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South Dakota Public Utilities Commission Meeting
Tuesday, November 4, 2003 at 9:30 A.M.
State Capitol Building, Room 413
Pierre, South Dakota
NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 by 5:00 p.m. on November 3, 2003.
NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.
AGENDA OF THE COMMISSION MEETING
1. Approval of the Minutes of the Commission Meeting Held on October 16, 2003. (Staff: Tina Douglas.)
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff.)
2. CE03-003 In the Matter of the Complaint filed by John Reints, Rapid City, South Dakota, against Black Hills Power Regarding its Flat Monthly Charge. (Staff Analyst: Jim Mehlhaff, Staff Attorney: Kelly Frazier)
On October 21, 2003, the Commission received a complaint filed by John Reints, Rapid City, South Dakota, against Black Hills Power Regarding its Flat Monthly Charge. The Complainant is requesting that the Commission prevent Black Hills Power from charging its minimum flat monthly fee for service. On October 23, 2003, the Commission received a "Petition To Amend Complaint To Add Punitive Damages".
TODAY, shall the Commission grant Complainants Petition To Amend To Add Punitive Damages?
1. EL03-024 In the Matter of the Petition of Otter Tail Power Company, a Division of Otter Tail Corporation, to Revise its Fuel Adjustment Clause Tariff to Accommodate Purchased Energy from Renewable Resources. (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)
On September 25, 2003, Otter Tail Power Company filed a petition for approval to revise its Fuel Adjustment Clause Tariff. The revisions are requested to permit the inclusion of purchase power costs related to renewable energy purchases. On April 1, 2003, Otter Tail entered into a Power Purchase Agreement with FPL Energy to purchase the electric energy generated by 14 wind turbines with an approximate output of 21 megawatts. Otter Tail believes that approval of the inclusion of the costs of energy purchased from renewable sources is appropriate because when it is competitively priced, renewable energy is an appropriate addition to Otter Tail's resource mix.
TODAY, shall the Commission approve the proposed Fuel Adjustment Clause Tariff Revisions?
Interstate Telecommunications Cooperative, Inc. (Interstate) filed a switched access cost study developing a revenue requirement and minutes of use. Interstate does not currently have its own access tariff but is seeking membership of the Local Exchange Carrier Association. It is Interstate's desire to be part of the LECA tariff.
TODAY, shall the Commission establish a Switched Access Revenue Requirement for Interstate Telecommunications Cooperative, Inc.?
On July 1, 2002, Dakota Community Telephone, Irene, South Dakota, filed a switched access cost study pursuant to the rules established by the Commission. On October 15, 2003, DTG filed a Motion to Withdraw Cost Study Filing and a Motion for Waiver of Filing Requirement.
TODAY, shall the Commission grant the Motion to Withdraw Cost Study Filing? AND shall the Commission grant the Motion for a Waiver of Filing Requirement?
On July 1, 2002, the Local Exchange Carriers Association (LECA) filed revised switched access tariff pages. The purpose of these revisions is to implement changes in rates as necessitated by revisions in member companies' revenue requirements and access minutes of use.
TODAY, shall the Commission establish Switched Access Rates for the Local Exchange Carriers Association?
4. TC03-067 In the Matter of an Order to Show Cause as to why OCMC, Inc. should not be found to be in Violation of the Laws and Regulations of the State of South Dakota. (Staff Attorney: Kelly Frazier)
On March 28, 2003, staff filed a motion requesting that the Commission issue an Order To Show Cause to OCMC, Inc. d/b/a One Call Communications, Inc., OPTICOM, AdvantTel, LiveTel, SuperTel, RegionalTel, and 1-800-MAX-SAVE (Opticom). Staff requested that the Commission issue an Order To Show Cause to hear arguments from staff and the company on whether the Commission shall commence proceedings in accordance with ARSD 20:10:24:04.04. Staff is seeking a suspension or revocation of the certificate of authority transferred to Opticom in TC02-046. According to the motion, Opticom, inter alia, has failed to provide consumers the ability to determine rates in advance of accepting collect phone calls in violation of its tariff and failed to update its tariff pursuant to a Commission Order. The motion also alleges that Opticom, by using numbers such as 1-800-CALL-AAT and 1-800-COOLECT, is attempting to take advantage of mistakes by consumers attempting to use other collect phone call services and is billing rates that could exceed $30 for a one-minute call. At the April 15, 2003, meeting the Commission considered the motion and voted unanimously to issue an order to show cause and to open a docket for consideration of the above issues
TODAY, how shall the Commission proceed?
