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South Dakota Public Utilities Commission Meeting
August 18, 2022, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF COMMISSION HEARING
Commissioner Kristie Fiegen called the meeting to order. Present were Commission Attorney: Adam de Hueck; Commission Advisor: Greg Rislov; Staff Attorneys: Amanda Reiss and Kristen Edwards; Staff Analysts: Brittany Mehlhaff and Joseph Rezac; Consumer Affairs Staff: Deb Gregg; Staff: Mikayla Frick;
Present were: Darla Pollman Rogers, Riter Rogers, LLP representing Valley Telecommunications Cooperative Association, Inc. and Clarity Telecom, LLC dba Bluepeak Fiber; Daryl Elcock, Clarity Telecom, LLC dba Bluepeak Fiber.
Joining the meeting by telephone were Commissioners: Chris Nelson and Gary Hanson; Commission Attorney: Karen Cremer; Staff Analysts: Patrick Steffensen and Eric Paulson; Jeff Symens and Marlene Bennett, Valley Telecommunications Cooperative Association, Inc.; Jason Topp, Qwest Corporation dba CenturyLink QC; Jon Blessing, AT&T Corp.; John Boike, JSI, representing, Clarity Telecom, LLC dba Bluepeak Fiber; Carolyn Hadden, Clarity Telecom, LLC dba Bluepeak Fiber; Patrick Mastel and Andrea Livingston, Midcontinent Communications; Christopher Shaw and Benjamin Hamala, Northern States Power Company dba Xcel Energy; Renee White, Katelyn Lynch-Butcher and Gretta Knight, MidAmerican Energy Company.
Administration
1. Approval of the Minutes of the Commission Meetings Held on July 19 and August 2, 2022 (Staff: Janeth Merriman)
Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on July 19 and August 2, 2022. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 63 contacts since the last report was prepared for the August 2, 2022, Commission meeting.
Seven contacts were related to telecommunications services, 14 contacts were related to electric services, two contacts were related to natural gas services, one contact was related to gas and electric services, three contacts were related to wireless services, six contacts were related to the Do Not Call Registry, three contacts were related to carbon pipelines, two contacts were related to wind energy, one contact was related to Grain Warehouse, two contacts were referred to One Call and 22 contacts were related to issues not regulated by the PUC.
1,061 of the 1,080 contacts received in 2022 have been resolved.
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC22-028, TC22-044 and TC22-045
TC22-028 In the Matter of the Request of Valley Telecommunications Cooperative Association, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 391685) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Valley Telecommunications Cooperative Association, 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. Ms. Brittany Mehlhaff, 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. Motion carried 3-0.
TC22-044 In the Matter of the Request of Qwest Corporation dba CenturyLink QC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 395145) (Staff Analyst: Joseph Rezac; Commission Attorney: Karen Cremer)
A lengthy discussion took place for docket TC22-044. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, August 18, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc08182022.mp3
Commissioner Fiegen deferred the docket to a later meeting.
TC22-045 In the Matter of the Request of Clarity Telecom, LLC dba Bluepeak Fiber for Certification Regarding Its Use of Federal Universal Service Support (Study Area: ILEC–391652 and CLEC–399006) (Staff Analyst: Joseph Rezac; Commission Attorney: Adam de Hueck)
A lengthy discussion took place for docket TC22-045. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, August 18, 2022, recording located at: https://puc.sd.gov/commission/media/2022/puc08182022.mp3
Commissioner Fiegen deferred the docket to a later meeting.
2. TC22-036 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 Greenfly Networks, Inc. dba Clearfly Communications for the State of South Dakota (Staff Analyst: Brittany Mehlhaff; 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 Greenfly Networks, Inc. dba Clearfly Communications (Clearfly Communications). Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the company’s request.
Commissioner Fiegen moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
3. TC22-037 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 Greenfly Networks, Inc. dba Clearfly Communications for the State of South Dakota (Staff Analyst: Brittany Mehlhaff; 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 Greenfly Networks, Inc. dba Clearfly Communications (Clearfly Communications). Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the company’s request.
Commissioner Hanson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
4. TC22-046 In the Matter of the Filing by Teleport Communications America LLC for Approval of Revisions to Its Access Services Tariff (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
Mr. Jon Blessing, AT&T Corp. and Teleport Communications America LLC, requested the Commission approve the tariff revisions. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the company’s request 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.
5. TC22-048 In the Matter of the Filing of Midcontinent Communications for Approval of Revisions to Its Switched Access Tariff (Staff Analyst: Patrick Steffensen, Staff Attorney: Amanda Reiss)
Mr. Patrick Mastel, Midcontinent Communications, 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 August 2, 2022.
Commissioner Hanson moved to approve the tariff revisions with an effective date of August 2, 2022. Motion carried 3-0.
6. TC22-049 In the Matter of the Filing by Clarity Telecom, LLC dba Bluepeak Fiber for Approval of Revisions to Vast Broadband fka Knology of the Plains’ South Dakota Access Tariff No. 3 and Vast Broadband fka Knology of the Black Hills, LLC’s South Dakota Access Services Tariff No. 2 (Staff Analyst: Joseph Rezac, Staff Attorney: Kristen Edwards)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Clarity Telecom, LLC dba Bluepeak Fiber, requested the Commission approve the tariff revisions. Mr. Joseph Rezac, staff analyst, recommended the Commission approve the company’s request 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.
Gas and Electric
1. GE20-002 In the Matter of Investor-Owned Utilities’ Joint Request for Deferred Treatment of the Financial Effects of COVID-19 and the Creation of Regulatory Assets (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen, Eric Paulson; Staff Attorney: Kristen Edwards)
Mr. Christopher Shaw, Northern States Power Company dba Xcel Energy (Xcel), requested the Commission approve the request to allow Xcel to withdraw from the docket and cease quarterly reporting requirements. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission grant Xcel’s request and close the docket.
Commissioner Nelson moved to grant Xcel’s request to withdraw from the docket, cease quarterly reporting requirements and close the docket. Motion carried 3-0.
2. GE22-001 In the Matter of the Filing by MidAmerican Energy Company for Approval of a Revised Customer Information Welcome Booklet (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)
Ms. Katelyn Lynch-Butcher, MidAmerican Energy Company, asked that the Commission approve the proposed revisions to MidAmerican Energy Company’s Customer Information Welcome Booklet. Mr. Eric Paulson, staff analyst, recommended that the Commission approve the MidAmerican Energy Company’s request.
Commissioner Hanson moved to approve the proposed revisions to MidAmerican Energy Company’s Customer Information Welcome Booklet. Motion carried 3-0.
There being no further business, at the hour of 10:20 a.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Janeth A. Merriman .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
August 18, 2022
