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South Dakota Public Utilities Commission Meeting
August 19, 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 Commissioner: Kristie Fiegen; Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorney: Kristen Edwards; Staff Analysts: Darren Kearney, Joseph Rezac; Brittany Mehlhaff and Eric Paulson; Consumer Affairs Manager: Deb Gregg; Staff: Leah Mohr and Juli Hedrick; Amber Christensen, self; Darla Pollman Rogers, Riter Rogers, LLP representing Venture Communications Cooperative, Golden West Telecommunications Cooperative, Inc., Cheyenne River Sioux Tribe Telephone Authority, Faith Municipal Telephone Company, Clarity Telecom, LLC and South Dakota Rural Electric Association; Daryl Elcock, Clarity Telecom LLC, dba Vast Broadband; Randy Houdek, Venture Communications Cooperative; Kara Semmler, South Dakota Telecommunications Association and Bill Van Camp, South Dakota Municipal Electric Association.
Joining the meeting by telephone were Commissioner: Gary Hanson; Staff Attorney: Amanda Reiss; Staff Analysts: Patrick Steffensen and Jon Thurber; Curt Kabris, Laura Julius, Mary Sisak and Steve Meyer, Brookings Municipal Telephone; Janelle Jessen, Venture Communications Cooperative; Jill Reinhart and Denny Law, Golden West Telecommunications Cooperative, Inc.; Mona Thompson, Cheyenne River Sioux Tribe Telephone Authority; Debbie Brown, City of Faith Municipal Telephone Company; Marlene Bennett, Consortia Consulting representing City of Faith Municipal Telephone Company, Midstate Communications, Inc. – CLEC and ATV Holdings, LLC dba Mitchell Telecom; Robin Davidson, Clarity Telecom, LLC dba Vast Broadband; Jonathan Boike, JSI Consulting representing Clarity Telecom, LLC dba Vast Broadband; Colgan Huber, West River Cooperative Telephone Company; Paul Bergmann, Jefferson Telephone Company; Jason Sutton, Boyce Law Firm LLP representing LTD Broadband LLC; Carey Roesel, Broadvox-CLEC LLC; Jason Topp, Qwest Corporation dba CenturyLink QC and CenturyLink Communications LLC; Brian Murphy, NextEra Energy, Inc. representing Crowned Ridge Wind, LLC; Richard Lampeter, Epsilon Associates, Inc. representing Crowned Ridge Wind, LLC; R. Shawn Tornow, Tornow Law Office, P.C. representing Allen Robish; Miles Schumacher, Lynn, Jackson, Shultz and Lebrun, PC representing Crowned Ridge Wind, LLC and Clay-Union Electric, Inc.; Chris Larson, Clay-Union Electric, Inc.; and James McCulloch, City of Vermillion; Pat Mastel, Midcontinent Communications.
Administration
1. Approval of the Minutes of the Commission Meetings held on July 22 and August 3, 2021 (Staff: Macy Jo Murren)
Commissioner Fiegen moved to approve the Commission Meeting minutes held on July 22 and August 3, 2021. Motion carried 3-0.
Consumer Reports
The Commission received a total of 98 contacts since the last report was prepared for the August 3, 2021, Commission meeting.
Fourteen contacts were related to telecommunication services, 53 contacts were related to electric services, four contacts were related to natural gas services, one contact was related to gas and electric services, five contacts were related to wireless services, three contacts were related to the Do Not Call Registry, three contacts were referred to One Call and 15 contacts were related to issues not regulated by the PUC.
1,273 of the 1,295 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 TC21-055, TC21-056, TC21-060, TC21-064, TC21-069, TC21-070, TC21-075, TC21-077, TC21-080, TC21-082
TC21-055 In the Matter of the Request of City of Brookings Municipal Telephone for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391650) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
Ms. Mary Sisak, City of Brookings Municipal Telephone, 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.
TC21-056 In the Matter of the Request of Brookings Municipal Utilities dba Swiftel Communications for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399009) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
Ms. Mary Sisak, Brookings Municipal Utilities dba Swiftel Communications, 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.
TC21-060 In the Matter of the Request of Venture Communications Cooperative for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391680) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
Ms. Darla Pollman Rogers, Riter Rogers LLP representing Venture Communications Cooperative, 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.
TC21-064 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: Joseph Rezac; Commission Attorney: Adam de Hueck)
Ms. Darla Pollman Rogers, Riter Rogers LLP representing Golden West Telecommunications Cooperative, 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.
TC21-069 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: Eric Paulson; Commission Attorney: Adam de Hueck)
Ms. Darla Pollman Rogers, Riter Rogers LLP representing Cheyenne River Sioux Tribe Telephone Authority, 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.
TC21-070 In the Matter of the Request of Midcontinent Communications for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399005) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
Mr. Pat Mastel, Midcontinent Communications, 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.
TC21-075 In the Matter of the Request of City of Faith Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391653) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
Ms. Darla Pollman Rogers, Riter Rogers LLP representing City of Faith 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.
TC21-077 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: Joseph Rezac; Commission Attorney: Adam de Hueck)
Ms. Darla Pollman Rogers, Riter Rogers LLP representing Clarity Telecom, LLC dba Vast Broadband, 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.
