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South Dakota Public Utilities Commission Meeting
July 22, 2021, at 1:30 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 Commission Attorneys: Karen Cremer and Adam de Hueck; Staff Attorneys: Amanda Reiss and Kristen Edwards; Staff Analysts: Patrick Steffensen, Brittany Mehlhaff and Eric Paulson; Staff: Leah Mohr; Bruce Hanson, Fort Randall Telephone Company; Paul Bachand and Gordon Woods, South Dakota Interstate Pipeline; John Schmidt, self.
Joining the meeting by telephone were Commissioners: Kristie Fiegen and Gary Hanson; Staff Analyst: Joseph Rezac; Consumer Affairs Manager: Deb Gregg; Doug Eidahl, Vantage Point Solutions representing Santel Communications Cooperative Inc.; Ryan Thompson, Santel Communications Cooperative; Chris Zirpel, Kennebec Telephone Co.; Marlene Bennett, Consortia Consulting representing Kennebec Telephone Co.; Darla Pollman Rogers, Riter Rogers, LLP representing West River Telecommunications Cooperative and RT Communications, Inc.; Shannon Wendel, West River Telecommunications Cooperative; Tracy Bandemer, Interstate Telecommunications Cooperative, Inc.; Ryan Taylor, Cutler Law Firm, LLP representing Alliance Communications Cooperative Inc. and Midstate Communications, Inc; Kari Flanagan, Alliance Communications Cooperative Inc.; Jason Hendricks, RT Communications, Inc.; Ted Hankins, Qwest Corporation dba CenturyLink QC; Laura Julius, Curt Cabris and Steve Meyer, City of Brookings Municipal Telephone dba Swiftel Communications; Julie Oost, Airus Inc. and Peerless Network of SD, LLC; Andrew Isar, dishNET Wireline LLC; Sharon Thomas, representing Intrado Communications LLC, McLeod USA Telecommunications Services LLC, YMax Communications Corp., Bandwidth.com CLEC LLC, and Fusion Cloud Services LLC; Harvey Oliver, Northern Electric Cooperative Inc; Katelyn Lynch-Butcher, Diane Votino and Daniel Dana, MidAmerican Energy Company.
Administration
1. Approval of the Minutes of the Commission Meeting Held on June 22 and July 6, 2021, and the Special Ad Hoc Meeting held on July 9, 2021 (Staff: Macy Jo Murren)
Commissioner Fiegen moved to approve the minutes of the Commission Meetings held on June 22 and July 6, 2021, and the Special Ad Hoc Meeting held on July 9, 2021. Motion carried 3-0.
Consumer Reports
The Commission received a total of 82 contacts since the last report was prepared for the July 6, 2021, Commission meeting.
Nineteen contacts were related to telecommunications services, 32 contacts were related to electrical services, four contacts were related to natural gas services, four contacts were related to wireless services, seven contacts were related to the Do Not Call Registry, two contacts were related to wind energy, one contact was referred to the Grain Warehouse Program and 13 contacts were related to issues not regulated by the PUC.
1,105 of the 1,123 contacts received in 2021 have been resolved.
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC21-044, TC21-045, TC21-046, TC21-048, TC21-057, TC21-058, TC21-062, TC21-063, TC21-068
TC21-044 In the Matter of the Request of Santel Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391676) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
Mr. Doug Eidahl, Santel Communications Cooperative Inc. (Company), asked that the Commission provide certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the proper use of federal universal service support. Mr. Patrick Steffensen, staff analyst, recommended that the Commission grant the Company’s request.
TC21-045 In the Matter of the Request of Fort Randall Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391660) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
Mr. Bruce Hanson, Fort Randall Telephone Company (Company), asked that the Commission provide certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the proper use of federal universal service support. Mr. Joseph Rezac, staff analyst, recommended that the Commission grant the Company’s request.
TC21-046 In the Matter of the Request of Kennebec Telephone Co., Inc. for Certification Regarding its Use of Federal Universal Service Support (Study Area 391668) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
Ms. Marlene Bennett, Consortia Consulting representing Kennebec Telephone Co., Inc. (Company), asked that the Commission provide certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the proper use of federal universal service support. Mr. Patrick Steffensen, staff analyst, recommended that the Commission grant the Company’s request.
TC21-048 In the Matter of the Request of West River Telecommunications Cooperative for Certification Regarding its Use of Federal Universal Service Support (Study Area: Mobridge–391671) (Staff Analyst: Patrick
Steffensen; Commission Attorney: Adam de Hueck)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing West River Telecommunications Cooperative (Company) requested approval of certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of federal universal service support. Mr. Patrick Steffensen, staff analyst, recommended that the Commission grant the Company’s request.
