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South Dakota Public Utilities Commission Meeting
July 5, 2022, at 1:30 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF COMMISSION HEARING
Commissioner Chris Nelson called the meeting to order. Present were Commissioners: Kristie Fiegen and Gary Hanson; Acting Commissioner: Josh Haeder; Commission Attorney: Karen Cremer and Adam de Hueck; Staff Attorneys: Amanda Reiss and Kristen Edwards; Staff Analysts: Brittany Mehlhaff, Patrick Steffensen and Joseph Rezac; Staff: Mikayla Frick.
Present were: Darla Pollman Rogers and Ellie Bailey, Riter Rogers, LLP representing NebraskaLink Holdings, LLC; Brett Koenecke, May Adam, representing SCS Carbon Transport LLC; Kara Semmler, South Dakota Telecommunication Association.
Joining the meeting by telephone were Commission Advisor: Greg Rislov; Consumer Affairs Staff: Deb Gregg; J.G. Harrington, Cooley LLP, representing Midcontinent Communications; Josh Wurgler, Bantz, Gosch and Cremer LLC, representing James Valley Cooperative Telephone Company; Paul Schudel, NebraskaLink Holdings LLC; Laura Julius, Steve Meyer, Curt Kabris, City of Brookings Municipal Telephone; Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy and Pendergast, representing City of Brookings; Tracy Bandemer, Interstate Telecommunications Cooperative Inc.; Ryan Taylor, Cutler Law Firm, representing Interstate Telecommunications Cooperative Inc.; Jason Grenier and Paula Foster, Otter Tail Power Company; Katelyn Lynch-Butcher, MidAmerican Energy Company; Steve Wegman.
(Note): For the purpose of continuity, these minutes match the agenda and are not necessarily in chronological order.
Administration
1. Approval of the Minutes of the Commission Meeting Held on June 8, 2022 (Staff: Janeth Merriman)
Commissioner Fiegen moved to approve the Minutes of the Commission Meeting held on June 8, 2022. Motion carried 3-0.
Consumer Reports
- Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 60 contacts since the last report was prepared for the June 16, 2022, Commission meeting.
Nine contacts were related to telecommunications services, 11 contacts were related to electric services, four contacts were related to natural gas services, nine contacts were related to wireless services, two contacts were related to the Do Not Call Registry, three contacts were related to carbon pipelines, three contacts were related to wind energy, two contacts were referred to One Call and 18 contacts were related to issues not regulated by the PUC.
888 of the 898 contacts received in 2022 have been resolved.
Telecommunications
1. TC21-124 In the Matter of the Approval of the Petition for Arbitration of an Interconnection Agreement Between Midcontinent Communications and James Valley Cooperative Telephone Company (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Mr. J.G. Harrington, Cooley LLP, representing Midcontinent Communications, requested the Commission approve the Interconnection Agreement between Midcontinent Communications and James Valley Cooperative Telephone Company. Ms. Kristen Edwards, staff attorney, recommended the Commission approve the negotiated interconnection agreement.
Commissioner Fiegen moved to approve the Interconnection Agreement. Motion carried 3-0.
2. TC22-008 In the Matter of an Application of NebraskaLink Holdings, LLC for a Certificate of Authority for Interexchange Service in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing NebraskaLink Holdings, LLC, (NebraskaLink) requested the Commission grant NebraskaLink’s request for a Certificate of Authority to provide interexchange services in South Dakota. Mr. Patrick Steffensen, staff analyst, recommended the Commission grant the company’s request as it related to non-VoIP services, subject to the condition that, for retail purposes of its non-VoIP services, NebraskaLink not offer any prepaid services including prepaid calling cards and not accept or require any deposits or advance payments without prior approval of the Commission.
Commissioner Hanson moved to grant NebraskaLink Holdings, LLC’s request for a Certificate of Authority to provide interexchange services in South Dakota as it related to non-VoIP services, subject to conditions. Motion carried 3-0.
3. TC22-014 In the Matter of the Filing of MCImetro Access Transmission Services LLC dba Verizon Access Transmission Services 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 the Commission approve the proposed tariff revisions request with an effective date of July 1, 2022.
Commissioner Nelson moved to approve the proposed tariff revisions with an effective date of July 1, 2022. Motion carried 3-0.
4. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC22-011, TC22-012, and TC22-013
TC22-011 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, Blooston, Mordkofsky, Dickens, Duffy and Pendergast, representing City of Brookings Municipal Telephone requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Mr. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request.
TC22-012 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391654) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)
Mr. Ryan Taylor, Cutler Law Firm, representing Interstate Telecommunications Cooperative Inc. (Company) requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission grant the company’s request.
TC22-013 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc., fka SSTELECOM, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399013) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Karen Cremer)
Mr. Ryan Taylor, Cutler Law Firm representing Interstate Telecommunications Cooperative Inc., fka SSTELECOM, Inc. (Company) requested the Commission provide certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission grant the company’s request.
Commissioner Fiegen 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 in each of the above dockets. Motion carried 3-0.
Electric
1. EL22-013 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. Amanda Reiss, staff attorney, requested the Commission assess a filing fee in the amount of up to $250,000 to account for actual expenses incurred. Ms. Paula Foster, Otter Tail Power Company, did not object to the filing fee.
Commissioner Hanson moved to assess a filing fee in the amount of up to $250,000 to account for actual expenses incurred in review of this filing commencing from the filing date. Motion carried 3-0.
2. EL22-016 In the Matter of the Filing by Otter Tail Power Company for Approval to Temporarily Suspend Credit Card Fees (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)
Mr. Jason Grenier, Otter Tail Power Company (Otter Tail) requested the Commission approve Otter Tail’s request to temporarily suspend credit card fees, with an effective date of July 1, 2022, on less than 30 days’ notice. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the company’s request.
Commissioner Nelson moved to approve Otter Tail Power Company’s Request to Temporarily Suspend Credit Card Fees, effective July 1, 2022, on less than 30 days’ notice. Motion carried 3-0.
Natural Gas
1. NG22-005 In the Matter of the Application of MidAmerican Energy Company for Authority to Increase its Natural Gas Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket NG22-005. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, July 5, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc07052022.mp3
Commissioner Hanson moved to grant intervention to Steve Wegman. Motion carried 3-0.
Commissioner Fiegen departed the commission bench. Acting Commissioner Haeder assumed his place on the commission bench.
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, stated Staff had no objection to granting withdrawal of party status to Greg Alvine.
Commissioner Nelson moved to grant withdrawal of party status to Greg Alvine. Motion carried 3-0.
Acting Commissioner Haeder departed the Commission bench. Commissioner Fiegen assumed her place on the commission bench.
There being no further business, at the hour of 2:04 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
July 5, 2022
