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South Dakota Public Utilities Commission Meeting
August 27, 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 Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Amanda Reiss and Kristen Edwards; Staff Analysts: Brittany Mehlhaff and Eric Paulson;  Staff: Leah Mohr and Juli Hedrick; Darla Pollman Rogers, Riter Rogers, LLP representing Clarity Telecom, LLC dba Vast Broadband; and Bob Mercer, Keloland News.

Joining the meeting by telephone were Commissioners: Kristie Fiegen and Gary Hanson; Staff Analysts: Patrick Steffensen and Joseph Rezac; Jonathan Boike, JSI Consulting representing Clarity Telecom, LLC dba Vast Broadband; Jon Blessing, AT&T Corp.; Wendy Harper, Vantage Point Solutions representing Interstate Telecommunications Cooperative, Inc. fka SSTELECOM; Jason Topp, Qwest Corporation dba CenturyLink QC; Carey Roesel, Inteserra Consulting Group representing Intrado Communications LLC and Neutral Tandem of South Dakota LLC; Pat Mastel, Midcontinent Communications dba Midco; Meredith Moore, Cutler Law Firm representing Alliance Communications Cooperative, Inc.; Marc Eyre and Jason Keil, Black Hills Power dba Black Hills Energy; Lynn Wolters, Cary Stephenson and Amber Stalboerger, Otter Tail Power Company; Katelyn Lynch-Butcher, Kelly Orcutt, Anne McMinimee, MidAmerican Energy Company; Jeff Decker, NorthWestern Energy; and Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing Montana-Dakota Utilities Co.

Consumer Reports

             The Commission received a total of 51 contacts since the last report was prepared for the August 19, 2021, Commission meeting.

             Twelve contacts were related to telecommunications services, 14 contacts were related to electrical services, two contacts were related to natural gas services, four contacts were related to wireless services, two contacts were related to the Do Not Call Registry, one contact was related to the Keystone XL Pipeline, one contact was referred to One Call, one contact was referred to the Grain Warehouse Program and 14 contacts were related to issues not regulated by the PUC.

             1,316 of the 1,346 contacts received in 2021 have been resolved.

Telecommunications

1.      TC21-037        In the Matter of the Filing by Clarity Telecom, LLC dba Vast Broadband for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

         Ms. Darla Pollman Rogers, Riter Rogers LLP representing Clarity Telecom, LLC dba Vast Broadband, 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 Fiegen moved to approve the proposed tariff revisions with an effective date of July 1, 2021. Motion carried 3-0.

2.      TC21-079        In the Matter of the Filing of AT&T Corp. for Approval of Revisions to Its Access Services and Network Interconnection Services Tariff (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

        Mr. Jon Blessing, AT&T Corp, 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.

3.      TC21-094        In the Matter of Interstate Telecommunications Cooperative, Inc. fka SSTELECOM for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Eric Paulson, Staff Attorney: Kristen Edwards)
 
         Ms. Wendy Harper, Interstate Telecommunications Cooperative, Inc. fka SSTELECOM, asked that the Commission approve the proposed tariff revisions. Mr. Eric Paulson, staff analyst, recommended the Commission approve the request with an effective date of July 15, 2021.

            Commissioner Hanson moved to approve the proposed tariff revisions with an effective date of July 15, 2021. Motion carried 3-0.

4.      TC21-098        In the Matter of the Approval of an Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Intrado Communications, 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 request.

         Commissioner Nelson moved to approve the replacement amendment to the Interconnection Agreement. Motion carried 3-0.

5.      TC21-100        In the Matter of the Filing of Intrado Communications, LLC for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Eric Paulson, Staff Attorney: Kristen Edwards)

            Mr. Carey Roesel, Intessera Consulting Group representing Intrado Communications, LLC, 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 Fiegen moved to approve the proposed tariff revisions with an effective date of July 31, 2021. Motion carried 3-0.

6.      TC21-102        In the Matter of the Approval of the Amended Interconnection Agreement between Midcontinent Communications dba Midco and Alliance Communications Cooperative, Inc. (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

        Mr. Pat Mastel, Midcontinent Communications dba Midco, asked that the Commission approve the amendment to the Interconnection Agreement. Ms. Meredith Moore, Cutler Law Firm, LLP representing Alliance Communications Cooperative, agreed with the comments. Ms. Kristen Edwards, staff attorney, recommended that the Commission approve the request.

