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South Dakota Public Utilities Commission Meeting
August 16, 2016, at 9:30 A.M. CDT
Room 414, Capitol 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: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Darren Kearney, Joseph Rezac, Eric Paulson, Brittany Mehlhaff, Lorena Reichert, and Jon Thurber; Consumer Affairs Supervisor: Deb Gregg; and Staff: Katlyn Gustafson.
Also present was:
Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Valley Telecommunications Cooperative Association, Inc. and Venture Communications Cooperative; and Brian Rounds, AESL Consulting.
Joining the meeting by telephone were:
Ryan Thompson, Santel Communications Cooperative, Inc.; Eric Erickson, Ryan Taylor, Cutler & Donahoe LLP, representing Alliance Communications Cooperative, Inc. and ATV Holdings, LLC dba Mitchell Telecom; Meredith Moore, Cutler & Donahoe LLP, representing Interstate Telecommunications Cooperative, Inc. fka SSTELCOM, Inc. and Interstate Telecommunications Cooperative, Inc.; Tracy Bandermer, Interstate Telecommunications Cooperative, Inc. and Interstate Telecommunications Cooperative, Inc. fka SSTELCOM, Inc.; William Taylor, Taylor Law Firm, LLC; Juhl Energy, Inc.; Jason Topp, Qwest Corporation dba CenturyLink; Lee Magnuson, Lindquist & Vennum, LLP, representing Black Hills Power, Inc. dba Black Hills Energy; Patrick Joyce, Black Hills Power, Inc. dba Black Hills Energy; Pat Mastel, Midcontinent Communications; Mary Sisak, City of Brookings Municipal Telephone and Brookings Municipal Telephone dba Swiftel Communications; Tom Tobin, Tobin Law Offices, representing Sprint Communications Company L.P.; Laura Julius, Steve Meyer, and Curt Kabris, Brookings Municipal Utilities dba Swiftel Communications; Marlene Bennett, Consortia Consulting, representing Kennebec Telephone Co., Inc. and Valley Telecommunications Cooperative Association, Inc.; Scott Knudson, Briggs and Morgan, P.A., representing Sprint Communications Company L.P.; Al Brogan and Pam Bonrud, NorthWestern Corporation dba NorthWestern Energy; Dylan Wright, Uda Law Firm, P.C.; representing Juhl Energy, Inc.; Jeff Symens, Valley Telecommunications Cooperative Association, Inc.; and Janelle Jessen, Venture Communications Cooperative.
Administration
1. Approval of the Minutes of the Commission Meeting Held on August 2, 2016. (Staff: Joy Lashley)
Commissioner Fiegen moved to approve the minutes of the Commission meeting held on August 2, 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 60 contacts since the last report was prepared for the August 2, 2016, Commission meeting.
Seven contacts involved telecommunication services, 18 contacts involved electrical services, eight contacts were related to wireless service, eight contacts were related to the Do Not Call Registry, one contact was related to Wind Energy, one contact was related to One Call and 17 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: 866 of the 886 have been resolvedElectric
1. EL15-036 In the Matter of the Application of Black Hills Power, Inc. for Approval of Tariff Revisions Related to its Cost of Service Gas Agreement with Black Hills Utility Holdings, Inc. (Staff Analyst: Brittany Mehlhaff, Eric Paulson; Staff Attorney: Adam de Hueck)
Mr. Lee Magnuson, Lindquist & Vennum, LLP, representing Black Hills Power, Inc. (BHP), asked that the Commission approve BHP's Motion to Withdraw the Application Without Prejudice and to Terminate the Pending Procedural Schedule. Mr. Adam de Hueck, staff attorney, recommended that the Commission approve BHP's request.
Commissioner Hanson moved to grant Black Hills Power, Inc.'s Motion to Withdraw the Application Without Prejudice and to Terminate the Pending Procedural Schedule. Motion carried 3-0.
2. EL16-021 In the Matter of the Complaint by Juhl Energy, Inc. against NorthWestern Corporation dba NorthWestern Energy for Establishing a Purchase Power Agreement (Staff Analysts: Darren Kearney, Joseph Rezac, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)
Ms. Kristen Edwards, staff attorney, asked that the Commission adopt staff's recommendations for the procedural schedule. Mr. William Taylor, Taylor Law Firm, LLC, representing Juhl Energy, Inc. and Al Brogan, NorthWestern Corporation dba NorthWestern Energy, did not object to staff's procedural schedule.
Commissioner Fiegen moved that the Commission adopt the procedural schedule presented by staff. Motion carried 3-0.
Gas and Electric
1. GE16-003 In the Matter of the Filing by MidAmerican Energy Company for Approval of Revised Welcome Brochure (Staff Analyst: Jon Thurber; Staff Attorney: Kristen Edwards)
Mr. Jon Thurber, staff analyst, recommended that the Commission defer the docket until the next Commission meeting.
