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South Dakota Public Utilities Commission Meeting
September 27, 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:
Marlene Bennett, Consortia Consulting, representing ATV Holdings dba Mitchell Telecom; Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing South Dakota Telecommunications Association; Gordon Woods, South Dakota Intrastate Pipeline Co.; Paul Bachand, Moreno, Lee & Bachand, P.C., representing South Dakota Intrastate Pipeline Co.; and Brett Koenecke, May, Adam, Gerdes and Thompson, LLP, representing Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc.
Joining the meeting by telephone were:
Commissioner: Kristie Fiegen; Tamie Aberle, Montana-Dakota Utilities Co.; Thomas Forte, Technologies Management Inc., representing eNetworks, LLC; and Michael Donahue, CallCatchers Inc. dba FreedomVoice Systems.
Administration
1. Approval of the minutes of the Commission meeting held on September 13, 2016. (Staff: Joy Lashley)
Commissioner Fiegen moved to approve the minutes of the Commission meeting held on September 13, 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 56 contacts since the last report was prepared for the September 13, 2016 Commission meeting.
Ten contacts involved telecommunication services, 11 contacts involved electrical services, six contacts were related to natural gas services, one contact was related to wireless service, nine contacts were related to the Do Not Call Registry, one contact was related to the Dakota Access Pipeline, one contact was related to Wind Energy 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: 1,062 of the 1,089 have been resolved.
Natural Gas
1. NG16-006 In the Matter of the Complaint of Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc., regarding South Dakota Intrastate Pipeline Company’s Rates for Pipeline Transportation Service (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)
Mr. Brett Koenecke, May, Adam, Gerdes and Thompson, LLP, representing Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. (MDU), stated that the Settlement Agreement resolves the issues in the docket. Mr. Paul Bachand, Moreno, Lee & Bachand, P.C., representing The South Dakota Intrastate Pipeline Co. (SDIP), stated that the Settlement Agreement is a reasonable solution. Ms. Amanda Reiss, staff attorney, stated that the parties have come to an agreement and asked that the Commission approve the Joint Motion to Approve Settlement Agreement and close the docket.
Commissioner Hanson moved to grant the Joint Motion to Approve Settlement Agreement and close the docket. Motion carried 3-0.
Telecommunications
1. TC16-011 In the Matter of the Application of CallCatchers Inc. dba FreedomVoice Systems for a Certificate of Authority to Provide Interexchange Long Distance Services in South Dakota (Staff Analyst: Lorena Reichert; Staff Attorney: Kristen Edwards)
Mr. Michael Donahue, CallCatchers Inc. dba FreedomVoice Systems (FreedomVoice), asked that the Commission grant FreedomVoice’s Certificate of Authority to provide interexchange long distance exchange services in South Dakota. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant approval to FreedomVoice with the condition that FreedomVoice Systems post a $25,000 surety bond.
Commissioner Nelson moved to grant CallCatchers Inc. dba FreedomVoice Systems’ request for a Certificate of Authority to Provide Interexchange Services in South Dakota, subject to staff's recommendations. Motion carried 3-0.
2. TC16-050 In the Matter of the Application of eNetworks, LLC for a Certificate of Authority to Provide Local Exchange Services in South Dakota (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing South Dakota Telecommunications Association (SDTA), asked that the Commission grant withdrawal of intervention. Mr. Thomas Forte, Technologies Management Inc., representing eNetworks, LLC (eNetworks), stated eNetworks doesn’t object to SDTA’s request. Ms. Amanda Reiss, staff attorney, also stated staff does not object to SDTA’s request.
Commissioner Fiegen moved to grant the withdrawal of intervenor status as requested by the party.Motion carried 3-0.
3. TC16-054 In the Matter of the Filing by ATV Holdings dba Mitchell Telecom for Approval of its Access Services Tariff No. 1 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Marlene Bennett, Consortia Consulting, representing ATV Holdings dba Mitchell Telecom, asked that the Commission approve ATV Holdings dba Mitchell Telecom’s Access Services Tariff No. 1. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve ATV Holdings dba Mitchell Telecom’s request.
Commissioner Hanson moved to approve ATV Holdings dba Mitchell Telecom’s Access Services Tariff No. 1. Motion carried 3-0.
There being no further business, at the hour of 9:47 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
September 27, 2016