         Commissioner Hanson moved to approve the amendment to the Interconnection Agreement. Motion carried 3-0.

7.      TC21-104        In the Matter of the Approval of an Unbundling and Resale Requirements Amendment between Qwest Corporation dba CenturyLink QC and QuantumShift Communications, Inc. dba vCom Solutions for the State of South Dakota (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

         Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the amendment to the Interconnection Agreement. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve the request.

            Commissioner Nelson moved to approve the amendment to the Interconnection Agreement. Motion carried 3-0.

8.      TC21-105        In the Matter of the Filing of Neutral Tandem-South Dakota, LLC for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Eric Paulson, Staff Attorney: Kristen Edwards)
 
         Mr. Carey Roesel, Inteserra Consulting Group representing Neutral Tandem-South Dakota, LLC, 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 August 3, 2021.

Commissioner Fiegen moved to approve the proposed tariff revisions with an effective date of August 3, 2021. Motion carried 3-0.

Electric

1.      EL21-011        In the Matter of the Application of Black Hills Power, Inc., dba Black Hills Energy to Amend its Cogeneration and Small Power Production Service Tariff (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)

         Mr. Jason Keil, Black Hills Power, Inc., dba Black Hills Energy, asked that the Commission suspend the procedural schedule for 30 days. Ms. Kristen Edwards, staff attorney, recommended that the Commission approve the request.

         Commissioner Hanson moved to grant the Motion for Suspension of Procedural Schedule and ordered the parties to file a settlement stipulation or request a new procedural schedule within 30 days. Motion carried 3-0.

2.      EL21-017        In the Matter of Otter Tail Power Company’s Petition for Approval of Phase-In Rider Rate (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

         Ms. Lynn Wolters, Otter Tail Power Company (Otter Tail), asked that the Commission approve Otter Tail’s Phase-In Rider Rate and revised tariff sheet. Mr. Joseph Rezac, staff analyst, recommended the Commission approve $345,134 revenue requirement for the September 1, 2021, through August 31, 2022, plan year. This results in a 1.351% “percent of bill” phase-in rider factor effective September 1, 2021.

            Commissioner Fiegen moved to approve Otter Tail Power Company’s Phase-In Rider Rate and revised tariff sheet with an effective date of September 1, 2021. Motion carried 3-0.

3.      EL21-023        In the Matter of the Filing by Black Hills Power, Inc. dba Black Hills Energy for Approval of a Contract with Deviations with GCC Dacotah, Inc. (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)

            Mr. Jason Keil, Black Hills Power, Inc. dba Black Hills Energy, asked that the Commission approve the contract with deviations and associated tariff revisions. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve the request with an effective date of September 1, 2021.

            Commissioner Nelson moved to approve the contract with deviations and associated tariff revision with an effective date of September 1, 2021. Motion carried 3-0.

Gas and Electric

1.      GE20-002       In the Matter of Investor-Owned Utilities’ Joint Request for Deferred Treatment of the Financial Effects of COVID-19 and the Creation of Regulatory Assets (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson; Staff Attorney: Kristen Edwards)

         Mr. Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing Montana-Dakota Utilities Co., asked that the Commission allow Montana-Dakota Utilities Co. to withdraw from the docket and cease quarterly reporting requirements. Ms. Katelyn Lynch-Butcher, MidAmerican Energy Co., asked that the Commission allow MidAmerican Energy Co. to withdraw from the docket and cease quarterly reporting requirements. Mr. Jeffrey Decker, NorthWestern Energy, asked that the Commission allow NorthWestern Energy to withdraw from the docket and cease quarterly reporting requirements.  Mr. Patrick Steffensen, staff analyst, recommended the Commission grant Montana-Dakota, MidAmerican, and NorthWestern’s requests.

         Commissioner Hanson moved to grant the requests of Montana-Dakota, MidAmerican, and NorthWestern to withdraw from the docket and cease quarterly reporting requirements. Motion carried 3-0.

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
August 27, 2021