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South Dakota Public Utilities Commission Meeting
November 24, 2015, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Chris Nelson called the meeting to order. Present were: Commissioner: Kristie Fiegen; Commission Counsel: Rolayne Wiest and Karen Cremer; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Adam de Hueck; Staff Analysts: Brian Rounds, Darren Kearney, Patrick Steffensen, Joseph Rezac, and Lorena Reichert; Finance Manager: Cindy Kemnitz; and Staff: Katlyn Gustafson.

Also present were:
Mr. Rich Coit, South Dakota Telecommunications Association; and Mr. Brett Koenecke, May, Adam, Gerdes and Thompson, LLP, representing Northern States Power Company dba Xcel Energy.

Joining the meeting by telephone were:
Gary Hanson, Commissioner; Carey Roesel, Technologies Management, Inc., representing Native American Telecom, LLC; and Alison Archer and Deb Paulson, Northern States Power Company dba Xcel Energy.

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 34 contacts since the last report was prepared for the November 12, 2015 Commission meeting.

5 contacts involved telecommunication services, 9 contacts involved electrical services, 2 contacts were related to natural gas service, 2 contacts were related to wireless service, 9 contacts were related to the Do Not Call Registry, 3 contacts were related to the Dakota Access Pipeline and 4 contacts were related to issues not regulated by the PUC.

1,914 of the 1,916 complaints received in 2014 have been resolved.

1,843 of the 1,864 complaints received in 2015 have been resolved.

Electric

1.     EL15-039     In the Matter of the Request by Trinity Point, LLC for a Variance to the Separate Metering Requirement in ARSD 20:10:26:03(4) for a 48 Unit Multi-Family Housing Structure in Sioux Falls, South Dakota. (Staff Analyst: Darren Kearney; Staff Attorney: Adam de Hueck)

Mr. Darren Kearney, staff analyst, recommended that the Commission grant Trinity Point’s request to withdraw the docket.

     Commissioner Fiegen moved to grant Trinity Point’s request to withdraw the docket.  Motion carried 3-0.

2.     EL15-040     In the Matter of the Request by Aberdeen Housing Authority for a Variance to the Separate Metering Requirement in ARSD 20:10:26:03(4) for a 40 Unit Multi-Family Housing Structure in Aberdeen, South Dakota (Staff Analyst: Darren Kearney; Staff Attorney: Adam de Hueck)

3.     EL15-041     In the Matter of the Request by SF Housing Ministry, LLC for a Variance to the Separate Metering Requirement in ARSD 20:10:26:03(4) for a 39 Unit Multi-Family Housing Structure in Sioux Falls, South Dakota (Staff Analyst: Darren Kearney; Staff Attorney: Adam de Hueck)

     In dockets EL15-040 and EL15-041, Commissioner Fiegen moved for a continuance.  Motion carried 3-0.

4.     EL15-043      In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of its Petition of Changes to the Street Lighting Energy Service Tariff to Provide a Customer-Owned Light Emitting Diode (LED) Street Lighting Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

Ms. Deb Paulson, Northern States Power Company dba Xcel Energy (Xcel), asked for Commission approval of its petition of changes to the street lighting energy service tariff to provide a customer-owned Light Emitting Diode (LED) Street Lighting Rate. Ms. Paulson stated the petition establishes a new rate for non-metered, customer-owned LED street lighting.  Mr. Joseph Rezac, staff analyst, recommended that the Commission grant Xcel’s request.

     Commissioner Nelson moved to approve Xcel’s revised tariff sheet. Motion carried 3-0.

Rule Making

1.     RM13-002     In the Matter of the Consideration of Standards to Govern Avoided Cost Determinations (Staff Analyst: Brian Rounds; Staff Attorney: Karen Cremer)

Mr. Brian Rounds, staff analyst, recommended that the Commission set a schedule for any interested person wishing to submit initial comments.

     Commissioner Nelson moved that any interested person wishing to submit comments in this docket on the draft rules filed by Staff shall file initial comments by February 1, 2016 and responsive comments shall be filed by March 1, 2016.  Motion carried 3-0.

Telecommunications

1.      In the Matter of the Failure of Certain Telecommunications Companies to Timely Pay their Gross Receipts Tax (Finance Manager: Cindy Kemnitz)

Ms. Cindy Kemnitz, Finance Manager, recommended that the Commission remove the following companies from the delinquency list as the companies paid their Gross Receipts Tax and penalty: Citizens Telecommunications Company of Minnesota, Inc., AccessLine Communications Corporation, and T-Mobile Central LLC. Ms. Kemnitz also recommended that the Commission defer action on Lycamobile USA, Inc., until the December 8, 2015, Commission meeting.

     The Commission deferred Lycamobile USA, Inc. until the December 8, 2015, Commission meeting.

2.     TC15-059     In the Matter of the Filing by Native American Telecom, LLC for Approval of Revisions to its Access Service Tariff No. 2 (Staff Analyst: Lorena Reichert; Staff Attorney: Adam de Hueck)

A lengthy discussion took place regarding docket TC15-059. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2015, November 24, 2015, recording located at: http://puc.sd.gov/commission/media/2015/puc11242015.mp3.

     The Commission deferred the docket until the December 8, 2015, Commission meeting.

There being no further business, at the hour of 9:55 a.m. the South Dakota Public Utilities Commission meeting adjourned.

/s/Joy Lashley     .
Joy Lashley
Administrative Assistant
PUC Email
November 24, 2015