SLIDE 1
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA
101 EXECUTIVE CENTER DRIVE POST OFFICE BOX 11649 COLUMBIA, SC 29210
COLUMBIA, SC 29211 WWW.PSC.SC.GOV
P UBLIC S ERVICE C OMMISSION OF S OUTH C AROLINA 101 E XECUTIVE C - - PDF document
P UBLIC S ERVICE C OMMISSION OF S OUTH C AROLINA 101 E XECUTIVE C - - PDF document
BEFORE THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA COLUMBIA, SOUTH CAROLINA CM #16-16 May 18, 2016 2:00 ~ 2:38 P.M. COMMISSION MEMBERS PRESENT : Nikiya M. Nikki H ALL , Chairman ; Swain E. W HITFIELD , Vice Chairman ; and COMMISSIONERS
SLIDE 2
SLIDE 3
Commission May 18, 2016
3
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA P R O C E E D I N G S 1 CHAIRMAN HALL: Thank you. Be seated. Good 2 afternoon, everyone. We'll call this meeting to 3
- rder and ask that you pause for a brief moment of
4 silence. 5 [Pause] 6 Amen. 7
- Dr. Spearman.
8
- DR. SPEARMAN: Madam Chairman and other
9 Commissioners, our first order of business would be 10 to set the next Commission Meeting. We are 11 requesting that next week be a chambers week, and 12 that would make the next meeting on Wednesday 13 afternoon at 2 o'clock, on June 1st. 14 CHAIRMAN HALL: All right. Sounds good. 15 Thank you. 16
- DR. SPEARMAN: Madam Chairman and other
17 Commissioners, on the Utility Agenda, Item 1, 18 Docket No. 2016-188-C, is a resale agreement. 19 COMMISSIONER HAMILTON: Madam Chair. 20 CHAIRMAN HALL: Commissioner Hamilton. 21 COMMISSIONER HAMILTON: Madam Chair, I’d move 22 we approve the Resale Agreement between United 23 Telephone Company of the Carolinas, LLC, doing 24 business as CenturyLink, and dishNET Wireline, 25 L.L.C. So moved. 26 CHAIRMAN HALL: Thank you. You’ve heard 27 Commissioner Hamilton’s motion. If there’s no 28 discussion, all in favor, please indicate by saying 29 “aye”? 30 COMMISSIONERS: Aye. 31 CHAIRMAN HALL: “Nay”? 32
SLIDE 4
Commission May 18, 2016
4
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA [No response] 1 The ayes have it. Motion carries. 2
- DR. SPEARMAN: In Item 2, Docket No. 2016-132-
3 C, Matrix Telecom, Incorporated, and TNCI Operating 4 Company request transfer of customers and 5 cancellation of Certificate. 6 COMMISSIONER FLEMING: Madam Chair. 7 CHAIRMAN HALL: Commissioner Fleming. 8 COMMISSIONER FLEMING: In Docket 2016-132-C, 9 having received no intervention or opposition, I 10 move we approve the conversion of Matrix Telecom, 11 Incorporated, to Matrix Telecom, LLC; the transfer 12
- f customers from TNCI Operating Company, LLC, to
13 Matrix Telecom, LLC; and the cancellation of the 14 Certificate of Authority of TNCI Operating Company, 15
- LLC. The customers of TNCI Operating Company, LLC,
16 have been notified of the transfer and will have no 17 changes to their rates and charges. I so move. 18 CHAIRMAN HALL: Thank you. You’ve heard 19 Commissioner Fleming’s motion. If there’s no 20 discussion, all in favor, please indicate by saying 21 “aye”? 22 COMMISSIONERS: Aye. 23 CHAIRMAN HALL: “Nay”? 24 [No response] 25 The ayes have it. Motion carries. 26
- DR. SPEARMAN: Madam Chairman and other
27 Commissioners, I'd like to carry over Item 3, at 28 the request of the Office Of Regulatory Staff. 29 CHAIRMAN HALL: Okay, thank you. 30
- DR. SPEARMAN: Madam Chairman and other
31 Commissioners, I'd like to take Items 4 through 13 32
SLIDE 5
Commission May 18, 2016
5
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA
- together. These are agreements and also asking for
1 confidential information. 2 COMMISSIONER RANDALL: Madam Chair. 3 CHAIRMAN HALL: Commissioner Randall. 4 COMMISSIONER RANDALL: I move we accept for 5 filing and grant confidential treatment to the 6 Renewable Power Purchase Agreements in Items 4 7 through 13. South Carolina Electric & Gas Company 8 asserts that these Agreements contain commercially 9 sensitive and proprietary information that is 10 entitled to protection under the South Carolina 11 Freedom of Information Act. So moved, Madam Chair. 12 CHAIRMAN HALL: Thank you. You’ve heard 13 Commissioner Randall’s motion. If there’s no 14 discussion, all in favor, please indicate by saying 15 “aye”? 16 COMMISSIONERS: Aye. 17 CHAIRMAN HALL: “Nay”? 18 [No response] 19 The ayes have it. Motion carries. 20