TC21-080 In the Matter of the Request of West River Cooperative Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area 391689) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
Mr. Colgan Huber, West River 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. Mr. Patrick Steffensen, staff analyst, recommended that the Commission grant the Company’s request.
TC21-082 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)
Ms. Darla Pollman Rogers, Riter Rogers LLP representing Jefferson 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. Joseph Rezac, 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 for calendar year 2020 and 2021 for TC21-056 and for calendar year 2020 for TC21-055, TC21-060, TC21-064, TC21-069, TC21-070, TC21-075, TC21-077, TC21-080 and TC21-082.Motion carried 3-0.
2. 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)
Mr. Jason Sutton, Boyce Law Firm LLP representing LTD Broadband LLC, asked that the Commission approve the Stipulation for Protective Order for Confidentiality. Ms. Kara Semmler, South Dakota Telecommunications Association, supported the request. Ms. Amanda Reiss, staff attorney, did not object.
Commissioner Fiegen moved to approve the Stipulation for Protective Order for Confidentiality.Motion carried 3-0.
3. TC21-078 In the Matter of the Filing of Broadvox-CLEC, LLC for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Mr. Carey Roesel, Broadvox-CLEC, LLC, asked that the Commission approve the proposed tariff revisions. Mr. Patrick Steffensen, staff analyst, recommended 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.
4. TC21-083 In the Matter of the Filing of Granite Telecommunications, LLC for Approval of Revisions to Its Access Services Tariff No. 3 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Mr. Patrick Steffensen, 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.
5. TC21-090 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 Intrado Communications, LLC for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC and CenturyLink Communications LLC, asked that the Commission approve the amendment to the interconnection agreement. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the request.
Commissioner Fiegen moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
6. TC21-092 In the Matter of the Filing of Midcontinent Communications for Approval of Revisions to Its Access Services Tariff (Staff Analyst: Eric Paulson, Staff Attorney: Amanda Reiss)
Mr. Pat Mastel, Midcontinent Communications, asked that the Commission approve the proposed tariff revisions. Mr. Eric Paulson, staff analyst, recommended that the Commission approve the request with an effective date of July 31, 2021.
Commissioner Hanson moved to approve the proposed tariff revisions with an effective date of July 31, 2021. Motion carried 3-0.
7. TC21-095 In the Matter of the Filing of Midstate Communications, Inc. for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Ms. Marlene Bennett, Consortia Consulting representing Midstate Communications, Inc., asked that the Commission approve the proposed tariff revisions. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve the request 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.
8. TC21-096 In the Matter of the Filing of ATV Holdings, LLC dba Mitchell Telecom for Approval of Revisions to Its Switched Access Tariff No. 1 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Ms. Marlene Bennett, Corsortia Consulting representing ATV Holdings, LLC dba Mitchell Telecom, asked that the Commission approve the proposed tariff revisions. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve the request with the effective date of July 1, 2021.
Commissioner Fiegen moved to approve the proposed tariff revisions with an effective date of July 1, 2021. Motion carried 3-0.
9. TC21-101 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 QuantumShift Communications, Inc. dba vCom Solutions for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC and CenturyLink Communications LLC, asked that the Commission approve the amendment to the interconnection agreement. Mr. Joseph Rezac, recommended that the Commission approve the request.
Commissioner Fiegen moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
10. TC21-103 In the Matter of the Approval of an Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Airus, Inc. fka IntelePeer, Inc. for the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC and CenturyLink Communications LLC, asked that the Commission approve the amendment to the interconnection agreement. Mr. Joseph Rezac, recommended that the Commission approve the request.
Commissioner Fiegen moved to approve the amendment to the Interconnection Agreement.Motion carried 3-0.
Electric
1. EL19-003 In the Matter of the Application by Crowned Ridge Wind, LLC for a Permit of a Wind Energy Facility in Grant and Codington Counties (Staff Analysts: Darren Kearney, Jon Thurber, Eric Paulson; Staff Attorneys: Kristen Edwards, Amanda Reiss)
A lengthy discussion took place for docket EL19-003. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2021, August 19, 2021, recording located at: https://puc.sd.gov/commission/media/2021/puc08192021.mp3.
Commissioner Fiegen moved to deny the Motion to Amend Mitigation Plan of the Sound Study Protocol of Crowned Ridge Wind, LLC, Fall 2021. Motion carried 2-1, Commissioner Hanson dissenting.
2. EL21-022 In the Matter of the Request for a Declaratory Ruling Regarding the Electric Service Territory Boundary Between Clay-Union Electric, Inc. and the City of Vermillion
A lengthy discussion took place for docket EL21-022. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2021, August 19, 2021, recording located at: https://puc.sd.gov/commission/media/2021/puc08192021.mp3.
Commissioner Hanson moved to declare that the streetlights, as described in the Petition, are public service facilities. Motion carried 3-0.
Public Comments
Ms. Darla Pollman Rogers, Mr. Bill Van Camp, Ms. Amber Christenson, Ms. Kara Semmler, Mr. James McCulloch and Mr. Chris Larson made public comments.
There being no further business, at the hour of 11:43 a.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Macy Jo Murren .
Macy Jo Murren
Administrative Specialist
puc@state.sd.us
August 19, 2021
