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South Dakota Public Utilities Commission Meeting
January 19, 2016, at 12:30 P.M. CST
Matthew Training Center, Foss Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Chris Nelson called the meeting to order. Present were: Commissioners: Kristie Fiegen and Gary Hanson; Commission Counsel: Rolayne Wiest and Karen Cremer; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Adam de Hueck; Staff Analysts: Patrick Steffensen, Joseph Rezac, and Lorena Reichert; Consumer Affairs Supervisor: Deb Gregg; and Staff: Katlyn Gustafson, Brittany Olson, and Tina Douglas.
Also present were:
Jim Wilcox, Northern States Power Company dba Xcel Energy; Rich Coit, South Dakota Telecommunications Association; Darla Rogers, Riter, Rogers, Wattier & Northrup LLP, representing South Dakota Rural Electric Association; Bob Mercer, reporter; Pam Bonrud, NorthWestern Corporation dba NorthWestern Energy; Roger Scheibe, South Dakota Dairy Producers; Chris Studer, East River Electric; and Ken Wetz and Ed Anderson, South Dakota Rural Electric Association.
Joining the meeting by telephone were:
Andrew Isar, Millar Isar Inc., representing X5 OpCo LLC; Jason Topp, Qwest Corporation dba CenturyLink QC; Todd Langston, Otter Tail Power Company; Brooks Harlow, Lukas, Nace, Gutierrez & Sachs, LLP, representing Dex Media, Inc.; Sarah Wilson and Greg Supan, Dex Media, Inc.; Kittredge Williams, NorthWestern Corporation dba NorthWestern Energy; Eric Pauli, Jody Londo, Jennifer Roesler, and Kevin Schnack, Northern States Power Company dba Xcel Energy; Dave Eide, Codington-Clark Electric Cooperative, Inc.; and Ted Smith, Sioux Valley Energy fka Southwestern Electric Cooperative Inc.
Administration
1. Approval of the minutes of the Commission meetings held on December 22, 2015, and January 5, 2016. (Staff: Joy Lashley)
Commissioner Fiegen moved to approve the minutes of the Commission meetings held on December 22, 2015, and January 5, 2016. 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 41 contacts since the last report was prepared for the January 5, 2016, Commission meeting.
Four contacts involved telecommunication services, 14 contacts involved electrical services, two contacts were related to natural gas service, five contacts were related to wireless service, nine contacts were related to the Do Not Call Registry, one contact was related to the Keystone XL Pipeline, and six contacts were related to issues not regulated by the PUC.
Complaints received in 2014: 1,914 of the 1,916 have been resolved.
Complaints received in 2015: 1,994 of the 1,995 have been resolved.
Complaints received in 2016: 43 of the 49 have been resolved.
Electric
Mr. Jim Wilcox, Northern States Power Company dba Xcel Energy (Xcel), asked that the Commission approve Xcel’s tariff revisions.
Commissioner Fiegen moved to approve Xcel’s tariff revisions with the changes that have been made. Motion carried 3-0.
Rule Making
A lengthy discussion took place regarding docket RM15-001. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2016, January 19, 2016, recording located at: http://puc.sd.gov/commission/media/2016/1004.mp3.
Commissioner Nelson moved to proceed with a formal rulemaking docket incorporating the consensus changes made by the Commission at the January 19, 2016, Commission meeting, into the draft rules that go into the formal rulemaking process. Motion carried 3-0.
Telecommunications
A lengthy discussion took place regarding docket TC15-069. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2016, January 19, 2016, recording located at: http://puc.sd.gov/commission/media/2016/1004.mp3. The discussion addressed the motion on the floor from the January 5, 2016, Commission meeting regarding a declaratory ruling finding that for any telephone company required to provide local directory access, the directory can be provided in an electronic format as long as a written directory is made available to customers upon request.
Commissioner Fiegen moved to amend the motion from the January 5, 2016, Commission meeting, to include a standing order option for customers who request a printed copy of the directory. Motion carried 2-1. Commissioner Nelson dissented.
Motion as amended carried 3-0.
Mr. Andrew Isar, Millar Isar Inc., representing X5 OpCO LLC (X5), asked that the Commission grant approval of X5’s application for a Certificate of Authority to provide interexchange long distance services throughout South Dakota. Specifically, X5 proposes to offer intraLATA and interLATA interexchange telecommunications services. Ms. Lorena Reichert, staff analyst, recommended approval of granting the certificate of authority to provide interexchange service with the restriction that X5 not offer any prepaid services, including prepaid calling cards, and does not accept or require any deposits or advance payments, for retail purposes, without prior approval of the Commission.
Commissioner Nelson moved to grant X5 OpCO LLC’s request for a Certificate of Authority to provide interexchange services in South Dakota with the conditions outlined by staff. Motion carried 3-0.
There being no further business, at the hour of 1:38 p.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
January 19, 2016