On August 21, 2003, Kadoka Telephone Company, Kadoka, South Dakota, filed revised Switched Access Tariff rates with a proposed effective date of October 1, 2003. In accordance with ARSD 20:10:27:12, the switched access rates are the average of all cost companies (for the year ended December 31, 2001) in South Dakota excluding Qwest Corporation.
TODAY, shall the Commission approve Switched Access Rates for Kadoka Telephone Company?
6. TC03-175 In the Matter of the Filing by Level 3 Communications, LLC for Approval of its Intrastate Switched Access Tariff and for an Exemption from Developing Company Specific Cost-Based Switched Access Rates. (Staff Analyst: Keith Senger, Staff Attorney: Kelly Frazier)
On September 5, 2003, Level 3 Communications, LLC filed a petition asking for exemption from developing company-specific cost-based switched access rates. The Applicant requests waivers of ARSD 20:10:27:07 and 20:10:27:12. Applicant intends to mirror the switched access tariffed rates of Qwest.
TODAY, shall the Commission approve the Intrastate Switched Access Tariff and Exemption from Developing Company Specific Cost-Based Switched Access Rates for Level 3?
7. TC03-181 In the Matter of the Implementation of the Federal Communications Commission's Triennial Review Order Regarding Unbundling Obligations. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
On August 21, 2003, the Federal Communications Commission (FCC) released its Triennial Review Order. Memorandum Opinion and Order, Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers, CC Docket Nos. 01-338, 96-98, 98-147. In its Triennial Review Order, the FCC directed the state commissions to make certain determinations regarding the unbundling obligations of incumbent local exchange carriers. The FCC required the state commissions to make these determinations within nine months from the effective date of the Order. On September 29, 2003, the Commission opened a docket requesting that any person or entity that intends to present evidence challenging the FCC's findings of impairment regarding access to loops, dedicated transport, or local circuit switching for mass market customers shall file a notice of such intent on or before October 10, 2003. The notice shall identify each network element that the person or entity intends to challenge regarding the FCC's findings of impairment. In addition, the Commission requested written comments regarding recommendations on how the Commission should proceed. On October 21, 2003, the Commission issued an Order for and Notice of Deadline for Filing Petitions to Intervene; Order for and Notice of Hearing Dates; Order for Detailed Statement; and Order Requesting Comments.
TODAY, shall the Commission grant intervention to any who have filed? AND, how shall the Commission proceed?
On September 29, 2003, the Commission received a Filing of Toll and Local Billing Records Terms and Conditions Amendment to the Interconnection Agreement between PrairieWave Telecommunications, Inc. and Qwest Corporation). According to the parties, the amendment is a negotiated amendment to the agreement made between the parties in Docket TC97-126, which was approved by the Commission on October 21, 1998. The amendment is made in order to add the Toll and Local Billing Records Terms and Conditions as set forth in Attachment 1 and Exhibit A, attached to the filing.
TODAY, shall the Commission approve the Amended Interconnection Agreement?
On October 1, 2003, Qwest Corporation filed an Updated Exhibit B to the Statement of Generally Available Terms and Conditions (SGAT). Qwest modified Exhibit B to include revised Performance Indicator Definition (PID) OP-5, New Service Quality. The modified PID was unanimously adopted by the Long Term PID Administration (LTPA) participants on August 6, 2003. Qwest requests that the Commission either approve the amended Exhibit B effective November 1, 2003, as agreed by the LTPA, or otherwise allow it to go into effect in accordance with 47 U.S.C. Section 252(f)(3). Qwest further requests that the Commission deem this revised Exhibit B to modify the SGAT and existing interconnection agreements that currently contain the PIDs as an exhibit. On October 3, 2003, Qwest Corporation filed an errata to the above filing. In its filing, due to a computer error, Qwest inadvertently left out three (3) pages of the OP-5 PID. With this filing, Qwest is providing the OP-5 PID in its entirety. Additionally, with this filing, Qwest is modifying the existing OP-3 PID, Installation Commitments Met, to reflect that there is no longer a different standard for the line-sharing measurement in Colorado.
TODAY, the Commission requests input from interested parties on Qwest's request that the Commission deem this revised Exhibit B to modify the SGAT and existing interconnection agreements that currently contain the PIDs as an exhibit. AND how shall the Commission proceed?
1. The next regularly scheduled Commission meeting will be held December 2, 2003, at 9:30 a.m., in Room 412, at Pierre, South Dakota.
2. The PUC offices will be closed November 11, 2003, for Veterans' Day.
3. Commission meetings are scheduled for December 16, 2003 and January 6, 2004.
Heather K. Forney
Deputy Executive Director
October 28, 2003