- DR. SPEARMAN: In Item 14, Docket No. 2008-
21 196-E, South Carolina Electric & Gas is requesting 22 confidential treatment of certain portions of its 23 quarterly report for its Nuclear Stations Units 2 24 and 3. 25 COMMISSIONER ELAM: Madam Chair? 26 CHAIRMAN HALL: Commissioner Elam. 27 COMMISSIONER ELAM: I move we grant the 28 request of South Carolina Electric & Gas Company 29 for confidential treatment of certain portions of 30 the quarterly report for the period ending March 31 31, 2016, concerning construction of V.C. Summer 32
SLIDE 6
Commission May 18, 2016
6
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA Nuclear Station Units 2 and 3. The company asserts 1 that the information is commercially sensitive and 2 entitled to protection under the South Carolina 3 Freedom of Information Act. So moved. 4 CHAIRMAN HALL: Thank you. You’ve heard 5 Commissioner Elam’s motion. If there’s no 6 discussion, all in favor, please indicate by saying 7 “aye”? 8 COMMISSIONERS: Aye. 9 CHAIRMAN HALL: “Nay”? 10 [No response] 11 The ayes have it. Motion carries. 12
- DR. SPEARMAN: Item 15, Docket No. 2016-1-E,
13 Duke Energy Progress is requesting confidential 14 treatment of Exhibit 3 of T. Preston Gillespie, Jr. 15 COMMISSIONER FLEMING: Madam Chair. 16 CHAIRMAN HALL: Commissioner Fleming. 17 COMMISSIONER FLEMING: In Docket 2016-1-E, I 18 move we grant the request of Duke Energy Progress, 19 LLC, for confidential treatment of Exhibit 3 of the 20 direct testimony of T. Preston Gillespie, Jr. The 21 company asserts that Exhibit 3 contains 22 competitively sensitive and proprietary outage 23 information that is entitled to protection under 24 the South Carolina Freedom of Information Act. I 25 so move. 26 CHAIRMAN HALL: Thank you. You’ve heard 27 Commissioner Fleming’s motion. If there’s no 28 discussion, all in favor, please indicate by saying 29 “aye”? 30 COMMISSIONERS: Aye. 31 CHAIRMAN HALL: “Nay”? 32
SLIDE 7
Commission May 18, 2016
7
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA [No response] 1 The ayes have it. Motion carries. 2
- DR. SPEARMAN: Madam Chairman and other
3 Commissioners, I'd like to take Items 16 and 17 4
- together. These are complaints with Duke Energy
5
- Carolinas. The Complaints have been resolved and
6 the Complainants have asked to withdraw the 7 Complaints. 8 COMMISSIONER HAMILTON: Madam Chair. 9 CHAIRMAN HALL: Commissioner Hamilton. 10 COMMISSIONER HAMILTON: Madam Chair, I would 11 move that we grant the requests of the Complainants 12 to withdraw their Complaints in Items 16 and 17. 13 These matters have been resolved. The hearings 14 scheduled in these dockets shall be canceled. So 15 moved. 16 CHAIRMAN HALL: Thank you. You’ve heard 17 Commissioner Hamilton’s motion. If there’s no 18 discussion, all in favor, please indicate by saying 19 “aye”? 20 COMMISSIONERS: Aye. 21 CHAIRMAN HALL: “Nay”? 22 [No response] 23 The ayes have it. Motion carries. 24
- DR. SPEARMAN: Item 18, Docket No. 2016-165-E,
25 the Rosa Guy Complaint against South Carolina 26 Electric & Gas Company, we have a Motion to 27 Dismiss. 28 COMMISSIONER RANDALL: Madam Chair. 29 CHAIRMAN HALL: Commissioner Randall. 30 COMMISSIONER RANDALL: Madam Chair, South 31 Carolina Electric & Gas Company has moved to 32
SLIDE 8
Commission May 18, 2016
8
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA dismiss the Complaint of Ms. Rosa Guy. Ms. Guy’s 1 Complaint simply requests more time to pay her 2 electric bill. The Complaint does not allege that 3 SCE&G violated any laws or Commission regulations. 4 The record reflects that the company has made every 5 effort to work with Ms. Guy in the past with regard 6 to her bills, by agreeing to put her on a deferred 7 payment plan twice, and by putting her on budget 8 billing once. In each case, Ms. Guy has been 9 unwilling or unable to follow through and make the 10 necessary payments under these scenarios, and, in 11 each case, she has left large amounts of her 12 electric bills unpaid. While honoring her 13 temporary medical certificates requiring no 14 disconnection of power, SCE&G attempted to get 15 social services to help with Ms. Guy’s outstanding 16
- bills. Ms. Guy was ineligible for these services,
