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South Dakota Public Utilities Commission Meeting
August 3, 2021, 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 Commissioners: Kristie Fiegen and Gary Hanson; Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Amanda Reiss and Kristen Edwards; Staff Analysts: Darren Kearney, Joseph Rezac; Brittany Mehlhaff and Eric Paulson; Consumer Affairs Manager: Deb Gregg; Staff: Leah Mohr and Juli Hedrick; Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing Buffalo Ridge II LLC; and Darla Pollman Rogers, Riter Rogers, LLP representing Valley Telecommunications and RC Technologies.
Joining the meeting by telephone were Jason Topp, Qwest Corporation dba CenturyLink QC and CenturyLink Communications LLC, Jim Cremer, Bantz Gosch & Cremer LLC representing James Valley Cooperative Telephone Company, Northern Valley Communications LLC, and James Valley Wireless LLC; James Groft, James Valley Cooperative Telephone Company, Northern Valley Communications LLC and James Valley Wireless; Marlene Bennett, Consortia Consulting representing TrioTel Communications, Inc., Valley Telecommunications Cooperative Association, Inc., and Beresford Municipal Telephone Company; Jeff Symens, Valley Telecommunications Cooperative Association, Inc., Ryan Taylor, Cutler Law Firm LLP representing TrioTel Communications, Inc.; Heather Kranz, TrioTel Communications, Inc.; Austin Hansen, Beresford Municipal Telephone Company; Robin Thoreson, RC Technologies; Kristen Sare, Avangrid Renewables LLC representing Buffalo Ridge II LLC; Jason Keil, Black Hills Power, Inc. dba Black Hills Energy; Chad Felderman and Lynn Kruse, Dakota Energy Cooperative, Inc.; and Jeff Decker, NorthWestern Corporation dba NorthWestern Energy.
Consumer Reports
The Commission received a total of 74 contacts since the last report was prepared for the June 22, 2021, Commission meeting.
Eighteen contacts were related to telecommunications services, 22 contacts were related to electric services, three contacts were related to natural gas services, one contact was related to gas and electric services, three 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 17 contacts were related to issues not regulated by the PUC.
1,174 of the 1,197 contacts received in 2021 have been resolved.
Telecommunications
1. TC21-012 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and CenturyLink Communications LLC (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC and CenturyLink Communications LLC, asked that the Commission approve the replacement amendment to the interconnection agreement. Mr. Eric Paulson, staff analyst, recommended that the Commission approve the replacement amendment to the interconnection agreement.
Commissioner Fiegen moved to approve the replacement amendment to the interconnection agreement. Motion carried 3-0.
2. TC21-013 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Level 3 Communications LLC (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the replacement amendment to the interconnection agreement. Mr. Eric Paulson, staff analyst, recommended that the Commission approve the replacement amendment to the interconnection agreement.
Commissioner Fiegen moved to approve the replacement amendment to the interconnection agreement. Motion carried 3-0.
3. TC21-016 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Wide Voice, LLC for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the replacement amendment to the interconnection agreement. Mr. Eric Paulson, staff analyst, recommended that the Commission approve the replacement amendment to the interconnection agreement.
Commissioner Fiegen moved to approve the replacement amendment to the interconnection agreement. Motion carried 3-0.
4. TC21-019 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Peerless Network of South Dakota, LLC for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the replacement amendment to the interconnection agreement. Mr. Eric Paulson, staff analyst, recommended that the Commission approve the replacement amendment to the interconnection agreement.
Commissioner Fiegen moved to approve the replacement amendment to the interconnection agreement. Motion carried 3-0.
5. TC21-024 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Northern Valley Communications, LLC for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the replacement amendment to the interconnection agreement. Mr. Eric Paulson, staff analyst, recommended that the Commission approve the replacement amendment to the interconnection agreement.
Commissioner Fiegen moved to approve the replacement amendment to the interconnection agreement. Motion carried 3-0.
6. TC21-031 In the Matter of the Unbundling and Resale Requirements 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. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the replacement amendment to the interconnection agreement. Mr. Eric Paulson, staff analyst, recommended that the Commission approve the replacement amendment to the interconnection agreement.
Commissioner Fiegen moved to approve the replacement amendment to the interconnection agreement. Motion carried 3-0.