TC21-057 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391654) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)
Mr. Ryan Taylor, Cutler Law Firm LLP, representing Interstate Telecommunications Cooperative, Inc. (Company), requested the Commission provide certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the proper use of federal universal service support. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission grant the Company’s request.
TC21-058 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399013) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Karen Cremer)
Mr. Ryan Taylor, Cutler Law Firm LLP, representing Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. (Company), requested the Commission provide certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the proper use of federal universal service support. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission grant the Company’s request.
TC21-062 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: Eric Paulson; Commission Attorney: Karen Cremer)
Mr. Ryan Taylor, Cutler Law Firm LLP, representing Alliance Communications Cooperative Inc. (Company), requested approval of certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support. Mr. Eric Paulson, staff analyst, recommended that the Commission grant the Company’s request.
TC21-063 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: Eric Paulson; Commission Attorney: Karen Cremer)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing RT 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. Eric Paulson, staff analyst, recommended that the Commission grant the Company’s request.
TC21-068 In the Matter of the Request of Midstate Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: ILEC-391670 and CLEC-399011) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
Mr. Ryan Taylor, Cutler Law Firm LLP, representing Midstate Communications, Inc. (Company), asked that the Commission provide certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the proper use of federal universal service support. Mr. Patrick Steffensen, staff analyst, recommended that the Commission grant the Company’s request.
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.
2. TC21-036 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Bullseye Telecom, Inc. for the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Mr. Ted Hankins, Qwest Corporation dba CenturyLink QC, requested approval of the Amendment to the Interconnection Agreement. Ms. Amanda Reiss, staff attorney, recommended Commission approval.
Commissioner Fiegen moved to approve the Amendment to the Interconnection Agreement. Motion carried 3-0.
3. TC21-041 In the Matter of the Application of City of Brookings Municipal Telephone dba Swiftel Communications for an Amended Certificate of Authority (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Curt Cabris, City of Brookings Municipal Telephone dba Swiftel Communications, requested approval of the request for waiver and approve the request for an Amended Certificate of Authority. Mr. Joseph Rezac, staff analyst, recommended the Commission approve Brookings Municipal Telephone dba Swiftel Communications’ request .
Commissioner Hanson moved to approve the request for waiver and approve the request for an Amended Certificate of Authority. Motion carried 3-0.
4. TC21-042 In the Matter of the Filing of Airus, Inc. for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Julie Oost, Airus, Inc., requested approval of the proposed tariff revisions with an effective date of July 1, 2021. Ms. Brittany Mehlhaff, staff analyst, recommended Commission approval.
Commissioner Nelson moved to approve the proposed tariff revisions with an effective date of July 1, 2021. Motion carried 3-0.
5. TC21-043 In the Matter of the Filing of Peerless Network of South Dakota, LLC for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Julie Oost, Peerless Network of South Dakota, LLC, requested approval of the proposed tariff revisions with an effective date of July 1, 2021. Ms. Brittany Mehlhaff, staff analyst, recommended Commission approval.
Commissioner Nelson moved to approve the proposed tariff revisions with an effective date of July 1, 2021. Motion carried 3-0.
6. TC21-050 In the Matter of the Approval of a Third-Party Transit Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Wide Voice, LLC (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. Ted Hankins, Qwest Corporation dba CenturyLink QC, requested approval of the Amendment to the Interconnection Agreement. Mr. Patrick Steffensen, staff analyst, recommended Commission approval.
Commissioner Fiegen moved to approve the Amendment to the Interconnection Agreement. Motion carried 3-0.
7. TC21-051 In the Matter of the Approval of a Routing of Traffic Through a Third-Party Transit Provider Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Wide Voice, LLC (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. Ted Hankins, Qwest Corporation dba CenturyLink QC, requested approval of the Amendment to the Interconnection Agreement. Mr. Patrick Steffensen, staff analyst, recommended Commission approval.
Commissioner Fiegen moved to approve the Amendment to the Interconnection Agreement. Motion carried 3-0.
8. TC21-059 In the Matter of the Filing of Fort Randall Telephone Company for Approval of Revisions to Its Intrastate Switched Access Services Tariff (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Bruce Hanson, Fort Randall Telephone Company, requested approval of the proposed tariff revisions with an effective date of July 1, 2021. Mr. Joseph Rezac recommended Commission approval.
Commissioner Hanson moved to approve the proposed tariff revisions with an effective date of July 1, 2021. Motion carried 3-0.
9. TC21-065 In the Matter of the Filing by dishNET Wireline, LLC for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Mr. Andrew Isar, dishNET Wireline, LLC, requested approval of tariff changes.
Mr. Patrick Steffensen, staff analyst, recommended Commission approval.
Commissioner Nelson moved to approve the requested tariff changes. Motion carried 3-0.
