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South Dakota Public Utilities Commission Meeting
August 2, 2016, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 by 5:00 p.m. CDT on Monday, August 1, 2016. Lines are limited and are given out on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. Ultimately, if you wish to participate in the Commission Meeting and a line is not available, you may have to appear in person. 

NOTE:  To listen to the Commission Meeting live please go to the PUC’s website www.puc.sd.gov and click on the LIVE link on the home page. The Commission requests persons who will only be listening to proceedings and not actively appearing in a case listen via the web cast to free phone lines for those who have to appear.  The Commission meetings are archived on the PUC’s website under the Commission Actions tab, Click on “Commission Meeting Archives,” to access the recordings.

NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.

AGENDA OF COMMISSION MEETING

Administration

1.    Approval of the Minutes of the Commission Meetings Held on July 19, 2016. (Staff: Joy Lashley)

Consumer Reports

1.     Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)

Electric

1.     EL15-051     In the Matter of the Application of Black Hills Power, Inc. for Approval of the 2015 Vegetation Management Report (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney: Kristen Edwards)

On December 31, 2015, Black Hills Power, Inc. (BHP) filed for approval of its 2015 Vegetation Management Report, in accordance with the Settlement Stipulation in Docket EL12-061. BHP requests an order from the Commission approving the vegetation management activities from December 2014 through November 2015, and the Vegetation Management Regulatory Asset balance as of November 30, 2015, subject to the condition that such approval shall not preclude Commission review of the project, including project and cost management, accounting data and methods, and the resulting balance in the regulatory asset, for prudence and reasonableness for rate recovery in any determination of rates, including both rate filings by BHP and rate reviews initiated by the Commission.

     TODAY, shall the Commission approve the vegetation management activities from December 2014 through November 2015, and the Vegetation Management Regulatory Asset balance as of November 30, 2015, subject to the condition that such approval shall not preclude Commission review of the project, including project and cost management, accounting data and methods, and the resulting balance in the regulatory asset, for prudence and reasonableness for rate recovery in any determination of rates, including both rate filings by BHP and rate reviews initiated by the Commission?   

2.     EL16-012     In the Matter of the Application of Black Hills Power, Inc. dba Black Hills Energy for Approval of its 2016-2018 Vegetation Management Budget (Staff Analysts: Brittany Mehlhaff, Patrick Steffensen; Staff Attorney, Kristen Edwards)

On March 30, 2016, Black Hills Power, Inc. dba Black Hills Energy (BHE) filed for approval of its 2016-2018 Vegetation Management Budget. Per the Settlement Stipulation in Docket EL12-061, BHE is required to provide an annual report to demonstrate the actual vegetation management costs incurred, an explanation of the progress made on the overall five year plan, and update the forecast for the remaining years based on actual progress to date. On December 29, 2015, the Commission approved BHE’s request for an extension to file the vegetation management budget for 2016 through 2018 by March 31, 2016, in Docket EL15-050. The 2015 Vegetation Management Report was filed in Docket EL15-051. This application requesting approval of the 2016-2018 budget, in combination with Docket EL15-051, fulfills the annual reporting requirements from Docket EL12-061 for 2015. BHE requests an order from the Commission approving the 2016 through 2018 vegetation management budget, subject to the condition that such approval shall not preclude Commission review of the project, including project and cost management, accounting data and methods, and the resulting balance in the regulatory asset, for prudence and reasonableness for rate recovery in any determination of rates, including both rate filings by BHE and rate reviews initiated by the Commission.  

     TODAY, shall the Commission approve the 2016 through 2018 vegetation management budget, subject to the condition that such approval shall not preclude Commission review of the project, including project and cost management, accounting data and methods, and the resulting balance in the regulatory asset, for prudence and reasonableness for rate recovery in any determination of rates, including both rate filings by BHE and rate reviews initiated by the Commission?  

3.     EL16-013     In the Matter of the Petition for Electrical Service by Dakota Plains Ag Center, LLC to have NorthWestern Energy Assigned as its Electric Provider in the Service Area of Bon Homme Yankton Electric Association Inc. (Staff Analysts: Patrick Steffensen, Eric Paulson; Staff Attorney: Kristen Edwards)

On April 1, 2016, the Commission received a petition (Petition) from Dakota Plains Ag Center, LLC (Dakota Plains) for a service territory exception pursuant to SDCL 49-34A-56. Dakota Plains requests authorization to take electric service from NorthWestern Corporation dba NorthWestern Energy (NorthWestern). Dakota Plains states it would be a new customer within the territory of Bon Homme Yankton Electric Association, Inc. (B-Y Electric). Intervention was granted to B-Y Electric, NorthWestern, and South Dakota Rural Electric Association (SDREA). On July 25, 2016, the parties executed and filed a Stipulation to Dismiss requesting that this docket be dismissed.

     TODAY, shall the Commission dismiss the Petition and close the docket?

