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South Dakota Public Utilities Commission Meeting
October 26, 2016, at 1:30 P.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 Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Darren Kearney, Brittany Mehlhaff, Eric Paulson, Lorena Reichert, Joseph Rezac, Patrick Steffensen, and Jon Thurber; Consumer Affairs Supervisor: Deb Gregg; and Staff: Katlyn Gustafson.
Also present were:
Rich Coit, South Dakota Telecommunications Association; and Bob Mercer, newspaper reporter.
Joining the meeting by telephone were:
Commissioner: Kristie Fiegen; Jason Topp, Qwest Corporation dba CenturyLink QC; Tino Harris and Pete Beithon, Otter Tail Power Company; Michael P. Donahue, Marashlian and Donahue, PLLC, representing Mobilitie Management, LLC; Al Brogan, NorthWestern Corporation dba NorthWestern Energy; Kevin E. Burr, Kutak Rock LLP and Jennifer L. Kostyu, Wilkinson Barker Knauer, LLP, representing: GoDaddy.com, LLC.
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Administration
1. Approval of the minutes of the Ad Hoc Commission meeting held on October 5, 2016, and the Commission meeting held on October 11, 2016. (Staff: Joy Lashley)
Commissioner Nelson moved to approve the minutes of the Ad Hoc Commission meeting held on October 5, 2016, and the Commission meeting held on October 11, 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 44 contacts since the last report was prepared for the October 11, 2016 Commission meeting.
Seven contacts involved telecommunication services, 11 contacts involved electrical services, two contacts were related to natural gas services, two contacts were related to wireless service, five contacts were related to the Do Not Call Registry, two contacts were related to Wind Energy, one contacted was related to the TransCanada Pipeline, three calls were related to One Call 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: 1,178 of the 1,198 have been resolved.
Electric
1. 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)
Mr. Jon Thurber, staff analyst, recommended that the Commission give the Executive Director authority to enter into a consulting contract not to exceed $38,000. Mr. Al Brogan, NorthWestern Corporation dba NorthWestern Energy (NorthWestern Energy), stated that NorthWestern Energy had no objections.
Commissioner Fiegen moved to give the Executive Director authority to enter into a consulting contract not to exceed $38,000. Motion carried 3-0.
2. 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)
Mr. Pete Beithon, Otter Tail Power Company (Otter Tail), stated Otter Tail agreed with staff on their recommendation for this docket. Mr. Eric Paulson, staff analyst, recommended that the Commission approved the revised Environmental Cost Recovery rate effective November 1, 2016. Commissioner Fiegen stated that she would like the customer notice be revised stating that the projects are to meet a federal requirement.
Commissioner Nelson moved to approve Otter Tail Power Company’s revised Environmental Cost Recovery Rider Charge and associated tariff revisions with an effective date of November 1, 2016.Motion carried 3-0.
Telecommunications
1. TC16-005 In the Matter of the Application of Mobilitie Management, LLC for a Certificate of Authority to Provide Local Exchange Services in South Dakota (Staff Analyst: Lorena Reichert; Staff Attorney: Kristen Edwards)
Mr. Michael P. Donahue, Marashlian and Donahue, PLLC, representing Mobilitie Management, LLC (Mobilitie Management), asked that the Commission grant Mobilitie Management’s Certificate of Authority to provide local exchange services in South Dakota. Mr. Donahue also requested the Commission waive ARSD 20:10:32:10. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant approval to Mobilitie Management for a Certificate of Authority to Provide Local Exchange Services in order to provide transport, backhaul, and broadband data and voice services, as well as infrastructure for other carriers, emergency responders, public safety agencies, and backhaul providers. Ms. Reichert stated that staff has carefully reviewed the filing and the company has responded to all of staff’s data requests. Ms. Reichert recommended approval of granting the Certificate of Authority to Provide Local Exchange Services with the restriction that Mobilitie Management 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 and grant approval of waiver. Commissioner Nelson asked the company if they had any objection from excluding subpart 1 of the waiver. Mobilitie Management agreed.
Commission Hanson moved to grant Mobilitie Management’s request for a Certificate of Authority to Provide Local Exchange Services in South Dakota and requested waiver excluding subpart 1 of the waiver of ARSD 20:10:32:10. Motion carried 3-0.
2. TC16-052 In the Matter of the Application of GoDaddy.com, LLC for a Certificate of Authority to Provide Interexchange Long Distance Services in South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. Kevin E. Burr, Kutak Rock LLP, representing GoDaddy.com, LLC (GoDaddy.com), asked that the Commission grant GoDaddy.com Certificate of Authority to provide interexchange services in South Dakota. Mr. Patrick Steffensen, staff analyst, recommended the Commission grant the Certificate of Authority to GoDaddy.com, LLC subject to the continuous $25,000 bond.
Commissioner Fiegen moved to grant GoDaddy.com, LLC’s request for a Certificate of Authority to Provide Interexchange Services in South Dakota subject to the continuous $25,000 bond. Motion carried 3-0.
3. TC16-057 In the Matter of the Approval of a Lifeline/Link Up and Tribal Lifeline Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Enventis Telecom, Inc. dba Consolidated Communications (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), asked that the Commission approve the amendment to the interconnection agreement between Qwest Corporation dba CenturyLink QC and Enventis Telecom, Inc. dba Consolidated Communications. Ms. Amanda Reiss, staff attorney, stated that the amendment was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Reiss recommended that the Commission grant approval.
Commissioner Nelson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
4. TC16-058 In the Matter of the Filing by MCImetro Access Transmission Services Corp. dba Verizon Access Transmission Services for Approval of its Access Service Tariff No. 2 (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Joseph Rezac, staff analyst, recommended that the Commission approve Verizon Access’s requested tariff revisions effective November 1, 2016.
Commissioner Hanson moved to approve the proposed tariff revisions.Motion carried 3-0.
There being no further business, at the hour of 1:49 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/Tina Douglas .
Tina Douglas
Administrative Assistant
PUC Email
October 26, 2016
