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South Dakota Public Utilities Commission Meeting
March 26, 2013, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Gary Hanson called the meeting to order. Present were: Commissioners: Chris Nelson and Kristie Fiegen; Commission Counsel: John Smith and Rolayne Wiest; Staff Attorneys: Karen Cremer and Kristen Edwards; Staff Analysts: Jon Thurber, Brittany Mehlhaff, David Jacobson, Matthew Tysdal, Brian Rounds, Darren Kearney, Jason Simmons, and David Henry; and Staff: Sherry Dickerson

Also present were:
Rich Coit, South Dakota Telecommunications Association; Jeff Carmon, Qwest Corporation dba CenturyLink QC; Darla Rogers, Riter, Rogers, Wattier & Northrup, LLP, representing West River Telecommunications Cooperative, City of Brookings Municipal Utilities - Telephone Division dba Swiftel Communications, and Faith Municipal Telephone Company; Kari Valley, Tom Kramer, and Deb Paulson, Northern States Power Company dba Xcel Energy; Rod Bowar, Kennebec Telephone Co., Inc.; and Mary Lohnes, Midcontinent Communications

Joining the meeting by telephone were:
Diane Munns, Chuck Rea, Tina Yoda, and Susan Stewart, MidAmerican Energy Company; Bob Towers, Dave Peterson, and Basil Copeland, Chesapeake Regulatory Consultants Inc., representing SD Public Utilities Commission; Laura McCarten, Northern States Power Company dba Xcel Energy; Andrew Isar, Miller Isar, Inc., representing Trans National Communications International, Inc.; Andy Gipson, Jones Walker, Telrite Corporation dba Life Wireless; Ryan Taylor, Cutler & Donahoe, LLP; Marlene Bennett, Consortia Consulting; and Doug Eidahl and Leah Richter, Vantage Point

(NOTE: For the purpose of continuity, these minutes are not necessarily in chronological order.)

Administration

1.     Approval of the Minutes of the Hearing and Commission Meeting Held on March 12, 2013 (Staff: Joy Irving)

     Commissioner Nelson moved to approve the Minutes of the Hearing and Commission Meeting Held on March 12, 2013. 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 72 contacts since the last report was prepared for the March 12, 2013 Commission meeting.

10 of the contacts involved telecommunication services, 16 of the contacts involved electrical services, 9 contacts involved natural gas service, 11 contacts involved cell phone service, 15 contacts were related to the Do Not Call Registry, and 11 contacts were related to issues not regulated by the PUC.

409 of the 430 complaints received in 2013 have been resolved.

Electric

1.     EL12-046     In the Matter of the Application of Northern States Power Company dba Xcel Energy for Authority to Increase its Electric Rates (Staff Analysts: Jon Thurber, David Jacobson, Patrick Steffensen, Brittany Mehlhaff, Matthew Tysdal, Staff Attorney: Karen Cremer)

A lengthy discussion took place regarding docket EL12-046.  An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2013, March 26, 2013, recording located at: http://puc.sd.gov/commission/media/2013/puc03262013.mp3.

The Commission deferred action on docket EL12-046 until the next Commission Meeting.
        
Gas and Electric

1.     GE13-001     In the Matter of MidAmerican Energy Company for the Approval of its Reconciliation for 2012 and its Proposed Energy Efficiency Plan for 2013 (Staff Analysts: Brian Rounds, Darren Kearney, Staff Attorney: Kristen Edwards)

A lengthy discussion took place regarding docket GE13-001.  An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2013, March 26, 2013, recording located at: http://puc.sd.gov/commission/media/2013/puc03262013.mp3.

     Commissioner Hanson moved to approve the 2012 reconciliation amounts and the 2012 performance incentive. Motion carried 3-0.

     Commissioner Hanson moved to approve the requested modifications to the 2013 Energy Efficiency Plan. Motion carried 2-1. Commissioner Nelson dissented.

     Commissioner Hanson moved to approve the resulting changes to the Energy Efficiency Cost Recovery Rider tariff sheets with an effective date of April 2, 2013.Motion carried 2-1. Commissioner Nelson dissented.

Telecommunications

1.     TC13-004     In the Matter of the Filing by Trans National Communications International, Inc. for Approval of its Access Services Tariff No. 3 (Staff Analyst: David Jacobson, Staff Attorney: Kristen Edwards)

Mr. Andrew Isar, Miller Isar, Inc., consultant for Trans National Communications International, Inc., (Trans National), asked that the Commission approve its proposed initial access tariff.  Mr. David Jacobson, staff analyst, recommended that the Commission grant approval of Trans National's initial access tariff.

     Commissioner Hanson moved to approve the proposed initial access tariff. Motion carried 3-0.

2.     In the Matter of the Request for Approval of Intercarrier Compensation Bill and Keep Amendments to an Interconnection Agreement in Dockets TC13-018, TC13-019 and TC13-020

     TC13-018     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between Faith Municipal Telephone Company and New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service operating affiliates, dba AT&T Mobility for the State of South Dakota (Staff Analyst: David Jacobson, Staff Attorney: Kristen Edwards)

     TC13-019     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between Brookings Municipal Utilities dba Swiftel Communications and New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service operating affiliates, dba AT&T Mobility for the State of South Dakota (Staff Analyst: David Jacobson, Staff Attorney: Kristen Edwards)

     TC13-020     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between West River Telecommunications Cooperative and New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service operating affiliates, dba AT&T Mobility for the State of South Dakota (Staff Analyst: David Jacobson, Staff Attorney: Kristen Edwards)

Ms. Darla Rogers, representing West River Telecommunications Cooperative, City of Brookings Municipal Utilities - Telephone Division dba Swiftel Communications, and Faith Municipal Telephone Company, asked that the Commission approve the amendments to the above interconnection agreements.

     Commissioner Fiegen moved to approve the amendments to the interconnection agreements for the above dockets TC13-018, TC13-019 and TC13-020. Motion carried 3-0.

2.     TC13-022     In the Matter of the Application of Telrite Corporation dba Life Wireless, for Designation as an Eligible Telecommunications Carrier (Staff Analyst: Darren Kearney, Staff Attorney: Kristen Edwards)

Mr. Rich Coit, South Dakota Telecommunications Association (SDTA), asked that the Commission grant its Petition to Intervene. Mr. Andy Gipson, Jones Walker, representing Telrite Corporation dba Life Wireless (Telrite), stated Telrite doesn't object to SDTA's request for intervention. Ms. Kristen Edwards, staff attorney, requested that the Commission grant intervention to SDTA.

     Commissioner Nelson moved to grant intervention to SDTA.Motion carried 3-0.

Items for Commission Discussion

1.     A lengthy discussion took place regarding Item Discussion 1, certification requirements for eligible telecommunication carriers.  An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2013, March 26, 2013, recording located at: http://puc.sd.gov/commission/media/2013/puc03262013.mp3.

     Commissioner Nelson moved to open a new docket for Item Discussion #1, and set a comment deadline of April 16, 2013. Motion carried 3-0.

2.     A lengthy discussion took place regarding Item Discussion #2, the FCC's collection of study area boundary data.  An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2013, March 26, 2013, recording located at: http://puc.sd.gov/commission/media/2013/puc03262013.mp3.

     Commissioner Nelson moved to open a new docket for Item Discussion #2, and set a comment deadline of April 16, 2013. Motion carried 3-0.

There being no further business, at the hour of 12:20 a.m. the South Dakota Public Utilities Commission meeting adjourned.

/S/Joy Irving
Joy Irving
Administrative Assistant
PUC Email
March 26, 2013