10. TC21-071 In the Matter of the Filing of Intrado Communications, LLC for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Sharon Thomas, Intrado Communications, LLC, requested approval of the proposed tariff revisions with an effective date of July 1, 2021. Ms. Brittany Mehlhaff, staff analyst, recommended Commission approval.
Commissioner Nelson moved to approve the proposed tariff revisions with an effective date of July 1, 2021. Motion carried 3-0.
11. TC21-072 In the Matter of the Filing of McLeodUSA Telecommunications Services, LLC for Approval of Revisions to Its Access Services Tariff No. 3 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Sharon Thomas, McLeodUSA Telecommunications Services, LLC, requested approval of the proposed tariff revisions, including those changes filed on July 6, 2021, with an effective date of July 1, 2021. Ms. Brittany Mehlhaff, staff analyst, recommended Commission approval.
Commissioner Nelson moved to approve the proposed tariff revisions, including those changes filed on July 6, 2021, with an effective date of July 1, 2021. Motion carried 3-0.
12. TC21-073 In the Matter of the Filing of YMax Communications Corp. for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Sharon Thomas, YMax Communications Corp., requested approval of the proposed tariff revisions with an effective date of July 1, 2021. Ms. Brittany Mehlhaff, staff analyst, recommended Commission approval.
Commissioner Nelson moved to approve the proposed tariff revisions with an effective date of July 1, 2021. Motion carried 3-0.
13. TC21-074 In the Matter of the Filing of MCImetro Access Transmission Services Corp. dba Verizon Access Transmission Services for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Brittany Mehlhaff, staff analyst, recommended Commission approval of the proposed tariff revisions with an effective date of August 1, 2021. MCImetro Access Transmission Services Corp. dba Verizon Access Transmission Services was not represented at the Commission meeting.
Commissioner Fiegen moved to approve the proposed tariff revisions with an effective date of August 1, 2021. Motion carried 3-0.
14. TC21-076 In the Matter of the Filing of Bandwidth.com CLEC, LLC for Approval of Revisions to Its South Dakota Tariff No. 1 (Staff Analyst: Eric Paulson, Staff Attorney: Amanda Reiss)
Ms. Sharon Thomas, Bandwidth.com CLEC, LLC, requested approval of the proposed tariff revisions with an effective date of July 1, 2021. Mr. Eric Paulson, staff analyst, recommended Commission approval.
Commissioner Nelson moved to approve the proposed tariff revisions with an effective date of July 1, 2021. Motion carried 3-0.
15. TC21-084 In the Matter of the Filing of Fusion Cloud Services, LLC’s for Approval of Revisions to Its South Dakota Tariff No. 1 (Staff Analyst: Eric Paulson, Staff Attorney: Kristen Edwards)
Ms. Sharon Thomas, Fusion Cloud Services, LLC, requested approval of the proposed tariff revisions with an effective date of July 1, 2021. Mr. Eric Paulson, staff analyst, recommended Commission approval.
Commissioner Nelson moved to approve the proposed tariff revisions with an effective date of July 1, 2021. Motion carried 3-0.
Electric
1. EL21-020 In the Matter of the Joint Request for an Electric Service Rights Exception between Northern Electric Cooperative, Inc. and Dakota Valley Electric Cooperative, Inc. (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Harvey Oliver, Northern Electric Cooperative Inc, requested approval for an Electric Service Rights Exception between Northern Electric Cooperative, Inc. and Dakota Valley Electric Cooperative, Inc. Mr. Joseph Rezac, staff analyst, recommended Commission approval.
Commissioner Hanson moved to approve the requested service rights exception between Northern Electric Cooperative, Inc. and Dakota Valley Electric Cooperative Inc. Motion carried 3-0.
Natural Gas
1. NG17-009 In the Matter of the Application of South Dakota Intrastate Pipeline Company for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)
Mr. Paul Bachand, South Dakota Intrastate Pipeline Company, requested withdrawal of Petition. Ms. Amanda Reiss, staff attorney, did not object.
Commissioner Hanson moved to grant the request for Withdrawal of Petition. Motion carried 3-0.
2. NG21-004 In the Matter of the Filing by MidAmerican Energy Company for Removal of a Contract with Deviations with the University of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Ms. Katelyn Lynch-Butcher, MidAmerican Energy Company, requested approval for Removal of a Contract with Deviations with the University of South Dakota. Mr. Eric Paulson, staff analyst, recommended Commission approval.
Commissioner Fiegen moved to approve the Tariff Revisions, effective August 1, 2021. Motion carried 3-0.
Public Comments
Mr. John Schmidt, self, offered public comment about ocean heat and changing atmosphere.
There being no further business, at the hour of 2:49 p.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Macy Jo Murren .
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
July 22, 2021
