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South Dakota Public Utilities Commission Meeting
August 6, 2019, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Commissioner Gary Hanson called the meeting to order. Commissioners: Chris Nelson and Kristie Fiegen; Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Mikal Hanson; Staff Analysts: Darren Kearney, Jon Thurber, Patrick Steffensen, Joseph Rezac and Lorena Reichert; Consumer Affairs Manager: Deb Gregg; and Staff: Kaitlyn Baucom.
Present were:
Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing TrioTel Communications Inc., Golden West Telecommunications Cooperative, Inc. and West River Telecommunications Cooperative; Rich Coit, South Dakota Telecommunications Association; and Bob Mercer, KELO reporter.
Joining the meeting by telephone were:
Marlene Bennett, Consortia Consulting, representing TrioTel Communications Inc.; Jon Baker, Lincoln Clean; Miles Schumacher, Lynn, Jackson, Shultz and Lebrun, PC, representing Willow Creek Wind Power, LLC; Denny Law and Jill Reinert, Golden West Telecommunications Cooperative, Inc.; Bryan Roth, TrioTel Communications Inc.; Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP, representing City of Brookings Municipal Telephone and Brookings Municipal Telephone dba Swiftel Communications; Steve Meyer, Laura Julius and Curt Kabris, City of Brookings Municipal Telephone and Brookings Municipal Telephone dba Swiftel Communications; Michelle Perreault, West River Telecommunications Cooperative; Mark Benton, Midstate Communications, Inc.; Ryan Taylor, Cutler Law Firm LLP, representing Alliance Communications Cooperative, Inc. and Midstate Communications, Inc.; Ryan Thompson, Santel Communications Cooperative Inc.; Jeff Larson, Larson & Nipe, representing Santel Communications Cooperative Inc.; Bill Taylor, Taylor Law Firm, representing TransCanada Keystone Pipeline, LP; and James Moore, Woods, Fuller, Shultz & Smith, representing TransCanada Keystone Pipeline, LP.
Administration
1. Approval of minutes of the Commission meetings held on July 9 and July 25, 2019. (Staff: Joy Lashley)
Commissioner Nelson moved to approve the minutes of the Commission meetings held on July 9 and July 25, 2019. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 44 contacts since the last report was prepared for the July 25, 2019 Commission meeting.
Six contacts were related to telecommunication services, 12 contacts were related to electrical services, three contacts were related to natural gas service, one contact was related to gas and electric service, two contacts were related to wireless service, seven contacts were related to the Do Not Call Registry, one contact was related to the Dakota Access Pipeline, one contact was related to One Call and 11 contacts were related to issues not regulated by the PUC.
Contacts received in 2019: 762 of the 774 have been resolved.
Electric
1. EL15-020 In the Matter of the Application by Wind Quarry Operations, LLC, for a Wind Energy Facility Permit for the Willow Creek Wind Energy Facility and Associated Facilities (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
Mr. Miles Schumacher, Lynn, Jackson, Shultz and Lebrun, PC, representing Willow Creek Wind Power, LLC (Willow Creek Wind), asked that the Commission grant Willow Creek Wind’s motion to approve the Transfer of the Permit. Ms. Kristen Edwards recommended that the Commission approve the request. Mr. Darren Kearney, staff analyst, stated staff did not have any concerns with Lincoln Clean Energy, LLC’s ownership of the project.
Commissioner Fiegen moved to grant Willow Creek Wind Power LLC’s Motion for Approval of Transfer of Permit. Motion carried 3-0.
Hydrocarbon Pipeline
1. HP09-001 In the Matter of the Application by TransCanada Keystone Pipeline, LP for a Permit under the South Dakota Energy Conversion and Transmission Facility Act to Construct the Keystone XL Project. (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorneys: Kristen Edwards, Amanda Reiss)
Mr. James Moore, Woods, Fuller, Shultz & Smith, representing TransCanada Keystone Pipeline, LP (Keystone), asked that the Commission issue an order approving the adverse weather plan. Ms. Kristen Edwards, staff attorney, recommended that the Commission approve Keystone’s request.
Commissioner Nelson moved to issue an order approving the adverse weather plan. Motion carried 3-0.
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC19-018, TC19-019, TC19-023, TC19-024, TC19-029, TC19-036, TC19-037 and TC19-038.
TC19-018 In the Matter of the Request of Golden West Telecommunications Cooperative, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: Armour-391640, Golden West Telecom-391659, Kadoka-391667, Sioux Valley-391677, Union-391684, Vivian-391686) (Staff Analyst: Lorena Reichert; Commission Attorney: Adam de Hueck)
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Golden West Telecommunications 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. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request.
TC19-019 In the Matter of the Request of TrioTel Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 391669 and 391682) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, 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.
TC19-023 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: Lorena Reichert; Commission Attorney: Karen Cremer)
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. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request.
TC19-024 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: Lorena Reichert; Commission Attorney: Adam de Hueck)
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. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request.
TC19-029 In the Matter of the Request of West River Telecommunications Cooperative for Certification Regarding its Use of Federal Universal Service Support (Study Area: Mobridge–391671) (Staff Analyst: Patrick Steffensen; Commission Attorney: Karen Cremer)
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing West River Telecommunications 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. Patrick Steffensen, staff analyst, recommended that the Commission grant the Company’s request.
TC19-036 In the Matter of the Request of Midstate Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: ILEC-391670 and CLEC-399011) (Staff Analyst: Lorena Reichert; Commission Attorney: Adam de Hueck)
Mr. Ryan Taylor, Cutler Law Firm, LLP, representing Midstate 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. Ms. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request.
TC19-037 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: Lorena Reichert; Commission Attorney: Karen Cremer)
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. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request.
TC19-038 In the Matter of the Request of Santel Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area 391676) (Staff Analyst: Lorena Reichert; Commission Attorney: Adam de Hueck)
Mr. Ryan Thompson, Santel 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. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request.
In dockets TC19-018, TC19-019, TC19-023, TC19-024, TC19-029, TC19-036, TC19-037 and TC19-038, Commissioner Hanson 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.
There being no further business, at the hour of 10:15 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Specialist
PUC Email
August 6, 2019
