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South Dakota Public Utilities Commission Meeting
October 29, 2015, at 9:30 A.M. CDT
Room 414, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Chris Nelson called the meeting to order. Present were: Commissioners: Kristie Fiegen and Gary Hanson; Commission Counsel: Rolayne Wiest, John Smith, and Karen Cremer; Commission Advisor: Greg Rislov; Staff Attorneys: Kristen Edwards and Adam de Hueck; Staff Analysts: Brian Rounds, Brittany Mehlhaff, Darren Kearney, Eric Paulson, Patrick Steffensen, Joe Rezac, and Lorena Reichert; Consumer Affairs Supervisor: Deb Gregg; and Staff: Katlyn Gustafson.
Also present were:
Cheri Wittler, Court Reporter; William Taylor, Taylor Law Firm, representing TransCanada Keystone Pipeline, LP; Darla Rogers and Margo Northrup, Riter, Rogers, Wattier & Northrup LLP, representing Clarity Telecom, LLC dba Vast Broadband; Tom Welk, Boyce Law Firm, representing Industrial Intervenors (Toshiba America Business Solutions, Inc., Trail King Industries, Inc., and Redfield Energy, LLC); Tom Hitchcock, Redfield Energy, LLC; Cindy Myers, self; Paul Seamans, self; Sabrina King, Dakota Rural Action; Joye Braun, Cheyenne River Sioux Tribe; Morgan Brings Plenty, Cheyenne River Sioux Tribe; Jeff Decker, Bob Rowe, Brian Bird, Kendall Kliewer, Al Brogan, Bleau LaFave, Kristi Wallman, Dennis Wagner, and Pam Bonrud, NorthWestern Corporation dba NorthWestern Energy.
Joining the meeting by telephone were:
Mary Zanter, Pipeline Safety Manager, Marty Kluh, John Staurulakis Inc, representing Clarity Telecom LLC, dba Vast Broadband; Jason Topp, Qwest Corporation dba CenturyLink QC; Troy Kwasniewski, H-D Electric Cooperative, Inc.; Mike Garrey, Humboldt Gas Board; Dave Peterson, Basil Copeland, and Bob Towers, Chesapeake Regulatory Consultants, Inc., representing PUC Staff; Amy Koenig, Don Martinez, Lee DeLange, Mark Carda, and Mike Fredrich, Black Hills Power, Inc.; Jason Sutton, Boyce Law Firm, representing Industrial Intervenors (Toshiba America Business Solutions, Inc., Trail King Industries, Inc., and Redfield Energy, LLC); Talbot Wieczorek, Gunderson, Palmer, Nelson & Ashmore, LLP, representing Wal-Mart Stores, Inc.; Gary Goble, Management Application Consulting, Inc., representing NorthWestern Corporation dba NorthWestern Energy; Matt Rappold, Rappold Law Office, representing Rosebud Sioux Tribe; Peter Capossela, Attorney, representing Standing Rock Sioux Tribe; Jennifer Baker, Fredericks Peebles & Morgan LLP, representing Yankton Sioux Tribe; Bruce Ellison, Ellison Law Office, representing Dakota Rural Action; and Robin Martinez, Martinez, Madrigal & Machicao, LLC, representing Dakota Rural Action.
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 116 contacts since the last report was prepared for the October 13, 2015 Commission meeting.
10 contacts involved telecommunication services, 23 contacts involved electrical services, 6 contacts were related to natural gas service, 5 contacts were related to wireless service, 16 contacts were related to the Do Not Call Registry, 1 contact was related to Wind Energy, 1 contact was related to One Call, 46 contacts were related to the Dakota Access Pipeline, 1 contact was related to the Keystone XL Pipeline and 7 contacts were related to issues not regulated by the PUC.
1,914 of the 1,916 complaints received in 2014 have been resolved.
1,722 of the 1,753 complaints received in 2015 have been resolved.
Pipeline Safety
A lengthy discussion took place regarding docket PS15-001. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2015, October 29, 2015, recording located at: http://puc.sd.gov/commission/media/2015/puc10292015.mp3
Commissioner Fiegen moved to approve the Stipulation, with the amendment that the Stipulation would be extended to two years and after two years of compliance, Staff will request dismissal of the Complaint. In addition, for the second year, the reporting requirement in paragraph 14 will change from monthly reports to biannual reports. Motion carried 3-0.
Electric
Ms. Amy Koenig, Black Hills Power, Inc. (BHP), asked that the Commission grant BHP’s request for approval of a material deviation. Ms. Karen Cremer, staff attorney, recommended that the Commission approve BHP’s request.
Commissioner Nelson moved to grant BHP’s request for approval of a material deviation. Motion carried 3-0.
