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South Dakota Public Utilities Commission Meeting
February 6, 2024, at 1:30 P.M. CST
Matthew Training Center, Foss Building
Pierre, South Dakota
MINUTES OF COMMISSION MEETING
Commission Chairperson Kristie Fiegen called the meeting to order. Present were Commissioner Gary Hanson and Commissioner Chris Nelson; Commission Attorney Kristen Edwards; Commission Advisor Greg Rislov; Staff Attorneys Amanda Reiss and Logan Schaefbauer; Staff Analysts Eric Paulson and Patrick Steffensen; Consumer Affairs Manager Deb Gregg; and Administrative Staff Mikayla Frick.
Also present were Darla Pollman Rogers, Riter Rogers LLP, representing Midstate Communications Inc., Golden West Telecommunications Cooperative Inc., and Interstate Telecommunications Cooperative Inc.; and Kara Semmler, South Dakota Telecommunications Association.
Joining the meeting by telephone were Staff Analyst Brittany Mehlhaff; Tracy Bandemer, Interstate Telecommunications Cooperative Inc.; Jason Topp, Qwest Corporation dba CenturyLink QC; Andy Carlson, Taft, Stettinius & Hollister LLP, representing Assurance Wireless USA, L.P.; William Haas, T-Mobile; Debra McGuire Mercer, Nelson Mullins Riley & Scarborough LLP, representing TruConnect Communications, Inc.; and Ian Dobson, Northern States Power Company dba Xcel Energy.
An audio recording of the meeting can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2024, February 6, 2024, recording located at: https://puc.sd.gov/commission/media/2024/puc02062024.mp3.
Administration
1. Approval of the Minutes of the Commission Meeting Held on January 23, 2024 (Deputy Executive Director: Leah Mohr)
Commissioner Nelson moved to approve the Minutes of the Commission Meeting held on January 23, 2024. Motion carried 3-0.
Consumer Reports
1. Status Report on Consumer Utility Inquiries (Consumer Affairs: Deb Gregg)
The Commission received a total of 42 contacts since the last report was prepared for the January 23, 2024, Commission meeting.
Four contacts were related to telecommunications services, 12 contacts were related to electric services, two contacts were related to natural gas services, six contacts were related to wireless telecommunications services, two contacts were related to the Do Not Call Registry, three contacts were related to carbon pipelines, and 12 contacts were related to issues not regulated by the PUC. One contact was referred to South Dakota One Call.
1,429 of the 1,431 contacts received in 2023 have been resolved.
88 of the 96 contacts received in 2024 have been resolved.
Telecommunications
1. TC23-052 In the Matter of the Filing for Approval of Amendment No. 2 to the Interconnection Reciprocal Transport and Termination Agreement between Verizon Wireless and Midstate Communications Inc. (Staff Analyst: Eric Paulson; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Midstate Communications Inc., asked that the Commission approve the amendment to the interconnection agreement between Verizon Wireless and Midstate Communications Inc. Verizon Wireless did not appear. Mr. Logan Schaefbauer, staff attorney, recommended the Commission approve the request.
Commissioner Hanson moved to approve the amendment to the Interconnection Agreement. Motion carried 3-0.
2. TC23-053 In the Matter of the Filing for Approval of Amendment No. 2 to the Interconnection Reciprocal Transport and Termination Agreement between Verizon Wireless and Golden West Telecommunications Cooperative, Inc. (Staff Analyst: Eric Paulson; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Golden West Telecommunications Cooperative Inc., asked that the Commission approve the amendment to the interconnection agreement between Verizon Wireless and Golden West Telecommunications Cooperative Inc. Verizon Wireless did not appear. Mr. Logan Schaefbauer, staff attorney, recommended the Commission approve the request.
Commissioner Hanson moved to approve the amendment to the Interconnection Agreement. Motion carried 3-0.
