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South Dakota Public Utilities Commission Meeting
Tuesday, May 24, 2005 at 9:30 A.M.
State Capitol Building, Room 412
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 May 23, 2005.
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 Meetings Held on May 10, 2005. (Staff: Tina Douglas.)
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff)
2. CT05-001 In the Matter of the Complaint filed by WWC License LLC against Golden West Telecommunications Cooperative, Inc., Vivian Telephone Company, Sioux Valley Telephone Company, Armour Independent Telephone Company, Bridgewater-Canistota Independent Telephone Company and Kadoka Telephone Company Regarding Intercarrier Billings. (Staff Analyst: Harlan Best, Staff Attorney: Rolayne Ailts Wiest)
On February 16, 2005, WWC License LLC (WWC) filed a complaint against Golden West Telecommunications Cooperative, Inc. (Golden West), and Vivian Telephone Company, Sioux Valley Telephone Company, Union Telephone Company, Armour Independent Telephone Company, Bridgewater-Canistota Telephone Company and Kadoka Telephone Company (affiliated companies). WWC is seeking reimbursement for alleged overpayments it made to Golden West and its affiliated companies. WWC requests that the Commission order Golden West and its affiliated companies to repay the amounts overpaid, to award double the damages pursuant to SDCL 49-31-14.1, to reimburse WWC's attorney's fees pursuant to SDCL 49-13-14.1 and to grant WWC such other and further relief that may be proper or equitable. On March 8, 2005, Golden West filed an Answer and Counterclaim. On March 29, 2005, WWC filed an Answer to Golden West Companies' Counterclaim. Both parties agreed that Kadoka Telephone Company should not be included in the complaint on March 29, 2005. WWC filed a Motion for Partial Summary Judgment and a Memorandum in Support of Motion for Partial Summary Judgment on April 6, 2005.
TODAY, shall the Commission grant the Motion for Partial Summary Judgment?
Filing by NorthWestern Energy for approval of revisions to electric tariff schedules Option N and Option L. The proposed tariff revisions would allow NorthWestern Energy, without prior Commission approval, to discount energy charges applicable to new customers, receiving service at new locations, with a demand of 2 megawatts or more in order to offer competitive rates.
TODAY, shall the Commission Approve the Tariff Revisions?
Application by Otter Tail Power Company for approval to revise its tariffed Summary List of Contracts with Deviations. The existing contract with the Town of Astoria will expire on June 1, 2005. Otter Tail states the new agreement does not contain any deviations from Otter Tail's currently filed tariff and therefore requests that reference to a contract with the Town of Astoria be removed from the Summary List of Contracts with Deviations.
TODAY, shall the Commission Approve the Tariff Revisions?
3. EL05-016 In the Matter of the Filing by Otter Tail Corporation d/b/a Otter Tail Power Company for Approval of Revisions of its Fuel Adjustment Clause Calculation and Tariff. (Staff Analyst: Dave Jacobson, Staff Attorney: Sara Greff)
Application by Otter Tail Power Company for approval of revisions to its Fuel Adjustment Clause to change from a mid-month application to a calendar month application. The application also requests that Otter Tail's Fuel Clause calculation be amended to correct a mismatch of volumes used for calculating base cost recoveries vs. Fuel Clause recoveries.
TODAY, shall the Commission Approve the Revisions to the Fuel Adjustment Clause Calculation and Tariff?
1. TC05-001 In the Matter of the Application of Phone1, Inc. for a Certificate of Authority to Provide Alternative Operator Services in South Dakota. (Staff Analyst: Keith Senger, Staff Attorney: Sara Greff)
On January 13, 2005, Phone1, Inc. filed an application seeking a Certificate of Authority to provide interexchange services throughout South Dakota. The Applicant intends to provide operator assisted services to call aggregator locations.
TODAY, shall the Commission Grant the Certificate of Authority?
On February 22, 2005, the Commission received a filing for the approval of Qwest's Master Services Agreement. Qwest Corporation and Vycera Communications have executed a commercial agreement related to the provisions of switching and shared transport. The Master Services Agreement is being filed in compliance with the Commission's Order dated October 29, 2004, in Docket TC04 144. In its cover letter Qwest stated that, "Qwest has disputed and will continue to dispute, that the (Master Services) Agreement and similar commercial arrangements between Qwest and CLECs are ICAs that must be filed with the Commission for approval pursuant to Section 252 of the Act. Notwithstanding this position, and without waiving any of its rights or arguments on these issues, Qwest is filing the Agreement as set forth above. Qwest is making the filing solely to avoid further controversy or disputes with the Commission regarding the appropriate legal status of the Agreement. . . ."
TODAY, shall the Commission Disapprove the Master Services Agreement?
3. TC05-029 In the Matter of the Filing for Approval of Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services and Resale of Telecommunications Services between Qwest Corporation and Vycera Communications, Inc. (Staff Attorney: Sara Greff)
On February 25, 2005, the Commission received a filing for approval of Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services and Resale of Telecommunications Services between Qwest Corporation and Vycera Communications, Inc. According to the parties, the Agreement "sets forth the terms, conditions and pricing under which Qwest will provide to CLEC network Interconnection, access to Unbundled Network Elements, ancillary services, and Telecommunications Services. . ." to Vycera Communications, Inc.
