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South Dakota Public Utilities Commission
For the Period February 24, 2011, through March 2, 2011

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


EL11-004     In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Tariff Revisions 

On February 25, 2011, the Commission received an application by NorthWestern Corporation dba NorthWestern Energy for approval to revise its Rate No. 73 – Small Qualifying Facility Rider (Occasional delivery energy service) and Rate No. 74 – Small Qualifying Facility Rider (Time of delivery energy service) tariff rates to reflect prices based on 2010 data. The update reflects the Company's 2010 avoided cost of fuel and purchased power. The Company has requested an effective date of May 1, 2011, for the proposed modifications to the rate schedules. 

Staff Analyst: Brittany Mehlhaff
Staff Attorney: Ryan Soye
Date Filed: 02/25/11
Intervention Deadline: 03/18/11 


GW11-001     In the Matter of the Settlement Stipulation between South Dakota Wheat Growers and PUC Staff        

On February 23, 2011, a PUC Warehouse examiner discovered the South Dakota Wheat Growers (SDWG) facility in Andover, South Dakota, was operating without first obtaining the required grain buyer bond and grain buyer license. Upon further investigation it was learned that the facility has been in operation since October 14, 2010, in violation of SDCL 49-45-1 and SDCL 49-45-9. Staff has been in contact with the management of SDWG and the parties have reached a settlement stipulation.

Staff Analyst: Jim Mehlhaff
Staff Attorney: Kara Semmler
Date Filed: 02/25/11


TC11-008     In the Matter of the Application of GC Pivotal, LLC for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota 

On February 25, 2011, GC Pivotal, LLC (Pivotal) filed an application for a certificate of authority to provide local and long distance telecommunications service in South Dakota. Pivotal is a newly formed operating company that was formed to facilitate the ability of its indirect parent, FFN Investments, LLC (FFN), to acquire the telecommunications assets currently held by Global Capacity Group (GCG) and Global Capacity Direct, LLC (f/k/a Vanco USA Direct, LLC) (GCD) and then operate those assets. FFN is the direct 100% parent of Pivotal Global Capacity, LLC (Pivotal Holdco), which in turn owns 100% of Pivotal. FFN is a management company owned and controlled by a series of trusts formed for the benefit of F. Francis Najafi and his family members. Global Capacity Group, LLC and Vanco Direct USA, LLC are currently certificated by the SDPUC to provide local and long distance service in South Dakota. Pivotal intends to offer resold data circuits by utilizing the facilities of incumbent local exchange carriers and other facilities-based carriers. No voice services will be provided. Pivotal intends to provide interexchange services on a statewide basis, and local exchange services in areas that are not eligible for a small or rural carrier exemption pursuant to Section 251(f)(1) of the Federal Act. 

Staff Analyst: Dave Jacobson
Staff Attorney: Karen Cremer
Date Filed: 02/25/11
Intervention Deadline: 03/18/11 

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