7. TC21-039 In the Matter of the Unbundling and Resale Requirements 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. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the replacement amendment to the interconnection agreement. Mr. Eric Paulson, staff analyst, recommended that the Commission approve the replacement amendment to the interconnection agreement.
Commissioner Fiegen moved to approve the replacement amendment to the interconnection agreement. Motion carried 3-0.
8. TC21-086 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Teleport Communications America, LLC (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the amendment to the interconnection agreement. Ms. Amanda Reiss, staff attorney, recommended that the Commission approve the request.
Commissioner Nelson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
9. TC21-089 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and AT&T Corporation (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the amendment to the interconnection agreement. Ms. Amanda Reiss, staff attorney, recommended that the Commission approve the request.
Commissioner Nelson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
10. TC21-091 In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Spectrotel, Inc. dba OneTouch Communications dba Touch Base Communications (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the replacement amendment to the interconnection agreement. Mr. Eric Paulson, staff analyst, recommended that the Commission approve the replacement amendment to the interconnection agreement.
Commissioner Fiegen moved to approve the replacement amendment to the interconnection agreement. Motion carried 3-0.
11. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC21-047, TC21-049, TC21-052, TC21-053, TC21-054, TC21-061, TC21-066, TC21-067
TC21-047 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)
Mr. Jeff Symens, Valley Telecommunications Cooperative Association, Inc., 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.
TC21-049 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, TrioTel Communications, Inc. 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.
TC21-052 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 & Cremer LLC, representing James Valley Cooperative Telephone 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. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission grant the Company’s request.
TC21-053 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 & Cremer LLC, representing Northern Valley Communications, LLC, 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. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission grant the Company’s request.
TC21-054 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 & Cremer LLC representing James Valley Wireless, LLC, 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. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission grant the Company’s request.
TC21-061 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: Eric Paulson; Commission Attorney: Karen Cremer)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC 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. Eric Paulson, staff analyst, recommended that the Commission grant the Company’s request.
TC21-066 In the Matter of the Request of Beresford Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391649) (Staff Analyst: Eric Paulson; Commission Attorney: Adam de Hueck)
Ms. Marlene Bennett, Consortia Consulting representing Beresford Municipal Telephone 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. Eric Paulson, staff analyst, recommended that the Commission grant the Company’s request.
TC21-067 In the Matter of the Request of RC Technologies for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391674) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing RC Technologies, 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. Eric Paulson, staff analyst, recommended that the Commission grant the Company’s request.
Commissioner Hanson 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. EL08-031 In the Matter of the Application by Buffalo Ridge II LLC a Subsidiary of Iberdrola Renewables, Inc., for an Energy Conversion Facility Permit for the Construction of the Buffalo Ridge II Wind Farm and Associated Collection Substation and Electric Interconnection System. (Staff Analyst: Darren Kearney; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket EL08-031. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2021, August 3, 2021, recording or located at https://puc.sd.gov/commission/media/2021/puc08032021.mp3. Commissioner Nelson deferred the docket until further notice.
2. EL21-002 In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval to Amend the Energy Cost Adjustment (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Jason Keil, Black Hills Power, Inc. dba Black Hills Energy, asked to withdraw the Application and that the Commission close the docket. Mr. Eric Paulson, staff analyst, recommended that the Commission grant the Motion to Withdraw the Application and close the docket.
Commissioner Fiegen moved to grant the Motion to Withdraw and close the docket. Motion carried 3-0.
3. EL21-021 In the Matter of the Joint Request for Service Rights Exception between Dakota Energy Cooperative, Inc. and NorthWestern Corporation dba NorthWestern Energy (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
Mr. Lynn Kruse, Dakota Energy Cooperative, and Mr. Jeff Decker, NorthWestern Energy, asked that the Commission approve the requested service rights exception between Dakota Energy Cooperative, Inc. and NorthWestern Energy Corporation dba NorthWestern Energy. Mr. Darren Kearney, staff analyst, recommended the Commission approve the request.
Commissioner Nelson moved to approve the requested service rights exception between Dakota Energy Cooperative, Inc. and NorthWestern Energy Corporation dba NorthWestern Energy. Motion carried 3-0.
There being no further business, at the hour of 10:55 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Macy Jo Murren .
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
August 3, 2021