Telecommunications
1. TC14-084 In the Matter of the Complaint by Sprint Communications Company L.P. Against Native American Telecom-Pine Ridge, LLC Regarding Telecommunications Services (Staff Analyst: Joseph Rezac; Staff Attorney: Karen Cremer)
Mr. Tom Tobin, Tobin Law Offices, representing Sprint Communications Company L.P. (Sprint), asked that the Commission dismiss the complaint without prejudice and close the docket. Ms. Karen Cremer, staff attorney, recommended that the Commission approve Sprint's request.
Commissioner Hanson moved to dismiss the complaint without prejudice and close the docket. Motion carried 3-0.
2. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC16-012, TC16-013, TC16-015, TC16-024, TC16-027, TC16-028, TC16-029, TC16-034, TC16-035 and TC16-036.
TC16-012 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., Study Area Codes: Interstate Telecommunications Cooperative–391654 and Stockholm Standburg–391679 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Meredith Moore, Cutler & Donahoe LLP, representing Interstate 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. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant Interstate Telecommunications Cooperative, Inc. request.
TC16-013 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., Study Area: SSTELECOM, Inc., Study Area: 399013 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Meredith Moore, Cutler & Donahoe LLP, representing Interstate Telecommunications Cooperative, Inc., fka: SSTELECOM, 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. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant Interstate Telecommunications Cooperative, Inc.'s, fka SSTELECOM, Inc.'s request.
TC16-015 In the Matter of the Request of Alliance Communications Cooperative, Inc. Study Areas: Splitrock–391657, Baltic–391642, Hills–391405 for Certification Regarding Its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Ryan Taylor, Cutler & Donahoe LLP, representing Alliance 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. Joseph Rezac, staff analyst, recommended that the Commission grant Alliance Communications Cooperative, Inc.'s request.
TC16-024 In the Matter of the Request of Kennebec Telephone Co., Inc. Study Area: 391668 for Certification Regarding Its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Marlene Bennett, Consortia Consulting, representing Kennebec Telephone Co., 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 Kennebec Telephone Co., Inc.'s request.
TC16-027 In the Matter of the Request of Venture Communications Cooperative Study Area: Venture Communication Cooperative–391680 and Western Telephone Co.–391688 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Venture Communications Cooperative, 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 Venture Communications Cooperative's request.
TC16-028 In the Matter of the Request of Midcontinent Communications Study Area: 399005 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Pat Mastel, Midcontinent Communications, 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 Midcontinent Communications' request.
TC16-029 In the Matter of the Request of Valley Telecommunications Cooperative Association, Inc. Study Area: 391685 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Valley Telecommunications Cooperative Association, 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 Valley Telecommunications Cooperative Association, Inc.'s request.
TC16-034 In the Matter of the Request of Santel Communications Cooperative, Inc. Study Area: 391676 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Ryan Thompson, 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.
TC16-035 In the Matter of the Request of City of Brookings Municipal Telephone Study Area: 391650 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Ms. Mary Sisak, City of Brookings Municipal Telephone, 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 City of Brookings Municipal Telephone's request.
TC16-036 In the Matter of the Request of Brookings Municipal Telephone dba Swiftel Communications Study Area: 399009 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Ms. Mary Sisak, Brookings Municipal Telephone dba Swiftel Communications, 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 Brookings Municipal Telephone dba Swiftel Communications' request.
In dockets TC16-012, TC16-013, TC16-015, TC16-024, TC16-027, TC16-028, TC16-029, TC16-034, TC16-035 and TC16-036, 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 in each of the above dockets. Motion carried 3-0.
3. TC16-046 In the Matter of the Application of ATV Holdings, LLC dba Mitchell Telecom for a Certificate of Authority to Provide Local Exchange Services in South Dakota (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Mr. Ryan Taylor, Cutler & Donahoe LLP, representing ATV Holdings, LLC dba Mitchell Telecom (ATV Holdings), asked that the Commission grant ATV Holding's Certificate of Authority to provide local exchange services in South Dakota. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission grant to ATV Holdings with the conditions that, for retail purposes, ATV Holdings 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, and subject to rural safeguards if the Commission finds a waiver is necessary. Ms. Mehlhaff also recommended that the Commission grant a waiver of ARSD 20:10:32:03(12).
Commissioner Nelson moved to grant ATV Holdings, LLC dba Mitchell Telecom's request for a Certificate of Authority to Provide Local Exchange Services in South Dakota, with the conditions outlined by staff and grant a waiver of ARSD 20:10:32:03(12). Motion carried 3-0.
4. TC16-049 In the Matter of the Approval of a Microduct Language and Rate Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and CenturyLink Communications, LLC (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC and CenturyLink Communications, LLC, asked that the Commission approve the amendment to the interconnection agreement. Ms. Kristen Edwards, staff attorney, stated that the agreement was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Edwards recommended that the Commission grant approval.
Commissioner Nelson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
There being no further business, at the hour of 10:12 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
August 16, 2016
