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South Dakota Public Utilities Commission Meeting
September 13, 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: Gary Hanson; Commission Counsel: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Patrick Steffensen, 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 City of Faith Municipal Telephone Company and RT Communications Inc.; Rich Coit, South Dakota Telecommunications Association; and Bob Mercer, newspaper reporter.
Joining the meeting by telephone were:
Commissioner: Kristie Fiegen; Wayne Johnson and Mark Harper, Qwest Corporation dba CenturyLink QC; Valerie Hanson and Renee White, MidAmerican Energy Company; John Kuykendal and Paul Nesenson, John Staurulakis, Inc., representing West River Cooperative Telephone Company; Colgan Huber, West River Cooperative Telephone Company; Marlene Bennett, Consortia Consulting, representing Faith Municipal Telephone Company; Jim Wilcox, Northern States Power Company dba Xcel Energy; Lee Magnuson, Lindquist & Vennum, LLP, representing Prevailing Winds, LLC; Ron Hornstra and Roland Jurgens, Prevailing Winds, LLC; Mary Jo Bielger, Park Region Telephone Company representing Valley Telephone Company; Ms. Donna Thiel, Red River Rural Telephone Association dba Red River Communications; Jeff Decker, NorthWestern Corporation dba NorthWestern Energy; Jason Hendricks, RT Communications, Inc.; Debbie Brown, City of Faith Municipal Telephone Company; Tino Harris and Pete Beithon, Otter Tail Power Company; Paul Bergmann, Jefferson Telephone Company; and Reece Almond, representing landowners.
Administration
1. Approval of the minutes of the Commission meeting held on August 30, 2016. (Staff: Joy Lashley)
Commissioner Fiegen moved to approve the minutes of the Commission meeting held on August 30, 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 30, 2016, Commission meeting.
Eight contacts involved telecommunication services, 21 contacts involved electrical services, two contacts were related to natural gas services, four contacts were related to wireless service, four contacts were related to the Do Not Call Registry, seven contacts were related to the Dakota Access Pipeline, one contact was related to the Keystone XL Pipeline, one contact was related to One Call, one contact was related to Grain Warehouse and 11 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: 1,007 of the 1,033 have been resolved.
Electric
1. EL16-022 In the Matter of the Application by Prevailing Winds, LLC for a Wind Energy Facility Permit for the Prevailing Winds Wind Energy Facility (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Amanda Reiss, Kristen Edwards)
Mr. Lee Magnuson, Lindquist & Vennum, LLP, representing Prevailing Winds, LLC (Prevailing Winds), asked that the Commission grant Prevailing Winds’ motion to withdraw its application without prejudice. Ms. Amanda Reiss, staff attorney, recommended that the Commission grant Prevailing Winds’ request.
Commissioner Nelson moved to grant the Motion to Withdraw the Application Without Prejudice. Motion carried 3-0.
2. EL16-029 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions to Update Its Communities Served (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Valerie Hanson, MidAmerican Energy Company (MidAmerican), asked that the Commission approve MidAmerican’s tariff revisions with an effective date of September 19, 2016. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve MidAmerican’s request.
Commissioner Hanson moved to approve the tariff revisions with an effective date of September 19, 2016. Motion carried 3-0.
3. EL16-030 In the Matter of the Petition of Otter Tail Power Company for Approval of the Environmental Cost Recovery Rider Charge (Staff Analysts: Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, recommended that the Commission assess Otter Tail Power Company (Otter Tail) a filing fee for actual expenses related to the Environmental Cost Recovery Rider not to exceed $50,000. Mr. Pete Beithon, Otter Tail, stated Otter Tail had no objection to the filing fee.
Commissioner Fiegen moved to assess a filing fee for actual expenses related to the Environmental Cost Recovery Rider not to exceed $50,000.Motion carried 3-0.
4. EL16-031 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of its 2017 Transmission Cost Recovery Eligibility and Rate Adjustment (Staff Analysts: Patrick Steffensen, Lorena Reichert; Staff Attorney: Kristen Edwards)
Ms. Kristen Edwards, staff attorney, recommended that the Commission assess Northern States Power Company dba Xcel Energy (Xcel), a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Mr. Jim Wilcox, Xcel, stated Xcel had no objection to the filing fee.
Commissioner Nelson moved to assess a filing fee in the amount of up to $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Motion carried 3-0.
Natural Gas
1. NG16-008 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions to Update Its Communities Served (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Valerie Hanson, MidAmerican Energy Company (MidAmerican), asked that the Commission approve MidAmerican’s tariff revisions with an effective date of September 19, 2016. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve MidAmerican’s request.
Commissioner Fiegen moved to approve the tariff revisions with an effective date of September 19, 2016. Motion carried 3-0.
2. NG16-009 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of its Gas Transportation Tariff Revisions Regarding Fuel Retention Percentage (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy (NorthWestern) asked that the Commission approve NorthWestern’s tariff revisions effective October 1, 2016. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve NorthWestern’s request.
Commissioner Hanson moved to approve the proposed tariff revisions effective October 1, 2016. Motion carried 3-0.
Telecommunications
1. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC16-022, TC16-023, TC16-031, TC16-032, TC16-038, TC16-039 and TC16-042.
TC16-022 In the Matter of the Request of Valley Telephone Company Study Area: 361495 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Mary Jo Biegler, Park Region Telephone Company, representing Valley 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. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant Valley Telephone Company’s request.
TC16-023 In the Matter of the Request of Red River Rural Telephone Association dba Red River Communications Study Area: 381631 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Donna Thiel, Red River Rural Telephone Association dba Red River 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. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant Red River Rural Telephone Association dba Red River Communications’ request.
TC16-031 In the Matter of the Request of Jefferson Telephone Company Study Area: 391666 for Certification Regarding Its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Mr. Paul Bergmann, Jefferson 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. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant Jefferson Telephone Company’s request.
TC16-032 In the Matter of the Request of City of Faith Municipal Telephone Company Study Area: 391653 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 City of Faith 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 Faith Municipal Telephone Company’s request.
TC16-038 In the Matter of the Request of RT Communications, Inc. Study Area: 512251 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, 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. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant RT Communications, Inc.’s request.
TC16-039 In the Matter of the Request of Qwest Corporation dba CenturyLink QC Study Area: 395145 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
A lengthy discussion took place regarding docket TC16-039. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2016, September 13, 2016, recording located at:
http://puc.sd.gov/commission/media/2016/PUC09132016.mp3
TC16-042 In the Matter of the Request of West River Cooperative Telephone Company Study Area 391689 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Mr. Colgan Huber, West River Cooperative 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. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant West River Cooperative Telephone Company’s request.
In Dockets TC16-022, TC16-023, TC16-031, TC16-032, TC16-038, TC16-039 and TC16-042, 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 in each of the above dockets. Motion carried 3-0.
There being no further business, at the hour of 10:02 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
September 13, 2016
