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South Dakota Public Utilities Commission Meeting
November 12, 2014, at 11:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Vice Chairman Chris Nelson called the meeting to order. Present were: Commission Counsel: John Smith and Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorney: Karen Cremer; Staff Analysts: Brian Rounds, Brittany Mehlhaff, Darren Kearney, Eric Paulson, Patrick Steffensen, David Henry, and Joseph Rezac; Consumer Affairs Supervisor: Deb Gregg; and Staff: Katlyn Gustafson

Also present were:
Rich Coit, South Dakota Telecommunications Association

Joining the meeting by telephone were:
Chairman Gary Hanson; Commissioner Kristie Fiegen; Jeff Decker, Clyde Gross and Ron Gogolin, NorthWestern Corporation dba NorthWestern Energy; Brian Bultje, Central Electric Cooperative, Inc; Mary Jane Rasher and Rebecca Ballesteros, Intrado Communications Inc; Stuart Tommerdahl, Otter Tail Power Company; Jeff Strenkowski, Bingham McCutchen LLP, representing Talk America Services, LLC

Administration

1.    Approval of the Minutes of the Commission Meeting Held on October 28, 2014. (Staff: Joy Lashley)

     Commissioner Hanson moved to approve the minutes of the Commission meeting held on October 28, 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 71 contacts since the last report was prepared for the October 28, 2014 Commission meeting.

5 of the contacts involved telecommunications services, 33 of the contacts involved electrical services, 4 of the contacts involved natural gas service, 2 contacts involved gas and electric service, 4 contacts involved cell phone service, 11 contacts were related to the Do Not Call Registry, 2 contacts were related to the Keystone XL Pipeline, and 10 contacts were related to issues not regulated by the PUC.

1,657 of the 1,681 complaints received in 2014 have been resolved.

Electric

1.     EL14-086     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Groton Municipal Electric and Northern Electric Cooperative, Inc. (Staff Analyst: David Henry; Staff Attorney: Kristen Edwards)

Mr. David Henry, staff analyst, recommended that the Commission approve the proposed electric service territory boundary agreement between Groton Municipal Electric and Northern Electric Cooperative, Inc.

     Commissioner Fiegen moved to approve the proposed electric service territory boundary agreement. Motion carried 3-0.

2.     EL14-087     In the Matter of the Joint Request for Service Rights Exception between NorthWestern Corporation dba NorthWestern Energy and Central Electric Cooperative, Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

Mr. Ron Gogolin, NorthWestern Corporation dba NorthWestern Energy (NorthWestern), requested that the Commission approve its service rights exception between NorthWestern and Central Electric Cooperative, Inc. (Central Electric). Mr. Gogolin stated that the purpose of the filing is for approval to allow Central Electric to provide single phase electrical service to a grain bin in the assigned territory of NorthWestern. Mr. Brian Bultje, Central Electric, explained the process used to get the service extended to the customer. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant approval of the joint request for service rights exception between Northwestern and Central Electric.

      Commissioner Hanson moved to approve the joint request for service rights exception between Northwestern Energy and Central Electric Cooperative Inc.  Motion carried 3-0.

3.     EL14-090     In the Matter of the Petition of Otter Tail Power Company for Approval of its 2015 Transmission Cost Recovery Eligibility and Rate Adjustment (Staff Analyst: Patrick Steffensen; Staff Attorney: Karen Cremer)

Ms. Karen Cremer, staff attorney, recommended that the Commission assess a filing fee of $50,000 to account for actual expenses incurred in review of this filing. Mr. Stuart Tommerdahl, Otter Tail Power Company (OTP), stated that OTP had no objections.

     Commissioner Nelson moved to assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Motion carried 3-0.

Natural Gas

1.     NG14-008       In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of its Tariff Revisions (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

A lengthy discussion took place regarding docket NG14-008. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2014, November 12, 2014, recording located at:
http://puc.sd.gov/commission/media/2014/PUC11122014.mp3.

     Commissioner Fiegen moved to approve the proposed tariff revisions effective December 1, 2014. Motion carried 3-0.

Telecommunications

1.     TC14-002     In the Matter of the Application of Intrado Communications Inc. for a Certificate of Authority to Provide Local Exchange Services and Interexchange Long Distance Services in South Dakota (Staff Analyst: Darren Kearney; Staff Attorney: Karen Cremer)

A lengthy discussion took place regarding docket TC14-002. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2014, November 12, 2014, recording located at:
http://puc.sd.gov/commission/media/2014/PUC11122014.mp3.
     
     Commissioner Nelson moved to grant waiver of ARSD 20:10:24:02(9), ARSD 20:10:32:03(11), and ARSD 20:10:32:03(12) and that the Commission grant Intrado Communications Inc. a Certificate of Authority to provide Local Exchange Services and Interexchange Long Distance Services for the purposes of aggregating and routing 9-1-1 emergency calls as restricted by the joint stipulation between Intrado and SDTA. Motion carried 3-0.

2.     TC14-082     In the Matter of the Application of Talk America Services, LLC for a Certificate of Authority to Provide Local Exchange Services and Interexchange Long Distance Services in South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Karen Cremer)

Mr. Jeff Strenkowski, Bingham McCutchen LLP, representing Talk America Services, LLC (TAS), asked that the Commission grant TAS a Certificate of Authority to provide resold local exchange services and interexchange long distance services to residential customers.  Mr. Eric Paulson, staff analyst, recommended that the Commission grant the waivers as requested and with the restrictions that TAS not offer any prepaid services, including prepaid calling cards, and it does not accept or require any deposits or advanced payments for retail purposes and that TAS be subject to rural safeguards.

     Commissioner Hanson moved to grant Talk America Services, LLC's request for a Certificate of Authority to Provide Local Exchange Services and Interexchange Long Distance Services in South Dakota subject to the conditions recommended by staff and to grant the requested waivers. Motion carried 3-0.

There being no further business, at the hour of 2:31 p.m. the South Dakota Public Utilities Commission meeting adjourned.

/s/Joy Lashley      .
Joy Lashley
Administrative Assistant
PUC Email
November 12, 2014