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South Dakota Public Utilities Commission Meeting
September 1, 2020, 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. Present were Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorney: Kristen Edwards; Grain Warehouse Program Manager: Cody Chambliss; Staff: Kaitlyn Baucom; Jason Topp, CenturyLink Communications Company LLC; Darla Rogers, Riter Rogers, LLP representing RC Technologies; Golden West Telecommunications Cooperative, Inc.; Cheyenne River Sioux Tribe Telephone Authority; Clarity Telecom, LLC dba Vast Broadband; RT Communications, Inc.; and Jefferson Telephone Company; Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing Meridian Wind Project, LLC; and Mark Bookout, Chris Karn and Daryl Elcock, Clarity Telecom, LLC dba Vast Broadband.
Joining the meeting by telephone were: Commissioners: Gary Hanson and Kristie Fiegen; Staff Attorney: Amanda Reiss; Staff Analysts: Lorena Reichert, Joseph Rezac, Darren Kearney and Jon Thurber; Consumer Affairs Manager: Deb Gregg; Jill Reinert and Denny Law, Golden West Telecommunications Cooperative, Inc.; Robin Thoreson, RC Technologies; Mona Thompson and Anita Anderson, Cheyenne River Sioux Tribe Telephone Authority; Jim Gleason and Robin Davidson, Clarity Telecom, LLC dba Vast Broadband; Becky Dooley, RT Communications Inc.; Ryan Taylor, Cutler Law Firm, LLP representing Alliance Communications Cooperative Inc.; Paul Bergmann, Jefferson Telephone Company; and Brandon Sehn, Dakota AgSynergy.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Staff Attorney: Deb Gregg)
The Commission received a total of 61 contacts since the last report was prepared for the August 18, 2020, Commission meeting.
Twelve contacts were related to telecommunication services, 16 contacts were related to electric services, three contacts were related to natural gas services, seven contacts were related to wireless services, four contacts were related to the Do Not Call Registry, one contact was related to wind energy, one contact was related to the Keystone XL Pipeline, five contacts were related to the Grain Warehouse program, nine contacts were related to issues not regulated by the PUC and three contacts were referred to One Call.
764 of the 779 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 TC20-009, TC20-016, TC20-024, TC20-026, TC20-028, TC20-030, TC20-031 and TC20-033
TC20-009 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. Darla Rogers, Riter Rogers, 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.
TC20-016 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 E. Cremer)
A lengthy discussion took place for docket TC20-016. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2020, September 1, 2020, recording located at: https://puc.sd.gov/commission/media/2020/puc09012020.mp3 .
TC20-024 In the Matter of the Request of RC Technologies for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391674) (Staff Analyst: Lorena Reichert; Commission Attorney: Karen E. Cremer)
Ms. Darla Rogers, Riter Rogers, LLP representing RC Technologies 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.
TC20-026 In the Matter of the Request of Cheyenne River Sioux Tribe Telephone Authority for Certification Regarding its Use of Federal Universal Service Support (Study Area: 391647) (Staff Analyst: Lorena Reichert; Staff Attorney: Amanda Reiss)
Ms. Darla Rogers, Riter Rogers, LLP representing the Cheyenne River Sioux Tribe Telephone Authority (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.
TC20-028 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 TC20-028. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2020, September 1, 2020, recording located at: https://puc.sd.gov/commission/media/2020/puc09012020.mp3 .
TC20-030 In the Matter of the Request of RT Communications, Inc. for Certification Regarding its Use of Federal Universal Service Support (Study Area: 512251) (Staff Analyst: Lorena Reichert; Commission Attorney: Karen E. Cremer)
A lengthy discussion took place for docket TC20-030. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2020, September 1, 2020, recording located at: https://puc.sd.gov/commission/media/2020/puc09012020.mp3 .
TC20-031 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 E. 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.
TC20-033 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: Joseph Rezac; Commission Attorney: Adam de Hueck)
A lengthy discussion took place for docket TC20-033. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2020, September 1, 2020, recording located at: https://puc.sd.gov/commission/media/2020/puc09012020.mp3.
Commissioner Nelson moved to approve a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in TC20-009, TC20-016, TC20-024, TC20-026, TC20-028, TC20-030, TC20-031 and TC20-033. Motion carried 3-0.
Electric
1. EL20-013 In the Matter of the Application by Meridian Wind Project, LLC for a Permit of a Wind Energy Facility and a 345-kV Transmission Facility in Hyde County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Kristen Edwards)
The docket was discussed by the Commission and deferred to the next meeting.
Grain Warehouse
1. GW20-003 In the Matter of the Request for Approval of Settlement Stipulation regarding Violations of SDCL 49-45 by Dakota AgSynergy (Grain Warehouse Program Manager: Cody Chambliss; Staff Attorneys: Kristen Edwards, Amanda Reiss)
The docket was discussed by the Commission and deferred to the next Commission meeting.
There being no further business, at the hour of 10:56 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Macy Jo Murren_______
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
September 1, 2020
