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South Dakota Public Utilities Commission Meeting
October 22, 2013, at 9:30 A.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 Attorneys: Karen Cremer and Kristen Edwards; Staff Analysts: Patrick Steffensen, Brittany Mehlhaff, Jason Simmons, Eric Paulson, Robin Meyerink, and David Henry; Consumer Affairs Supervisor: Deb Gregg; and Staff: Sherry Dickerson
Also present were:
Kara Semmler, May, Adam, Gerdes, and Thompson, LLP, representing Common Point LLC, 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:
Staff Analyst: Darren Kearney; Marlene Bennett, Consortia Consulting, representing Beresford Municipal Telephone Company; Todd Hansen, Beresford Municipal Telephone Company; Paul Bergmann and Brenda Blackman, Jefferson Telephone Company; Paul Lehman, and John Chow, Northern States Power Company dba Xcel Energy; Jeff Decker, NorthWestern Corporation dba NorthWestern Energy; Eric Schimpf, i-wireless, LLC; Heather Kirby, Lance J.M. Steinhart, P.C., representing i-wireless, LLC; Matt Dean, Mike Eveloff, and Craig Freeman, Common Point LLC; Talbot Wieczorek, Gunderson, Palmer, Nelson, & Ashmore, LLP, representing RCC Minnesota, Inc. dba Verizon Wireless and WWC License, LLC dba Verizon Wireless; Linda Stevens, Verizon Wireless; and Jack Phillips, Citizens Telecommunications Company of Minnesota, LLC
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 65 contacts since the last report was prepared for the October 9, 2013 Commission meeting.
13 of the contacts involved telecommunication services, 23 of the contacts involved electrical services, 3 of the contacts involved natural gas service, 8 contacts involved cell phone service, 11 contacts were related to the Do Not Call Registry, and 7 contacts were related to issues not regulated by the PUC.
1,517 of the 1,545 complaints received in 2013 have been resolved.
Electric
Mr. Paul Lehman, Northern States Power dba Xcel Energy (Xcel), asked that the Commission approve its tariff revisions. Ms. Robin Meyerink, staff analyst, recommended that the Commission grant approval to Xcel's request.
Commissioner Nelson moved to grant Xcel's application for tariff revisions. Motion carried 3-0.
Natural Gas
Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy (NorthWestern), asked that the Commission approve NorthWestern's Contract with Deviations with Soybean Processors, LLC and associated tariff revisions. Mr. Decker also asked that the Commission grant approval of the correction to the expiration date for the Contract with Deviations with Great Plains Ethanol, LLC – Chancellor. Mr. Eric Paulson, staff analyst, recommended that the Commission approve NorthWestern's requests effective November 1, 2013.
Commissioner Nelson moved to approve NorthWestern Energy's Contract with Deviations with Soybean Processors, LLC and associated tariff revisions and approve the correction to the expiration date for the Contract with Deviations with Great Plains Ethanol, LLC – Chancellor effective November 1, 2013. Motion carried 3-0.
Telecommunications
Ms. Kara Semmler, May, Adam, Gerdes, and Thompson, LLP, representing Common Point LLC (Common Point), asked that the Commission approve Common Point's Access Services Tariff No. 1 with an effective date of October 22, 2013. Mr. Bill VanCamp, Olinger, Lovald, McCahren & Reimers, P.C., representing AT&T Corp, had no objections to Common Point's request.
Commissioner Fiegen moved to approve Common Point's Access Services Tariff No. 1 effective October 22, 2013. Motion carried 3-0.
Mr. Jack Phillips, Citizens Telecommunications Company of Minnesota, LLC (Citizens), requested that the Commission grant a waiver of the Commission's ETC filing requirements pursuant to ARSD 20:10:32:56, on the grounds that the reporting requirements in support of ETC certification are unduly burdensome and unnecessary. Citizens also requested that the Commission issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e). Mr. Pat Steffensen, staff analyst, recommended that the Commission grant the waiver for one year and provide certification to the FCC and USAC.
Commissioner Hanson moved to grant a one year waiver and provide certification to the FCC and USAC. Motion carried 3-0.
Ms. Linda Stevens, RCC Minnesota, Inc. dba Verizon Wireless (RCC Minnesota), requested that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of Federal Universal Services Support by RCC Minnesota in 2012. Mr. Darren Kearney, staff analyst, recommended that the Commission grant RCC Minnesota's request.
Commissioner Hanson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the proper use of Federal Universal Services Support by RCC Minnesota, Inc. dba Verizon Wireless in 2012. Motion carried 3-0.
Ms. Linda Stevens, WWC License LLC dba Verizon Wireless (WWC License), requested that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of Federal Universal Services Support by WWC License in 2012. Mr. Darren Kearney, staff analyst, recommended that the Commission grant WWC License's request.
Commissioner Fiegen moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the proper use of Federal Universal Services Support by WWC License dba Verizon Wireless in 2012. Motion carried 3-0.
5. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC13-082 and TC13-098.
Ms. Marlene Bennett, Consortia Consulting, representing Beresford Municipal Telephone Company, asked that the Commission issue certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. Ms. Robin Meyerink, staff analyst, recommended that the Commission grant Beresford's request.
Mr. Paul Bergmann, Jefferson Telephone Company (Jefferson Telephone), asked that the Commission issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. Ms. Robin Meyerink, staff analyst, recommended that the Commission grant Jefferson Telephone's request.
Commissioner Nelson moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Services Support in dockets TC13-082 and TC13-098. Motion carried 3-0.
A lengthy discussion took place regarding docket TC13-106. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2013, October 22, 2013, recording located at:
http://puc.sd.gov/commission/media/2013/puc10222013.mp3
Commissioner Hanson deferred docket.
There being no further business, at the hour of 10:33 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/S/Joy Lashley
Joy Lashley
Administrative Assistant
PUC Email
October 22, 2013
