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South Dakota Public Utilities Commission Meeting
July 10, 2018, at 9:30 A.M. CDT
Room 414, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairperson Kristie Fiegen called the meeting to order. Present were: Commissioner: Chris Nelson; Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Amanda Reiss and Kristen Edwards; Staff Analysts: Darren Kearney, Brittany Mehlhaff, Joseph Rezac, Eric Paulson, Patrick Steffensen, and Lorena Reichert; Consumer Affairs Manager: Deb Gregg; and Staff: Joy Lashley.
Present were:
Rich Coit, South Dakota Telecommunications Association; Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing TrioTel Communications, Inc. and Valley Telecommunications Cooperative Association, Inc.; Steve Kolbeck, Ryan Long and Chris Shaw, Northern States Power Company dba Xcel Energy; Chris Shaw and Ryan Long, Northern States Power Company dba Xcel Energy; Bob Mercer, reporter; Rick Vallery, Congresswoman Noem; and James Nord, reporter.
Joining the meeting by telephone were:
Commissioner: Gary Hanson; Cary Stephenson, Otter Tail Power Company; James Moore and Justin Smith, Woods, Fuller, Shultz & Smith P.C., representing Valley Queen Cheese Factory, Inc.; Ben Clark, Renee White and Cade Simmons, MidAmerican Energy; Julie Oost, Peerless Network of South Dakota, LLC; Dave Peterson, Chesapeake Regulatory Group, Inc., representing SD PUC; Henry Walker, Bradley Arant Boult Cummings, LLP, representing Education Networks of America, Inc.; Jason Topp, Qwest Corporation dba CenturyLink QC; Marlene Bennett, Consortia Consulting, representing TrioTel Communications Inc. and Valley Telecommunications Cooperative Association, Inc.; Rich Briggs, Mary Pope and Tom Kramer, Northern States Power Company dba Xcel Energy; and Harry Walker, representing Education Networks of America, Inc.
Administration
1. Approval of the minutes of the Ad Hoc Commission meeting held on June 8, 2018, and the Commission meeting held on June 12, 2018. (Staff: Joy Lashley)
Commissioner Nelson moved to approve the minutes of the Ad Hoc Commission meeting held on June 8, 2018, and the Commission meeting held on June 12, 2018. 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 79 contacts since the last report was prepared for the June 25, 2018, Commission meeting.
Five contacts involved telecommunication services, 31 contacts were related to electrical services, six contacts were related to natural gas service, one contact was related to gas and electric service, 13 contacts were related to wireless service, 14 contacts were related to the Do Not Call Registry 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 2018: 704 of the 727 have been resolved.
Electric
1. EL18-021 In the Matter of the Application of Otter Tail Power Company for Authority to Increase Its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac, Lorena Reichert; Staff Attorney: Kristen Edwards)
Mr. James Moore, Fuller, Shultz & Smith P.C., representing Valley Queen Cheese Factory, Inc., asked that the Commission approve Valley Queen Cheese Factory, Inc.’s petition to intervene. Mr. Cary Stephenson, Otter Tail Power Company (Otter Tail), did not object to the intervention. Ms. Kristen Edwards, staff attorney, recommended that the Commission grant intervention.
Commissioner Nelson moved to grant intervention to Valley Queen Cheese, Inc. Motion carried 3-0.
Gas & Electric
1. GE17-003 In the Matter of Staff’s Request to Investigate the Effects of the Tax Cuts and Jobs Act on South Dakota Utilities (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorneys: Kristen Edwards, Amanda Reiss)
A lengthy discussion took place for docket GE17-003. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2018, July 10, 2018, recording located at: http://puc.sd.gov/commission/media/2018/puc07102018am.mp3.
Commissioner Fiegen moved to grant the Joint Motion for Approval of Settlement Stipulation and approve the terms and conditions stipulated therein. Motion carried 3-0.
Natural Gas
1. NG18-011 In the Matter of the Filing by MidAmerican Energy Company for the Approval of Its 2017 Reconciliation and Revised Energy Efficiency Cost Recovery Factor (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
Mr. Ben Clark, MidAmerican Energy Company (MidAmerican), asked that the Commission approve the proposed Energy Efficiency Cost Recovery Factors and associated tariff sheet, with an effective date of July 31, 2018. Mr. Darren Kearney, staff analyst, recommended that the Commission approve MidAmerican’s request.
Commissioner Hanson moved to approve the proposed Energy Efficiency Cost Recovery Factors and associated tariff sheet, with an effective date of July 31, 2018.Motion carried 3-0.
Telecommunications
1. TC18-012 In the Matter of the Application of Intermedia Voice Services, Inc. for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, recommended that the Commission grant Intermedia Voice Services, Inc.’s withdrawal of application.
Commissioner Nelson moved to grant Intermedia Voice Services, Inc’s request for Withdrawal of Application. Motion carried 3-0.
2. TC18-016 In the Matter of the Approval of a Third-Party Transit Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Peerless Network of South Dakota, LLC (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Commissioner Fiegen deferred the docket.
3. TC18-017 In the Matter of the Approval of a Carrier Partner for Interconnected VoIP Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Peerless Network of South Dakota, LLC (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), asked that the Commission approve the amendment to the interconnection agreement. 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.
4. TC18-021 In the Matter of the Request of Northeast Nebraska Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 371576) (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Joseph Rezac, staff analyst, recommended that the Commission grant Northeast Nebraska Telephone Company’s waiver and provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support.
Commissioner Nelson moved to grant the waiver until further notice by the Commission and provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support. Motion carried 3-0.
5. TC18-024 In the Matter of the Application of Education Networks of America, Inc. for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Henry Walker, Bradley Arant Boult Cummings, LLP, representing Education Networks of America, Inc. (ENA), asked that the Commission grant ENA a Certificate of Authority to provide local exchange and interexchange long distance services in South Dakota. Mr. Eric Paulson, staff analyst, recommended that the Commission approve ENA’s request for a certificate of authority for local exchange service in the non-rural areas of South Dakota with the restrictions that ENA 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 ENA be subject to rural safeguards. Mr. Paulson also recommended that the Commission approve ENA’s request for a certificate of authority for interexchange services in the non-rural areas of South Dakota.
Commissioner Hanson moved to grant Education Networks of America, Inc.’s request for a Certificate of Authority to Provide Local Exchange and Interexchange Long Distance Services in South Dakota with the restrictions outlined by staff. Motion carried 2-1. Commissioner Nelson dissenting.
6. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in DocketsTC18-025 and TC18-026.
TC18-025 In the Matter of the Request of TrioTel Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: McCook 391669 and Tri-County Telecom 391682) (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing representing TrioTel Communications Inc. (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 the Company’s request.
TC18-026 In the Matter of the Request of Valley Telecommunications Cooperative Association, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391685) (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Valley Telecommunications Cooperative Association, Inc. (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 the Company’s request.
In dockets TC18-025 and TC18-026, 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. Motion carried 3-0.
There being no further business, at the hour of 11:00 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
July 10, 2018
