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South Dakota Public Utilities Commission Meeting
October 28, 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; Acting Commissioner: Ryan Brunner; Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorney: Amanda Reiss; Staff Analysts: Jon Thurber, Brittany Mehlhaff, Eric Paulson; Staff: Juli Hedrick.

Joining the meeting by telephone were Staff Analysts: Patrick Steffensen, Joseph Rezac; Ryan Taylor, Cutler Law Firm, LLP representing Hills Telephone Company, Inc.; Tracy Bandemer, Interstate Telecommunications Cooperative, Inc.; Mikaela Burma, Vantage Point Solutions, representing Interstate Telecommunications Cooperative, Inc.; Ted Hankins, Qwest Corporation dba CenturyLink QC; Kevin Solie and Casey Jacobson, Basin Electric Power Cooperative; Harvey Oliver, Richards Tonner Oliver Fischbach & Dell LLP representing Northern Electric Cooperative, Inc.; Douglas Denney, Electric Lightwave LLC dba Allstream; Kara Semmler, South Dakota Telecommunications Association.

Administration

1.   Approval of the Minutes of the Commission Meeting Held on October 12, 2021 (Staff: Juli Hedrick)

Commissioner Fiegen moved to approve the Minutes of the Commission Meeting held on October 12, 2021. Motion carried 3-0.

Consumer Reports

       The Commission received a total of 85 contacts since the last report was prepared for the October 12, 2021, Commission meeting.

        Sixteen contacts were related to telecommunications services, 33 contacts were related to electric services, 12 contacts were related to natural gas services, five contacts were related to wireless services, one contact was related to the Do Not Call Registry, 16 contacts were related to issues not regulated by the PUC and two contacts were referred to One Call. 

        1,648 of the 1,673 contacts received in 2021 have been resolved.

Electric

Chairman Nelson relinquished the gavel to Vice Chair Fiegen and departed the commission bench.  Acting Commissioner Brunner assumed his place on the commission bench.

1.      EL09-028        In the Matter of the Application by PrairieWinds SD1, Inc., a subsidiary of Basin Electric Power Cooperative, for a Wind Energy Facility Permit for the PrairieWinds SD1 Wind Farm and Associated Facilities (Staff Analysts: Jon Thurber, Darren Kearney; Staff Attorney: Amanda Reiss)

         Ms. Casey Jacobson, Basin Electric Power Cooperative, asked that the Commission grant the Joint Motion for Approval of Decommissioning Plan and Financial Assurance.  Ms. Amanda Reiss, staff attorney, staff attorney, recommended that the Commission approve the request.

         Acting Commissioner Brunner moved to approve the Joint Motion for Approval of Decommissioning Plan and Stipulation of Financial Assurance.  Motion carried 3-0.

Acting Commissioner Brunner departed the commission bench.  Vice Chair Fiegen relinquished the gavel to Chairman Nelson to continue the meeting.

Telecommunications

1.      TC21-023        In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Nebraska Technology and Telecommunications Inc. for the State of South Dakota (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

         Mr. Ted Hankins, Qwest Corporation dba CenturyLink QC, requested that the Commission approve the amendment to the interconnection agreement.  Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the amendment.

         Commissioner Fiegen moved to approve the amendment to the interconnection agreement.Motion carried 3-0.

2.      TC21-085        In the Matter of the Filing of BullsEye Telecom, Inc. 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 7, 2021.

         Commissioner Hanson moved to approve the proposed tariff revisions with an effective date of July 7, 2021.  Motion carried 3-0.

3.      TC21-099        In the Matter of the Filing of Hills Telephone Company, Inc. for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

            Mr. Ryan Taylor, Cutler Law Firm, LLP representing Hills Telephone Company, Inc., requested that the proposed tariff revisions for the former Hills Telephone Company, Inc. be approved.  Mr. Joseph Rezac, staff analyst, asked that the Commission approve the proposed tariff revisions 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.

4.      TC21-110        In the Matter of Interstate Telecommunications Cooperative, Inc.’s Application for Designation as an Eligible Telecommunications Carrier for the Purpose of Receiving Federal Universal Service Support for Lifeline Only in the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
        
         Ms. Mikaela Burma, Vantage Point Solutions, representing Interstate Telecommunications Cooperative, Inc., requested the commission approve the application. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve and grant Interstate Telecommunications Cooperative, Inc.’s application for designation as an Eligible Telecommunications Carrier for the areas shown on Exhibit A of the application for the purpose of Lifeline only support and that the Commission grant Interstate Telecommunications Cooperative, Inc.’s request to waive the two-year plan requirement found in ARSD 20:10:32:43.02.

         Commissioner Nelson moved to approve Interstate Telecommunications Cooperative, Inc.’s application for designation as an Eligible Telecommunications Carrier for the areas shown on Exhibit A of the application for the purpose of Lifeline only support and grant Interstate Telecommunications Cooperative, Inc.’s request to waive the two-year plan requirement found in ARSD 20:10:32:43.02.Motion carried 3-0.

5.      TC21-112        In the Matter of the Approval of the Partner Delivery Service Arrangements Amendment to the Type 1 and Type 2 Paging Connection Service Agreement between Qwest Corporation dba CenturyLink QC and Spok, Inc. for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

         Mr. Ted Hankins, Qwest Corporation dba CenturyLink QC, requested that the Commission approve the amendment. Mr. Eric Paulson, staff analyst, recommended the amendment be approved by the Commission.

         Commissioner Fiegen moved to approve the amendment to the interconnection agreement.Motion carried 3-0.

6.      TC21-113        In the Matter of the Application by Electric Lightwave LLC dba Allstream for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA), requested that the Commission grant intervention. Mr. Douglas Denney, Electric Lightwave LLC dba Allstream, did not object.  Ms. Amanda Reiss, staff attorney, recommended the Commission grant intervention to SDTA.

Commissioner Hanson moved to grant intervention to SDTA.Motion carried 3-0.

Electric continued

2.      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, asked the Commission to grant staff’s Motion for Adoption of Procedural Schedule.  Mr. Brett Koenecke, representing North Bend Wind Project, LLC, and Mr. James Malters, representing Judi and Michael Bollweg, both filed letters into the docket stating no objections to the proposed scheduled.

         Commissioner Fiegen moved to grant staff’s Motion for Adoption of Procedural Schedule.  Motion carried 3-0.

3.      EL21-027        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: Kristen Edwards)
        
Mr. Harvey Oliver, Richards Tonner Oliver Fischbach & Dell LLP representing Northern Electric Cooperative, Inc., requested the Commission to approve the service rights exception between Northern Electric Cooperative, Inc., and Dakota Valley Electric Cooperative, Inc. Mr. Joseph Rezac, staff analyst, recommended approval.

         Commissioner Nelson moved to approve the requested service rights exception between Northern Electric Cooperative, Inc., and Dakota Valley Electric Cooperative, Inc.Motion carried 3-0.

         There being no further business, at the hour of 9:54 a.m. the South Dakota Public Utilities Commission meeting adjourned.

 

/s/ Juli Hedrick            .
Juli Hedrick
Administrative Specialist
puc@state.sd.us
October 28, 2021