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South Dakota Public Utilities Commission Meeting
August 15, 2023, at 9:30 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 and Commissioner Gary Hanson; Commission Attorney Adam de Hueck; Commission Advisor Greg Rislov; Staff Attorneys Kristen Edwards, Amanda Reiss, and Logan Schaefbauer; Staff Analysts Brittany Mehlhaff, Eric Paulson, Joseph Rezac and Patrick Steffensen; Consumer Affairs Manager Deb Gregg; and Administrative Staff Mikayla Frick.

          Also present were Darla Pollman Rogers, Riter Rogers LLP, representing Faith Municipal Telephone Company, Golden West Telecommunications Cooperative Inc., Jefferson Telephone Company, RC Technologies, Clarity Telecom LLC dba Bluepeak Fiber, and Venture Communications Cooperative; Lucas Peterson, Clarity Telecom LLC dba Bluepeak Fiber; Fay Jandreau, Venture Communications Cooperative; Bill Van Camp, Olinger, Lovald, McCahren, Van Camp & Thompson P.C., representing AT&T Mobility; David Smith, Farmers Union; and John Schmidt.

          Joining the meeting by telephone were Jim Cremer, Bantz Gosch & Cremer LLC, representing James Valley Wireless LLC, Northern Valley Communications LLC and James Valley Cooperative Telephone Company; James Groft, James Valley Wireless LLC, Northern Valley Communications LLC and James Valley Cooperative Telephone Company; Ryan Taylor, Cutler Law Firm, representing Alliance Communications Cooperative Inc. and Midstate Communications Inc.; Marlene Bennett, Consortia Consulting, representing Beresford Municipal Telephone Company and Mitchell Telecom; Debbie Brown, Faith Municipal Telephone Company; Denny Law, Golden West Telecommunications Cooperative Inc.; Paul Bergmann, Jefferson Telephone Company; Scott Bostrom and Robin Thoreson, RC Technologies; Eric Kahler, West River Cooperative Telephone Company; Austin Hanson, Beresford Municipal Telephone Company; Daryl Elcock and Carolyn Hadden, Clarity Telecom LLC dba Bluepeak Fiber; Paula Foster and Amber Stalboerger, Otter Tail Power Company; and Gretchen Kremer and Sam Wagner, MidAmerican Energy Company.

          An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2023, August 15, 2023, recording located at: https://puc.sd.gov/commission/media/2023/puc08152023.mp3.

Administration

1.         Approval of the Minutes of the Ad Hoc Commission Meeting Held on July 20, 2023, and the Commission Meeting Held on July 28, 2023 (Deputy Executive Director: Leah Mohr)

          Commissioner Hanson moved to approve the Minutes of the Ad Hoc Commission meeting held on July 20, 2023, and the Commission Meeting held on July 28, 2023. Motion carried 3-0.

Consumer Reports

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

          The Commission received a total of 89 contacts since the last report was prepared for the July 28, 2023, Commission meeting.

          Six contacts were related to telecommunications services, 14 contacts were related to electric services, three contacts were related to natural gas services, six contacts were related to wireless services, three contacts were related to the Do Not Call Registry, one contact was related to the Dakota Access Pipeline, 42 contacts were related to carbon pipelines and 13 contacts were related to issues not regulated by the PUC. One contact was referred to South Dakota One Call.

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

          914 of the 933 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 TC23-018, TC23-019, TC23-020, TC23-021, TC23-023, TC23-026, TC23-028, TC23-030, TC23-031, TC23-034 and TC23-037

TC23-018        In the Matter of the Request of James Valley Wireless, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Area: 399014 and 839099) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)

          Mr. Jim 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.

TC23-019        In the Matter of the Request of Northern Valley Communications, LLC for Certification Regarding Its Use of Federal Universal Service Support (Study Areas: 399017, 396340 and 839096) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)

          Mr. Jim 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.

TC23-020        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 and 839095) (Staff Analyst: Brittany Mehlhaff; Commission Attorney: Adam de Hueck)

          Mr. Jim 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.

TC23-021        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: Adam de Hueck)

          Mr. Ryan Taylor, Cutler Law Firm, representing Alliance 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. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request.

TC23-023        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: Adam de Hueck)

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

TC23-026        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 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. Joseph Rezac, staff analyst, recommended the Commission grant the company’s request.

TC23-028        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.

TC23-030        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.

TC23-031        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: Adam de Hueck)

          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. Mr. Eric Paulson, staff analyst, recommended the Commission grant the company’s request.

TC23-034        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 grant the company’s request.

TC23-037        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. 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.

