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South Dakota Public Utilities Commission Meeting
September 3, 2019, at 1:30 P.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; Staff Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Darren Kearney, Jon Thurber, Patrick Steffensen, Joseph Rezac, Eric Paulson and Lorena Reichert; Warehouse Manager: Cody Chambliss; Warehouse Division: Paul Kenefick-Aschoff; Consumer Affairs Manager: Deb Gregg; and Staff: Kaitlyn Baucom.
Present were: Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing Flying Cow Wind, LLC; Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Clarity Telecom, LLC dba Vast Broadband, Jefferson Telephone Company and City of Faith Municipal Telephone Company; Mark Bookout and Daryl Eleuck, Clarity Telecom, LLC dba Vast Broadband; Bob Mercer, KELO News; Sherman Fuerniss, self; Lori Fuerniss, self; Nick Wagner, NARUC President; and Nick Lowrey, SD News Watch.
Joining the meeting by telephone were: Deb Brown, City of Faith Municipal Telephone Company; Marlene Bennett, Consortia Consulting, representing City of Faith Municipal Telephone Company; Tamie Aberle and Karen Collins, Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group, Inc.; Robin Davidson, Clarity Telecom, LLC dba Vast Broadband; Al Lubeck, Qwest Corporation dba CenturyLink QC; Mandy Bohnenblust, Avangrid Renewables, LLC; and Lisa Agrimonti, Fredrikson & Byron, P.A., representing Prevailing Wind Park, LLC.
Administration
1. Approval of Minutes of the Commission Meeting Held on August 21, 2019. (Staff: Joy Lashley)
Commissioner Nelson moved to approve the minutes of the Commission meeting held on August 21, 2019. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 32 contacts since the last report was prepared for the August 21, 2019 Commission meeting.
Two contacts were related to telecommunication services, five contacts were related to electrical services, three contacts were related to natural gas services, six contacts were related to wireless service, seven contacts were related to the Do Not Call Registry, two contacts were related to Wind Energy, and seven contacts were related to issues not regulated by the PUC.
Contacts received in 2019: 847 of the 866 have been resolved.
Electric
1. EL18-045 In the Matter of the Application of Flying Cow Wind, LLC for a Facility Permit to Construct a 345 kV Transmission Line and Associated Facilities in Deuel County (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP, representing Flying Cow Wind, LLC, (Flying Cow), asked that the Commission grant Flying Cow Wind, LLC’s Motion to Extend the Deadline for Commission Action. Ms. Amanda Reiss, staff attorney, recommended that the Commission grant a six month extension.
Commissioner Nelson moved to grant Flying Cow Wind, LLC’s Motion to Extend the Deadline for Commission Action by six months. Motion carried 3-0.
Gas and Electric
1. GE19-004 In the Matter of the Filing by Montana-Dakota Utilities Co., a Subsidiary of MDU Resources Group, Inc., for Approval of a Customer Reference Guide (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Ms. Tamie Aberle, Montana-Dakota Utilities Co., a subsidiary of MDU Resources Group, Inc. (MDU), asked that the Commission approve the Customer Reference Guide and proposed tariff revisions with an effective date of October 1, 2019. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve MDU’s request.
Commissioner Fiegen moved to approve the Customer Reference Guide and proposed tariff revisions with an effective date of October 1, 2019. Motion carried 3-0.
Grain Warehouse
1. GW19-002 In the Matter of the PUC Staff’s Complaint Against High Country Mercantile, Inc. (Warehouse Manager: Cody Chambliss; Staff Attorneys: Kristen Edwards, Amanda Reiss)
Commissioner Hanson deferred the docket until the October 1, 2019 Commission meeting.
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC19-031, TC19-034, TC19-039 and TC19-040
TC19-031 In the Matter of the Request of City of Faith Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area 391653) (Staff Analyst: Lorena Reichert; Commission Attorney: Karen Cremer)
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. Lorena Reichert, staff attorney, recommended that the Commission grant the Company’s request.
TC19-034 In the Matter of the Request of Clarity Telecom, LLC dba Vast Broadband for Certification Regarding Its Use of Federal Universal Service Support (Study Area: ILEC–391652 and CLEC–399006) (Staff Analyst: Lorena Reichert; Commission Attorney: Adam de Hueck)
A lengthy discussion took place for docket TC19-034. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2019, September 3, 2019, recording located at: https://puc.sd.gov/commission/media/2019/puc09032019.mp3 .
TC19-039 In the Matter of the Request of Qwest Corporation dba CenturyLink QC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 395145) (Staff Analyst: Lorena Reichert; Commission Attorney: Karen Cremer)
TC19-039 was deferred until the September 17, 2019 Commission meeting.
TC19-040 In the Matter of the Request of Jefferson Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area 391666) (Staff Analyst: Lorena Reichert; Commission Attorney: Adam de Hueck)
Ms. Margo Northrup, Riter, Rogers, Wattier & Northrup, LLP, representing Jefferson 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. Lorena Reichert, staff analyst, recommended that the Commission grant the Company’s request.
In dockets TC19-031, TC19-034, and TC19-040, 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. Motion carried 3-0.
2. TC19-043 In the Matter of the Approval of a Reciprocal Compensation Bill and Keep Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Clarity Telecom LLC dba Vast Broadband (fka Knology of the Black Hills, LLC fka PrairieWave Black Hills, LLC) (Staff Analyst: Eric Paulson; Staff Attorney; Amanda Reiss)
Mr. Al Lubeck, Qwest Corporation dba CenturyLink QC (CenturyLink), asked that the Commission approve the Interconnection Agreement between CenturyLink and Clarity Telecom LLC dba Vast Broadband (fka Knology of the Black Hills, LLC fka PrairieWave Black Hills, LLC). Ms. Amanda Reiss, staff attorney, stated that the agreement was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Reiss recommended that the Commission grant approval.
3. TC19-044 In the Matter of the Approval of a Reciprocal Compensation Bill and Keep Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Clarity Telecom LLC dba Vast Broadband (fka Knology of the Plains, Inc. fka PrairieWave Telecommunications, Inc.) (Staff Analyst: Eric Paulson; Staff Attorney; Amanda Reiss)
Mr. Al Lubeck, Qwest Corporation dba CenturyLink QC (CenturyLink), asked that the Commission approve the Interconnection Agreement between CenturyLink and Clarity Telecom LLC dba Vast Broadband (fka Knology of the Plains, Inc. fka PrairieWave Telecommunications, LLC). Ms. Amanda Reiss, staff attorney, stated that the agreement was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Ms. Reiss recommended that the Commission grant approval.
In dockets TC19-043 and TC19-044, Commissioner Hanson moved to approve the amendment to the Interconnection Agreement. Motion carried 3-0.
/s/Joy Lashley .
Joy Lashley
Administrative Specialist
PUC Email
September 3, 2019