4.     EL16-015     In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of a Contract with Deviations (Staff Analysts: Patrick Steffensen, Eric Paulson; Staff Attorney: Kristen Edwards)

On April 15, 2016, the Commission received a request for approval of a contract with deviations from NorthWestern Corporation dba NorthWestern Energy (NorthWestern). In this filing, NorthWestern sought approval of an Electric Service Agreement with Dakota Plains Ag Center, LLC (customer). On July 22, 2016, NorthWestern filed a Motion to Dismiss NorthWestern’s Request for Approval of Contract with Deviations citing the fact that the customer has chosen to take service from another provider.

     TODAY, shall the Commission grant the Motion to Dismiss? 

5.     EL16-023     In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions to its Rates for Cogeneration and Small Power Production Facilities (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss)

On July 1, 2016, MidAmerican Energy Company (MidAmerican) filed a request for approval of tariff revisions to update its Rate QF – Cogeneration and Small Power Production Facilities tariff (Rate QF). This filing updates Rate QF energy and capacity credits based on MidAmerican’s current avoided costs. MidAmerican requests an effective date of August 15, 2016.

     TODAY, shall the Commission approve MidAmerican’s tariff revisions with an effective date of August 15, 2016?

6.     EL16-024     In the Matter of the Joint Request for Service Rights Exception between NorthWestern Corporation dba NorthWestern Energy and Central Electric Cooperative, Inc. (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Amanda Reiss) 

On July 11, 2016, NorthWestern Corporation dba NorthWestern Energy (NorthWestern) filed a request for a service rights exception to allow Central Electric Cooperative, Inc. (Central Electric) to provide single phase electrical service not to exceed 50 kVA to a new house located in the assigned territory of NorthWestern. NorthWestern’s closest suitable line is located ½ mile east and 2 miles south from the point of service for the new house . Central Electric’s closest suitable line is located ½ mile to the west of the point of service of the new house. This service exception is only for single phase electrical service not to exceed 50 kVA to the new house.

     TODAY, shall the Commission approve the requested service rights exception between NorthWestern and Central Electric?

Telecommunications

1.     TC16-009     In the Matter of the Application of Clarity Telecom, LLC dba Vast Broadband for an Amended Certificate of Authority (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

On June 20, 2016, the Commission received an Application for Amended Certificate of Authority (Application) from Clarity Telecom, LLC dba Vast Broadband (Clarity). In the Application, Clarity seeks an amendment to its existing certificate of authority in order to allow Clarity to provide local exchange service in the Brookings, South Dakota service area. Petitions to intervene were timely filed by the South Dakota Telecommunications Association and Brookings Municipal Utilities. Clarity filed an Opposition to Petition of SDTA to Intervene on July 22, 2016. Staff filed a Memorandum in Response to Opposition to Petition of SDTA to Intervene on July 25, 2016. 

     TODAY, shall the Commission grant intervention to any party that may have filed? 

2.      In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC16-016, TC16-025, TC16-026, and TC16-030.

     TC16-016     In the Matter of the Request of West River Telecommunications Cooperative Study Area: Mobridge–391671 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Joseph Rezac; Staff Attorney: Kristen Edwards)

On June 28, 2016, the Commission received an application from West River Telecommunications Cooperative (Mobridge) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 21, 2016, the Company responded to Staff’s data request.

     TC16-025     In the Matter of the Request of Clarity Telecom, LLC dba Vast Broadband Study Area: ILEC–391652 and CLEC–399006 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

On June 29, 2016, the Commission received an application from Clarity Telecom, LLC dba Vast Broadband requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 22, 2016, the Company responded to Staff’s data requests.

     TC16-026     In the Matter of the Request of RC Technologies Study Area: 391674 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

On June 29, 2016, the Commission received an application from RC Technologies requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 21, 2016, the Company responded to Staff’s data request.

     TC16-030     In the Matter of the Request of Midstate Communications, Inc. Study Area: 391670 for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

On June 29, 2016, the Commission received an application from Midstate Communications, Inc. requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company. On July 19, 2016, the Company responded to Staff’s data request.

     TODAY, shall the Commission 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?

3.     TC16-040     In the Matter of the Filing by Midcontinent Communications for Approval of Revisions to its Access Services Tariff (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

On July 1, 2016, the Commission received an application from Midcontinent Communications (Midco) requesting approval of revisions to its Access Tariff pages 3 and 44.1. The proposed tariff revision filing is done in compliance with the FCC’s order in FCC 11-161. Midco initially requested an effective date of July 24, 2016. On July 5, 2016, the Company made a filing to change the effective date to July 16, 2016.

     TODAY, shall the Commission approve Midcontinent Communications’ Revisions to its Access Services Tariff?

4.     TC16-041     In the Matter of the Application of Premier Communications, Inc., dba Premier Communications for a Certificate of Authority to Provide Interexchange Long Distance Services in South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

On July 5, 2016, Premier Communications, Inc., dba Premier Communications (Premier) filed an application for a Certificate of Authority to provide interexchange long distance services in South Dakota. Specifically, Premier proposes to offer resold interexchange services to the customers of their ILEC. On July 20, 2016, Premier responded to staff’s data requests.

     TODAY, shall the Commission grant Premier Communications, Inc., dba Premier Communication’s request for a Certificate of Authority to provide interexchange services in South Dakota?

