Commission Minutes | previous page
South Dakota Public Utilities Commission Meeting
July 19, 2022, at 9:30 A.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 Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Amanda Reiss; Staff Analysts: Brittany Mehlhaff and Patrick Steffensen; Staff: Mikayla Frick.
Present were: Ellie Bailey, Riter Rogers, LLP representing City of Faith; Brett Koenecke, May Adam, representing SCS Carbon Transport LLC and Buffalo Ridge II LLC, a subsidiary of Iberdrola Renewables, Inc.; Kara Semmler, South Dakota Telecommunications Association; Bruce Hanson, Fort Randall Telephone Company; Steven Kolbeck, Northern States Power Company dba Xcel Energy; Jason Sutton, Boyce Law Firm, LLP representing LTD Broadband LLC; John Schmidt.
Joining the meeting by telephone were Staff Analysts: Jon Thurber, Eric Paulson and Joseph Rezac; Consumer Affairs Staff: Deb Gregg; Patrick Phipps, Airus, Inc., Peerless Network of South Dakota; Jason Topp, Qwest Corporation dba CenturyLink QC; Denny Law and Jill Reinert, Golden West Telecommunications Cooperative, Inc.; Darla Pollman Rogers, Riter Rogers LLP, representing Golden West Telecommunications Cooperative, Inc.; James Groft, James Valley Cooperative Telephone Company, James Valley Cooperative Telephone Company and Northern Valley Communications, LLC; James Cremer, Bantz Gosch and Cremer LLC, representing James Valley Cooperative Telephone Company, James Valley Cooperative Telephone Company and Northern Valley Communications, LLC; Heather Kranza, TrioTel Communications, Inc.; Ryan Taylor, Cutler Law Firm, LLP representing TrioTel Communications, Inc.; Marlene Bennett representing TrioTel Communications, Inc., City of Faith; Debbie Brown, City of Faith Municipal Telephone; Ian Dobson and Eric Pauli, Northern States Power Company dba Xcel Energy; Brad Schardin, Southeastern Electric Cooperative.
Administration
1. Approval of the Minutes of the Commission Meeting Held on June 16, 2022, and the Ad Hoc Commission Meeting Held on June 29, 2022 (Staff: Janeth Merriman)
Commissioner Fiegen moved to approve the Minutes of the Commission Meeting held on June 16 and the Ad Hoc Commission Meeting Held on June 29, 2022. Motion carried 3-0.
Consumer Reports
- Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 57 contacts since the last report was prepared for the July 5, 2022, Commission meeting.
Thirteen contacts were related to telecommunications services, 15 contacts were related to electric services, five contacts were related to natural gas services, one contact was related to gas and electric services, five contacts were related to wireless services, three contacts were related to the Do Not Call Registry, four contacts were related to carbon pipelines, three contacts were referred to One Call and eight contacts were related to issues not regulated by the PUC.
937 of the 955 contacts received in 2022 have been resolved.
Commmisioner 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, recommended granting withdrawal of party status to Hand County and Jayne and Blaise Fogarty.
Acting Commissioner Haeder moved to grant withdrawal of party status to Hand County and Jayne and Blaise Fogarty. Motion carried 3-0.
Acting Commissioner Haeder departed the commission bench. Commissioner Fiegen assumed her place on the commission bench.
Telecommunications
1. TC22-019 In the Matter of the Filing of Airus, Inc. for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)
Mr. Patrick Phipps, Airus Inc., requested the Commission approve the tariff revisions with an effective date of August 2, 2022. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request.
Commissioner Fiegen moved to approve the tariff revisions with an effective date of August 2, 2022. Motion carried 3-0.
2. TC22-020 In the Matter of the Approval of an Unbundled Network Elements (UNEs) - Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Ymax Communications Corp. for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), requested the Commission approve the amendment to the interconnection agreement between CenturyLink and Ymax Communications Corp. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request.
Commissioner Hanson moved to approve the Resale Forbearance amendment to the interconnection agreement between CenturyLink and Ymax Communications Corp. Motion carried 3-0.
