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South Dakota Public Utilities Commission Meeting
September 1, 2015, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Chris Nelson called the meeting to order. Present were: Commissioner: Gary Hanson; Commission Counsel: John Smith and Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorneys: Karen Cremer, Kristen Edwards, and Adam de Hueck; Staff Analysts: Darren Kearney, Eric Paulson, Patrick Steffensen, Joseph Rezac, and Lorena Reichert; and Staff: Katlyn Gustafson.
Also present were:
Bob Mercer, Reporter; Rich Coit, South Dakota Telecommunications Association; Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Clarity Telecom, LLC, RT Communications, Inc., Golden West Telecommunications Cooperative, Inc., Santel Communications Cooperative, Inc., and West River Telecommunications Cooperative (Mobridge); Tom Welk, Boyce, Greenfield, Pashby & Welk, LLP, representing Big Stone to Ellendale; Al Koeckeritz and Gerald Bermel, Big Stone to Ellendale; and Monica Peterson, HDR Engineering, representing Big Stone to Ellendale.
Joining the meeting by telephone were:
Commissioner: Kristie Fiegen; Marlene Bennett and Kim Stumpp, Consortia Consulting, representing Beresford Municipal Telephone Company; Jill Reinert and Denny Law, Golden West Telecommunications Cooperative, Inc.; Bob Pesall, Pesall Law Firm, representing Gerald Pesall; Gerald Pesall, self; Jason Topp, CenturyLink Communications, LLC; Angela Piner, Boice Law Firm; Cheryl Clauson, Kiesling Associates LLP, representing Long Lines Wireless, LLC; Diane Votino, Jennifer Moore, John Palmolea, and Amanda Hosch, MidAmerican Energy Company; Carey Roesel, Technologies Management, Inc., representing Native American Telecom, LLC; Jon Boike, Clarity Telecom, LLC; Paul Bergmann, Long Lines Wireless, LLC; Bruce Hanson, Fort Randall Telephone Company; and Donna Thiel, Red River Rural Telephone Association dba Red River Communications.
(NOTE: For the purpose of continuity, these minutes are not necessarily in chronological order.)
MINUTES OF THE COMMISSION MEETING
Administration
1. Approval of the Minutes of the Commission Meeting Held on August 20, 2015. (Staff: Joy Lashley)
Commissioner Hanson moved to approve the minutes of the Commission meeting held on August 20, 2015. 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 60 contacts since the last report was prepared for the August 20, 2015 Commission meeting.
8 contacts involved telecommunication services, 16 contacts involved electrical services, 6 contacts involved natural gas service, 3 contacts were related to wireless service, 8 contacts were related to the Do Not Call Registry, 2 contacts were related to the Dakota Access Pipeline, 2 contacts were related to the Keystone XL Pipeline, 2 contacts were related to One Call and 13 contacts were related to issues not regulated by the PUC.
1,914 of the 1,916 complaints received in 2014 have been resolved.
1,305 of the 1,325 complaints received in 2015 have been resolved.
Electric
A lengthy discussion took place regarding docket EL13-028. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2015, September 1, 2015, recording located at:
http://puc.sd.gov/commission/media/2015/puc09012015.mp3.
Commissioner Hanson moved to accept the Applicants' Filing of Compliance with Condition 17: SCN Sampling and Mitigation Plan with Revised Exhibit 2 to the Mitigation and Sampling Plan as acceptable in form by the Commission and as meeting the requirements of Condition 17 of the Amended Settlement Stipulation as modified by the Decision. Motion carried 3-0.
Ms. Jennifer Moore, MidAmerican Energy Company (MidAmerican), asked that the Commission approve MidAmerican's tariff revisions. Mr. Eric Paulson, staff analyst, recommended that the Commission approve MidAmerican's request effective September 15, 2015.
Commissioner Fiegen moved to approve MidAmerican's tariff revisions effective September 15, 2015. Motion carried 3-0.
Telecommunications
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Clarity Telecom, LLC (Clarity), asked for Commission approval of Clarity's tariff revisions. Ms. Lorena Reichert, staff analyst, recommended that the Commission approve Clarity's request effective July 1, 2015.
Commissioner Nelson moved to approve Clarity Telecom, LLC's Revisions to its Access Service Tariff No. 2 effective July 1, 2015. Motion carried 3-0.
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Clarity Telecom, LLC (Clarity), asked that the Commission grant approval to Clarity's tariff revisions. Ms. Lorena Reichert, staff analyst, recommended that the Commission approve Clarity's request effective July 1, 2015.
Commissioner Hanson moved to approve Clarity Telecom, LLC's Revisions to its Access Service Tariff No. 3 effective July 1, 2015. Motion carried 3-0.
Mr. Jason Topp, CenturyLink Communications, LLC (CenturyLink), asked that the Commission allow the withdrawal of CenturyLink's Petition to Intervene. Mr. Carey Roesel, Technologies Management, Inc., representing Native American Telecom, LLC (NAT), stated NAT had no objection to CenturyLink's request.
Commissioner Fiegen moved to grant CenturyLink's request to withdraw its Petition to Intervene. Motion carried 3-0.
4. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC15-036, TC15-038, TC15-039, TC15-041, TC15-044, TC15-045, TC15-047, TC15-049, TC15-053 and TC15-055.
Ms. Margo Northrup, representing RT Communications, Inc., asked 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 RT Communications, Inc.'s request.
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup LLP, representing West River Telecommunications Cooperative (Mobridge), asked 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 West River Telecommunications Cooperative's (Mobridge) request.
Ms. Marlene Bennett, Consortia Consulting, representing Beresford Municipal Telephone Company, asked 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 Beresford Municipal Telephone Company's request.
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup LLP, representing Golden West Telecommunications Cooperative, Inc., asked 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 Golden West Telecommunications Cooperative, Inc.'s request.
Ms. Pat Knutson, Farmers Mutual Telephone Company, asked 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 Farmers Mutual Telephone Company's request.
Ms. Donna Thiel, Red River Rural Telephone Association dba Red River, asked 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 Red River Rural Telephone Association dba Red River's request.
Mr. Bruce Hanson, Fort Randall Telephone Company, asked 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 Fort Randall Telephone Company's request.
TC15-049 In the Matter of the Request of Qwest Corporation dba CenturyLink QC for Certification Regarding Its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Adam de Hueck)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Eric Paulson, staff analyst, recommended that the Commission grant Qwest Corporation dba CenturyLink QC's request.
Mr. Paul Bergmann, Long Lines Wireless, LLC, asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Joe Rezac, staff analyst, recommended that the Commission grant Long Line's request.
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup LLP, representing Santel Communications Cooperative, Inc., asked that the Commission provide certification to the Federal Communications Commission and to the USAC regarding the proper use of federal universal service support. Mr. Eric Paulson, staff analyst, recommended that the Commission grant Santel Communications Cooperative, Inc.'s request.
In dockets TC15-036, TC15-038, TC15-039, TC15-041, TC15-044, TC15-045, TC15-047, TC15-049, TC15-053 and TC15-055, Commissioner Hanson moved to provide a 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.
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
September 1, 2015
