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South Dakota Public Utilities Commission Meeting
August 2, 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; Commission Attorneys: Karen Cremer and Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Amanda Reiss and Kristen Edwards; Staff Analysts: Eric Paulson, Patrick Steffensen and Joseph Rezac; Consumer Affairs Staff: Deb Gregg; Staff: Leah Mohr.
Present were: Darla Pollman Rogers, Riter Rogers, LLP representing Venture Communications Cooperative, West River Telecommunications Cooperative, RT Communications, Inc., Jefferson Telephone Company, RC Technologies and Cheyenne River Sioux Tribe Telephone Authority; Kara Semmler, South Dakota Telecommunication Association.
Joining the meeting by telephone were Staff Analysts: Darren Kearney and Jon Thurber; Lance Steinhart and Henry Do, AirVoice Wireless, LLC dba AirTalk Wireless; Rod Bowar, Kennebec Telephone Co., Inc.; Marlene Bennett, Consortia Consulting, representing Kennebec Telephone Co. and Beresford Municipal Telephone Company; Austin Hanson, Beresford Municipal Telephone Company; Mikaela Burma, Vantage Point, representing Santel Communications Cooperative Inc.; Randy Houdek and Janelle Jessen, Venture Communications Cooperative; Troy Schilling and Shannon Wendel, West River Telecommunications Cooperative; Eric Kahler and Colgan Huber, West River Cooperative Telephone Company; Jason Hendricks, RT Communications; Ryan Taylor, Cutler Law Firm, representing, Midstate Communications, Inc.; Paul Bergmann, Jefferson Telephone Company; Robin Thoreson, RC Technologies; Mona Thompson and Lexi Keckler, Cheyenne River Sioux Tribe Telephone Authority; Patrick Mastel and Andrea Livingston, Midcontinent Communications; Katelyn Lynch-Butcher, Sunny Jansen, Diane Votino and Casey Harding, MidAmerican Energy Company; Harvey Oliver, Northern Electric Cooperative; Chad Felderman and JoDene Decker, Dakota Energy Cooperative, Inc.; Shannon Heim, Pamela Bonrud, Jeffrey Decker, Tim Olson and Reed McKee, NorthWestern Corporation dba NorthWestern Energy.
Administration
1. Approval of the Minutes of the Commission Meeting Held on July 5, 2022 (Staff: Janeth Merriman)
Commissioner Fiegen moved to approve the Minutes of the Commission Meeting held on July 5, 2022. Motion carried 3-0.
Consumer Reports
- Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 62 contacts since the last report was prepared for the July 19, 2022, Commission meeting.
Nine contacts were related to telecommunications services, 24 contacts were related to electric services, two contacts were related to natural gas services, two contacts were related to wireless services, four contacts were related to the Do Not Call Registry, four contacts were related to carbon pipelines, two contacts were related to wind energy, one contact was referred to One Call and 14 contacts were related to issues not regulated by the PUC.
1,000 of the 1,017 contacts received in 2022 have been resolved.
Telecommunications
1. TC22-009 In the Matter of the Petition of AirVoice Wireless, LLC dba AirTalk Wireless for Designation as an Eligible Telecommunications Carrier in the State of South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
A lengthy discussion took place for docket TC22-009. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, August 2, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc08022022.mp3
Chairman Nelson deferred the docket to a later meeting.
2. TC22-047 In the Matter of the Filing by AT&T Corp. for Approval of Revisions to Its Access Services Tariff (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)
Mr. Joseph Rezac, staff analyst, recommended the Commission approve the tariff revisions with an effective date of August 2, 2022.
Commissioner Fiegen moved to approve the tariff revisions with an effective date of August 2, 2022. Motion carried 3-0.
3. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC22-024, TC22-026, TC22-027, TC22-029, TC22-030, TC22-032, TC22-033, TC22-034, TC22-035, TC22-039, TC22-041, TC22-042 and TC22-043
TC22-024 In the Matter of the Request of Kennebec Telephone Co., Inc. for Certification Regarding its Use of Federal Universal Service Support (Study Area 391668) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
Ms. Marlene Bennett, Consortia Consulting, representing Kennebec Telephone Co., 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.
TC22-026 In the Matter of the Request of Santel Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391676) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
Ms. Mikaela Burma, Vantage Point, representing Santel Communications Cooperative 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. Patrick Steffensen, staff analyst, recommended the Commission grant the company’s request.
TC22-027 In the Matter of the Request of Venture Communications Cooperative for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391680) (Staff Analyst: Eric Paulson; Commission Attorney: Adam de Hueck)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Venture Communications Cooperative 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 and to certify Venture Vision to use funding as intended for the 2023 calendar year.
TC22-029 In the Matter of the Request of West River Telecommunications Cooperative for Certification Regarding its Use of Federal Universal Service Support (Study Area: Mobridge–391671) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing West River Telecommunications Cooperative, 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. Patrick Steffensen, staff analyst, recommended the Commission grant the company’s request.
