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South Dakota Public Utilities Commission Meeting
February 19, 2021, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING


Commissioner Chris Nelson called the meeting to order. Present were Commission Attorney: Karen Cremer; Staff Attorney: Kristen Edwards; Staff: Kaitlyn Baucom; and Kara Semmler, South Dakota Telecommunications Association.

Joining the meeting by telephone were Commissioners: Kristie Fiegen and Gary Hanson ; Commission Attorney: Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorney: Amanda Reiss; Staff Analysts: Brittany Mehlhaff, Patrick Steffensen and Joseph Rezac; Consumer Affairs Manager: Deb Gregg; Darla Pollman Rogers, Riter, Rogers LLP; Alisha Bennett, National Access Long Distance, Inc.; Joseph Walker, Maple Bay Consulting representing National Access Long Distance, Inc.; Amber Stalboerger, Jason Weiers, and Lynn Wolters, Otter Tail Power Company; Kathy Baerlocher, Katlyn Wahl and Travis Jacobson, Montana-Dakota Utilities Company; and Amber Christenson, self.

Administration

Approval of the Minutes of the Commission Meeting Held on February 2, 2021. (Staff: Macy Jo Murren)

         Commissioner Fiegen moved to approve the February 2, 2021 Commission Meeting Minutes. Motion carried 3-0.

Consumer Reports

The Commission received a total of 92 contacts since the last report was prepared for the February 2, 2021 Commission meeting.
Eight contacts were related to telecommunications services, 29 contacts were related to electric services, five contacts were related to natural gas services, six contacts were related to wireless services, 14 contacts were related to the Do Not Call Registry, four contacts were related to wind energy, one contact was referred to One Call and 25 contacts were related to issues not regulated by the PUC.
251 of the 257 contacts received in 2021 have been resolved.

Telecommunications

1.      TC13-026        In the Matter of Study Area Boundaries for Incumbent Local Exchange Carriers (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

      Mr. Joseph Rezac, staff analyst, recommended the Commission certify the current study area boundaries.

         Commissioner Hanson moved to certify the current study area boundaries, as described by staff. Motion carried 3-0.

2.      TC20-061        In the Matter of Staff’s Petition for an Order to Show Cause Against National Access Long Distance, Inc. (Consumer Affairs Manager: Deb Gregg; Staff Attorney: Kristen Edwards)

         Ms. Kristen Edwards, staff attorney, recommended that the Commission adopt the plan set forth in National Access Long Distance, Inc.’s  February 3, 2021, letter and dismiss the Show Cause docket. Mr. Joseph Walker, Maple Bay Consulting representing National Access Long Distance, agreed with the plan.

         Commissioner Fiegen moved to adopt the plan set forth in National Access Long Distance, Inc.’s  February 3, 2021, letter. Motion carried 3-0.

3.      TC21-001        In the Matter of the Application of LTD Broadband LLC for Designation as an Eligible Telecommunications Carrier for Purposes of Receiving Federal Universal Service Support (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

       Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA), asked that the Commission grant SDTA intervention. Ms. Amanda Reiss, staff attorney, recommended the Commission grant intervention to SDTA.

         Commissioner Nelson moved to grant intervention to SDTA. Motion carried 3-0.

4.      TC21-002        In the Matter of the Application by Uniti National LLC for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Joseph Rezac, Staff Attorney: Amanda Reiss)

         Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA), asked that the Commission grant SDTA intervention. Ms. Amanda Reiss, staff attorney, recommended the Commission grant intervention to SDTA.

         Commissioner Hanson moved to grant intervention to SDTA. Motion carried 3-0.
Electric

1.      EL20-032        In the Matter of the Petition of Otter Tail Power Company for Approval of the Transmission Cost Recovery Rider Rate (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

         Ms. Lynn Wolters, Otter Tail Power Company, asked that the Commission approve the TCR rate factors and revised tariff sheet. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve Otter Tail Power Company’s request with an effective date of March 1, 2021.

         Commissioner Fiegen moved to approve Otter Tail Power Company’s TCR rate factors and revised tariff sheet with an effective date of March 1, 2021. Motion carried 3-0.

Natural Gas
1.      NG21-001       In the Matter of the Filing by Montana-Dakota Utilities Company for Approval of Its Revised Conservation Tracking Adjustment (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

         Ms. Katlyn Wahl, Montana-Dakota Utilities Company (MDU), asked that the Commission approve the revised Conservation Tracking Adjustment of $0.020 per dk and the associated Conservation Program Tracking Mechanism Rate 90 tariff sheet. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve MDU’s request with an effective date of March 1, 2021.

         Commissioner Nelson moved to grant Montana-Dakota Utilities Co.’s request for approval of the revised Conservation Tracking Adjustment of $0.020 per dk and the associated Conservation Program Tracking Mechanism Rate 90 tariff sheet, with an effective date of March 1, 2021. Motion carried 3-0.

Item for Commission Discussion

         Commissioner Nelson raised for discussion a recent filing made by Staff in Docket No. EL19-003 which included a letter from Staff and sound report compiled by Staff’s expert sound witness, David Hessler. Commissioner Nelson requested that Staff make Mr. Hessler available for commission questions at a later date. 

Public Comment

Ms. Amber Christenson made public comments regarding the Deuel Harvest Wind Farm.

There being no further business, at the hour of 10:12 a.m. the South Dakota Public Utilities Commission meeting adjourned.    

/s/Macy Jo Murren_______.
Macy Jo Murren
Administrative Specialist
puc@state.sd.us

February 19, 2021