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South Dakota Public Utilities Commission Meeting
July 22, 2014, at 9:30 A.M. CDT
Room 414, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Commissioner Gary Hanson called the meeting to order. Present were: Commissioners: Chris Nelson and Kristie Fiegen; Commission Counsel: John Smith and Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorney: Kristen Edwards; Staff Analysts: Eric Paulson, Brian Rounds, Brittany Mehlhaff, David Henry, Joseph Rezac, Darren Kearney, and Patrick Steffensen; and Staff: Joy Lashley
Also present were:
Robert Gerald Lorge, Lorge & Lorge Law Firm, representing Prelude, L.L.C.; Rod Bowar, Kennebec Telephone Co., Inc.; Kevin Mikkelsen, Rosebud Electric Cooperative, Inc.; Gene Lebrun and Miles Schumacher, Lynn, Jackson, Shultz & Lebrun, P.C. representing Basin Electric Power Cooperative, Inc.; Deborah Levchak, Basin Electric Power Cooperative, Inc.; Aaron Galloway, Rushmore Electric Power Cooperative, Inc.; Ed Anderson, South Dakota Rural Electric Association; Darla Rogers, Riter, Rogers, Wattier & Northrup, LLP, representing South Dakota Rural Electric Association; and Charn Lorge, guest
Joining the meeting by telephone were:
Karen Cremer, PUC Staff Attorney; Troy Kwasniewski, H-D Electric Cooperative, Inc.; Kim Stumpp, Consortia Consulting, representing Kennebec Telephone Co., Inc.; Marlene Bennett, Consortia Consulting, representing Northeast Nebraska Telephone Company and Kennebec Telephone Co., Inc.; Stephanie Bosch, Montana-Dakota Utilities Co.; John Lee, Butte Electric Cooperative, Inc.; John Dearborn and Peter Matt, Schiff Hardin LLP, representing Basin Electric Power Cooperative, Inc.; Mary Lohnes, Midcontinent Communications; Brett Koenecke, May, Adam, Gerdes & Thompson, representing Montana-Dakota Utilities Co. and South Dakota Electric Utility Companies; Brad VanLeur, OrbitCom, Inc.; Richard Wehmhoefer, Esq., representing Prelude, L.L.C.; Linda Willman, Wessington Springs Municipal Electric; Don Price, MCImetro Access Transmission Services LLC dba Verizon Access Transmission Services; and Brian Bultje, Central Electric Cooperative, Inc.
(NOTE: For the purpose of continuity, these minutes are not necessarily in chronological order.)
Administration
1. Approval of the minutes of the Commission meetings held on June 24 and July 8, 2014 (Staff: Joy Lashley)
Commissioner Fiegen moved to approve the minutes of the Commission meetings held on June 24 and July 8, 2014. 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 94 contacts since the last report was prepared for the July 8, 2014 Commission meeting.
19 of the contacts involved telecommunication services, 29 of the contacts involved electrical services, 6 of the contacts involved natural gas service, 8 contacts involved cell phone service, 21 contacts were related to the Do Not Call Registry and 11 contacts were related to issues not regulated by the PUC.
1,019 of the 1,068 complaints received in 2014 have been resolved.
Electric
A lengthy discussion took place regarding docket EL14-042. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2014, July 22, 2014, recording located at: http://puc.sd.gov/commission/media/2014/puc072214.mp3
Commissioner Fiegen moved to grant Respondent's Motion to Dismiss. Motion carried 3-0.
Mr. David Henry, staff analyst, recommended that the Commission approve the proposed electric service territory boundary agreements in dockets EL14-052, EL14-053, EL14-054, and EL14-055.
In Dockets EL14-052, EL14-053, EL14-054, and EL14-055, Commissioner Nelson moved to approve the proposed electric service territory boundary agreements. Motion carried 3-0.
Mr. Brett Koenecke, May, Adam, Gerdes & Thompson, representing Montana-Dakota Utilities Co., (MDU) asked that the Commission approve MDU's proposed tariff revisions. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant approval of MDU's proposed tariff revisions effective August 1, 2014.
Commissioner Fiegen moved to approve the proposed tariff revisions effective August 1, 2014. Motion carried 3-0.
Telecommunications
Mr. Brad VanLeur, OrbitCom, Inc. (OrbitCom), asked that the Commission approve revisions to OrbitCom's access tariff. Mr. Eric Paulson, staff analyst, recommended that the Commission grant approval to OrbitCom's request effective July 1, 2014.
Commissioner Nelson moved to approve OrbitCom, Inc.'s Revisions to its Access Services Tariff No. 2. Motion carried 3-0.
Ms. Marlene Bennett, Consortia Consulting, representing Northeast Nebraska Telephone Company asked that the Commission grant a waiver of the Commission's ETC filing requirements pursuant to ARSD 20:10:32:56 and certify to the FCC and USAC that Northeast Nebraska Telephone Company is in compliance with 47 U.S.C. § 254 (e). Mr. Eric Paulson, staff analyst, recommended that the Commission grant a waiver for one year to Northeast Nebraska Telephone Company and to certify that Northeast Nebraska Telephone Company is in compliance with 47 U.S.C. § 254 (e).
Commissioner Fiegen moved to grant a one year waiver and provide certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support. Motion carried 3-0.
Ms. Mary Lohnes, Midcontinent Communications (Midcontinent), requested that the Commission approve revisions to Midcontinent's access services tariff. Mr. Eric Paulson, staff analyst, recommended that the Commission grant approval to Midcontinent's request effective July 1, 2014.
Commissioner Nelson moved to approve Midcontinent's Revisions to its Access Services Tariff. Motion carried 3-0.
Mr. Rod Bowar, Kennebec Telephone Co., Inc., requested that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant Kennebec Telephone Co., Inc.'s request.
Commissioner Fiegen moved to provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding Kennebec Telephone Co., Inc.'s use of federal universal service support. Motion carried 3-0.
Mr. Don Price, MCImetro Access Transmission Services LLC dba Verizon Access Transmission Services (Verizon Access), asked that the Commission approve changes to Verizon Access‘s access services tariff. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant Verizon Access's request effective July 1, 2014.
Commissioner Nelson moved to approve the requested tariff amendments. Motion carried 3-0.
There being no further business, at the hour of 10:28 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/S/Joy Lashley
Joy Lashley
Administrative Assistant
PUC Email
July 22, 2014
