, Otter Tail Power Company, offered no further comments.
Commissioner Hanson moved to provide the Executive Director the authority to enter the necessary consulting contracts having the total amount not to exceed $40,000. Motion passed 3-0.
Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing CapX2020, requested that the Commission approve the permit to construct a 10.6 mile, 345 kV transmission line in Brookings County near White, South Dakota. Mr. Robert Hill, Brookings County Commission, recommended approval of the permit. Ms. Karen Cremer, Staff Attorney, stated that Staff recommended the Commission grant the Joint Motion for Approval of the Settlement Stipulation and adopt the attached settlement stipulation without modification.
Commissioner Nelson moved to grant the Joint Motion for Approval of Settlement Stipulation. Motion passed 3-0.
4. EL11-010 In the Matter of the Filing by Otter Tail Power Company for Approval of Tariff Revisions (Staff Analyst: Dave Jacobson, Staff Attorney: Ryan Soye)
Mr. Ron Spangler, Otter Tail Power Company, stated that as of May 1, 2011, the municipal service agreement between Otter Tail and the City of Ward, S.D., referenced on the current Summary List of Contracts with Deviations has expired and there is a new agreement for municipal services. Electric service provided by Otter Tail to the City of Ward is at Commission approved tariff rates, and Mr. Spangler requested that this contract be removed from their summary list of contracts with deviations. Mr. David Jacobson, staff analyst, explained this is the same type of cleanup filing the Commission has been addressing for several years and recommended approval.
Commissioner Hanson moved to approve the revised Section 16.00 Sheet No. 4. Motion passed 3-0.
Natural Gas
1. NG11-003 In the Matter of the Application of NorthWestern Corporation dba NorthWestern Energy for Authority to Increase its Natural Gas Rates (Staff Analysts: Jon Thurber, Brittany Mehlhaff, Bobbi Bourk, Staff Attorney: Karen Cremer)
Mr. Jon Thurber, Staff Analyst, requested that the Commission give the Executive Director authority to enter into necessary consulting contracts.
Commissioner Kolbeck moved to grant the Executive Director authority to enter into necessary consulting contracts Motion carried 3-0.
The remainder of the dockets before the Commission will show that Commissioner Kolbeck has recused himself.
Telecommunications
1. TC11-016 In the Matter of the Application of ONLINE SAVINGS, Inc. for a Certificate of Authority to Provide Interexchange Long Distance Services (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)
A lengthy discussion took place regarding the Application of ONLINE SAVINGS, Inc. for a Certificate of Authority to Provide Interexchange Long Distance Services which can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2011, June 14, 2011, recording located at: http://puc.sd.gov/Archives/2011/default.aspx. The Commission requested of ONLINE to provide further explanation and clarification of who the secretary of the corporation is by filing a clarifying document, an explanation of their prepaid services, and further explanation of the FCC slamming complaint.
The Commission deferred action on TC11-016.
2. TC11-017 In the Matter of the Approval of the Type 2 Wireless Interconnection Agreement between Qwest Corporation and Cellular, Inc. Financial Corporation d/b/a Verizon Wireless, Cellular Inc. Network Corporation d/b/a Verizon Wireless, Rural Cellular Corporation and Verizon Wireless (VZW) LLC d/b/a Verizon Wireless (Staff Attorney: Kara Semmler)
Mr. Wayne Johnson, representing Qwest Corporation, asked the Commission for approval of the agreement. Ms. Kara Semmler, Staff Attorney, stated the agreement was properly filed, properly executed and does not appear to contain discriminatory provisions. No comments were filed and Ms. Semmler recommended approval of the agreement.
Commissioner Nelson moved to approve the Type-2 Wireless Interconnection Agreement between Qwest Corporation and Cellular, Inc. Financial Corporation d/b/a Verizon Wireless, Cellular Inc. Network Corporation d/b/a Verizon Wireless, Rural Cellular Corporation and Verizon Wireless (VZW) LLC d/b/a Verizon Wireless. Motion passed 2-0.
3. TC11-018 In the Matter of the Application of City of Brookings Municipal Telephone dba Swiftel Communications for an Amended Certificate of Authority (Staff Analyst: Chris Daugaard, Staff Attorney: Kara Semmler)
Mr. Chris Daugaard, Staff Analyst, stated that Swiftel Communications applied to include property newly-annexed by the City of Brookings in its local exchange service territory. The legal description of the property to be considered for inclusion is described in City of Brookings Resolution No. 40-11 dated March 22, 2011. The annexed property is currently in the service territory of ITC. The property is undeveloped and does not contain any customers currently served by either ITC or Swiftel. As its service territory would be affected by these changes, ITC was contacted and they did not wish to take a position on this docket. ITC also understood and acknowledged that this would reduce its own service territory. With this in mind, staff recommended the Commission approve the revision to the local exchange service territory and grant the Amended COA. Staff also recommended that the Commission grant the requested waivers of ARSD 20:10:32:03, parts 1-8, 10-22, and 24.
Commissioner Nelson moved to grant the amended certificate of authority, approving revised service territory as a result of annexation, and granting waivers as requested. Motion passed 2-0.
4. TC11-019 In the Matter of the Filing by 360networks (USA) inc. for Approval of Revisions to its Intrastate Switched Exchange Access Tariff No. 1 and Request for a Waiver (Staff Analyst: Bobbi Bourk, Staff Attorney: Kara Semmler)
Ms. Kara Semmler, Staff Attorney, stated the agreement was properly filed, properly executed and does not appear to contain discriminatory provisions. No comments were filed and Ms. Semmler recommended approval of the agreement.
Commissioner Nelson moved to approve the intrastate switched access tariff revision. Motion passed 2-0.
Ms. Kara Semmler, Staff Attorney, stated the agreement was properly filed, properly executed and does not appear to contain discriminatory provisions. No comments were filed and Ms. Semmler recommended approval of the agreement.
Commissioner Nelson moved to approve the interconnection agreement as requested. Motion passed 2-0.
6. TC11-022 In the Matter of the Filing of Inmate Calling Solutions, LLC d/b/a ICSolutions for an Amended Certificate of Authority (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)
Mr. David Jacobson, Staff Analyst, explained that this application requested approving the amendment to ICSolutions' Certificate of Authority to allow a $25,000 bond in lieu of a letter of credit.
Commissioner Nelson moved to approve the amendment to ICSolutions' Certificate of Authority to allow a $25,000 bond in lieu of a letter of credit. Motion passed 2-0.
Ms. Kara Semmler, Staff Attorney, stated the agreement was properly filed, properly executed and does not appear to contain discriminatory provisions. No comments were filed and Ms. Semmler recommended approval of the agreement.
Chairman Hanson moved to approve the amendment to the Interconnection Agreement between Qwest Corporation and XO Communications Services, Inc. Motion passed 2-0.
Mr. Jon Thurber, Staff Analyst, stated that the company filed according to the administrative rules and Staff recommended the commission provide certification to the FCC & USAC regarding the plan for the use of federal universal service support.
Chairman 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 Stockholm-Strandburg Telephone Company dba ITC. Motion carried 2-0.
There being no further business, at the hour of 10:15 a.m. the South Dakota Public Utilities Commission meeting adjourned. The next Commission meeting is scheduled for June 28, 2011.
/S/ Lennis Axdahl
Lennis Axdahl
Administrative Secretary
June 14, 2011
