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South Dakota Public Utilities Commission Meeting
May 21, 2013, at 1:00 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Gary Hanson called the meeting to order. Present were: Commission Counsel: John Smith and Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorneys: Karen Cremer and Kristen Edwards; Staff Analysts: Patrick Steffensen, Brittany Mehlhaff, David Jacobson, Matthew Tysdal, Jason Simmons, Eric Paulson, Robin Meyerink, and David Henry; and Staff: Sherry Dickerson
Also present were:
Rich Coit, South Dakota Telecommunications Association; Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing TrioTel Communications, Inc.; Bill VanCamp, Olinger, Lovald, McCahren & Reimers, P.C., representing AT&T Communications Corp.; and Bob Mercer, Reporter
Joining the meeting by telephone were:
Commissioners: Chris Nelson and Kristie Fiegen; Staff Analyst: Darren Kearney; Jason Topp, and Mike Williams, Qwest Corporation dba CenturyLink QC; Mark Benton, Midstate Communications, Inc.; Meredith Moore, Cutler and Donahoe, LLP, representing Midstate Communications, Inc.; Chris Kilpatrick, Black Hills Power, Inc.; Bill Hunt, dishNET Wireline, L.L.C. fka Liberty-Bell, LLC; Phil Schenkenberg, Briggs and Morgan, PA, representing Sprint Communications Company, LP; Tom Welk, Boyce, Greenfield, Pashby, & Welk LLP, representing Qwest Corporation dba CenturyLink QC; and Scott Swier, Swier Law Firm, Prof. LLC, representing Native American Telecom, LLC
(NOTE: For the purpose of continuity, these minutes are not necessarily in chronological order.)
Administration
1. Approval of the Minutes of the Commission Meeting Held on May 7, 2013 (Staff: Joy Irving)
Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on May 7, 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 49 contacts since the last report was prepared for the May 7, 2013, Commission meeting.
7 of the contacts involved telecommunication services, 16 of the contacts involved electrical services, 2 contacts involved natural gas service, 8 contacts involved cell phone service, 5 contacts were related to the Do Not Call Registry, 1 contact was related to Wind Energy and 10 contacts were related to issues not regulated by the PUC.
671 of the 704 complaints received in 2013 have been resolved.
Electric
Ms. Karen Cremer, staff attorney, recommended that the Commission grant the Joint Motion for Approval of the Third Amendment to Settlement Stipulation and approve the terms and conditions as stipulated. Mr. Chris Kilpatrick, Black Hills Power, Inc. (BHP), stated that BHP had no objection to staff's requests.
Commissioner Fiegen moved to grant the Joint Motion for Approval of the Third Amendment to Settlement Stipulation and approve the terms and conditions stipulated therein. Motion carried 3-0.
Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission assess a filing fee up to the amount of $50,000 to account for actual expenses and approve the 2013 Environmental Improvement Adjustment subject to staff's recommended conditions, effective June 1, 2013. Mr. Chris Kilpatrick, Black Hills, Power Inc. (BHP), stated BHP had no objection to staff's requests.
Commissioner Nelson moved to assess a filing fee in the amount of $50,000 to reimburse actual expenses incurred in review of this filing, commencing from the filing date and approve the 2013 Environmental Improvement Adjustment subject staff's recommended conditions. Motion carried 3-0.
Telecommunications
A lengthy discussion took place regarding Docket TC11-087. The transcript can be found on the PUC website under Commission Actions: Commission Minutes: 2012 - http://puc.sd.gov/commission/minutes/2013/transcript/tc11-087052113.pdf. An audio of the discussion can be found on the PUC Web site under Commission Actions; Commission Meeting Archives; 2013; May 21, 2013, Meeting for Docket TC11-087, recording located at: http://puc.sd.gov/commission/media/2013/PUC05212013.mp3.
Commissioner Nelson moved to grant the Motions to Suspend the May 8, 2013, Due Date for Intervenor Testimony. Motion carried 3-0.
Commissioner Nelson moved to grant Sprint's Second Motion to Compel/Enforce in part against NAT. Motion carried 3-0.
Commissioner Nelson moved to deny Sprint's attorney fees. Motion carried 3-0.
Ms. Kristen Edwards, staff attorney, stated staff had no objection to YMax Communications Corp's petition to withdraw.
Commissioner Fiegen moved to grant YMax's request to withdraw its Petition for Designation as an Eligible Telecommunications Carrier. Motion carried 3-0.
Commissioner Hanson deferred this matter until a later date.
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing TrioTel Communications, Inc. requested that the Commission approve the amendment to the interconnection agreement. Ms. Karen Cremer, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions. No comments were filed. Staff recommended the Commission approve the amendment to the Interconnection Agreement.
Commissioner Hanson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
There being no further business, at the hour of 1:57 p.m. the South Dakota Public Utilities Commission meeting adjourned.
/S/Joy Irving
Joy Irving
Administrative Assistant
PUC Email
May 21, 2013
