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South Dakota Public Utilities Commission Meeting
February 18, 2022, at 9:30 A.M. CST
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF COMMISSION HEARING
Commissioner Chris Nelson called the meeting to order. Present were Commissioner: Gary Hanson; Commission Attorney: Adam de Hueck; Staff Attorneys: Amanda Reiss and Kristen Edwards, Staff Analysts: Darren Kearney, Brittany Mehlhaff, Eric Paulson and Joseph Rezac; Consumer Affairs Staff: Deb Gregg; Staff: Leah Mohr.
Present were: Kara Semmler, South Dakota Telecommunications Association; Corey Hauer, LTD Broadband LLC; Jason Sutton, representing LTD Broadband LLC; Mark Barber, Tim Zilverberg.
Joining the meeting by telephone were Commissioner: Kristie Fiegen; Commission Attorney: Karen Cremer; Staff Analyst: Jon Thurber; Cary Stephenson, Stuart Tommerdahl, Jason Weiers and Lynn Wolters, Otter Tail Power Company; Kathy Bearlocher, Nathan Bensen, Larry Oswald, Katlyn Wahl and Tara Vesey, Montana-Dakota Utilities Co.; Michael Donahue, Marashlian & Donahue LLC representing Celerity Networks LLC; Jason Topp, Qwest Corporation dba Century Link QC; and Larry Thompson, Vantage Point representing South Dakota Telecommunications Association.
Administration
1. Approval of the Minutes of the Commission Meeting Held on February 1, 2022 (Staff: Janeth Merriman)
Commissioner Fiegen moved to approve the Minutes of the Commission Meeting held on February 1, 2022. Motion carried 3-0.
Consumer Reports
- Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 105 contacts since the last report was prepared for the February 1, 2022, Commission meeting.
Seven contacts were related to telecommunications services, 25 contacts were related to electric services, 10 contacts were related to natural gas services, two contacts were related to gas and electric services, eight contacts were related to wireless services, four contacts were related to the Do Not Call Registry, one contact was related to wind energy, 28 contacts were related to carbon pipelines, 20 contacts were related to issues not regulated by the PUC.
202 of the 220 contacts received in 2022 have been resolved.
Hydrocarbon and Carbon Dioxide Pipeline
1. HP22-001 In the Matter of the Application by SCS Carbon Transport LLC for a Permit to Construct a Carbon Dioxide Transmission Pipeline (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Kristen Edwards)
Ms. Kristen Edwards, staff attorney, requested the Commission assess a filing fee to not exceed $592,500 with an initial deposit of $8,000; and requested the Commission authorize the executive director to enter into necessary consulting contracts. Commissioner Fiegen recused herself from the discussion, citing a conflict of interest under SDCL 49-1-9 regarding familial ownership of property that is part of the proposed project route.
Commissioner Hanson moved to assess a filing fee not to exceed $592,500 with an initial deposit of $8,000 and authorize the executive director to enter into necessary consulting contracts. Motion carried 2-0.
Electric
1. EL21-031 In the Matter of the Petition of Otter Tail Power Company for Approval of the Transmission Cost Recovery Rider Rate (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
A lengthy discussion took place for docket EL21-031. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, February 18, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc02182022.mp3
Commissioner Nelson moved to approve Otter Tail Power Company’s TCR rate factors and revised tariff sheet with an effective date of March 1, 2022, including the recommendations made by Commission staff and with the understanding that allocation factors may need to be updated for the 2022 true-up. Motion carried 3-0.
Natural Gas
1. NG22-001 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Its Revised Conservation Tracking Adjustment (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Ms. Katlyn Wahl, Montana-Dakota Utilities Co., requested the Commission grant approval of the revised Conservation Tracking Adjustment of $0.025 per dk and the associated Conservation Program Mechanism Rate 90 tariff sheet, with an effective date of March 1, 2022. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission grant the company’s request.
Commissioner Fiegen moved to grant Montana-Dakota Utilities Co.’s request for approval of the revised Conservation Tracking Adjustment of $0.025 per dk and the associated Conservation Program Tracking Mechanism Rate 90 tariff sheet, with an effective date of March 1, 2022.Motion carried 3-0.
Telecommunications
1. TC21-125 In the Matter of the Application of Celerity Networks LLC for a Certificate of Authority to Provide Local Exchange Telecommunications Services in the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Michael Donahue, Marashlian & Donahue LCC, representing Celerity Networks LLC, requested the Commission approve the Joint Stipulation between South Dakota Telecommunication Association (SDTA) and Celerity Networks LLC (Celerity), and grant a Certificate of Authority to provide Local Exchange Services in South Dakota. Mr. Eric Paulson, staff analyst, recommended the Commission approve the Joint Stipulation and grant the Certificate of Authority as it pertains to Celerity’s non-VoIP services, with the condition that, for its non-VoIP services, Celerity not offer any prepaid services, including prepaid calling cards, and not accept any deposits or advance payments without prior approval of the Commission, and be subject to rural safeguards.
Commissioner Hanson moved to approve the Joint Stipulation between SDTA and Celerity; and grant Celerity’s request for a Certificate of Authority to Provide Local Exchange Services in South Dakota with Commission staff’s conditions.Motion carried 3-0.
2. TC22-001 In the Matter of the Approval of an Unbundled Network Elements (UNEs) - Resale Forbearance Amendment to the Interconnection Agreement between CenturyLink QC and dishNET LLC for the State of South Dakota (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), requested the commission approve the amendment to the Interconnection Agreement between CenturyLink and dishNet Wireline, LLC. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the request.
Commissioner Nelson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
3. TC22-002 In the Matter of the Approval of FCC Modernizing Unbundling and Resale Requirements Amendment to the Interconnection Agreement between CenturyLink QC and dishNET LLC (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), requested the commission approve the amendment to the Interconnection Agreement between CenturyLink and dishNet Wireline, LLC. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the request.
Commissioner Nelson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
4. 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, 2022, February 18, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc02182022.mp3
Commissioner Fiegen moved to deny LTD Broadband’s Application for Designation as an Eligible Telecommunications Carrier for the RDOF census blocks as provided in Exhibit L-6.
Commissioner Hanson made a substitute motion to grant LTD Broadband’s Application for Designation as an Eligible Telecommunications Carrier for the RDOF census blocks as provided in Exhibit L-6; and grant LTD Broadband’s request to waive the two-year plan requirement found in ARSD 20:10:32:43.02. Substitute motion failed, 1-2. Commissioner Nelson and Commissioner Fiegen dissenting.
Motion carried 2-1. Commissioner Hanson dissenting.
There being no further business, at the hour of 11:39 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
February 18, 2022
