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South Dakota Public Utilities Commission Meeting
January 3, 2018, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairperson Kristie Fiegen called the meeting to order. Present were: Commissioners: Gary Hanson and Chris Nelson; Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorney: Kristen Edwards; Staff Analysts: Darren Kearney, Jon Thurber, Patrick Steffensen, Eric Paulson, Joseph Rezac, Brittany Mehlhaff and Lorena Reichert; Consumer Affairs Supervisor: Deb Gregg; and Staff: Katlyn Gustafson.

Present was:
Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing Crocker Wind Farm, LLC.

Joining the meeting by telephone were:
Mary Zanter, SD PUC Pipeline Safety Manager; Michelle Nielson, Sioux Valley-Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy; Brad Schardin, Southeastern Electric Cooperative, Inc.; Dan Miller and Adam Wright, MidAmerican Energy Company; Jason Topp, Qwest Corporation dba CenturyLink QC; Peter Batchelor and Patrick Hardy, Bluebird Communications LLC; and Laura Demman, Northern Natural Gas Company.

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 46 contacts since the last report was prepared for the December 19, 2017, Commission meeting.

Eight contacts involved telecommunication services, 14 contacts involved electrical services, seven contacts were related to natural gas services, one contact was related to wireless service, four contacts were related to the Do Not Call Registry, one contact was related to the Keystone Pipeline, two contacts were related to One Call and nine 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 2017: 2,536 of the 2,546 have been resolved.

Five of the five complaints received in 2018 have been resolved.

Electric

1.     EL17-053     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Sioux Valley-Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy and Southeastern Electric Cooperative, Inc. (Staff Analyst: Lorena Reichert; Staff Attorney: Kristen Edwards)

Mr. Brad Schardin, Southeastern Electric Cooperative, Inc. (Southeastern), asked that the Commission approve the proposed electric service territory boundary agreement between Southeastern and Sioux Valley-Southwestern Electric Cooperative, Inc. dba Sioux Valley Energy (Sioux Valley). Ms. Michele Nielsen, Sioux Valley, stated Sioux Valley agreed to the request. Ms. Lorena Reichert, staff analyst, recommended that the Commission approve the request.

     Commissioner Nelson moved to approve the proposed electric service territory boundary agreement. Motion carried 3-0.

2.     EL17-054     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Sioux Valley-Southwestern Electric Cooperative, Inc. and White Municipal Electric (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

Ms. Michele Nielsen, Sioux Valley Energy Electric Cooperative, Inc., (Sioux Valley), asked that the Commission approve the proposed electric service territory boundary agreement between Sioux Valley and White Municipal Electric. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the request.

     Commissioner Hanson moved to approve the proposed electric service territory boundary agreement. Motion carried 3-0.

3.     EL17-055     In the Matter of the Application by Crocker Wind Farm, LLC for a Permit of a Wind Energy Facility and a 345 kV Transmission Line in Clark County, South Dakota, for Crocker Wind Farm (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)

Ms. Kristen Edwards, staff attorney, recommended that the Commission assess Crocker Wind Farm, LLC (Crocker), a filing fee not to exceed $500,000 with an initial deposit of $8,000 and authorize the executive director to enter into necessary consulting contracts. Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing Crocker, stated Crocker had no objections to the requests.

     Commissioner Nelson moved to assess a filing fee not to exceed $500,000 with an initial deposit of $8,000 and authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.

Natural Gas

1.     NG17-011      In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions regarding Farm Tap Service (Staff Analysts: Brittany Mehlhaff, Mary Zanter, Patrick Steffensen; Staff Attorneys: Kristen Edwards, Amanda Reiss)

A lengthy discussion reflecting Commissioner concerns regarding the progress of transitioning farm tap customers from NorthWestern Energy to MidAmerican Energy Company took place for docket NG17-011. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2018, January 3, 2018, recording located at:
http://puc.sd.gov/commission/media/2018/puc01032018.mp3.

Telecommunications

1.     TC17-066     In the Matter of the Application of BlueBird Communications SD LLC for a Certificate of Authority to Provide Local Exchange Services in South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

Mr. Peter Batchelor, BlueBird Communications SD LLC (BlueBird), asked that the Commission approve BlueBird’s Certificate of Authority. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve BlueBird’s request for a certificate of authority for local exchange service with the restrictions that BlueBird 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 that BlueBird be subject to rural safeguards.

     Commissioner Hanson moved to grant BlueBird Communications SD LLC’s request for a Certificate of Authority to Provide Local Exchange Services in South Dakota with staff’s conditions. Motion carried 2-1. Commissioner Nelson dissenting.

2.     TC17-068     In the Matter of the Approval of an Unbundled Network Elements Construction Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Granite Telecommunications LLC (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), asked that the Commission approve the amendment to the interconnection agreement between CenturyLink and Granite Telecommunications, LLC. Ms. Kristen Edwards, staff attorney, recommended that the Commission approve the request.

     Commissioner Fiegen moved to approve the amendment to the interconnection agreement. Motion carried 3-0.

There being no further business, at the hour of 10:03 a.m., the South Dakota Public Utilities Commission meeting adjourned.

/s/Joy Lashley     .
Joy Lashley
Administrative Assistant
PUC Email
January 3, 2018