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South Dakota Public Utilities Commission Meeting
July 23, 2020, at 1:30 P.M. CDT
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 Attorney: Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorney: Amanda Reiss; Staff: Kaitlyn Baucom, and Darla Rogers, Riter Rogers LLP representing Valley Telecommunications Cooperative Association, Inc.
Joining the meeting by telephone were: Commissioner: Kristie Fiegen; Commission Attorney: Karen Cremer; Staff Attorney: Kristen Edwards; Staff Analysts: Lorena Reichert, Brittany Mehlhaff, Joseph Rezac and Jon Thurber; Consumer Affairs Manager: Deb Gregg; Judy Bundorf, Bundorf Family Trust; Melissa Schmit, Geronimo Energy, LLC; Mollie Smith, Fredrikson & Bryon, P.A. representing Wild Springs Solar, LLC; Renee White, Tina Yoder and Katelyn Lynch-Butcher, MidAmerican Energy Company; Pam Bonrud and Jeff Decker, NorthWestern Corporation dba NorthWestern Energy; James Groft, Northern Valley Communications, LLC, James Valley Wireless, LLC and James Valley Cooperative Telephone Company; Jim Cremer, Bantz, Gosch and Cremer, LLC representing Northern Valley Communications, LLC, James Valley Wireless, LLC and James Valley Cooperative Telephone Company; and Ryan Taylor, Cutler Law Firm, LLP representing TrioTel Communications, Inc; Jeff Symens, Valley Telecommunications Cooperative Association, Inc.
Administration
1. Approval of Minutes of the Commission Meeting Held on July 8, 2020 (Staff: Macy Jo Murren)
Commissioner Nelson moved to approve the minutes of the Commission meeting held on July 8, 2020. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Staff Attorney: Deb Gregg)
The Commission received a total of 59 contacts since the last report was prepared for the July 8, 2020, Commission meeting.
Seven contacts were related to telecommunications services, 23 contacts were related to electric services, three contacts were related to natural gas services, five contacts were related to wireless service, three contacts were related to the Do Not Call Registry, three contacts were related to wind energy, four contacts were related to grain warehouse program, 11 contacts were related to issues not regulated by the PUC.
607 of the 631 contacts received in 2020 have been resolved.
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC20-018, TC20-019, TC20-020, TC20-022 and TC20-025
TC20-018 In the Matter of the Request of James Valley Wireless, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399014) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Karen Cremer)
Mr. Jim Cremer, Bantz, Gosch and Cremer, LLC representing James Valley Wireless, LLC (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. Brittany Mehlhaff, staff analyst, recommended that the Commission grant the Company’s request.
TC20-019 In the Matter of the Request of Northern Valley Communications, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 399017 and 396340) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)
Mr. Jim Cremer, Bantz, Gosch and Cremer, LLC representing Northern Valley Communications, LLC (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. Brittany Mehlhaff, staff analyst, recommended that the Commission grant the Company’s request.
TC20-020 In the Matter of the Request of James Valley Cooperative Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391664) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Karen Cremer)
Mr. Jim Cremer, Bantz, Gosch and Cremer, LLC representing James Valley Cooperative 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. Brittany Mehlhaff, staff analyst, recommended that the Commission grant the Company’s request.
TC20-022 In the Matter of the Request of TrioTel Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: McCook 391669 and Tri-County Telecom 391682) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
Mr. Ryan Taylor, Cutler Law Firm, 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.
TC20-025 In the Matter of the Request of Valley Telecommunications Cooperative Association, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391685) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
Ms. Darla Rogers, Riter Rogers LLP representing Valley Telecommunications Cooperative Association, 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.
In dockets TC20-018, TC20-019, TC20-020, TC20-022 and TC20-025 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.
Electric
1. EL20-018 In the Matter of the Application by Wild Springs Solar, LLC for a Permit of a Solar Energy Facility in Pennington County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
Ms. Judy Bundorf, Bundorf Family Trust, asked that the Commission grant her application for party status. Ms. Mollie Smith, Frederickson & Bryon, PA., representing Wild Springs Solar, LLC, stated Wild Springs Solar, LLC had no objection to the request for party status. Ms. Amanda Reiss, staff attorney, recommended that the Commission grant Bundorf Family Trust party status.
Commissioner Nelson moved to grant party status to Bundorf Family Trust. Motion carried 3-0.
Gas and Electric
1. GE20-001 In the Matter of the Filing by MidAmerican Energy Company for the Approval of Its Reconciliation and Annual Report for 2019 and 2019 Reconciliation for the Energy Efficiency Cost Recovery Factor (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Katelyn Lynch-Butcher, MidAmerican Energy Company, asked that the Commission approve MidAmerican Energy Company’s 2019 reconciliation amounts, the 2019 fixed percentage incentive, the gas and electric Energy Efficiency Cost Recovery Factors, and the tariff sheets filed on June 30, 2020. Ms. Lorena Reichert, staff analyst, recommended that the Commission approve MidAmerican Energy Company’s request.
Commissioner Hanson moved to approve the 2019 reconciliation amounts, the 2019 fixed percentage incentive, the gas and electric Energy Efficiency Cost Recovery Factors, and tariff sheets filed on June 30, 2020, with an effective date of July 30, 2020. Motion carried 3-0.
Natural Gas
1. NG20-005 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with Aberdeen Energy, LLC (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Jeff Decker, NorthWestern Corporation dba NorthWestern Energy (NorthWestern), asked that the Commission approve NorthWestern’s contract with deviations with Aberdeen Energy, LLC and the associated tariff revisions with an effective date of July 23, 2020. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve NorthWestern’s request.
Commissioner Fiegen moved to approve NorthWestern Energy’s contract with deviations with Aberdeen Energy, LLC and the associated tariff revisions with an effective date of July 23, 2020. Motion carried 3-0.
There being no further business, at the hour of 2:20 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/Macy Jo Murren_______
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
July 23, 2020