3. TC22-021 In the Matter of the Approval of a FCC Modernizing Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Ymax Communications Corp. for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), requested the Commission approve the amendment to the interconnection agreement between CenturyLink and Ymax Communications Corp. Mr. Eric Paulson, staff analyst, recommended the Commission approve the company’s request.
Commissioner Hanson moved to approve the amendment to the interconnection agreement between CenturyLink and Ymax Communications Corp. Motion carried 3-0.
4. TC22-022 In the Matter of the Filing of Peerless Network of South Dakota, LLC for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Patrick Steffensen, Staff Attorney: Amanda Reiss)
Mr. Patrick Phipps, Peerless Network of South Dakota, LLC, requested the Commission approve the tariff revisions. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the company’s request with an effective date of July 1, 2022.
Commissioner Nelson moved to approve the tariff revisions with an effective date of July 1, 2022. Motion carried 3-0.
5. TC22-031 In the Matter of the Filing of Granite Telecommunications, LLC for Approval of Revisions to Its Access Services Tariff No. 3 (Staff Analyst: Joseph Rezac, Staff Attorney: Kristen Edwards)
Mr. Joseph Rezac, staff analyst, recommended the Commission approve the company’s tariff revisions with an effective date of July 1, 2022.
Commissioner Fiegen moved to approve the tariff revisions with an effective date of July 1, 2022. Motion carried 3-0.
6. TC22-038 In the Matter of the Filing by dishNET Wireline, LLC for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Patrick Steffensen, Staff Attorney: Amanda Reiss)
Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the company’s request with an effective date of July 1, 2022.
Commissioner Hanson moved to approve the tariff revisions with an effective date of July 1, 2022. Motion carried 3-0.
7. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC22-015, TC22-016, TC22-017, TC22-018, TC22-023, TC22-025 and TC22-040
TC22-015 In the Matter of the Request of Golden West Telecommunications Cooperative, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: Armour-391640, Golden West Telecom-391659, Kadoka-391667, Sioux Valley-391677, Union-391684, Vivian-391686) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Golden West Telecommunications 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.
Further discussion regarding docket TC22-015 was held in confidential session.
TC22-016 In the Matter of the Request of James Valley Cooperative Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391664) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Karen Cremer)
Mr. James Cremer, Bantz Gosch & Cremer LLC, representing James Valley Cooperative Telephone 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.
TC22-017 In the Matter of the Request of James Valley Wireless, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399014) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Karen Cremer)
Mr. James Cremer, Bantz Gosch & Cremer LLC, representing James Valley Wireless, LLC 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.
TC22-018 In the Matter of the Request of Northern Valley Communications, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 399017 and 396340) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)
Mr. James Cremer, Bantz Gosch & Cremer LLC, representing Northern Valley Communications, LLC 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.
TC22-023 In the Matter of the Request of TrioTel Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: McCook 391669 and Tri-County Telecom 391682) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
Mr. Ryan Taylor, Cutler Law Firm, representing TrioTel Communications, Inc. 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.
TC22-025 In the Matter of the Request of Fort Randall Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391660) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
Mr. Bruce Hanson, Fort Randall Telephone 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. Mr. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request.
TC22-040 In the Matter of the Request of City of Faith Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391653) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
Ms. Ellie Bailey, Riter Rogers LLP, representing City of Faith Municipal Telephone 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. Mr. Eric Paulson, staff analyst, recommended the Commission grant the company’s request.
Commissioner Nelson 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.
Administration
1. AA22-002 In the Matter of the South Dakota Public Utilities Commission, Electrification of Transportation Investigation (Commission Counsel: Adam de Hueck)
Mr. Adam de Hueck, commission attorney, requested the commission issue a proposed order seeking each public utility file written comments in the matter.
