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South Dakota Public Utilities Commission Meeting
October 9, 2013, at 1:30 P.M. CDT
Room 414, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Gary Hanson called the meeting to order. Present were: Commissioners: Chris Nelson and Kristie Fiegen; Commission Counsel: John Smith and Rolayne Wiest; Staff Attorney: Kristen Edwards; Staff Analysts: Patrick Steffensen, Darren Kearney, Jason Simmons, Eric Paulson, Robin Meyerink, Brian Rounds, and David Henry; Consumer Affairs Supervisor: Deb Gregg; and Staff: Sherry Dickerson
Also present were:
Bill VanCamp, Olinger, Lovald, McCahren & Reimers, P.C., representing AT&T Corp.; and Rich Coit, South Dakota Telecommunications Association
Joining the meeting by telephone were:
Wauneta Browne, AT&T Corp.; Jason Sutton, Boyce, Greenfield, Pashby, & Welk, LLP, representing CenturyLink, QC; Meredith Moore, Cutler & Donahoe, LLP, representing Midstate Communications, Inc.; Phillip Schenkenberg, Briggs and Morgan, PA, representing Sprint Communications Company, LP; Suzan Stewart and Brian Wiese, MidAmerican Energy Company; Jason Topp, CenturyLink, QC; Scott Swier, Swier Law Firm, Prof. LLC, representing Native American Telecom, LLC
Administration
1. Approval of the Minutes of the Commission Meetings held on September 10, 2013, and September 24, 2013, and the Ad Hoc Commission Meeting held on September 17, 2013. (Staff: Joy Lashley)
Commissioner Nelson moved to approve the Minutes of the Commission Meetings held on September 10, 2013, and September 24, 2013, and the Ad Hoc Commission Meeting held on September 17, 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 103 contacts since the last report was prepared for the September 24, 2013 Commission meeting.
9 of the contacts involved telecommunication services, 31 of the contacts involved electrical services, 5 of the contacts involved natural gas service, 21 contacts involved cell phone service, 21 contacts were related to the Do Not Call Registry, 2 contacts were related to One Call and 14 contacts were related to issues not regulated by the PUC.
1,433 of the 1,480 complaints received in 2013 have been resolved.
Natural Gas
Mr. Brian Wiese, MidAmerican Energy Company (MidAmerican), asked that the Commission approve the continuation of the Incentive Gas Supply Procurement Plan (IGSPP). Mr. Eric Paulson, staff analyst, recommended that the Commission approve MidAmerican's IGSPP without modifications effective November 1, 2013.
Commissioner Nelson moved to approve the continuation of MidAmerican's Incentive Gas Supply Procurement Plan without modification effective November 1, 2013. Motion carried 3-0.
Rule Making
A lengthy discussion took place regarding docket RM13-002. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2013, October 9, 2013, recording located at: http://puc.sd.gov/commission/media/2013/puc10092013.mp3.
Commissioner Nelson moved to open a rulemaking docket with the sole purpose of receiving feedback from the affected parties as to whether or not they would like the Commission to move forward with a PURPA avoided cost rulemaking, and, if so, what areas would they like the Commission to address. Motion carried 3-0.
Telecommunications
A lengthy discussion took place regarding docket TC11-087. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2013, October 9, 2013, recording located at: http://puc.sd.gov/commission/media/2013/puc10092013.mp3.
Commissioner Nelson moved to grant CCT's Motion to Take Deposition of Sprint's Expert Randy G. Farrar. Motion carried 3-0.
Commissioner Nelson moved to set Randy G. Farrar's compensation at $100 per hour, limited to the time spent attending the deposition. Motion carried 2-1. Commissioner Fiegen dissented.
Commissioner Nelson moved to place no restrictions on the scope of the deposition. Motion carried 3-0.
Commissioner Nelson moved that there be no additional limitation beyond the seven-hour limitation provided in the statute. Motion carried 3-0.
Commissioner Hanson moved to deny CCT's Motion for Temporary Authority, or in the Alternative, denied CCT's Expedited Decision. Motion carried 3-0.
Ms. Wauneta Browne, AT&T Corp., asked that the Commission approve its application for a certificate of authority from Teleport Communications America, LLC (TCAL) to provide local exchange services in the State of South Dakota. TCAL requested that the Commission grant a waiver of ARSD Section 20:10:32:03(12). Ms. Robin Meyerink, staff analyst, recommended that the Commission grant a certificate of authority with the condition that TCAL not offer any prepaid services for retail purposes including prepaid calling cards and not accept or require any deposits or advance payments without prior approval of the Commission, and subject to rural safeguards. Ms. Meyerink also recommended that the Commission grant the requested waiver.
Commissioner Fiegen moved to grant the request for a certificate of authority to provide local exchange services within the State of South Dakota with Staff's restrictions and grant the Request for Waiver of ARSD 20:10:32:03(12). 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 Lashley
Joy Lashley
Administrative Assistant
PUC Email
October 9, 2013