Mr. Troy Kwasniewski, H-D Electric Cooperative, Inc. (H-D Electric), asked that the Commission grant approval to the requested service rights exception between Estelline Municipal Utility and H-D Electric. Mr. Joe Rezac, staff analyst, recommended that the Commission approve the service rights exception.
Commissioner Nelson moved to approve the requested service rights exception between Estelline Municipal Utility and H-D Electric Cooperative, Inc. Motion carried 3-0.
Mr. Don Martinez, Black Hills Power, Inc. (BHP), asked that the Commission grant approval of an extension, through October 31, 2015, for BHP to file its Energy Efficiency Solutions Plan status reports and Energy Efficiency Solutions Adjustment (EESA) rates. Mr. Darren Kearney, staff analyst, recommended that the Commission approve the requested extension and that the Commission also provide for a continuation of the currently effective EESA rates until the Commission orders otherwise.
Commissioner Fiegen moved to approve the extension, through October 31, 2015, for BHP to file its Energy Efficiency Solutions Plan status reports and Energy Efficiency Solutions Adjustment Rates, and, moved to order that the current Energy Efficiency Solutions Adjustment rates remain in effect until the Commission orders otherwise. Motion carried 3-0.
Hydrocarbon Pipeline
A lengthy discussion took place regarding docket HP14-001. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2015, October 29, 2015, recording located at: http://puc.sd.gov/commission/media/2015/puc10292015.mp3. During the discussion, it was clarified that Keystone’s Motion was in reference to: Exhibits 6001, 6003, 6004, 6005, 6016, 6022, 6024, 6027, 6028, 6030, 6031, 6032, 6034, 6035, 6036, 6037, Cindy Myer’s power point presentation, and the Plastic Water Line Survey Results document, as well as other clarifications regarding prefiled and live testimony.
Commissioner Nelson moved to grant Keystone’s Motion to Strike Testimony and Exhibits of Cindy Myers as clarified verbally.
Commissioner Hanson moved to amend to exclude Cindy Myers Exhibit 6001 from materials to be excluded. Motion failed 1-2.
Motion carried 3-0.
Telecommunications
Mr. Jason Topp, Qwest Corporation (Qwest nka CenturyLink) (CenturyLink), asked that the Commission dismiss and close the docket. Ms. Karen Cremer, staff attorney, recommended that the Commission approve CenturyLink’s request.
Commissioner Fiegen moved to dismiss and close this docket.Motion carried 3-0.
Mr. Jason Topp, Qwest, asked that the Commission dismiss and close the docket. Mr. Eric Paulson, staff analyst, recommended that the Commission approve Qwest’s request.
Commissioner Nelson moved to dismiss and close this docket.Motion carried 3-0.
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC (CenturyLink), asked that the Commission grant approval of an amendment to the resale agreement between CenturyLink and InTTec, Inc. Mr. Adam de Hueck, staff attorney, stated that the agreement was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Mr. de Hueck recommended that the Commission approve request.
Commissioner Hanson moved to approve the amendment to the resale agreement. Motion carried 3-0.
Darla Rogers, Riter, Rogers, Wattier & Northrup LLP, representing Clarity Telecom, LLC dba Vast Broadband (Clarity), asked that the Commission grant approval to Clairty’s tariff revisions. Ms. Lorena Reichert, staff analyst, recommended that the Commission approve Clarity’s tariff revisions effective on July 1, 2015.
Commissioner Fiegen moved to approve Clarity Telecom, LLC’s Revisions to its Access Service Tariff No. 3 effective July 1, 2015. Motion carried 3-0.
Mr. Jason Topp, Qwest Corporation dba CenturyLink QC and CenturyLink Communications, LLC asked that the Commission approve the amendment to the interconnection agreement. Mr. Adam de Hueck, staff attorney, stated that the agreement was properly filed, properly executed, and does not appear to contain discriminatory provisions, and no comments were filed. Mr. de Hueck recommended that the Commission approve request.
Commissioner Hanson moved to approve the amendment to the interconnection agreement. Motion carried 3-0.
Electric Continued
A lengthy discussion took place regarding docket EL14-106. An audio of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2015, October 29, 2015, recording located at: http://puc.sd.gov/commission/media/2015/puc10292015.mp3
Commissioner Hanson moved to grant the Joint Motion for Approval of Revised Settlement Stipulation, and approve the rates, tariff sheets, terms and conditions stipulated therein, and approve the Interim Rate Refund Plan. Motion carried 3-0.
There being no further business, at the hour of 12:23 p.m. the South Dakota Public Utilities Commission meeting adjourned.
/s/Joy Lashley .
Joy Lashley
Administrative Assistant
PUC Email
October 29, 2015