17 due to the level of her monthly income. Ms. Guy 18 did not attempt to refute any of the company’s 19 allegations in the verified Motion to Dismiss. The 20 record of this case indicates that Ms. Guy has 21 failed to meet the terms of the various payment 22 plans, and she cites no violation of any laws or 23 regulations by the company. Therefore, I move that 24 the Motion to Dismiss be granted. So moved. 25 CHAIRMAN HALL: Thank you. You’ve heard 26 Commissioner Randall’s motion. If there’s no 27 discussion, all in favor, please indicate by saying 28 “aye”? 29 COMMISSIONERS: Aye. 30 CHAIRMAN HALL: “Nay”? 31 [No response] 32
SLIDE 9
Commission May 18, 2016
9
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA The ayes have it. Motion carries. 1
- DR. SPEARMAN: Item 19, Docket No. 2015-289-
2 WS, this is the Office of Regulatory Staff Petition 3 for a Rule to Show Cause as to why Guerin Creek 4 should not be ordered to cease charging for its 5 services. 6 VICE CHAIRMAN WHITFIELD: Madam Chairman. 7 CHAIRMAN HALL: Commissioner Whitfield. 8 VICE CHAIRMAN WHITFIELD: Madam Chairman, the 9 rules and regulations of this Commission require 10 the filing of an annual report and performance bond 11 for utilities under our jurisdiction. Guerin 12 Creek, a wastewater company serving 14 lots in 13 Mount Pleasant, was the subject of a Petition from 14 the Office of Regulatory Staff last October because 15 it failed to file its 2014 annual report and had 16 not updated the financial statement the company had 17 in place for its performance bond. Following a 18 hearing, the Commission issued an order requiring 19 Guerin Creek to come into compliance with those 20 requirements or face the possibility of reduced 21 rates, among other things. The company did not 22 comply. 23 ORS has now filed its second Petition against 24 Guerin Creek for the same failure to comply with 25 its 2014 annual report and updated financial 26 statement, which is now in violation of Commission 27 Order 2015-767. A hearing on this second Petition 28 was held on May 11, 2016, and no representative 29 from the company attended. Additionally, 30 information provided by ORS at the hearing 31 indicates that no 2015 annual report has been 32
SLIDE 10
Commission May 18, 2016
10
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA filed, and no maintenance has been performed on the 1 system for several years. For instance, trees are 2 growing in the large septic system’s drain field, 3 and the fence for the drain field is in disrepair. 4 Madam Chairman, I view these failures as 5 willful violations of the provisions of the law 6 under which Guerin Creek was granted a Certificate 7 to operate. As a result of the disregard for the 8 legal requirements to operate its wastewater system 9 and lack of maintenance, I find Guerin Creek’s 10 rates as authorized by Order No. 1997-718 to be 11
- unreasonable. At the May 11th hearing, ORS
12 recommended a rate of $1 per month. I agree and 13 therefore move, under the authority of Code Section 14 58-5-290, that the just and reasonable rate which 15 Guerin Creek may prospectively charge its 16 customers, from the date of the order following 17 this Directive, is $1 per month. I also move that 18 this reduction in rates shall be effective until 19 such time as Guerin Creek comes into compliance 20 regarding its annual reports and posts an adequate 21 bond or personal financial statement. Last, I find 22 that it is in the public interest for Guerin Creek 23 to adequately maintain its septic system, and 24 strongly encourage the utility to take due care in 25 its upkeep. 26 Customers of Guerin Creek shall be notified of 27 the change in rates Guerin Creek is authorized to 28 charge within 30 days of the issuance of the order 29 following this Directive. 30 That is my motion, Madam Chairman. 31 CHAIRMAN HALL: Thank you. You've heard 32
SLIDE 11
Commission May 18, 2016
11
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA Commissioner Whitfield's motion. If there’s no 1 discussion, all in favor, please indicate by saying 2 “aye”? 3 COMMISSIONERS[except Comm. Fleming]: Aye. 4 COMMISSIONER FLEMING: Madam Chair, I'm not 5
- voting. I was on leave that day.
