Commission Minutes| previous page
South Dakota Public Utilities Commission Meeting
June 5, 2012, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Chris Nelson called the meeting to Order. Present were: Commission Counsel: John Smith and Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorneys: Karen Cremer and Ryan Soye; Staff Analysts: Chris Daugaard, Brian Rounds, Ross Pedersen, and Patrick Steffensen; Consumer Affairs Supervisor: Deb Gregg; and Staff: Joy Irving.
Also present were: Margo Northrup and Darla Rogers, Riter, Rogers, Wattier, and Northrup LLP, representing South Dakota Telecommunications Association; and Bill VanCamp, Olinger, Lovald, McCahren & Reimers, P.C., representing AT&T Communications of the Midwest, Inc.
Joining the meeting by telephone were: Commissioners: Kristie Fiegen and Gary Hanson; Glynda Rahn, Black Hills Power, Inc.; Kathy Ford, Davenport, Evans, Hurwitz, & Smith LLP, representing Midcontinent Communications; Larry Janes, Executive Director, South Dakota One Call; Dave Semerad, West River Electric Association; Kit Talich, West Central Electric Cooperative, Inc.; and Meredith Moore, Cutler & Donahoe, LLP, representing Knology Community Telephone.
(NOTE: For the purpose of continuity, these minutes are not necessarily in chronological order.)
Administration
1. Approval of the Minutes of the Ad Hoc Commission Meetings Held on May 14, 2012, and May 17, 2012 (Staff: Joy Irving)
Commissioner Hanson moved to approve the Minutes of the Ad Hoc Commission Meetings Held on May 14, 2012, and May 17, 2012. Motion carried 3-0.
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 60 contacts since the last report was prepared for the May 22, 2012 Commission meeting.
9 of the contacts involved telecommunication services, 19 of the contacts involved electrical services, 8 contacts involved natural gas service, 5 contacts involved cell phone service, 6 contacts were related to the Do Not Call Registry, 2 contacts were related to wind energy and 11 contacts were related to issues not regulated by the PUC.
827 of the 848 complaints received in 2012 have been resolved.
Electric
Commissioner Nelson stated that EL12-023, EL12-036, and EL12-037 would be heard together.
Ross Pedersen, staff analyst, explained the filings are part of the GIS mapping project to verify all South Dakota electric service territory boundaries for input into the ArcMap software. Mr. Pedersen explained that the agreements do not change service provider to any customers, nor do they change any territory boundaries.
Commissioner Fiegen moved to approve the proposed electric service territory boundary agreement in dockets EL12-036 and EL12-037. Motion carried 3-0.
3. EL12-041 In the Matter of the Joint Request for the Exchange of Retail Electric Service Rights between West River Electric Association and Black Hills Power, Inc. (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)
Mr. Ryan Soye, staff attorney, recommended that the Commission grant West River Electric Association to provide electrical service to Steven Lawler in Rapid City, South Dakota, who is currently a customer of BHP.
Commissioner Hanson moved to approve the joint request for exchange of retail electric service rights. Motion carried 3-0.
One Call
Commissioner Nelson stated that OC11-003, OC11-007, OC11-008, OC11-012, and OC11-013 would be heard together.
4. OC11-012 In the Matter of the Complaint Filed by the City of Aurora, Aurora, South Dakota, Against Eagle West, Maple Grove, Minnesota (One Call Executive Director: Larry Janes; Staff Attorneys: Kara Semmler, Ryan Soye)
5. OC11-013 In the Matter of the Complaint Filed by the City of Aurora, Aurora, South Dakota, Against Eagle West, Maple Grove, Minnesota (One Call Executive Director: Larry Janes; Staff Attorneys: Kara Semmler and Ryan Soye)
Mr. Larry Janes, SD One Call Executive Director, explained that the One Call Enforcement Panel determined that One Call violations have occurred in all the cases presented to the Commission. The Panel recommended monetary penalties in each of the dockets listed. The South Dakota One Call Board met on May 17, 2012, and approved a request to the Commission to bring an action in circuit court in the name of the State of South Dakota pursuant to SDCL 49-7A-28 to collect all unsatisfied penalty amounts.
Commissioner Fiegen moved to bring an action in the name of the State of South Dakota pursuant to SDCL 49-7A-28 for collection of the penalty for dockets OC11-003, OC11-007, and OC11-008. Motion carried 3-0.
Commissioner Nelson moved to seek a judgment in South Dakota against the company for collection of the penalty for dockets OC11-012 and OC11-013, but only seek enforcement and execution of such judgment in South Dakota. Motion carried 3-0.
Telecommunications
Ms. Darla Rogers, representing Midstate Telecom, Inc., asked the Commission to dismiss and close the docket as Midstate anticipates filing a transitional rate filing for its terminating intrastate access rate, in conformance with FCC Order 11-161. Ms. Karen Cremer, staff attorney, recommended that the Commission dismiss and close the docket.
Commissioner Hanson moved to dismiss and close this docket. Motion carried 3-0.
Ms. Meredith Moore, representing Knology Community Telephone (Knology), and Ms. Margo Northrup, representing South Dakota Telecommunications Association (SDTA) asked the Commission to grant intervention. Mr. Pat Steffensen, staff analyst, stated both SDTA and Knology have demonstrated good cause in their petitions and have followed administrative rules, and he recommended that both companies should have their petitions for intervention granted.
Commissioner Fiegen moved to grant intervention to all parties that have filed. Motion carried 3-0.
Ms. Karen Cremer, staff attorney, explained that the amendment was properly filed and executed, and doesn't appear to contain discriminatory provisions. Ms. Cremer recommended that the Commission grant approval of the amendment.
Commissioner Nelson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
Mr. Bill VanCamp, representing AT&T Communications of the Midwest, Inc. (AT&T), asked the Commission to grant AT&T intervention. Ms. Karen Cremer, staff attorney, recommended that AT&T have its petition for intervention granted.
Commissioner Nelson moved to grant intervention. Motion carried 3-0.
There being no further business, at the hour of 9:58 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/S/Joy Irving
Joy Irving
Administrative Assistant
PUC Email
May 22, 2012
