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South Dakota Public Utilities Commission Meeting
July 26, 2018, at 1:30 P.M. CDT
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 Attorneys: Amanda Reiss and Kristen Edwards; Staff Analysts: Brittany Mehlhaff, Joseph Rezac and Lorena Reichert; Consumer Affairs Manager: Deb Gregg; and Staff: Katlyn Gustafson.
Present were:
Gary Schumacher, Wilkinson & Schumacher Law Firm, representing grain sellers; Rich Coit, South Dakota Telecommunications Association; Randy Houdek, Venture Communications Cooperative; Bill Swanson, Mark Thoma and Nikolai Kleven, Otter Tail Power Company; Jason Sutton and Tom Welk, Boyce Law Firm, LLP representing Otter Tail Power Company; Jenna Howell, Department of Public Safety/9-1-1 Coordination Board; Mollie Smith, Fredrikson & Byron, P.A., representing Crocker Wind Farm, LLC; Betsy Engelking, Melissa Schmit and Chris Morgan, Crocker Wind Farm, LLC; and Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Venture Communications Cooperative and City of Faith Municipal Telephone Company.
Joining the meeting by telephone were:
Staff Analyst: Jon Thurber; Tamie Aberle, Stephanie Bosch and Karen Collins, Montana-Dakota Utilities Co.; Don McCarty, Helsper, McCarty & Rasmussen, P.C. representing H & I Grain of Hetland, Inc.; Paul Linde, Schaffer Law Office, LLC, representing H & I Grain of Hetland, Inc; Andrew Singer and Kim Scovill, NextGen Communications, Inc.; Jason Keil, Black Hills Power, Inc. dba Black Hills Energy; Jean Stevens, self; Todd Hansen, Beresford Municipal Telephone Company; Ryan Taylor, Cutler Law Firm, LLP, representing Alliance Communications Cooperative, Inc.; Marlene Bennett and Tammie Herline, Consortia Consulting, representing City of Faith Municipal Telephone Company and Beresford Municipal Telephone Company; Steve Kolbeck, Jim Erickson and Gail Baranko, Northern States Power Company dba Xcel Energy; Debbie Brown, City of Faith Municipal Telephone Company; Pam Bonrud, NorthWestern Corporation dba NorthWestern Energy; Diane Votino, Amanda Hosch and Brian Rybarik, MidAmerican Energy; Dwayne Ingalls, self; Curt Kabris, Steve Meyer and Laura Julius, City of Brookings Municipal Telephone and Brookings Municipal Utilities dba Swiftel Communications; and Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP, representing City of Brookings Municipal Telephone and Brookings Municipal Telephone dba Swiftel Communications.
Administration
1. Approval of the minutes of the Commission meetings held on June 26 and July 10, 2018, and the Ad Hoc Commission meeting held on July 10, 2018. (Staff: Joy Lashley)
Commissioner Nelson moved to approve the minutes of the Commission meetings held on June 26 and July 10, 2018, and the Ad Hoc Commission meeting held on July 10, 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 103 contacts since the last report was prepared for the July 10, 2018, Commission meeting.
Fifteen contacts involved telecommunication services, 48 contacts were related to electrical services, five contacts were related to natural gas service, one contact was related to gas and electric service, ten contacts were related to wireless service, two contacts were related to wind energy, ten contacts were related to the Do Not Call Registry, and 11 contacts were related to issues not regulated by the PUC and one contact was related to One Call.
Complaints received in 2014: 1,914 of the 1,916 have been resolved.
Complaints received in 2018: 812 of the 830 have been resolved.
Electric
1. EL17-042 In the Matter of the Application of Otter Tail Power Company for an Energy Conversion Facility Permit for the Construction of a Combustion Turbine Generator and Associated Infrastructure Including a Natural Gas Pipeline and Electric Transmission Line near Astoria, South Dakota (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorneys: Kristen Edwards, Amanda Reiss)
A lengthy discussion took place regarding docket EL17-042. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2018, July 26, 2018, recording located at: http://puc.sd.gov/commission/media/2018/puc07262018.mp3 .
Commissioner Fiegen moved to grant the Joint Motion for Approval of Settlement Stipulation. Motion carried 3-0.
2. 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)
A lengthy discussion took place regarding docket EL17-055. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2018, July 26, 2018, recording located at: http://puc.sd.gov/commission/media/2018/puc07262018.mp3.
