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South Dakota Public Utilities Commission Meeting
August 2, 2016, 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: Kristie Fiegen; Commission Counsel: Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Darren Kearney, Joseph Rezac, Eric Paulson, Brittany Mehlhaff, Patrick Steffensen, and Jon Thurber; Consumer Affairs Supervisor: Deb Gregg; and Staff: Katlyn Gustafson.
Also present was:
Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing South Dakota Rural Electric Association, Clarity Telecom, LLC dba Vast Broadband, RC Technologies, South Dakota Telecommunications Association, and West River Telecommunications Cooperative; Brett Koenecke, May, Adam, Gerdes and Thompson, LLP, representing Clarity Telecom, LLC dba Vast Broadband and Dakota Plains Ag Center, LLC; Jim Gleason, Clarity Telecom, LLC dba Vast Broadband; Darla Rogers, Riter, Rogers, Wattier & Northrup, LLP, representing Venture Communications Cooperative; and Jason Keil, Todd Brink, Brent Boczenius, and Daniel Kline, Black Hills Power, Inc. dba Black Hills Energy.
Joining the meeting by telephone were:
Commissioner: Gary Hanson; Wayne Johnson, Qwest Corporation dba CenturyLink; Robin Thoreson, RC Technologies; Meredith Moore and Ryan Taylor, Cutler & Donahoe LLP, representing Midstate Communications, Inc., Premier Communications, Inc., dba Premier Communications, and SDTA; Ronald Gogolin and Al Brogan, NorthWestern Corporation dba NorthWestern Energy; Diane Votino, Amanda Hosch, Jennifer Moore, John Palmolea, and Neil Hammer, MidAmerican Energy Company; Brian Bultje, Central Electric Cooperative, Inc.; Talbot Wieczorek, Gunderson, Palmer, Nelson & Ashmore, LLP, representing MCC Telephony of the Midwest, Inc. dba Mediacom; Nick Moser, Johnson, Miner, Marlow, Woodward & Huff, Prof. LLC, representing Bon Homme Yankton Electric Association, Inc.; Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy, Prendergast, LLP, representing Brookings Municipal Utilities dba Swiftel Communications; Richard Helsper and Laura Julius, Brookings Municipal Utilities dba Swiftel Communications; Pat Mastel, Midcontinent Communications; Brett Ferenchak, Morgan, Lewis and Bockius LLP, representing Zayo Group, LLC; John Kuykendall and Marty Kluh, Clarity Telecom, LLC dba Vast Broadband; and Michelle Perreault, Beverly Huber, and Troy Schilling, West River Telecommunications Cooperative.
Administration
1. Approval of the minutes of the Commission meeting held on July 19, 2016. (Staff: Joy Lashley)
Commissioner Fiegen moved to approve the minutes of the Commission meeting held on July 19, 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 86 contacts since the last report was prepared for the July 19, 2016, Commission meeting.
Eleven contacts involved telecommunication services, 22 contacts involved electrical services, seven contacts were related to natural gas services, one contact was related to gas and electric service, eight contacts were related to wireless service, 12 contacts were related to the Do Not Call Registry, two contacts were related to the Dakota Access Pipeline, two contacts were related to Wind Energy and 21 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 2016: 797 of the 825 have been resolved.
Electric
A lengthy discussion took place regarding docket EL15-051. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2016, August 2, 2016, recording located at: http://puc.sd.gov/commission/media/2016/puc08022016.mp3.
Commissioner Nelson moved to approve the vegetation management activities from December 2014 through November 2015, and the Vegetation Management Regulatory Asset balance as of November 30, 2015, subject to the condition that such approval shall not preclude Commission review of the project, including project and cost management, accounting data and methods, and the resulting balance in the regulatory asset, for prudence and reasonableness for rate recovery in any determination of rates, including both rate filings by BHP and rate reviews initiated by the Commission. Motion carried 3-0.
Mr. Jason Keil, Black Hills Power, Inc. dba Black Hills Energy (BHE), asked that the Commission approve the 2016 through 2018 vegetation management budget. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commissioner approve BHE’s request, subject to the condition as stated in the agenda.
Commissioner Nelson moved to approve the 2016 through 2018 vegetation management budget, subject to the condition that such approval shall not preclude Commission review of the project, including project and cost management, accounting data and methods, and the resulting balance in the regulatory asset, for prudence and reasonableness for rate recovery in any determination of rates, including both rate filings by BHE and rate reviews initiated by the Commission. Motion carried 3-0.
Mr. Brett Koenecke, May, Adam, Gerdes and Thompson, LLP, representing Dakota Plains Ag Center, LLC (Dakota Plains), asked that the Commission grant approval to Dakota Plains request to dismiss and close the docket. Ms. Kristen Edwards, staff attorney, recommended that the Commission dismiss and close the docket.
Commissioner Fiegen moved to dismiss the petition and close the docket. Motion carried 3-0.
Mr. Al Brogan, NorthWestern Corporation dba NorthWestern Energy (NorthWestern), asked that the Commission grant the motion to dismiss. Ms. Kristen Edwards, staff attorney, recommended that the Commission approve NorthWestern’s request.
