November 18, 2022, Minutes

Public Utilities Commission
Capitol Building, 1st floor
500 E. Capitol Ave.
Pierre, SD 57501-5070
Phone: (605) 773-3201

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South Dakota Public Utilities Commission Meeting
November 18, 2022, at 1:00 P.M. CST
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Commissioner Chris Nelson called the meeting to order. Present were Commissioner Kristie Fiegen; Commission Attorneys Karen Cremer and Adam de Hueck; Commission Advisor Greg Rislov; Staff Attorneys Kristen Edwards and Amanda Reiss; Finance Manager Cindy Kemnitz; Staff Analysts Eric Paulson, Darren Kearney and Patrick Steffensen; and Staff Mikayla Frick.

Also present were Troy Skelton; Ellie Bailey, Riter Rogers LLP, representing Clarity Telecom, LLC dba Bluepeak Fiber; Brett Koenecke, Cody Honeywell and Aaron Scheibe, May Adam, representing SCS Carbon Transport LLC; and Bill Van Camp, Olinger, Lovald, McCahren, Van Camp & Thompson P.C. representing AT&T Corp., Ringneck Energy LLC, Dakota Ethanol LLC, Glacial Lakes Energy LLC, and Redfield Energy LLC.

Joining the meeting by telephone were Commissioner Gary Hanson and Acting Commissioner Josh Haeder; Staff Analysts Brittany Mehlhaff, Joseph Rezac and Jon Thurber; Owen Wiese, Gunderson, Palmer, Nelson and Ashmore, representing Sprint Communications Company LP; Jim Cremer, Bantz, Gosch & Cremer LLC, representing Northern Valley Communications LLC; Tym Rutkowski, Moss Adams, representing Northern Valley Communications LLC; Marlene Bennett, Consortia Consulting, representing Beresford Municipal Telephone Company; Jason Topp, Qwest Corporation dba CenturyLink QC; Will Rader and Stuart Tommerdahl, Otter Tail Power Company; Jeff Decker, NorthWestern Energy; Brian Jorde, Domina Law Group representing Intervenors; Nathan Runke, International Union of Operating Engineers, Local 49; Kara Semmler, South Dakota Telecommunications Association.

Administration

1. Approval of the Minutes of the Commission Meeting Held on October 27, 2022 (Deputy Executive Director: Leah Mohr)

Commissioner Hanson moved to approve the Minutes of the Commission Meetings held on October 27, 2022. Motion carried 3-0.

Consumer Reports

1. Status Report on Consumer Utility Inquiries (Staff Attorney: Kristen Edwards)

The Commission received a total of 45 contacts since the last report was prepared for the November 8, 2022, Commission meeting.

Four contacts were related to telecommunications services, 11 contacts were related to electric services, three contacts were related to natural gas services, six contacts were related to wireless services, four contacts were related to the Do Not Call Registry, five contacts were related to carbon pipelines, one contact was referred to the Grain Warehouse Program and 11 contacts were related to issues not regulated by the PUC.

1,480 of the 1,498 contacts received in 2022 have been resolved.

Telecommunications

1.         In the Matter of the Failure of Certain Telecommunications Companies to Timely Pay their Gross Receipts Tax (Finance Manager: Cindy Kemnitz)

         Ms. Cindy Kemnitz, Finance Manager, requested that CINTEX WIRELESS LLC dba Sfone Wireless be removed from the list of delinquent companies.

         Ms. Kemnitz asked that the Commission issue an order to show cause for the following companies that have failed to timely pay their gross receipts tax as required by SDCL 49-1A:

         NewPhone Wireless, LLC
         Opex Communications Inc. dba TCI Long Distance
         Reduced Rate Long Distance, LLC
         Total Holdings Inc. dba GTC Communications

Ms. Kemnitz also asked the Commission to defer action on the following companies:

         Business Network Long Distance Inc.
         Multiline Long Distance Inc.
         National Access Long Distance Inc.
         Nationwide Long Distance Services Inc.

Commissioner Nelson moved to issue an Order to Show Cause as to why the Commission should not fine, and/or suspend or revoke the Certificates of Authority of NewPhone Wireless LLC, Opex Communications Inc. dba TCI Long Distance, Reduced Rate Long Distance LLC, and Total Holdings Inc. dba GTC Communications for failure to pay the requisite gross receipts tax and to defer action on Business Network Long Distance Inc., Multiline Long Distance Inc., National Access Long Distance Inc., and Nationwide Long Distance Services Inc. Motion carried 3-0.

2. TC19-052 In the Matter of the Filing by Northern Valley Communications, LLC for Approval of Revisions to Its Access Service Tariff No. 1 (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

Mr. Jim Cremer, representing Northern Valley Communications LLC, asked that the Commission approve the company’s motion to withdraw the tariff revisions filed in this docket, approve its proposed refund plan, and close the docket. Mr. Bill Van Camp, representing AT&T Corp., and Owen Wiese, representing Sprint Communications Company LP, supported the request. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve the request.

Commissioner Fiegen moved to approve Northern Valley Communications, LLC’s motion to withdraw the tariff revisions filed in this docket, approve its proposed refund plan, and close the docket. Motion carried 3-0.

3. TC22-057 In the Matter of the Application of Beresford Municipal Telephone Company for an Amended Certificate of Authority (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

Chairman Nelson deferred the docket to a later meeting.

4. TC22-058 In the Matter of the Approval of an FCC Modernizing Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Consolidated Communications Enterprises Services, Inc. (fka Enventis Telecom Inc.) for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, requested the Commission approve the amendment to the interconnection agreement between CenturyLink and Consolidated Communications Enterprises Services, Inc. (fka Enventis Telecom Inc.). Mr. Eric Paulson, staff analyst, recommended the Commission approve the request.