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South Dakota Public Utilities Commission Meeting
July 6, 2021, at 2:00 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

NOTE:  Docket participants who wish to join this meeting by conference call should contact the Commission at 605-773-3201 by 10:00 a.m. CDT on Tuesday, July 6, 2021, to reserve a phone line. Lines are limited and assigned 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 docket discussion at 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 webcast 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 Meeting Held on June 10, 2021 (Staff: Macy Jo Murren)

Consumer Reports

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

Telecommunications

1.      TC21-002        In the Matter of the Application by Uniti National LLC for Certificates of Authority to Provide Local Exchange and Interexchange Telecommunications Services in the State of South Dakota (Staff Analyst: Joseph Rezac, Staff Attorney: Amanda Reiss)

         On January 27, 2021, the Commission received an Application for a Certificate of Authority to provide local exchange and interexchange telecommunications services in the state from Uniti National, LLC (Uniti). Specifically, Uniti seeks to provide facilities-based and resold local exchange telecommunications services that do not require an interconnection agreement in the state. Uniti does not seek to provide switched access services or other retail voice services. On February 8, 2021, South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene. On February 22, 2021, the Commission issued an order granting Intervention to SDTA. On April 22, 2021, SDTA and Unti filed a Joint Stipulation.

         TODAY, shall the Commission grant Uniti’s request for a Certificate for Authority to provide local exchange and interexchange long distance services in South Dakota? AND, shall the Commission grant STDA and Uniti’s request to include the terms and conditions as set forth in the Joint Stipulation? AND, shall the Commission grant Uniti’s request for a waiver of ARSD 20:10:32:10? OR, how shall the Commission proceed?

2.      TC21-017        In the Matter of the Petition of Fiber Ring Revenue-Pooling Association for Approval of Revised Rates (Staff Analyst: Joseph Rezac, Staff Attorney: Kristen Edwards)

         On April 30, 2021, the Commission received a petition from the Fiber Ring Revenue-Pooling Association (FRRPA) for approval of several revised Internet and Public Network Switched rates. On June 14, FRRPA responded to staff’s data request.

         TODAY, shall the Commission approve the revised rates set forth in Attachment 1?

3.      TC21-030        In the Matter of the Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and EnTelegent Solutions, Inc. for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

         On May 24, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of the FCC Modernizing Unbundling and Resale Requirements Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and EnTelegent Solutions, Inc.

         TODAY, shall the Commission approve the amendment to the interconnection agreement?

4.      TC21-032        In the Matter of the Approval of an Unbundled Network Elements (UNEs) – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and MCImetro Access Transmission Services LLC for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

         On May 24, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and MCImetro Access Transmission Services LLC. The amendment incorporates forbearance orders FCC 19-66 and FCC 19-72, which were released by the Federal Communications Commission in 2019.

         TODAY, shall the Commission approve the amendment to the interconnection agreement?

5.      TC21-034        In the Matter of the Filing by Northern Valley Communications, LLC for Approval of Revisions to Its Access Services Tariff No. 1 (Staff Analyst: Joseph Rezac, Staff Attorney: Amanda Reiss)

         On May 28, 2021, the Commission received a filing by Northern Valley Communications, LLC for approval of revisions to its Access Service Tariff No. 1. This filing proposes the first step in implementing the 8YY Access Service reductions mandated in the Federal Communications Commission’s October 9, 2020, Report and Order in WC Docket No. 18-156, FCC Release No. 20-143. Northern Valley Communications, LLC requests an effective date of July 1, 2021. On June 28, 2021, Northern Valley Communications, LLC filed revised tariff pages.

         TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?

6.      TC21-038        In the Matter of the Approval of an Unbundled Network Elements (UNEs) – Resale Forbearance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and XO Communications Services, LLC for the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

         On June 9, 2021, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and XO Communications Services, LLC. The amendment incorporates forbearance orders FCC 19-66 and FCC 19-72, which were released by the Federal Communications Commission in 2019.

         TODAY, shall the Commission approve the amendment to the interconnection agreement?

7.      TC21-040        In the Matter of the Filing by MCImetro Access Transmission Services Corp. dba Verizon Access Transmission Services for Approval of Revisions to Its Access Services Tariff No. 2 (Staff Analyst: Joseph Rezac, Staff Attorney: Amanda Reiss)

         On June 10, 2021, the Commission received a filing by MCImetro Access Transmission Services Corp. dba Verizon Access Transmission Services for approval of revisions to its Access Service Tariff No 2. This filing proposes the first step in implementing the 8YY Access Service reductions mandated in the Federal Communications Commission’s October 9, 2020, Report and Order in WC Docket No. 18-156, FCC Release No. 20-143. MCImetro Access Transmission Services Corp. dba Verizon Access Transmission Services requests an effective date of July 1, 2021.

         TODAY, shall the Commission approve the proposed tariff revisions with an effective date of July 1, 2021?

Electric

1.      EL21-018        In the Matter of the Application by North Bend Wind Project, LLC for a Permit to Construct and Operate the North Bend Wind Project in Hyde County and Hughes County, South Dakota (Staff Analysts: Darren Kearney, Jon Thurber; Staff Attorney: Amanda Reiss)

         On June 23, 2021, North Bend Wind Project, LLC (North Bend Wind) filed an application for a permit to construct the North Bend Wind Project, a wind energy facility located on approximately 46,931 acres of land in Hyde County and Hughes County, South Dakota, in the townships of Butte, Chapelle, Harrold, Holabird, Pleasant Valley, Pratt, and Webster. The total installed capacity of the Project would not exceed 200 megawatts nameplate capacity. The proposed Project includes up to 71 wind turbine generators, access roads to turbines and associated facilities, underground 34.5-kilovolt (kV) electrical collector lines, underground fiber-optic cable, a 34.5-kV to 230-kV collection substation, a 230-kV interconnection switching station, an aircraft detection lighting system and one permanent meteorological tower. The Project will interconnect to Western Area Power Administration’s Fort Thompson-Oahe 230-kV transmission line, which crosses the southern portion of the project area. The Project, at the time of filing this application, has not executed a purchase power agreement. The Project is expected to be operation in late 2022. Applicant estimates the total cost of the Project to be between $265 and $285 million.

         TODAY, shall the Commission assess a filing fee not to exceed $342,500 with an initial deposit of $8,000? AND, shall the Commission authorize the executive director to enter into necessary consulting contracts?

Items for Commission Discussion

Public Comment

Individuals who wish to make public comments to the commission may do so during this time. All who offer public comments are requested to sign in at the commission meeting or let the commission know of their wish to speak when they call in to reserve a phone line. Time limits for comments may be determined at the discretion of the commission.

Announcements

1.   The PUC office will be closed Monday, July 5, 2021, in observance of Independence Day.

2.   Commissioners will attend the National Association of Regulatory Utility Commissioners’ Summer Policy Summit, July 18-21, 2021, at the Sheraton Denver Downtown Hotel, Denver, Colorado.

3.   The next regular commission meeting will be Thursday, July 22, 2021, at 1:30 p.m. CDT in Room 413 at the State Capitol Building, Pierre, South Dakota.

4.   Commission meetings are scheduled for August 3 and 19, 2021.

 

 /s/ Cindy Kemnitz          .

Cindy Kemnitz
Finance Manager
puc@state.sd.us
June 29, 2021