2.         TC23-025        In the Matter of the Filing of MCImetro Access Transmission Services LLC dba Verizon Access Transmission Services for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Joseph Rezac, Staff Attorney: Amanda Reiss)

          Mr. Joseph Rezac, staff analyst, recommended the Commission approve MCImetro Access Transmission Services LLC dba Verizon Access Transmission Services’ requested tariff revisions with an effective date of July 18, 2023.

          Commissioner Fiegen moved to approve the company’s requested tariff changes effective July 18, 2023. Motion carried 3-0.

3.         TC23-039        In the Matter of the Filing by Clarity Telecom, LLC dba Bluepeak Fiber for Approval of Revisions to Bluepeak Fiber fka Knology of the Plains’ South Dakota Access Tariff No. 3 and Bluepeak Fiber fka Knology of the Black Hills, LLC’s South Dakota Access Services Tariff No. 2 (Staff Analyst: Patrick Steffensen, Staff Attorney: Amanda Reiss)

          Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Clarity Telecom LLC dba Bluepeak Fiber, requested the Commission approve the company’s requested tariff revisions with an effective date of July 1, 2023. Mr. Patrick Steffensen, staff analyst, recommended the Commission approve the company’s request.

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

4.         TC23-040        In the Matter of the Filing of ATV Holdings, LLC dba Mitchell Telecom for Approval of Revisions to Its Switched Access Tariff No. 1 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

          Ms. Marlene Bennett, Consortia Consulting, representing ATV Holdings LLC dba Mitchell Telecom, requested the Commission approve the company’s requested tariff revisions with an effective date of July 1, 2023. Ms. Brittany Mehlhaff, staff analyst, recommended the Commission approve the company’s request.

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

Complaint

1.         CT20-001        In the Matter of the Complaint of Venture Communications Cooperative against New Cingular Wireless PCS, LLC AT&T Mobility (Staff Analyst: Joseph Rezac; Staff Attorney: Amanda Reiss)

          Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Venture Communications Cooperative (Venture), requested the commission rule in favor of Venture. Mr. Bill Van Camp, Olinger, Lovald, McCahren, Van Camp & Thompson P.C., representing AT&T Mobility (Mobility) referred the Commission to information provided in the docket by Mobility. Ms. Amanda Reiss did not offer comments.

          Commissioner Nelson moved that the Commission find that AT&T Mobility failed to pay for local interconnection facilities ordered by AT&T Mobility in Access Service Requests at the rate set forth in Venture’s price list; and that the Commission grant Venture’s prayer for relief and order AT&T Mobility pay all unpaid interconnection charges and late payment charges thereon, order pre-judgement and post-judgement interest on all unpaid balances; and that the Commission does not find that Venture improperly billed AT&T Mobility for DS1 services under its pricing catalog; and the Commission deny AT&T Mobility’s prayer for relief and refund the amounts paid by AT&T Mobility, order pre-judgement and post-judgement interest for all claim amounts, order that Venture pay AT&T Mobility’s costs and expenses including attorney’s fees, and order other and further relief as the Commission deems appropriate. Commissioner Hanson moved to amend the motion to order AT&T Mobility pay Venture’s costs and expenses. Motion to amend failed, 1-2. Fiegen and Nelson dissenting.

          Back to the original motion. Motion carried 3-0.

Electric

1.         EL23-015        In the Matter of Otter Tail Power Company’s Petition for Approval of Rate Schedule, Section 13.09, Phase-In Rider (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)
        
          Ms. Amber Stalboerger, Otter Tail Power Company, asked that the Commission approve the proposed Phase-In Rider Rates and revised tariff sheets with an effective date of September 1, 2023. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve Otter Tail Power Company’s request.

          Commissioner Fiegen moved to approve Otter Tail Power Company’s Phase-In Rider Rates and revised tariff sheets with an effective date of September 1, 2023.Motion carried 3-0.

Natural Gas

1.         NG23-013       In the Matter of the Filing by MidAmerican Energy Company for Approval of Its 2022 Economic Development Activities and 2023 Proposed Budget (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

          Ms. Gretchen Kremer, MidAmerican Energy Company, asked that the Commission approve the proposed 2022 Economic Development Activities and 2023 Proposed Budget. Ms. Brittany Mehlhaff, staff analyst, recommended that the Commission approve MidAmerican Energy Company’s request.

          Commissioner Hanson moved to approve MidAmerican Energy Company’s 2022 Economic Development Activities and 2023 Proposed Budget.Motion carried
3-0.

Public Comment

          Mr. John Schmidt made public comments about ethanol and electric vehicles.

 

  /s/ Leah Mohr               .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
August 15, 2023