Commissioner Nelson moved to grant the motion and approve Crocker’s decommissioning escrow account plan, subject to the conditions that the escrow agreement be governed by the laws of the State of South Dakota; the requisite thirty years of funding be consecutive; Crocker pay any taxes incurred by the account or the revenue from the account; and the escrow agreement be subject to Commission approval. Motion carried 3-0.
Grain
1. GW17-002 In the Matter of the Grain Buyer Bond of H & I Grain of Hetland, Inc. (Grain Warehouse Manager: James Mehlhaff; Staff Attorneys: Kristen Edwards, Amanda Reiss)
A lengthy discussion took place regarding docket GW17-002. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2018, July 26, 2018, recording located at: http://puc.sd.gov/commission/media/2018/puc07262018.mp3.
Commissioner Fiegen deferred the docket until the August 7, 2018, Commission meeting.
Telecommunications
1. TC18-013 In the Matter of the Petition by the Department of Public Safety/9-1-1 Coordination Board for a Declaratory Ruling Determining Competitive Local Exchange Carrier Processes for Requesting 9-1-1 Traffic Delivery from Rural Local Exchange Carriers (Staff Analysts: Patrick Steffensen, Joseph Rezac; Staff Attorney: Amanda Reiss)
A lengthy discussion took place regarding docket TC18-013. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2018, July 26, 2018, recording located at: http://puc.sd.gov/commission/media/2018/puc07262018.mp3.
Commissioner Hanson moved to deny NextGen’s request to Adopt the proposed Amended Order. Motion carried 3-0.
2. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC18-037, TC18-042, TC18-044, TC18-048, TC18-049 and TC18-050.
TC18-037 In the Matter of the Request of Beresford Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391649) (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Ms. Marlene Bennett, Consortia Consulting, representing Beresford Municipal Telephone Company (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. Amanda Reiss, staff attorney, recommended that the Commission grant the Company’s request.
TC18-042 In the Matter of the Request of Venture Communications Cooperative for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: Venture Communications Cooperative 391680 and Western Telephone Co. 391688) (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Venture Communications Cooperative (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.
TC18-044 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: Eric Paulson; Staff Attorney: Kristen Edwards)
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing City of Faith Municipal Telephone Company (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. Kristen Edwards, staff attorney, recommended that the Commission grant the Company’s request.
TC18-048 In the Matter of the Request of Alliance Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas 391405, 391642 and 391657) (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Ryan Taylor, Cutler Law Firm LLP, representing Alliance Communications Cooperative, 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. Ms. Kristen Edwards, staff attorney, recommended that the Commission grant the Company’s request.
TC18-049 In the Matter of the Request of City of Brookings Municipal Telephone for Certification Regarding Its Use of Federal Universal Service Support (Study Area 391650) (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP, representing City of Brookings 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 the Company’s request.
TC18-050 In the Matter of the Request of Brookings Municipal Utilities dba Swiftel Communications for Certification Regarding Its Use of Federal Universal Service Support (Study Area 399009) (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP, representing Brookings Municipal Telephone dba Swiftel Communications (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 TC18-037, TC18-042, TC18-044, TC18-048, TC18-049 and TC18-50, 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.
Items for Commission Discussion
Ms. Brittany Mehlhaff, staff analyst, requested Commission guidance and input regarding a process to reduce the amount of tariff filings required for utilities regarding sample forms. Staff provided to the Commission that it is comfortable with the concept that the tariff would include copies of the forms and a list of approved forms with a link to the company’s website where the most current forms can be found, as an alternative to updating the tariff each time a minor change is made to the forms. The form in the tariff and the current version will be materially the same, however, minor edits, such as grammatical corrections could be made. Staff suggests the companies notify staff via email when changes are made to the forms so staff can review the update on the website and determine the changes do not require a tariff change. The company would file for approval when the change affects rates or conditions of service. Following a concern raised by Xcel Energy, the Commission deferred this item until the August 7, 2018, Commission meeting.
Public Comments
Chairperson Kristie Fiegen opened the floor to public comments. Those offering public comments about H & I Grain included Chad Murphy, Dwayne Ingalls, Frank Virchow, Brian Erickson, Curt Hanson, Lois Erickson, Jerry Peterson, Susanne Albrecht, Victoria Albrecht, Jeff Gruenhagen and Sherrie Kersting.
There being no further business, at the hour of 5:01 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
July 26, 2018
