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South Dakota Public Utilities Commission Meeting
February 26, 2013, at 2:30 P.M. CST
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Gary Hanson called the meeting to order. Present were: Commissioner: Chris Nelson and Kristie Fiegen; Commission Counsel: John Smith and Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorneys: Karen Cremer and Kristen Edwards; Staff Analysts: Jon Thurber, Brittany Mehlhaff, David Jacobson, Matthew Tysdal, Patrick Steffensen, Darren Kearney, David Henry, and Brian Rounds; Consumer Affairs Supervisor: Deb Gregg; and Staff: Sherry Dickerson
Also present were:
Brett Koenecke, May, Adam, Gerdes & Thompson, representing Montana-Dakota Utilities Co.; Kevin Kouba, Otter Tail Power Company; and Rich Coit, South Dakota Telecommunications Association
Joining the meeting by telephone were:
Lee Magnuson, Lindquist, Vennum, PLLP, representing Black Hills Power, Inc.; Jessica Fyhrie, Debbie Opatz, and Dave Prazak, Otter Tail Power Company; Chris Thompson, Federal Executive Agencies; Rita Mulkern, Montana-Dakota Utilities Co.; Cary Roesel, Technologies Management, Inc., representing Neutral Tandem-South Dakota, LLC; Amy Inagki and Nathaniel Law, Total Call Mobile, Inc.
Administration
1. Approval of the Minutes of the Commission Meeting Held on February 12, 2013 (Staff: Joy Irving)
Commissioner Nelson moved to approve the minutes of February 12, 2013. 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 63 contacts since the last report was prepared for the February 12, 2013 Commission meeting.
12 of the contacts involved telecommunication services, 16 of the contacts involved electrical services, 7 contacts involved natural gas service, 2 contacts involved cell phone service, 10 contacts were related to the Do Not Call Registry, 1 contact was related to Wind Energy, 1 contact was related to One Call and 14 contacts were related to issues not regulated by the PUC.
274 of the 297 complaints received in 2013 have been resolved.
Electric
1. EL12-061 In the Matter of the Application of Black Hills Power, Inc. for Authority to Increase its Electric Rates (Staff Analysts: Jon Thurber, Brittany Mehlhaff, Patrick Steffensen, Staff Attorneys: Karen Cremer, Kristen Edwards)
Ms. Karen Cremer, staff attorney, indicated that she had spoken with Regency Midwest Ventures Limited Partnership and Deadwood Resort, L.L.C., (Regency) and stated that they are working with BHP and would file a letter in the docket. Ms. Cremer stated that the letter has not been filed yet. Ms. Cremer recommended that Regency's Petition to Intervene be denied without prejudice. Mr. Lee Magnuson, Lindquist, Vennum, PLLP, representing Black Hills Power, Inc. (BHP), had no objection to staff's recommendation.
Commissioner Hanson moved to deny Regency's Petition to Intervene without Prejudice. Motion carried 3-0.
Ms. Debbie Opatz, Otter Tail Power Company (Otter Tail), requested that the Commission grant approval of its updates to its Small Power Producer Riders, Sections 12.01, 12.02, and 12.03 of its Tariff Book. Mr. Matthew Tysdal, staff analyst, recommended that the Commission grant approval.
Commissioner Nelson moved to approve the tariff revisions. Motion carried 3-0.
Ms. Jessica Fyhrie, Otter Tail Power Company (Otter Tail), requested that the Commission approve its revised Section 16.00, Sheet No. 2 of its Tariff Book. Mr. Matthew Tysdal, staff analyst, recommended that the Commission grant approval to its tariff revisions.
Commissioner Fiegen moved to approve the tariff revisions. Motion carried 3-0.
Ms. Jessica Fyhrie, Otter Tail Power Company (Otter Tail), requested that the Commission grant approval to its revised Section 16.00, Sheet No. 1 of its Tariff Book. Ms. Fyhrie stated that the municipal service agreement, currently listed as a contract with deviations, between Otter Tail and the City of DeSmet expired on February 1, 2013. Mr. Matthew Tysdal, staff analyst, recommended that the Commission grant approval to Otter Tail's tariff revisions.
Commissioner Nelson moved to approve the tariff revisions. Motion carried 3-0.
Natural Gas
Ms. Rita Mulkern, Montana-Dakota Utilities Co. (MDU) stated that MDU does not object to Federal Executive Agencies (FEA) Petition to Intervene. Major Chris Thompson, FEA, stated FEA has one change to make. FEA originally filed the petition under 49-34A-13.1 not as a full party and wanted to switch under paragraph 1-26-17.1 as a full party. Major Thompson stated that he overlooked the paragraph and would like to make a change. Ms. Kristen Edwards, staff attorney, recommended that the Commission grant intervention to FEA under the statute sited by Major Thompson.
Commissioner Fiegen moved to approve intervention of Federal Executive Agencies pursuant to 1-26-17.1. Motion carried 3-0.
Telecommunications
Mr. Dave Jacobson, staff analyst, requested that the Commission grant approval with a waiver of ARSD 20:10:29:10; 20:10:29:12 and 20:10:29:16. Mr. Jacobson also recommended an effective date of July 3, 2012.
Commissioner Nelson moved to approve the proposed tariff revisions and grant waivers with an effective date of July 3, 2012. Motion carried 3-0.
Mr. Dave Jacobson, staff analyst, requested that the Commission grant approval with a waiver of ARSD 20:10:29:10; 20:10:29:12 and 20:10:29:16. Mr. Jacobson also recommended an effective date of February 26, 2013.
Commissioner Hanson moved to approve the proposed tariff revisions and grant waivers with an effective date of February 26, 2013. Motion carried 3-0.
A lengthy discussion took place regarding docket TC12-192. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2013, February 26, 2013, recording located at: http://puc.sd.gov/commission/media/2013/puc02262013.mp3.
Commissioner Nelson moved to grant intervention to SDTA. Motion carried 3-0.
Ms. Karen Cremer, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions. Ms. Cremer stated no comments were filed and therefore recommended approval.
Commissioner Fiegen moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
5. TC13-017 In the Matter of the Approval of an ICC VoIP Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Neutral Tandem, Inc. (Staff Attorney: Karen Cremer)
Ms. Karen Cremer, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions. Ms. Cremer stated no comments were filed and therefore recommended approval.
Commissioner Nelson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
There being no further business, at the hour of 3:00 p.m. the South Dakota Public Utilities Commission meeting adjourned.
/S/Joy Irving
Joy Irving
Administrative Assistant
PUC Email
February 26, 2013