5.     TC16-044     In the Matter of the Application by Midcontinent Communications for Eligible Telecommunications Carrier Designation within Certain Rural Service Areas (Staff Analyst: Patrick Steffensen; Staff Attorney: Kristen Edwards)

On July 6, 2016, Midcontinent Communications (Midco) filed an Application for Eligible Telecommunications Carrier Designation within Certain Rural Service Areas. Midco seeks Eligible Telecommunications Carrier (ETC) status in the service areas of Baltic, Crooks, Gayville, Lennox, Waubay, Webster, Wolsey, Bowdle, Roscoe, Roslyn, Selby, and Java.  Midco holds a certificate of authority to provide telecommunications service in those service areas. Midco has been designated as an ETC in certain non-rural areas of South Dakota. Petitions to intervene were timely filed by the South Dakota Telecommunications Association, Alliance Communications Cooperative, Inc., Interstate Telecommunications Cooperative, Inc., Santel Communications Cooperative, Inc., and Venture Communications Cooperative. On July 26, 2016, Midco filed a request to withdraw its Application. 

     TODAY, shall the Commission grant Midco’s request to withdraw its Application?

6.     TC16-045     In the Matter of the Filing by Zayo Group, LLC to Withdraw its Access Services Tariff No. 1 (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

On July 7, 2016, Zayo Group, LLC (Zayo) filed a letter with the Commission requesting to withdraw its Access Services Tariff No. 1. Currently, Zayo does not provide switched access services and has no plans to provide such services in the future. Zayo requests its withdrawal be effective on July 27, 2016. Zayo responded to Staff’s data request on July 19, 2016.

     TODAY, shall the Commission grant Zayo Group, LLC’s request to withdraw its Access Services Tariff No. 1, effective July 27, 2016?

7.     TC16-047     In the Matter of the Filing by Clarity Telecom, LLC dba Vast Broadband, Rapid City, South Dakota, for Approval of its Access Service Tariff No. 2 (Staff Analysts: Eric Paulson; Staff Attorney: Kristen Edwards)

On July 12, 2016, Clarity Telecom, LLC (Clarity) filed a request for approval of revisions to its Access Service Tariff No. 2. Clarity is submitting this filing to be in compliance with the Federal Communications Commission’s November 11, 2011, Intercarrier Compensation Reform Order (FCC 11-161). Clarity requests that the tariff revisions become effective on July 1, 2016. On July 15, 2016, Clarity filed revised tariff pages.

     TODAY, shall the Commission approve Clarity Telecom, LLC’s Revisions to its Access Service Tariff No. 2?

8.     TC16-048     In the Matter of the Filing by Clarity Telecom, LLC dba Vast Broadband for Approval of its Access Service Tariff No. 3 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

On July 12, 2016, Clarity Telecom, LLC (Clarity) filed a request for approval of revisions to its Access Service Tariff No. 2. Clarity is submitting this filing to be in compliance with the Federal Communications Commission’s November 11, 2011, Intercarrier Compensation Reform Order (FCC 11-161). Clarity requests that the tariff revisions become effective on July 1, 2016. On July 15, 2016, Clarity filed revised tariff pages.

     TODAY, shall the Commission approve Clarity Telecom, LLC’s Revisions to its Access Service Tariff No. 3?

9.     TC16-051     In the Matter of the Filing by Qwest Corporation dba CenturyLink for Approval of Waiver of the Utilization Threshold Requirements in Sioux Falls, South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

On July 25, 2016, Qwest Corporation dba CenturyLink (CenturyLink) filed for a waiver of the utilization threshold requirements outlined in FCC’s Number Resource Optimization Orders, FCC 00-429 and FCC 01-362 released in CC Docket No. 99-200, which would allow PA/NeuStar, the Number Pooling Administrator, to open a new Code of 10,000 consecutive numbers in the 605-404, 605-504, 605-514 or 605-614 NPA in the Sioux Falls Rate Center.

     TODAY, shall the Commission approve the request for Waiver of Utilization Threshold Requirements?

Items for Commission Discussion

Announcements

  1. The next regularly scheduled commission meeting will be Tuesday, August 16, 2016, at 9:30 a.m. CDT in Room 414 at the State Capitol, Pierre, S.D.

  2. Commissioners and Staff will meet with representatives of Black Hills Energy on Tuesday, August 16, 2016, at 1:00 p.m. CDT in Room 414 at the State Capitol, Pierre, S.D. The agenda is to discuss the company’s regional transmission organization analysis.

  3. Commissioners and Staff will attend the South Dakota Telecommunications Association’s annual meeting, August 22-23, 2016, at the Swiftel Center, Brookings, S.D.

  4. A public input hearing for Docket EL16-022 - In the Matter of the Application by Prevailing Winds, LLC for a Wind Energy Facility Permit for the Prevailing Winds Wind Energy Facility will be held Wednesday, August 24, 2016, at 6:30 p.m. CDT in the Avon School Gymnasium, 210 Pine Street, Avon, S.D.

  5. Commission meetings are scheduled for August 30 and September 13, 2016.

 

/s/Cindy Kemnitz   
Cindy Kemnitz
Finance Manager
PUC Email
July 26, 2016