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South Dakota Public Utilities Commission Meeting
April 10, 2012, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Chris Nelson called the meeting to Order. Present were: Commissioner: Gary Hanson; Commission Counsel: John Smith and Rolayne Wiest; Staff Attorneys: Karen Cremer, Ryan Soye and Kara Semmler; Staff Analysts: Ross Pedersen, Patrick Steffensen, David Jacobson, Brittany Mehlhaff, Jon Thurber, Jim Mehlhaff, and Chris Daugaard; Consumer Affairs Supervisor: Deb Gregg; and Staff: Demaris Axthelm.

Also present were: Ray Martinmaas, Martinmaas Dairy.

Joining the meeting by telephone were: Commissioner: Kristie Fiegen; Jerry Reisenauer, Grand Electric Cooperative, Inc.; Dave Zwetzig, Butte Electric Cooperative, Inc.; Dick Johnson, West River Electric Association, Inc.; Bruce Gerhardson, Otter Tail Power Company; Wauneta Browne, AT&T Communications of the Midwest, Inc.; and Andrew Isar, Miller Isar, Inc., representing 360networks (USA) Inc.

Administration

1.     Approval of the Minutes of the Commission Meeting Held on March 13, 2012 and March 27, 2012. (Staff: Joy Irving)

     Commissioner Hanson moved to approve the minutes of March 13, 2012 and March 27, 2012. Motion carried 3-0.

Consumer Reports

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

The Commission received a total of 74 contacts since the last report was prepared for the March 27, 2012 Commission meeting.

12 of the contacts involved telecommunication services, 18 of the contacts involved electrical services, 5 contacts involved natural gas service, 6 contacts involved cell phone service, 13 contacts were related to the Do Not Call Registry, 1 contact was regarding Wind Energy, 1 contact was related to One Call and 18 contacts were related to issues not regulated by the PUC.

545 of the 560 complaints received in 2012 have been resolved.

2,759 of the 2,760 complaints received in 2011 have been resolved.

Electric

Commissioner Nelson stated that EL12-018, EL12-019, EL12-020, and EL12-022 would be heard together.

1.     EL12-018     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Grand Electric Cooperative, Inc. and Moreau Grand Electric Cooperative, Inc. (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)

2.     EL12-019     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Grand Electric Cooperative, Inc. and Butte Electric Cooperative Inc. (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)
        
3.     EL12-020     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Grand Electric Cooperative, Inc. and Faith Municipal Electric (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)
        
4.     EL12-022     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Grand Electric C143ooperative, Inc. and West River Electric Association, Inc. (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)

Mr. Ross Pedersen, staff analyst, stated that the filings are part of the GIS mapping project to verify all South Dakota electric service territory boundaries for input in the ArcMap software. Staff requested approval of the electric service territory boundary agreements in Dockets EL12-018, EL12-019, EL12-020, and EL12-022.

     Commissioner Nelson moved to approve the proposed electric service territory boundary agreements filed in Dockets EL12-018, EL12-019, and EL12-022 and to approve the amended agreement filed in Docket EL12-020. Motion carried 3-0.
        
5.     EL12-023     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Cherry-Todd Electric Cooperative, Inc. and West Central Electric Cooperative, Inc. (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)

The Commission took no action and instructed Staff to verify the correct township and range numbers and make necessary changes to the section descriptions and final boundary segment description to conform to what is determined from this verification.

6.     EL12-027     In the Matter of the Petition of Otter Tail Power Company to Establish an Environmental Quality Cost Recovery Tariff (Staff Analysts: Jon Thurber, Brittany Mehlhaff, Staff Attorney: Karen Cremer)

Karen Cremer, staff attorney, requested the Commission assess a filing fee of up to $50,000.00 and give the Executive Director authority to enter into necessary consulting contracts. Mr. Bruce Gerhardson, stated Otter Tail had no objections.

         Commissioner Hanson moved to assess a filing fee in the amount of $50,000.00 to account for actual expenses incurred in review of this filing commencing from the filing date and to give the Executive Director authority to enter necessary consulting contracts.  Motion carried 3-0.

Telecommunications

1.     TC12-017     In the Matter of the Filing by AT&T Communications of the Midwest, Inc. for Approval of its Access Services and Network Interconnection Services Tariff (Staff Analyst: Brian Rounds, Staff Attorney: Kara Semmler)

Ms. Kara Semmler, staff attorney, stated the filing was made pursuant to a recent FCC order and staff believes it's in compliance and recommended approval.

     Commissioner Fiegen moved to approve the tariff changes. Motion carried 3-0.

2.     TC12-026     In the Matter of the Filing by 360networks (USA) Inc. for Approval of its Access Services Tariff No. 1 (Staff Analysts: Chris Daugaard, Patrick Steffensen, Staff Attorney: Kara Semmler)

Mr. Chris Daugaard, staff analyst, stated the tariff amendment added more detail to the VoIP-PSTN provisions of its tariff. 360 previously implemented VoIP-PSTN provisions in an earlier docket, TC11-096, which closed on January 30, 2012. Staff reviewed the filing and believed it to be compliant with the VoIP-PSTN provisions of the recent FCC Order. Mr. Daugaard, stated staff recommended approval of the tariff, effective as filed.

     Commissioner Fiegen moved to approve the tariff changes. Motion carried 3-0.

There being no further business, at the hour of 9:49 a.m. the South Dakota Public Utilities Commission meeting adjourned. The next Commission meeting is scheduled for April 24, 2012.

 

/S/Joy Irving
Joy Irving
Administrative Assistant
puc@state.sd.us
April 10, 2012