Commissioner Nelson moved to grant the Motion to Dismiss. Motion carried 3-0.
Ms. Jennifer Moore, MidAmerican Energy Company (MidAmerican), asked that the Commission approve MidAmerican’s tariff revisions with an effective date of August 15, 2016. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve MidAmerican’s request.
Commissioner Fiegen moved to approve MidAmerican’s tariff revisions with an effective date of August 15, 2016. Motion carried 3-0.
Mr. Ron Gogolin, NorthWestern Corporation dba NorthWestern Energy, asked that the Commission approve the requested service rights exception between NorthWestern Energy and Central Electric Cooperative, Inc. (Central Electric). Mr. Brian Bultje, Central Electric, stated Central Electric had no objection to NorthWestern Energy’s request. Ms. Amanda Reiss, staff attorney, recommended that the Commission approve the service rights exception.
Commissioner Hanson moved to approve the requested service rights exception between NorthWestern Energy and Central Electric. Motion carried 3-0.
Telecommunications
A lengthy discussion took place regarding docket TC16-009. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2016, August 2, 2016, recording located at: http://puc.sd.gov/commission/media/2016/puc08022016.mp3.
Commissioner Nelson moved to grant intervention to SDTA, Brookings Municipal Utilities dba Swiftel Communications, and MCC Telephony of the Midwest, Inc. dba Mediacom. Motion carried 3-0.
2. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC16-016, TC16-025, TC16-026, and TC16-030.
Ms. Margo Northrup, 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 Mobridge’s request.
Commissioner Nelson 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.
A lengthy discussion took place regarding docket TC16-025. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2016, August 2, 2016, recording located at: http://puc.sd.gov/commission/media/2016/puc08022016.mp3.
Commissioner Nelson 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.
Ms. Margo Northrup, Wattier & Northrup, LLP, representing RC Technologies, 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 RC Technologies request.
Commissioner Fiegen 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.
Mr. Ryan Taylor, Cutler & Donahoe LLP, representing Midstate 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. Eric Paulson, staff analyst, recommended that the Commission grant Midstate Communications, Inc.’s request.
Commissioner Nelson 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.
Mr. Pat Mastel, Midcontinent Communications (Midco), asked that the Commission approve Midco’s tariff revisions. Mr. Patrick Steffensen, staff analyst, recommended that the Commission grant approval to Midco’s request, with an effective date of July 16, 2016.
Commissioner Fiegen moved to approve Midcontinent Communications’ Revisions to its Access Services Tariff effective July 16, 2016. Motion carried 3-0.
Mr. Ryan Taylor, Cutler & Donahoe LLP, representing Premier Communications, Inc., dba Premier Communications (Premier), asked that the Commission grant Premier’s Certificate of Authority to provide local exchange services in South Dakota. Mr. Patrick Steffensen, staff analyst, recommended that the Commission grant approval to Premier with the conditions that, for retail purposes, Premier not offer any prepaid services, including prepaid calling cards, and not accept or require any deposits or advance payments without prior approval of the Commission.
Commissioner Nelson moved to grant Premier Communications, Inc., dba Premier Communication’s request for a Certificate of Authority to provide interexchange services in South Dakota, with the conditions outlined by staff. Motion carried 3-0.
Mr. Pat Mastel, Midcontinent Communications (Midco), asked that the Commission withdraw Midco’s Application.
Commissioner Fiegen moved to grant Midco’s request to withdraw its Application. Motion carried 3-0.
Mr. Brett Ferenchak, representing Zayo Group, LLC (Zayo), asked that the Commission approve Zayo’s request to withdraw its Access Services Tariff No. 1, effective July 27, 2016. Ms. Kristen Edwards, staff attorney, recommended that the Commission approve Zayo’s request.
Commissioner Nelson moved to grant Zayo Group, LLC’s request to withdraw its Access Services Tariff No. 1, effective July 27, 2016. Motion carried 3-0.
Ms. Margo Northrup, Wattier & Northrup, LLP, representing Clarity Telecom, LLC (Clarity), asked that the Commission approve Clarity’s tariff revisions, effective July 1, 2016. Mr. Eric Paulson, staff analyst, recommended that the Commission approve Clarity’s request.
Commissioner Hanson moved to approve Clarity Telecom, LLC’s Revisions to its Access Service Tariff No. 2, effective July 1, 2016.Motion carried 3-0.
Ms. Margo Northrup, Wattier & Northrup, LLP, representing Clarity Telecom, LLC (Clarity), asked that the Commission approve Clarity’s tariff revisions, effective July 1, 2016. Mr. Eric Paulson, staff analyst, recommended that the Commission approve Clarity’s request.
Commissioner Nelson moved to approve Clarity Telecom, LLC’s Revisions to its Access Service Tariff No. 3, effective July 1, 2016. Motion carried 3-0.
Mr. Wayne Johnson, Qwest Corporation dba CenturyLink (CenturyLink), asked that the Commission approve CenturyLink’s waiver of the utilization threshold requirements. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve CenturyLink’s request.
Commissioner Fiegen moved to approve the request for waiver of utilization threshold requirements. Motion carried 3-0.
There being no further business, at the hour of 11:48 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
August 2, 2016
