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South Dakota Public Utilities Commission Meeting
April 2, 2019, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Commissioner Chris Nelson called the meeting to order. Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Eric Paulson, Darren Kearney, Jon Thurber and Lorena Reichert; Consumer Affairs Manager: Deb Gregg; and Staff: Kaitlyn Baucom.

Present were:
Darla Rogers, Riter, Rogers, Wattier & Northrup LLP, representing, South Dakota Telecommunications Association; and Bob Mercer, KELO reporter.

Joining the meeting by telephone were:
Commissioners: Gary Hanson and Kristie Fiegen; Brian Murphy, NextEra Energy Resources, LLC, representing Crowned Ridge Wind, LLC; Ryan Taylor, Cutler Law Firm, LLP, representing Communications Venture Corporation dba INdigital; Deb Prather and Mark Grady, Communications Venture Corporation dba INdigital; Miles Schumacher, Lynn, Jackson, Shultz and Lebrun, PC, representing Crowned Ridge Wind, LLC; Kristi Mogen, self; Amber Christenson, self; Melissa Lynch, self; and Patrick Lynch, self.

Administration

1.     Approval of the minutes of Commission meetings held on March 19, 2019. (Staff: Joy Lashley)

     Commissioner Nelson moved to approve the minutes of Commission meetings held on March 19, 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 32 contacts since the last report was prepared for the March 19, 2019, Commission meeting.

Four contacts were related to telecommunication services, nine contacts were related to electrical services, five contacts were related to natural gas service, one contact was related to wireless service, four contacts were related to the Do Not Call Registry, one contact was related to Wind Energy, 3 contacts were related to the Grain Warehouse Division and five contacts were related to issues not regulated by the PUC. 

Contacts received in 2019: 331 of the 344 have been resolved.

Electric

1.     EL19-003     In the Matter of the Application by Crowned Ridge Wind, LLC for a Permit of a Wind Energy Facility in Grant and Codington Counties (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)

Mr. Miles Schumacher, Lynn, Jackson, Shultz and Lebrun, PC, representing Crowned Ridge Wind, LLC (Crowned Ridge), stated Crowned Ridge did not object to the intervention. Ms. Amanda Reiss, staff attorney, stated staff did not object to the intervention.

     Commissioner Hanson moved to grant party status to Patrick Lynch. Motion carried 3-0.

A lengthy discussion took place regarding docket EL19-003. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2019, April 2, 2019, recording located at: https://puc.sd.gov/Archives/2019/default.aspx.

     Commissioner Nelson moved to issue the procedural schedule as outlined by staff except that Applicant’s Supplemental Testimony is due April 10, 2019,  witness and exhibit lists are due June 6, 2019, and discovery is due ten business days after service of discovery except as provided in the procedural schedule.Motion carried 3-0.

Telecommunications

1.     TC19-004     In the Matter of the Application of Communications Venture Corporation dba INdigital for a Certificate of Authority to Provide Local Exchange Service in South Dakota (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)

Ms. Darla Rogers, Riter, Rogers, Wattier & Northrup LLP, representing South Dakota Telecommunications Association (SDTA), asked that the Commission approve SDTA’s intervention. Mr. Ryan Taylor, Cutler Law Firm, LLP, representing Communications Venture Corporation dba INdigital stated INdigital does not object to SDTA’s request. Mark Grady, INdigital, stated INdigital had no objections to the request. Ms. Amanda Reiss, staff attorney, stated staff also has no objection to the intervention.

     Commissioner Fiegen moved to grant intervention to South Dakota Telecommunications Association. Motion carried 3-0.

     There being no further business, at the hour of 9:57 a.m., the South Dakota Public Utilities Commission meeting adjourned.

/s/Joy Lashley     .
Joy Lashley
Administrative Specialist
PUC Email
April 2, 2019