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South Dakota Public Utilities Commission Meeting
July 6, 2021, at 2:00 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Commissioner Chris Nelson called the meeting to order. Present were Commissioner: Gary Hanson; Commission Attorneys: Karen Cremer and Adam de Hueck; Staff Attorneys: Amanda Reiss and Kristen Edwards; Staff Analyst: Eric Paulson; Consumer Affairs Manager: Deb Gregg; Staff: Leah Mohr and Brittany Olson; Darla Pollman Rogers, Riter Rogers, LLP representing Local Exchange Carriers Association; Kara Semmler, South Dakota Telecommunications Association; and Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing North Bend Wind Project, LLC.
Joining the meeting by telephone were Commissioner: Kristie Fiegen; Staff Analysts: Darren Kearney and Joseph Rezac; Stephany Fan and Ronald W. Del Sesto Jr., Morgan Lewis & Bockius LLP representing Uniti Group Inc.; Jeffrey Strenkowski, Uniti Group Inc.; Ross Petrick, Alliance Communications Cooperative, Inc. representing Fiber Ring Revenue Pooling Association; Ted Hankins, Qwest Corporation dba CenturyLink QC; and James Groft, Northern Valley Communications LLC.
Administration
1. Approval of the Minutes of the Commission Meeting Held on June 10, 2021 (Staff: Macy Jo Murren)
Commissioner Fiegen moved to approve the minutes of the Commission Meeting held on June 10, 2021. Motion carried 3-0.
Consumer Reports
The Commission received a total of 69 contacts since the last report was prepared for the June 22, 2021, Commission meeting.
Twelve contacts were related to telecommunications services, 24 contacts were related to electric services, eight contacts were related to natural gas services, five contacts were related to wireless services, four contacts were related to the Do Not Call Registry, one contact was related to the Keystone XL Pipeline, 14 contacts were related to issues not regulated by the PUC and one contact was referred to One Call.
1,022 of the 1,041 contacts received in 2021 have been resolved.
Telecommunications
1. 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)
Mr. Jeffrey Strenkowski, Uniti Group Inc., asked that the Commission approve the requested Certificate of Authority. Ms. Kara Semmler, South Dakota Telecommunications Association, recommended that the Commission approve Uniti Group Inc.’s Certificate of Authority, with consideration that the terms of the Joint Stipulation be incorporated. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant Uniti’s request for a Certificate of Authority to provide local exchange and interexchange long distance services in South Dakota, grant SDTA and Uniti’s request to include the terms and conditions as set forth in the Joint Stipulation, and Uniti’s request for a waiver of ARSD 20:10:32:10.
Commissioner Hanson moved to grant Uniti’s request for a Certificate for Authority to provide local exchange and interexchange long distance services in South Dakota, grant STDA and Uniti’s request to include the terms and conditions as set forth in the Joint Stipulation, and grant Uniti’s request for a waiver of ARSD 20:10:32:10. Motion carried 3-0.
2. TC21-017 In the Matter of the Petition of Fiber Ring Revenue-Pooling Association for Approval of Revised Rates (Staff Analyst: Joseph Rezac, Staff Attorney: Kristen Edwards)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Fiber Ring Revenue-Pooling Association (FRRPA), asked that the Commission approve the revised rates. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve FRRPA’s request.
Commissioner Nelson moved to approve the revised rates set forth in Attachment 1 with an effective date of July 1, 2021. Motion carried 3-0.
3. TC21-030 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and EnTelegent Solutions, Inc. for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Ted Hankins, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the amendment to the interconnection agreement. Ms. Kristen Edwards, staff attorney, recommended the commission approve the amendment.
Commissioner Fiegen moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
4. TC21-032 In the Matter of the Approval of an Unbundled Network Elements (UNEs) – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and MCImetro Access Transmission Services LLC for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Ted Hankins, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the amendment to the interconnection agreement. Ms. Kristen Edwards, staff attorney, recommended the commission approve the amendment.
Commissioner Fiegen moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
5. TC21-034 In the Matter of the Filing by Northern Valley Communications, LLC for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Joseph Rezac, Staff Attorney: Amanda Reiss)
Mr. James Groft, Northern Valley Communications, LLC, asked that the Commission approve the proposed tariff revisions. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the request with an effective date of July 1, 2021.
Commissioner Hanson moved to approve the proposed tariff revisions with an effective date of July 1, 2021. Motion carried 3-0.
6. TC21-038 In the Matter of the Approval of an Unbundled Network Elements (UNEs) – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and XO Communications Services, LLC for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Ted Hankins, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the amendment to the interconnection agreement. Ms. Kristen Edwards, staff attorney, recommended the commission approve the amendment.
Commissioner Fiegen moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
7. TC21-040 In the Matter of the Filing by MCImetro Access Transmission Services Corp. dba Verizon Access Transmission Services for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Joseph Rezac, Staff Attorney: Amanda Reiss)
Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the proposed tariff revisions with an effective date of July 1, 2021.
Commissioner Nelson moved to approve the proposed tariff revisions with an effective date of July 1, 2021. Motion carried 3-0.
Electric
1. EL21-018 In the Matter of the Application by North Bend Wind Project, LLC for a Permit to Construct and Operate the North Bend Wind Project in Hyde County and Hughes County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, recommended that the Commission assess a filing fee not to exceed $342,500 with an initial deposit of $8,000 and authorize the executive director to enter into necessary consulting contracts. Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing North Bend Wind Project, LLC did not object.
Commissioner Fiegen moved to assess a filing fee not to exceed $342,500 with an initial deposit of $8,000 and authorize the executive director to enter into necessary consulting contracts.Motion carried 3-0.
There being no further business, at the hour of 2:18 p.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Macy Jo Murren .
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
July 6, 2021
