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South Dakota Public Utilities Commission Meeting
January 18, 2022, at 1:30 P.M. CST
Matthew Training Center, Foss Building
Pierre, South Dakota

MINUTES OF COMMISSION HEARING

Commissioner Chris Nelson called the meeting to order. Present were Commissioners: Kristie Fiegen and Gary Hanson; Commission Attorney: Adam de Hueck; Commission Advisor: Greg Rislov; Staff Analyst: Eric Paulson.

Present were: Kara Semmler, South Dakota Telecommunications Association; Darla Pollman Rogers, Riter Rogers, LLP; Steve Kolbeck, Northern States Power Company dba Xcel Energy.

Joining the meeting by telephone were Commission Attorney: Karen Cremer; Staff Attorneys: Amanda Reiss, Kristen Edwards; Staff Analyst: Patrick Steffensen; J.G. Harrington, Cooley LLP, representing Midcontinent Communications; Patrick Mastel, Midcontinent Communications; Michael Donahue, Marashlian & Donahue, PLLC, representing Celerity Networks LLC; Josh Wurgler, Bantz, Gosch, & Cremer, LLC, representing James Valley Cooperative Telephone Company; Shubha Harris, Northern States Power Company dba Xcel Energy;

Administration

1.      Approval of the Minutes of the Commission Meetings Held on December 21, 2021, and January 4, 2022, and the Show Cause Hearing Held on January 4, 2022 (Staff: Janeth Merriman)

Commissioner Fiegen moved to approve the Minutes of the Commission Meeting held on December 21, 2021, and January 4, 2022, and the Show Cause Hearing Held on January 4, 2022. Motion carried 3-0.

Consumer Reports

1.     Status Report on Consumer Utility Inquiries (Staff Attorney: Kristen Edwards)

        The Commission received a total of 44 contacts since the last report was prepared for the January 4, 2022, Commission meeting.

        Five contacts were related to telecommunications services, 12 contacts were related to electric services, nine contacts were related to natural gas services, five contacts were related to wireless services, five contacts were related to the Do Not Call Registry, two contacts were related to carbon pipelines and six contacts were related to issues not regulated by the PUC.

        1,927 of the 1,933 contacts received in 2021 have been resolved. 

        40 of the 44 contacts received in 2022 have been resolved.

Telecommunications

1.      TC21-124        In the Matter of the Approval of the Petition for Arbitration of an Interconnection Agreement Between Midcontinent Communications and James Valley Cooperative Telephone Company (Staff Analyst: Brittany Mehlhaff; Staff Attorney: Kristen Edwards)

Mr. J.G. Harrington, Cooley LLP, representing Midcontinent Communications, asked that the Commission approve the Proposed Revised Procedural Schedule. A lengthy discussion took place regarding the procedural schedule. An audio recording of the discussion can be found on the PUC website under Commission Actions, Commission Meeting Archives, 2022, January 18, 2022, recording located at:
https://puc.sd.gov/commission/media/2022/puc01182022.mp3

           Commissioner Nelson moved to approve the Proposed Revised Procedural Schedule through March 15, 2022. Motion carried 3-0.

2.      TC21-125        In the Matter of the Application of Celerity Networks LLC for a Certificate of Authority to Provide Local Exchange Telecommunications Services in the State of South Dakota (Staff Analyst: Eric Paulson; Staff Attorney: Amanda Reiss)

Ms. Kara Semmler, South Dakota Telecommuncations Association (SDTA), asked that the Commission Grant Intervention to SDTA. Mr. Michael Donahue, Marashlian & Donahue, PLLC, representing Celerity Networks LLC, did not object. Ms. Amanda Reiss, staff attorney,recommended that the Commission grant intervention. 

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

Electric

1.       EL21-035        In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of a Credit Mechanism for Payments from the Third Extended Department of Energy Settlement (Staff Analyst: Patrick Steffensen; Staff Attorney: Amanda Reiss)

Mr. Steve Kolbeck, Northern States Power Company dba Xcel Energy (Xcel Energy) , asked that the Commission approve Xcel Energy’s request for the continuation of the one-time bill credit mechanism for the payments under the Third Extended Settlement with the United States Department of Energy and a 30-day extension for the 12th payment. Mr. Patrick Steffensen, staff analyst, recommended that the Commission approve the request.

           Commissioner Hanson moved to approve Xcel Energy’s request for the continuation of the one-time bill credit mechanism for the payments under the Third Extended Settlement with the United States Department of Energy and a 30-day extension to February 23, 2022 for the 12th payment. Motion carried 3-0.

There being no further business, at the hour of 1:51 p.m., the South Dakota Public Utilities Commission meeting adjourned.

/s/ Janeth A. Merriman                 .
Janeth A. Merriman
Administrative Specialist
puc@state.sd.us
January 18, 2022