6 CHAIRMAN HALL: Okay. Commissioner Fleming is 7 not voting, then. 8 “Nay”? 9 [No response] 10 The ayes have it. Motion carries. 11
- DR. SPEARMAN: Item 20, Docket No. 2005-37-C,
12 is the Application of Hargray Telephone Company and 13 Bluffton Telephone Company to amend their 14 Alternative Regulation Plans to establish new price 15 caps for basic local residential service, to meet 16 the requirements of the FCC. 17 COMMISSIONER ELAM: Madam Chair? 18 CHAIRMAN HALL: Commissioner Elam. 19 COMMISSIONER ELAM: In order to obtain full 20 federal funding for providing basic local 21 residential service, the Federal Communications 22 Commission requires that, by June 1, 2016, 23 telecommunications companies charge at least the 24 national average rate as computed by the FCC. In 25
- rder to comply with the FCC requirement and obtain
26 full federal high-cost support, Hargray Telephone 27 Company, Incorporated, and Bluffton Telephone 28 Company, Incorporated, have jointly requested to 29 amend their Alternative Regulation Plans to 30 establish new price caps for Basic Local 31 Residential Service at the applicable nationwide 32
SLIDE 12
Commission May 18, 2016
12
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA average rates for such services. 1 The verified testimony of Aubrey Trey Judy, 2 II, was filed in support of the joint request. The 3 Commission received no petitions to intervene or 4 letters of opposition. The Office of Regulatory 5 Staff has reviewed each company's residential local 6 exchange rate increase request and has found that 7 the increases comport with the companies' modified 8 Alternative Regulation Plans, and ORS further 9 recommends the Commission approve these rate 10 increases. 11 I, therefore, move that the joint request to 12 amend the Alternative Regulation Plans to establish 13 new price caps for basic local residential service 14 at the applicable nationwide average rates for such 15 service be approved. The new rates shall become 16 effective on June 1, 2016. So moved. 17 CHAIRMAN HALL: Thank you. You’ve heard 18 Commissioner Elam’s motion. If there’s no 19 discussion, all in favor, please indicate by saying 20 “aye”? 21 COMMISSIONERS: Aye. 22 CHAIRMAN HALL: “Nay”? 23 [No response] 24 Ayes have it. Motion carries. 25
- DR. SPEARMAN: Item 21, Docket No. 2016-57-C,
26 Birch Communications, Birch Telecom of the South, 27 and Primus Telecommunications are requesting the 28 transfer of assets, along with a request for waiver 29
- f Notice.
30 COMMISSIONER FLEMING: Madam Chair. 31 CHAIRMAN HALL: Commissioner Fleming. 32
SLIDE 13
Commission May 18, 2016
13
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA COMMISSIONER FLEMING: In Docket 2016-57-C, 1 Birch Communications, Incorporated, Birch Telecom 2
- f the South, Incorporated, doing business as Birch
3 Communications, and Primus Telecommunications, 4 Incorporated, Debtor-in-Possession, have applied 5 for a Waiver of Publication, approval of a transfer 6
- f assets, and approval to add a trade name. The
7 customers of Primus have been notified of the 8 proposed transfer. No Petitions to Intervene or 9 letters of protest have been received, and the 10 Office of Regulatory Staff does not oppose this 11 Application. 12 Therefore, I move that Waiver of Publication 13 be granted, the transfer of certain assets and 14 South Carolina customer base of Primus 15 Telecommunications to Birch be approved, and that 16 the use of the trade name “Primus” by Birch be 17
- approved. There will be no immediate change in
18 services, rates, or charges for customers of Primus 19 who are being transferred to Birch. 20 CHAIRMAN HALL: Thank you. You’ve heard 21 Commissioner Fleming’s motion. If there’s no 22 discussion, all in favor, please indicate by saying 23 “aye”? 24 COMMISSIONERS: Aye. 25 CHAIRMAN HALL: “Nay”? 26 [No response] 27 The ayes have it. Motion carries. 28