Commission Fiegen moved to issue a Proposed Order. Motion carried3-0
2. AA22-003 In the Matter of the South Dakota Public Utilities Commission, Demand Response Investigation (Commission Counsel: Adam de Hueck)
Mr. Adam de Hueck, commission attorney, requested the Commission issue a proposed order seeking each public utility file written comments in the matter.
Commission Fiegen moved to issue a Proposed Order. Motion carried3-0.
Electric
1. EL08-031 In the Matter of the Application by Buffalo Ridge II LLC a Subsidiary of Iberdrola Renewables, Inc., for an Energy Conversion Facility Permit for the Construction of the Buffalo Ridge II Wind Farm and Associated Collection Substation and Electric Interconnection System. (Staff Analyst: Darren Kearney; Staff Attorney: Amanda Reiss)
Mr. Brett Koenecke, May Adam, representing Buffalo Ridge II LLC, a subsidiary of Iberdrola Renewables, Inc., requested the commission approve the bond filed on June 30, 2022. Ms. Amanda Reiss, staff attorney, recommended the commission grant the company’s request.
Commissioner Fiegen moved to approve the Motion to Approve the Bond filed June 30, 2022. Motion carried 3-0.
2. EL22-015 In the Matter of the Joint Request for an Electric Service Territory Boundary Change between Northern States Power Company dba Xcel Energy and Southeastern Electric Cooperative Inc. (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
Mr. Steven Kolbeck, Northern States Power Company dba Xcel Energy (Xcel), requested the Commission approve the Service Territory Exchange Agreement between Xcel Energy and Southeastern Electric Cooperative Inc. Mr. Brad Schardin, Southeastern Electric Cooperative, supported the request. Ms. Kristen Edwards, staff attorney, recommended the Commission approve the companies’ request.
Commissioner Hanson moved to approve the Service Territory Exchange Agreement. Motion carried 3-0.
3. EL22-017 In the Matter of the Application of Northern States Power Company dba Xcel Energy for Authority to Increase its Electric Rates (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson, Joseph Rezac; Staff Attorney: Amanda Reiss)
Ms. Amanda Reiss, staff attorney, requested the Commission suspend the imposition of the tariff for 180 days beyond June 30, 2022; assess a filing fee for actual expenses not to exceed $250,000; and authorize the Executive Director to enter into necessary consulting contracts. Mr. Steven Kolbeck, Xcel Energy, supported the request.
Commissioner Fiegen moved to suspend the imposition of the tariff for 180 days beyond June 30, 2022; assess a filing fee for actual expenses not to exceed $250,000; and authorize the Executive Director to enter into necessary consulting contracts. Motion carried 3-0.
Commissioner Fiegen departed the commission bench. Acting Commissioner Haeder assumed his place on the commission bench.
Telecommunications - Continued
1. 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, July 19, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc07192022.mp3
Commissioner Hanson moved to deny LTD Broadband LLC’s motion for Reconsideration of the Commission’s Final Decision and Order Denying Application for Designation as an Eligible Telecommunications Carrier in Certain Census Blocks. Motion carried 3-0.
Commissioner Hanson moved to grant LTD Broadband LLC’s motion for rehearing and to limit the scope of the hearing to newly discovered evidence and/or facts and circumstances arising subsequent to the December 1, 2021, hearing; grant LTD Broadband LLC’s request to amend its petition to withdraw some census blocks from consideration; order the parties to propose parameters of a limited hearing based on the amended application and only new evidence, facts and circumstances specified in LTD Broadband LLC’s motion and submit a proposed procedural schedule.
Commissioner Fiegen moved a substitute motion to deny LTD Broadband LLC’s request for rehearing, deny LTD Broadband LLC’s request to amend its petition and deny LTD Broadband LLC’s request to supplement the record with cost data. Substitute motion failed 1-2. Commissioner Nelson and Commissioner Hanson dissenting.
Motion carried 2-1. Commissioner Fiegen dissenting.
Public Comment
Mr. John Schmidt made public comments about electric vehicles and carbon capture technology.
There being no further business, at the hour of 12:30 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
July 19, 2022
