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South Dakota Public Utilities Commission Meeting
January 18, 2019, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Gary Hanson called the meeting to order. Present were: Commissioner: Chris Nelson; Commission Attorneys: Karen Cremer and Adam de Hueck; Staff Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Patrick Steffensen, Eric Paulson and Joseph Rezac; Consumer Affairs Manager: Deb Gregg; and Staff: Joy Lashley
Present were:
Rich Coit, South Dakota Telecommunications Association; Brian Rounds, AESL Consulting; and Darla Rogers, Riter, Rogers, Wattier & Northrup LLP, representing South Dakota Rural Electric Association, Venture Communications Cooperative, Santel Communications Cooperative and Interstate Telecommunications Cooperative, Inc.
Joining the meeting by telephone were:
Commissioner: Kristie Fiegen; Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing South Dakota Electric Utility Companies; Bob Sahr, East River Electric Power Cooperative, Inc.; Miles Schumacher, Lynn, Jackson, Shultz & Lebrun, PC, representing Basin Electric Power Cooperative; Michael Whalen, Michael J. Whalen Law Office, Prof. LLC, representing Charles Mix Electric Association, Inc.; Pat Mastel, Midcontinent Communications; Jason Topp, Qwest Corporation dba CenturyLink QC; Jim Erickson, Northern States Power Company dba Xcel Energy; Patrick Glover, Meierhenry Sargent LLP, representing Randall Community Water District; and Scott Pick, Randall Community Water District.
Administration
1. Approval of the minutes of the Commission meetings held on December 28, 2018, and January 8, 2019. (Staff: Joy Lashley)
Commissioner Nelson moved to approve the minutes of the Commission meetings held on December 28, 2018, and January 8, 2019. 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 53 contacts since the last report was prepared for the January 8, 2019, Commission meeting.
Six contacts involved telecommunication services, eight contacts were related to electrical services, six contacts were related to natural gas service, four contacts were related to gas and electric service, three contacts were related to wireless service, 13 contacts were related to the Do Not Call Registry, two contacts were related to wind energy and 11 contacts were related to issues not regulated by the PUC.
Contacts received in 2019: 71 of the 85 have been resolved.
Electric
1. EL18-052 In the Matter of the Filing by Northern States Power Company dba Xcel Energy for Approval of Tariff Revisions regarding Customer Service Forms (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Jim Erickson, Northern States Power Company dba Xcel Energy (Xcel), asked that the Commission approve the proposed tariff revisions. Mr. Eric Paulson, staff analyst, recommended that the Commission approve Xcel’s request effective January 22, 2019.
Commissioner Fiegen moved to approve the proposed tariff revisions. Motion carried 3-0.
2. EL18-061 In the Matter of Randall Community Water District’s Petition for a Declaratory Ruling Determining if South Dakota Law Would Allow Petitioner to Develop and Own Its Own Renewable Energy Generation System (Staff Analyst: Eric Paulson, Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Patrick Glover, Meierhenry Sargent LLP, representing Randall Community Water District (RCWD), stated RCWD did not object to the intervenors. Ms. Kristen Edwards, staff attorney, stated staff doesn’t take any position on the requested interventions. Ms. Edwards recommended that the Commission hear oral argument on February 1, 2019.
Commissioner Nelson moved to grant intervention to Charles Mix Electric Association, Inc.; Basin Electric Power Cooperative; East River Electric Power Cooperative, Inc.; South Dakota Electric Utility Companies; and South Dakota Rural Electric Association and to grant staff’s request for oral arguments on February 1, 2019. Motion carried 3-0.
Telecommunications
1. TC18-058 In the Matter of the Application of Midcontinent Communications for an Amended Certificate of Authority to Provide Local Exchange Service in Defined Census Blocks Within Rural Areas in Moody, Davison, Minnehaha, Hanson, Beadle, Kingsbury and Codington Counties and for a Waiver of ARSD 20:10:32:15 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Pat Mastel, Midcontinent Communications (Midco), asked that the Commission approve Midco’s request for an amended Certificate of Authority. Mr. Rich Coit, South Dakota Telecommunications Association (SDTA), recommended that the Commission approves Midco’s request based on the settlement stipulation filed in the docket. Mr. Eric Paulson, staff analyst, recommended that the Commission approve Midco’s request as described in staff’s memo.
Commissioner Hanson moved to approve Midcontinent Communication’s request for an Amended Certificate of Authority, and to approve subject to the terms of the settlement and stipulation Midcontinent Communications’ request for an eligible telecommunications carrier certification in the CAF II Census Blocks. Motion carried 3-0.
Midco’s request for a waiver was withdrawn so no waivers were granted.
2. TC19-001 In the Matter of the Filing by Qwest Corporation dba CenturyLink QC for Approval of Revisions to its Exchange and Network Services Tariff No. 1 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), asked that the Commission approve CenturyLink’s revision to its tariff for the returned payment charge only, on less than thirty days’ notice, with an effective date of February 1, 2019, and withdrew the request for an increase in the late payment charge. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve CenturyLink’s returned payment charge and request to withdraw the late payment charge.
Commissioner Nelson moved to approve Qwest Corporation dba CenturyLink QC's revisions to its Exchange and Network Services Tariff No. 1 for the returned payment charge, on less than thirty days’ notice, with an effective date of February 1, 2019 and to grant the request to withdraw its revision to revise the late payment charge. Motion carried 3-0.
There being no further business, at the hour of 10:04 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Specialist
PUC Email
Janaury 18, 2019