- DR. SPEARMAN: Item 22, Docket No. 2000-505-C,
29 tw telecom of south carolina, llc, is requesting to 30 amend its Certificate for a name change, along with 31 a request for waiver of publication. 32
SLIDE 14
Commission May 18, 2016
14
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA VICE CHAIRMAN WHITFIELD: Madam Chairman. 1 CHAIRMAN HALL: Commissioner Whitfield. 2 VICE CHAIRMAN WHITFIELD: I move that we grant 3 the request of tw telecom of south carolina, llc, 4 to amend its Certificate to read: Level 3 Telecom 5
- f South Carolina, LLC. Also, I move we grant the
6 request for Waiver of Publication because all 7 customers have been notified. 8 CHAIRMAN HALL: Thank you. You’ve heard 9 Commissioner Whitfield’s motion. If there’s no 10 discussion, all in favor, please indicate by saying 11 “aye”? 12 COMMISSIONERS: Aye. 13 CHAIRMAN HALL: “Nay”? 14 [No response] 15 The ayes have it. Motion carries. 16
- DR. SPEARMAN: Madam Chairman and other
17 Commissioners, I'd like to take Item 23 — that's 18 the Agency's presentation on the AED Program — and 19 discuss that at the end of the Transportation 20 Agenda. 21 CHAIRMAN HALL: Okay. That's fine. Thank 22 you. 23
- DR. SPEARMAN: That completes the Utility
24 Agenda. 25 On the Transportation Agenda, I'd like to take 26 Items 1 through 7 together. These are Applications 27 for Class C Certificates. 28 [Brief pause] 29 COMMISSIONER FLEMING: Oh, sorry. I was 30 gazing out at the lovely audience. 31 Madam Chair, I move we approve the 32
SLIDE 15
Commission May 18, 2016
15
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA Applications for Class C Certificates in Items 1 1 through 7. 2 CHAIRMAN HALL: Thank you. You’ve heard 3 Commissioner Fleming’s motion. If there’s no 4 discussion, all in favor, please indicate by saying 5 “aye”? 6 COMMISSIONERS: Aye. 7 CHAIRMAN HALL: “Nay”? 8 [No response] 9 The ayes have it. Motion carries. 10
- DR. SPEARMAN: Item 8, Docket No. 2016-32-T,
11 Leading The Way Transportation is requesting an 12 extension of time. 13 COMMISSIONER HAMILTON: Madam Chair. 14 CHAIRMAN HALL: Commissioner Hamilton. 15 COMMISSIONER HAMILTON: Madam Chair, I would 16 move we grant the request of Leading The Way 17 Transportation, L.L.C., for an Extension of Time, 18 until June 10, 2016, to comply with Commission 19 Rules and Regulations. So moved. 20 CHAIRMAN HALL: Thank you. You’ve heard 21 Commissioner Hamilton’s motion. If there’s no 22 discussion, all in favor, please indicate by saying 23 “aye”? 24 COMMISSIONERS: Aye. 25 CHAIRMAN HALL: “Nay”? 26 [No response] 27 The ayes have it. Motion carries. 28
- DR. SPEARMAN: Item 9, Docket No. 2008-140-A,
29 a request for an extension of time for Jackson 30 Transfer & Storage. 31 COMMISSIONER ELAM: Madam Chair? 32
SLIDE 16
Commission May 18, 2016
16
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA CHAIRMAN HALL: Commissioner Elam. 1 COMMISSIONER ELAM: I move we grant the 2 request of Jackson Transfer & Storage, LLC, for an 3 extension of time, until October 1, 2016, to file 4 its 2015 Annual Report. 5 CHAIRMAN HALL: Thank you. You’ve heard 6 Commissioner Elam’s motion. If there’s no 7 discussion, all in favor, please indicate by saying 8 “aye”? 9 COMMISSIONERS: Aye. 10 CHAIRMAN HALL: “Nay”? 11 [No response] 12 The ayes have it. Motion carries. 13
- DR. SPEARMAN: In Item 10, Docket No. 2015-
14 176-T, Enter-Glory Med Transport Services is 15 requesting its fourth extension of time. 16 COMMISSIONER RANDALL: Madam Chair. 17 CHAIRMAN HALL: Commissioner Randall. 18 COMMISSIONER RANDALL: In Docket 2015-176-T, 19 Enter-Glory Med Transport Services, LLC, has filed 20 for a fourth extension of time until August 17, 21 2016, to comply with Commission Rules and 22