TC22-030 In the Matter of the Request of RT Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 512251) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing RT 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. Eric Paulson, staff analyst, recommended the Commission grant the company’s request and that, in future years, the Company shall submit its Wyoming Public Service Commission USF application to the South Dakota Public Utilities Commission as an informational filing.
TC22-032 In the Matter of the Request of Midstate Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: ILEC-391670 and CLEC-399011) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
Mr. Ryan Taylor, Cutler Law Firm, representing Midstate 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. Patrick Steffensen, staff analyst, recommended the Commission grant the company’s request.
TC22-033 In the Matter of the Request of Jefferson Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391666) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Jefferson 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.
TC22-034 In the Matter of the Request of Beresford Municipal Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391649) (Staff Analyst: Eric Paulson; Commission Attorney: Adam de Hueck)
Ms. Marlene Bennett, Consortia Consulting, representing Beresford 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. Eric Paulson, staff analyst, recommended the Commission grant the company’s request.
TC22-035 In the Matter of the Request of RC Technologies for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391674) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing RC Technologies, 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. Eric Paulson, staff analyst, recommended the Commission grant the company’s request.
TC22-039 In the Matter of the Request of West River Cooperative Telephone Company Certification Regarding Its Use of Federal Universal Service Support (Study Area 391689) (Staff Analyst: Patrick Steffensen; Commission Attorney: Adam de Hueck)
Mr. Eric Kahler, West River 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. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the company’s request.
TC22-041 In the Matter of the Request of Cheyenne River Sioux Tribe Telephone Authority for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391647) (Staff Analyst: Eric Paulson; Commission Attorney: Adam de Hueck)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Cheyenne River Sioux Tribe Authority, 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.
TC22-042 In the Matter of the Request of Midcontinent Communications for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399005) (Staff Analyst: Eric Paulson; Commission Attorney: Karen Cremer)
Mr. Patrick Mastel, Midcontinent Communications, 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.
TC22-043 In the Matter of the Request of Alliance Communications Cooperative Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 391405, 391642, 391657 and 399024) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
Mr. Joseph Rezac, staff analyst, recommended the Commission grant the Alliance Communications Cooperative Inc.’s request for certification to the Federal Communications Commission and the Universal Service Administration Company regarding the proper use of Federal Universal Service Support.
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; to certify Venture Vision to use funding as intended for the 2023 calendar year; and direct RT Communications, Inc., beginning next year, to submit its Wyoming Public Service Commission USF application to the South Dakota Public Utilities Commission as an informational filing. Motion carried 3-0.
Electric
1. EL22-018 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions to its Rates for Cogeneration and Small Power Production Facilities (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Amanda Reiss)
Ms. Katelyn-Lynch Butcher, MidAmerican Energy Co., requested the Commission approve the tariff revisions with an effective date of August 15, 2022. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the company’s request.
Commissioner Fiegen moved to approve the tariff revisions with an effective date of August 15, 2022. Motion carried 3-0.
2. EL22-019 In the Matter of the Joint Request for Approval of an Electric Service Rights Exception between Dakota Energy Cooperative, Inc. and Northern Electric Cooperative, Inc. (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
Mr. Harvey Oliver, Northern Electric Cooperative, Inc., and Mr. Chad Felderman, Dakota Energy Cooperative, requested the Commission approve the requested electric service rights exception agreement between Dakota Energy Cooperative, Inc. and Northern Electric Cooperative, Inc. Mr. Darren Kearney, staff analyst, recommended the Commission approve the companies’ request.
Commissioner Hanson moved to approve the requested service rights exception between Dakota Energy Cooperative, Inc. and Northern Electric Cooperative. Motion carried 3-0.
Gas and Electric
1. GE22-002 In the Matter of the Application of NorthWestern Corporation dba NorthWestern Energy for Approval of Corporate Restructuring (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)
A lengthy discussion took place for docket GE22-002. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, August 2, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc08022022.mp3
Commissioner Fiegen moved to approve NorthWestern Energy’s Corporate Restructuring Plan. Motion carried 3-0.
Natural Gas
1. NG22-006 In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations with CE bp Renew Dynamic Co II, LLC (Staff Analyst: Jon Thurber; Staff Attorney: Kristen Edwards)
Mr. Jeffrey Decker, NorthWestern Energy Corporation dba NorthWestern Energy, requested the Commission approve the contract with deviations with CE bp Renew Dynamic Co ll, LLC and the associated tariff revisions with an effective date of August 3, 2022. Mr. Jon Thurber, staff analyst, recommended the Commission approve the company’s request.
Commissioner Nelson moved to approve NorthWestern Energy’s contract with deviations with CE bp Renew Dynamic Co ll, LLC and the associated tariff revisions with an effective date of August 3, 2022. Motion carried 3-0.
There being no further business, at the hour of 10:57 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
August 2, 2022
