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South Dakota Public Utilities Commission Meeting
July 28, 2023, at 10:00 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF COMMISSION MEETING

          Commission Chairperson Kristie Fiegen called the meeting to order. Present were Commissioner Chris Nelson, Commissioner Gary Hanson, and Acting Commissioner Josh Haeder; Commission Attorney Adam de Hueck; Commission Advisor Greg Rislov; Staff Attorney Kristen Edwards; Staff Analysts Darren Kearney, Brittany Mehlhaff, Eric Paulson, Patrick Steffensen and Jon Thurber; and Administrative Staff Mikayla Frick.

          Also present were Darla Pollman Rogers, Riter Rogers LLP, representing Venture Communications Cooperative, Venture Vision Inc., West River Telecommunications Cooperative, and Valley Telecommunications Cooperative Association Inc.; Matt Collins, Kennebec Telephone Co.; Cody Honeywell, May Adam, representing SCS Carbon Transport LLC; and Bill Van Camp, Olinger, Lovald, McCahren, Van Camp & Thompson P.C., representing Ringneck Energy LLC.

          Joining the meeting by telephone were Staff Attorney Amanda Reiss; Tracy Bandemer, Interstate Telecommunications Cooperative Inc.; Ryan Taylor, Cutler Law Firm, representing Interstate Telecommunications Cooperative Inc.; Janelle Jessen, Venture Communications Cooperative; Shannon Wendel, West River Telecommunications Cooperative; Patrick Mastel and Patrick McCann, Midcontinent Communications; Jeff Symens, Valley Telecommunications Cooperative Association, Inc.; Marlene Bennett, Consortia Consulting, representing Valley Telecommunications Cooperative Association, Inc. and Kennebec Telephone Co.; Patricia Scrocco, AT&T Corp.; Gretchen Kraemer, Gretta Knight and Renee White, MidAmerican Energy Company.

          An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, July 28, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc07282023.mp3.

Administration

1.         Approval of the Minutes of the Commission Meeting Held on July 11, 2023 (Deputy Executive Director: Leah Mohr)

          Commissioner Hanson moved to approve the Minutes of the Commission Meeting held on July 11, 2023. Motion carried 3-0.

 

Consumer Reports

1.         Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)

         The report was presented by Ms. Kristen Edwards, staff attorney. The Commission received a total of 72 contacts since the last report was prepared for the July 11, 2023, Commission meeting.

         Five contacts were related to telecommunications services, 17 contacts were related to electric services, six contacts were related to natural gas services, one contact was related to gas and electric services, 11 contacts were related to wireless services, 10 contacts were related to carbon pipelines and 22 contacts were related to issues not regulated by the PUC.

         1,728 of the 1,729 contacts received in 2022 have been resolved.
         823 of the 844 contacts received in 2023 have been resolved.

Telecommunications

1.         In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC23-012, TC23-013, TC23-016, TC23-017, TC23-027, TC23-029, TC23-032 and TC23-033

         TC23-012        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., 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.

            TC23-013        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: Adam de Hueck)

         Mr. Ryan Taylor, Cutler Law Firm, representing Interstate Telecommunications 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. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission grant the company’s request.

         TC23-016        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.

            TC23-017        In the Matter of the Request of Venture Vision, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399025) (Staff Analyst: Eric Paulson; Commission Attorney: Adam de Hueck)

         Ms. Darla Pollman Rogers, Riter Rogers LLP representing Venture Vision 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.

            TC23-027        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.

            TC23-029        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: Adam de Hueck)

         Mr. Patrick McCann, 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.

            TC23-032        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.

            TC23-033        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)

         Mr. Matt Collins, Kennebec Telephone Co., and 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. Mr. Patrick Steffensen, 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.

2.         TC23-024        In the Matter of the Filing of Airus, Inc. for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

         Mr. Patrick Steffensen, staff analyst, recommended the Commission approve Airus Inc.’s requested tariff revisions with an effective date of August 2, 2023.

         Commissioner Fiegen moved to approve the company’s requested tariff changes effective August 2, 2023. Motion carried 3-0.

3.      TC23-036        In the Matter of the Filing by AT&T Corp. for Approval of Revisions to Its Access Services Tariff (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

         Ms. Patricia Scrocco, AT&T Corp., requested the Commission approve the company’s requested tariff revisions with an effective date of August 1, 2023. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the company’s request.

         Commissioner Hanson moved to approve the company’s requested tariff changes effective August 1, 2023. Motion carried 3-0.

Gas & Electric

1.         GE23-001       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: Amanda Reiss)

         Ms. Gretchen Kraemer, 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 MidAmerican Energy Company’s request.

         Commissioner Nelson moved to approve the proposed revisions to MidAmerican Energy Company’s Customer Information Welcome Booklet. Motion carried 3-0.

Hydrocarbon and Carbon Dioxide Pipeline

         Commissioner Fiegen departed the commission bench. Acting Commissioner Haeder assumed his place on the commission bench.

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. Amanda Reiss, staff attorney, requested the Commission grant Staff’s Motion for Time Certain for witnesses William R. Byrd, Jaron Condley, Matthew Frazell, Brian Sterner and Alissa Ingham to be permitted to testify beginning on September 19, 2023, and into September 20, 2023. Mr. Cody Honeywell, May Adam, representing SCS Carbon Transport LLC, did not object to Staff’s motion.

         Acting Commissioner Haeder moved to grant time certain for witness testimony to any party that has requested time certain. Motion carried 3-0.

         There being no further business, at the hour of 10:29 a.m., the South Dakota Public Utilities Commission meeting adjourned.

  /s/ Leah Mohr                 .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
July 28, 2023