- Regulations. Commission Order No. 2016-110, dated
23 February 10, 2016, granted Enter-Glory Med 24 Transport Services, LLC, a third extension of time 25 to comply with Commission Rules and Regulations. 26 That Order stated that the company must file a new 27 application if it failed to come into compliance by 28 May 17, 2016, if it still desired a Class C (Non- 29 Emergency) Certificate. As of today, May 18, 2016, 30 the company is not in compliance with Commission 31 Rules and Regulations. Therefore, I move that the 32
SLIDE 17
Commission May 18, 2016
17
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA request for a fourth extension of time to comply 1 with Commission Rules and Regulations be denied and 2 the Docket be closed. So moved, Madam Chair. 3 CHAIRMAN HALL: Thank you. You’ve heard 4 Commissioner Randall’s motion. If there’s no 5 discussion, all in favor, please indicate by saying 6 “aye”? 7 COMMISSIONERS: Aye. 8 CHAIRMAN HALL: “Nay”? 9 [No response] 10 The ayes have it. Motion carries. 11
- DR. SPEARMAN: Item 11, Docket No. 2016-147-T,
12 Charles Richard Pecoraro is requesting to amend 13 Application for a name change. 14 COMMISSIONER FLEMING: Madam Chair. 15 CHAIRMAN HALL: Commissioner Fleming. 16 COMMISSIONER FLEMING: In Docket 2016-147-T, I 17 move we grant the request of Charles Richard 18 Pecoraro, d/b/a Cabbz Here, to amend Class C (Taxi) 19 Application to read: Cabital Investments, LLC. 20 CHAIRMAN HALL: Thank you. You’ve heard 21 Commissioner Fleming’s motion. If there’s no 22 discussion, all in favor, please indicate by saying 23 “aye”? 24 COMMISSIONERS: Aye. 25 CHAIRMAN HALL: “Nay”? 26 [No response] 27 The ayes have it. Motion carries. 28
- DR. SPEARMAN: Item 11, Docket No. 2016 — no,
29 excuse me. Item 12, Docket No. 2008-120-T, 30 Vladimir Bromberg, doing business as American Pride 31 Cab, is requesting cancellation of Certificate. 32
SLIDE 18
Commission May 18, 2016
18
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA COMMISSIONER ELAM: Madam Chair? 1 CHAIRMAN HALL: Commissioner Elam. 2 COMMISSIONER ELAM: I move we grant the request 3
- f Vladimir Bromberg, d/b/a American Pride Cab, to
4 cancel Class C (Taxi) Certificate No. 7970-A. 5 CHAIRMAN HALL: Thank you. You’ve heard 6 Commissioner Elam’s motion. If there’s no 7 discussion, all in favor, please indicate by saying 8 “aye”? 9 COMMISSIONERS: Aye. 10 CHAIRMAN HALL: “Nay”? 11 [No response] 12 The ayes have it. Motion carries. 13
- DR. SPEARMAN: Item 13, Docket 2016-17-T
14 Naquan Ramsey, doing business as Glorious Move- 15 In's, is requesting to withdraw his Application. 16 VICE CHAIRMAN WHITFIELD: Madam Chairman. 17 CHAIRMAN HALL: Commissioner Whitfield. 18 VICE CHAIRMAN WHITFIELD: I move that we grant 19 the request of Naquan Ramsey, doing business as 20 Glorious Move-In’s, to withdraw the Application for 21 Class E (Household Goods) Certificate. The hearing 22 in this Docket, scheduled for July 13, 2016, shall 23 be canceled. 24 CHAIRMAN HALL: Thank you. You’ve heard 25 Commissioner Whitfield’s motion. If there’s no 26 discussion, all in favor, please indicate by saying 27 “aye”? 28 COMMISSIONERS: Aye. 29 CHAIRMAN HALL: “Nay”? 30 [No response] 31 The ayes have it. Motion carries. 32
SLIDE 19
Commission May 18, 2016
19
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA
- DR. SPEARMAN: Madam Chair and other
1 Commissioners, this completes the Transportation 2 Agenda. 3 I'd like to call Mr. Butler up, to make the 4 presentation. 5 CHAIRMAN HALL: All right. Thank you. 6 While Mr. Butler is on his way up, I see that 7
- Mr. Henson is back with us. Mr. Henson, we're so
8 glad to have you back. 9 [Applause] 10 [Music; Reference Presentation Slides 1~5] 11
- MR. BUTLER: I just couldn't resist.
