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South Dakota Public Utilities Commission Meeting
November 23, 2021, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Present were: Jason Sutton, Boyce Law Firm LLP representing LTD Broadband LLC; Kara Semmler, South Dakota Telecommunications Association; Darla Pollman Rogers, Riter Rogers LLP representing Venture Communications Cooperative and Fiber Ring Revenue-Pooling Association; and William Van Camp, Olinger, Lovald, McCahren, Van Camp & Thompson P.C. representing AT&T Mobility.
Joining the meeting by telephone were Commissioner: Gary Hanson; Staff Analysts: Joseph Rezac and Jon Thurber; Diane Votino, Kevin Nerad and Amanda Hosch, MidAmerican Energy Company; Jeffrey Decker, Northwestern Energy; Travis Jacobson, Rhonda Erickson and Darcy Neigum, Montana-Dakota Utilities Company; Randy Houdek, Venture Communications Cooperative; and Brett Koenecke, May, Adam, Gerdes & Thompson LLP representing North Bend Wind Project LLC.
(Note): For the purpose of continuity, these minutes are not in chronological order.
Administration
- Approval of the Minutes of the Commission Meeting Held on November 12, 2021 (Staff: Juli Hedrick)
Commissioner Fiegen moved to approve the Minutes of the Commission Meeting held on November 12, 2021. Motion carried 3-0.
Consumer Reports
The Commission received a total of 41 contacts since the last report was prepared for the November 12, 2021, Commission meeting.
Sixteen contacts were related to telecommunications services, six contacts were related to electric services, four contacts were related to natural gas services, two contacts were related to wireless services, four contacts were related to the Do Not Call Registry, one contact was related to wind energy and eight contacts were related to issues not regulated by the PUC.
1,751 of the 1,772 contacts received in 2021 have been resolved.
Telecommunications
1. In the Matter of the Failure of Certain Telecommunications Companies to Timely Pay their Gross Receipts Tax (Finance Manager: Cindy Kemnitz)
Ms. Cindy Kemnitz, Finance Manager, asked that the Commission issue an order to show cause for the following companies that have failed to timely pay their gross receipts tax as required by SDCL 49-1A:
DataBytes Inc.
T C Telephone LLC dba Horizon Cellular
Wing Tel, Inc.
Ms. Kemnitz also asked the Commission to defer action on Native American Telecom LLC.
Commissioner Nelson moved to issue an Order to Show Cause as to why the Commission should not fine, and/or suspend or revoke the Certificates of Authority of DataBytes Inc., T C Telephone LLC dba Horizon Cellular, and Wing Tel Inc. for failure to pay the requisite gross receipts tax and defer action on Native American Telecom. 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)
A lengthy discussion took place for docket TC21-001. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2021, November 23, 2021, recording located at:
https://puc.sd.gov/commission/media/2021/puc11232021.mp3
Commissioner Fiegen moved to deny LTD Broadband LLC’s Motion to Strike Expert Testimony of Larry Thompson. Motion carried 2-1. Commissioner Hanson dissenting.
Commissioner Nelson moved to grant LTD Broadband LLC’s Motion to Attend Evidentiary Hearing Via Telephone or Video Link. Motion carried 2-1. Commissioner Fiegen dissenting.
The Commission deferred SDTA’s Motion regarding Use of Confidential Information.
3. TC21-115 In the Matter of the Petition of Fiber Ring Revenue-Pooling Association for Approval of Amended Documents and Additional Traffic Class (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Darla Pollman Rogers, Riter Rogers, LLP representing Fiber Ring Revenue-Pooling Association, asked that the Commission approve Fiber Ring Revenue-Pooling Association’s amended documents and the addition of another traffic class. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve the request.
Commissioner Fiegen moved to approve Fiber Ring Revenue-Pooling Association’s amended documents and the addition of another traffic class. Motion carried 3-0.
Complaint
1. CT20-001 In the Matter of the Complaint of Venture Communications Cooperative against AT&T Mobility (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket CT20-001. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2021, November 23, 2021, recording located at:
https://puc.sd.gov/commission/media/2021/puc11232021.mp3
Commissioner Hanson moved to grant Venture Communications Cooperative’s Motion to Set Hearing Date of December 7, 2021. Motion carried 2-1. Commissioner Fiegen dissenting.
Commissioner Hanson moved to allow testimony via electronic means. Motion failed 0-3.
Commissioner Hanson moved to reconsider the motion passed by the Commission to grant a hearing date of December 7, 2021. Motion carried 3-0.
Commissioner Hanson’s motion to grant Venture Communications Cooperative’s Motion to Set a Hearing Date of December 7, 2021 was reconsidered. Motion failed 0-3.
Electric
1. 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)
Mr. Brett Koenecke, May, Adam, Gerdes & Thompson, LLP representing North Bend Wind Project, LLC, requested the Commission grant North Bend’s Motion to extend the deadline and suspend the current schedule. Ms. Amanda Reiss, staff attorney, recommended that the Commission approve the request but that the Commission leave in place the response deadline for data requests, the requirement that witnesses prefile testimony and that exhibits be prefiled.
Commissioner Nelson moved to grant North Bend’s Motion to Extend the Deadline with Staff’s recommendations and submit a procedural schedule at the next meeting. Motion carried 3-0.
2. EL21-029 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions to Its Rates for Rate 95 and Rate 96 (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Rhonda Erickson, Montana-Dakota Utilities Company, requested that the Commission approve Montana-Dakota Utilities Company’s tariff revisions with an effective date of January 1, 2022. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the request.
Commissioner Fiegen moved to approve Montana-Dakota Utilities Co.’s tariff revisions with an effective date of January 1, 2022. Motion carried 3-0.
3. EL21-030 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions to Its Rate SAL - Street and Area Lighting Tariff (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)
Ms. Diane Votino, MidAmerican Energy Company, requested that the Commission approve MidAmerican Energy Company’s tariff revisions with an effective date of December 1, 2022. Mr. Joseph Rezac, staff analyst, recommended that the Commission approve the request.
Commissioner Hanson moved to approve MidAmerican Energy Company’s tariff revisions with an effective date of December 1, 2021. Motion carried 3-0.
Natural Gas
1. NG21-009 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of its Refund Plan regarding Its Recovery of Manufactured Gas Plant Site Remediation Costs (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)
Mr. Jeffrey Decker, NorthWestern Energy, requested that the Commission approve NorthWestern Energy’s refund plan regarding its recovery of Manufactured Gas Plant Site remediation costs with an effective date of December 1, 2021. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve the request.
Commissioner Fiegen moved to approve NorthWestern Energy’s refund plan regarding its recovery of Manufactured Gas Plant Site remediation costs with an effective date of December 1, 2021. Motion carried 3-0.
/s/ Juli Hedrick
Juli Hedrick
Administrative Specialist
puc@state.sd.us
November 23, 2021