3. TC23-054 In the Matter of the Filing for Approval of Amendment No. 2 to the Interconnection Reciprocal Transport and Termination Agreement between Verizon Wireless and Interstate Telecommunications Cooperative, Inc. (Staff Analyst: Eric Paulson; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Ms. Darla Pollman Rogers, Riter Rogers LLP, representing Interstate Telecommunications Cooperative Inc., asked that the Commission approve the amendment to the interconnection agreement between Verizon Wireless and Interstate Telecommunications Cooperative Inc. Verizon Wireless did not appear. Mr. Logan Schaefbauer, staff attorney, recommended the Commission approve the request.
Commissioner Hanson moved to approve the amendment to the Interconnection Agreement. Motion carried 3-0.
4. TC23-059 In the Matter of the Approval of the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Airus, Inc. (Staff Analyst: Brittany Mehlhaff; Staff Attorneys: Amanda Reiss, Logan Schaefbauer)
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC, asked that the Commission approve the interconnection agreement between Qwest Corporation dba CenturyLink QC and Airus, Inc. Airus, Inc. did not appear. Ms. Amanda Reiss, staff attorney, recommended the Commission approve the request.
Commissioner Fiegen moved to approve the Interconnection Agreement. Motion carried 3-0.
5. TC24-002 In the Matter of the Petition of Assurance Wireless USA, L.P. for Designation as an Eligible Telecommunications Carrier for the Purpose of Offering Lifeline Service to Qualifying Customers (Staff Analyst: Eric Paulson; Staff Attorney: Logan Schaefbauer)
Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA), asked the Commission to grant SDTA’s petition to intervene. Neither Mr. Andy Carlson, Taft, Stettinius & Hollister LLP, representing Assurance Wireless USA, L.P. nor Mr. Logan Schaefbauer, staff attorney, objected to the request.
Commissioner Nelson moved the Commission grant SDTA’s petition to intervene. Motion carried 3-0.
6. TC24-003 In the Matter of the Filing of IM Telecom, LLC dba Infiniti Mobile’s Petition for Designation as an Eligible Telecommunications Carrier in the State of South Dakota for the Limited Purpose of Providing Lifeline Service to Qualifying Customers (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Logan Schaefbauer)
Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA), asked the Commission to grant SDTA’s petition to intervene. IM Telecom, LLC dba Infiniti Mobile did not appear. Mr. Logan Schaefbauer, staff attorney, did not object to the request.
Commissioner Fiegen moved the Commission grant SDTA’s petition to intervene. Motion carried 3-0.
7. TC24-004 In the Matter of the Filing of Truconnect Communications, Inc.’s Petition for Approval of a Designation as an Eligible Telecommunications Carrier in the State of South Dakota for the Limited Purpose of Providing Lifeline Service to Qualifying Customers (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Logan Schaefbauer)
Ms. Kara Semmler, South Dakota Telecommunications Association (SDTA), asked the Commission to grant SDTA’s petition to intervene. Neither Debra McGuire Mercer, Nelson Mullins Riley & Scarborough LLP, representing TruConnect Communications, Inc. nor Mr. Logan Schaefbauer, staff attorney, objected to the request.
Commissioner Hanson moved the Commission grant SDTA’s petition to intervene. Motion carried 3-0.
Electric
1. EL21-035 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of a Credit Mechanism for Payments from the Third Extended Department of Energy Settlement (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)
Mr. Ian Dobson, Northern States Power Company dba Xcel Energy requested the Commission grant a waiver to the 90-day requirement to return the third payment under the Third Extended Settlement to ratepayers and requested a six-week extension for the third payment under the Third Extended Settlement. Mr. Patrick Steffensen, staff analyst, recommended the Commission grant the requests.
Commissioner Nelson moved the Commission approve Xcel Energy’s request for a waiver to the 90-day requirement to return the third payment under the Third Extended Settlement and allow a six-week extension. Motion carried 3-0.
There being no further business, at the hour of 1:51 p.m., the South Dakota Public Utilities Commission meeting adjourned.
/s/ Leah Mohr .
Leah Mohr
Deputy Executive Director
puc@state.sd.us
February 6, 2024