12 [Laughter] 13 CHAIRMAN HALL: I loved it. 14 COMMISSIONER RANDALL: I just want to be on 15 record as saying I didn't volunteer. 16
- MR. BUTLER: That's right. That's for the
17 NCIS New Orleans fans. 18 I just want to take a few minutes, 19 Commissioners — Madam Chairman and members of the 20 Commission — to discuss the AED Program here at the 21 Public Service Commission. This all kind of 22 started — as part of my pharmacy training, I was 23 asked to go attend a Red Cross presentation and 24 class on CPR and AED, and I just thought at the 25 time that this might be a good fit here at the 26
- Commission. As you know, in this day and age,
27 you'll see these AED machines in a number of public 28
- places. And the speaker mentioned that it's always
29 good to have these around, in case, with large 30 public groups, because you just never know what 31 might happen. I thought, since we have many public 32
SLIDE 20
Commission May 18, 2016
20
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA hearings here with large numbers of people from 1 time to time, it could be a good fit. 2 [Reference Presentation Slide 6] 3 The real problem we're talking about is sudden 4 cardiac arrest. That's the whole problem we're 5 looking at with these AEDs. 6 I found out in my research that a leading 7 cause of death in the US is sudden cardiac arrest. 8 We're really expecting over 350,000 deaths this 9
- year. And although the average age of people
10 having sudden cardiac arrest is 65, actually, they 11 can happen to anyone, anytime, anywhere, and at any 12
- age. So they can occur in large numbers of the
13 population or a large group. 14 [Reference Presentation Slide 7] 15 Sudden cardiac arrest — now, I might say the 16 term "arrest" is misleading, in a way, because if 17 you look at "arrest" you think the heart is going 18 to stop completely with a word like "arrest." In 19 fact, it's not stopping, necessarily, at all; but a 20 rhythm occurs that will not allow the heart to 21
- pump. As you know, the heart is a fine-tuned
22 machine and with a particular rhythm pattern. And 23 if that rhythm gets disrupted, then the heart just 24 will not pump blood, necessarily. And that's what 25 we're talking about here most of the time. You 26 have to take a look, basically, at that and see 27 that when the heart goes into a fibrillation, or 28 ventricle fibrillation, or ventricular tachycardia, 29 the heart just will not pump. And if this is not 30 addressed pretty quickly, you can see sudden 31 cardiac death. 32
SLIDE 21
Commission May 18, 2016
21
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA The chances of survival can be improved 1 greatly with CPR and use of an AED machine until 2 the emergency personnel arrive. 3 [Reference Presentation Slide 8] 4 Now, I've got to emphasize, in all the 5 training that you see, the first thing they tell 6 you to do before you do anything is to check the 7 patient, but then you have 911 called, or you call 8 911 first thing. Make sure they're on the way. 9 Then you can assume the role that you need to 10 assume, with the patient themselves. And we'll 11 have a demonstration of that in a second. 12 The AED — and this is a picture of the machine 13 — will actually deliver an electric shock through 14 the chest to the heart. The shock can actually 15 interrupt an irregular rhythm and allow a normal 16 heart rhythm to resume, and that's what you're 17 trying to do. So the bottom line is, when one of 18 these cases occurs, you give the CPR, bring out the 19 AED, apply that. The AED will actually diagnose a 20 person to see if they have a rhythm that can be 21 restructured with its shocking power, and it will 22 tell you that. And we will show you that in a 23
- second. It will calculate that.
24 Actually, a person's chance of surviving drops 25 7 to 10 percent for every minute that a normal 26 heartbeat is not restored. If a normal heartbeat 27 is not going on, then various areas of the body 28 aren't getting blood that they need — most notably 29 the brain and other vital organs and whatnot — and 30 for every minute or so that goes by with no 31 pumping, the chance of survival is dropping 7 to 10 32
SLIDE 22
Commission May 18, 2016
22
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA percent. 1 [Reference Presentation Slide 9] 2 So, in any event, we wanted to show you, the 3 Commission now — and I'm pleased to say, in 4 checking with Commission staff management, they 5 were very favorable to the idea, and we were able 6 to obtain two Zoll AED Plus machines. One of them 7 is actually located in the Commission meeting room, 8 and one is located in the hallway outside Daphne 9 Duke's office, the idea being that easy access is 10 the key. You want to have them easily accessible 11 and in a rapid period of time. So we actually have 12 two in boxes, already installed, that you'll see. 13 [Reference Presentation Slide 10] 14
- Okay. In South Carolina, the AEDs are
15 actually governed by the South Carolina Automated 16 External Defibrillation Act, which is a very broad 17 Act that requires a protocol for use of the AED. 18 It has to be developed and then it has to be 19 approved by a health professional. The 20 Commission's protocol was developed with the aid of 21 Nurse Betsy Hossenlopp, who is the South Carolina 22 Senate nurse. I was fortunate to get her. And 23 she's been my muse through this whole thing; she's 24 had 30 years of experience in nursing, and actually 25 teaches Red Cross cases, in these cases. But Betsy 26 helped us develop the protocol. She actually 27 signed off on it and actually had a physician, Dr. 28 Tommy Gibbons, sign off on it, as well. So we had 29 two health professionals signing off on the 30 Commission written procedure. 31 [Reference Presentation Slide 11] 32
