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South Dakota Public Utilities Commission

For the Period of January 27, 2005, through February 2, 2005

Copies of these items may be found on the PUC Web site at


NG05-001    In the Matter of Abandonment of Facilities by Xcel Energy and Assumption of Facilities and Provision of Service by MidAmerican Energy Company.

Application of MidAmerican Energy to assume ownership of pipeline facilities currently owned by Xcel Energy and assume provision of service to customers served by those facilities. In Docket NG97-021, the Commission authorized Xcel Energy to operate an intrastate natural gas pipeline in South Dakota and approved rates, as well as terms and conditions for the provision of transportation service. Xcel currently serves five customers on these pipeline facilities. Xcel now wishes to abandon these facilities and MidAmerican wishes to assume ownership and operation of these facilities resulting in uninterrupted service to the five existing customers. Xcel states that because no consideration is being received for this transaction, Commission approval is not required pursuant to SDCL 49 34A 35. However, pursuant to ARSD 20:10:13:38, Xcel is requesting to withdraw its tariff effective with the execution of the Abandonment and Assumption Agreement filed by Xcel with the Commission on December 17, 2004. Pursuant to ARSD 20:10:13:29, MidAmerican is requesting in this filing to initially adopt the currently effective rates of Xcel. MidAmerican is also requesting to immediately change the terms and conditions for service to currently effective MidAmerican tariffs, which requires approval pursuant to ARSD 20:10:13:29. MidAmerican is also requesting approval of this application with less than 30 days notice to the public pursuant to ARSD 20:10:13:20 given that MidAmerican has been in contact with the affected customers regarding these changes for considerably longer than 30 days.

Staff Analyst: Dave Jacobson
Staff Attorney: Karen E. Cremer
Date Filed: 01/31/05
Intervention Deadline: 02/07/05


TC05-017    In the Matter of the Request for a Confidentiality Determination in Accordance with ARSD 20:10:01:42.

On January 18, 2005, the Commission received a federal subpoena from the South Dakota Local Exchange Carriers Association for production of documents in regards to S&S Communications. Many of the requested documents were either filed as confidential or were determined during the hearing in TC02-166 to warrant confidential treatment and have been held confidential by the Commission. On January 31, 2005, Staff filed a Motion for Order Permitting Release of Information Filed as Confidential requesting that the Commission make a determination that the information should no longer be treated as confidential and should be released to LECA to comply with the federal subpoena.

Staff Analyst: Keith Senger
Staff Attorneys: John Smith/Sara Greff
Date Filed: 01/18/05
Intervention Deadline: 02/07/05

TC05-018    In the Matter of the Filing for Approval of a Resale Agreement between Qwest Corporation and eAcceleration Corp.

On February 2, 2005, the Commission received a filing for the approval of a Resale Agreement between Qwest Corporation (Qwest) and eAcceleration Corp. (eAcceleration). According to the filing, the agreement sets forth the terms, conditions and pricing under which Qwest will offer and provide to eAcceleration ancillary services and telecommunications services available for resale within the geographical areas in which both parties are providing local exchange service at that time, and for which Qwest is the incumbent local exchange carrier within the state of South Dakota for purposes of providing local telecommunications services. Any party wishing to comment on the agreement may do so by filing written comments with the Commission and the parties to the agreement no later than February 22, 2005. Parties to the agreement may file written responses to the comments no later than twenty days after the service of the initial comments.

Staff Attorney: Sara B. Greff
Date Filed: 02/02/05
Initial Comments Due: 02/22/05

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