SLIDE 23
Commission May 18, 2016
23
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA The Act requires that an agency have 1 individuals trained to use the AEDs, and we've 2 actually had two training courses in CPR and AED 3 here, recently, and they were held at the 4 Commission at the end of April, taught by Nurse 5 Betsy Hossenlopp. She's an approved Red Cross 6 instructor, and I'm also glad to say that the 7 Commission is now an authorized provider of Red 8 Cross instruction. We have a contract with them. 9 So if we have an authorized instructor, someone who 10 is authorized to instruct, they can come over here 11 and provide classes to whoever needs a class, at 12 the Commission. So that's another matter that was 13 accomplished. 14 [Reference Presentation Slide 12] 15
- Okay. Here's a picture — we've got a total of
16 13 Commission staff members that are now qualified 17 and hold Certificates from the Red Cross to operate 18 the AED for a two-year period. And you can see the 19 pictures here. Nurse Betsy is the one leaning 20 down; I'm sorry we don't have a better picture of 21 her, but, again, she's my muse. You can see some 22
- ther staff members. And the lady in the middle,
23 in the white, is Nurse Nancy, who happened to be a 24 friend of Nurse Betsy's and was attending that day, 25 so she helped us out with classes. And on the 26 right, you see Ms. Wheat doing a little bit of 27 practice CPR on the mannequin. 28 So, we have had the two classes, six people 29 each, and me, that makes a total of 13 people. 30 [Reference Presentation Slide 13] 31 So, again, the whole deal is 911 has to be 32
SLIDE 24
Commission May 18, 2016
24
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA called immediately upon the occurrence of a sudden 1 cardiac arrest. 2 Our view is that the Commission responders can 3 perform CPR and employ the AED until emergency 4 responders arrive. 5 And the actual normal time or average time for 6 emergency responders to arrive is something like 8 7 to 12 minutes, so there's a big gap in there. As 8 we said earlier, for every minute that somebody 9 isn't getting attention, they have less of a chance 10
- f being revived. So the trained Commission staff
11 can fill in the gap between the sudden cardiac 12 arrest and the arrival of emergency medical 13
- personnel. So, basically, the staff, the 13
14 trained staff members, do stand ready to provide 15 service to any member of the public or to anyone at 16 the Commission that may need it. 17 And some of the students are present with us 18 today and are sitting here in the audience. I just 19 wanted to recognize them and thank them for taking 20 their time to take this course. I think it would 21 be a great asset to the Commission, and hopefully 22 we can all provide further service to the 23 Commission and to the public through this plan. 24 [Reference Presentation Slide 14] 25 And the only other thing we had was a short 26 video, just to show you how the AED actually works 27 in practice. It's very short. 28 [Reference Video contained at 29 Presentation Slide 15] 30
- MR. BUTLER: And that's it.
31 I just wanted to say, Nurse Betsy has said if 32
SLIDE 25
Commission May 18, 2016
25
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA there's enough interest that she may come back with 1 another class this summer, if there's enough 2
- interest. But at the present time, as I say, we
3 have 13 people and we'll all be glad to help out, 4 if necessary. 5 I might say, there's a Good Samaritan Act that 6 applies to responders under the statute, and the 7 statute basically says that, if you use it 8 according to your training and aren't guilty of 9 gross negligence, then you're basically immune from 10 civil liability. Of course, that doesn't say 11 somebody can't file a lawsuit out there, but, you 12 know, if the unthinkable happens, as I understand 13 it, there are some insurance coverages that apply 14 here; however, the users are supposed to be immune 15 from civil liability when using the machine 16 properly and not committing gross negligence. Now, 17 the only example that I've seen in the literature, 18 so far, of "gross negligence" is if somebody just 19 flat fails to call 911 at the beginning, they 20 consider that to be a grossly negligent act, so 21 that could cause problems. But other than that, 22 the Good Samaritan Act should be helpful for the 23 responders on this. 24 So that completes our presentation this 25
- afternoon. I'd be glad to answer or try to answer
26 any questions you might have. 27 CHAIRMAN HALL: Thank you, so much, David. 28 Commissioners, any questions? 29 [No response] 30
- Okay. David, thank you.
31 David is an amazing lawyer. He works so hard 32
SLIDE 26
Commission May 18, 2016
26
Meeting #16-16
PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA for us, and he is tremendously talented. As he 1 said, he's also a pharmacist, so he's an 2
- verachiever.
3 We cannot thank you enough for the initiative 4 and leadership you've taken in moving forward with 5 this initiative. You are right; we have hearings 6 sometimes with 300 people. I think that now that 7 we have this precaution, we are very much indebted 8 to you. So if you'll just stand right there. 9
- MR. BUTLER: Okay.
10 COMMISSIONER RANDALL: I think you should say 11 "clear" before you hand it to him. 12 [Laughter] 13
- MR. BUTLER: This is a test.
14 CHAIRMAN HALL: He took the only Lavalier mic. 15 So this is: David Butler, in recognition of his 16 leadership and devotion to the creation of the 17 Public Service Commission's Automated External 18 Defibrillation Program in 2016. 19 So thank you so much [indicating]. 20
- MR. BUTLER: [Indicating.] Thank you, very
21
- much. I appreciate it. Thank you, ma'am.