TODAY, shall the Commission Disapprove the Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services and Resale of Telecommunications Services?
4. TC05-053 In the Matter of the Application of Global Tel*Link Corporation for a Certificate of Authority to Provide Payphone, Operator Services and Interexchange Telecommunications Services in South Dakota (Staff Analyst: Keith Senger, Staff Attorney: Sara Greff)
On March 18, 2005, Global Tel*Link Corporation filed an application seeking a Certificate of Authority to provide interexchange and operator services throughout South Dakota. The Applicant intends to offer pay telephone services at public and correctional facility locations.
TODAY, shall the Commission Grant a Certificate of Authority to Global Tel*Link Corporation?
5. TC05-057 In the Matter of the Petition of McLeodUSA Telecommunications Services, Inc. for Enforcement of Interconnection Agreement with Qwest Corporation. (Staff Analyst: Harlan Best, Staff Attorney: Rolayne Wiest)
On March 30, 2005, McLeodUSA Telecommunications Services, Inc. (McLeodUSA) filed a petition for emergency relief. McLeodUSA is seeking relief in a dispute between McLeodUSA and Qwest Corporation (Qwest) over Qwest's right, under the interconnection agreement between McLeodUSA and Qwest and approved by this Commission, to demand a security deposit from McLeodUSA for services provided under the agreement, and to discontinue services to McLeodUSA should McLeodUSA not comply with Qwest's demand by 5 pm Mountain Time on April 1, 2005. McLeodUSA asks the Commission to consider the McLeodUSA Petition on an emergency basis, and to rule that Qwest may not demand a security deposit from McLeodUSA at this time. McLeodUSA further requests that the Commission order that in the event of a default under the Interconnection Agreement, Qwest must follow the dispute resolution provisions in the Interconnection Agreement and may not "suspend order activity," "disconnect services," or terminate the Agreement until those dispute resolution procedures have been completed. The Commission issued an Order Denying Motion for Emergency Relief and Requiring Notice on April 1, 2005. Qwest filed a Motion to Dismiss on April 18, 2005 and an Answer on April 19, 2005. On April 25, 2005, Qwest filed a Motion to Supplement Record. A joint Stipulation for Dismissal was filed on May 13, 2005.
TODAY, shall the Commission Grant the Stipulation for Dismissal?
6. TC05-059 In the Matter of the Application of Pacific Centrex Services, Inc. for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota. (Staff Analyst: Michele Farris, Staff Attorney: Sara Greff)
On April 21, 2005, Pacific Centrex Services, Inc. filed an application for commission approval for a Certificate of Authority to provide interexchange telecommunications services and local exchange services in South Dakota. The applicant intends to offer resold intrastate telecommunications services including MTS, in-WATS, out-WATS, and calling card services. The applicant also intends to offer resold local exchange services in the existing service areas of Qwest and any other relevant carriers. The applicant intends to provide basic residential exchange service, including custom and class features, adjunct provided features (voice messaging etc.), and residential ancillary services (911, directory listing, and directory assistance, etc.). The South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene on May 6, 2005.
TODAY, shall the Commission Grant Intervention to the South Dakota Telecommunications Association?
1. Establishment of the Gross Receipts Tax levy for the 2006 Fiscal Year (Deputy Executive Director: Heather Forney)
SDCL Chapter 49-1A establishes the South Dakota Public Utilities Commission Gross Receipts Tax Fund. This Fund is financed by assessing a tax on the annual intrastate gross receipts received by a utility. The Fund is used by the Commission to defray regulatory expenses related to the regulation of telecommunications, electricity and natural gas. On April 1st of each year all utilities and telecommunications companies doing business in South Dakota shall file with the Commission, on forms provided by the Commission, the amount of its gross receipts derived from customers within South Dakota during the preceding calendar year pursuant to SDCL 49-1A-4. The report shall be sworn to and verified by an officer of the company. On May 1st of each year, the Commission shall, by order, establish the rate and assess the tax authorized in SDCL 49-1A-3 which, together with any funds remaining from the current fiscal year and the two hundred fifty dollar minimum gross receipt tax, will fund the Commission's budget for the next fiscal year and provide a contingency reserve in an amount not to exceed the prior year's budget. In accordance with SDCL 49-1A-5, the tax is due and payable on July 15th of each year.
TODAY, shall the Commission establish the rate and assess the Gross Receipts Tax as authorized in SDCL49-1A-3?
1. The next regularly scheduled Commission meeting will be held June 14, 2005, at 10:30 a.m. in Room 412, at Pierre, South Dakota.
2. Commission meetings are scheduled for June 28 and July 12, 2005.
3. The PUC office will be closed May 30, 2005, in observance of Memorial Day.
4. Commissioners and staff will be attending the Mid-America Regulatory Conference June 18 - 22, 2005, in Little Rock, Arkansas.
5. The Commission has scheduled an instructional presentation on regional transmission organization entitled "RTO-101" to begin June 28, 2005 from 1:30 to 5:00 p.m. and continuing on June 29, 2005 from 9:00 a.m. until 3:00 p.m. CST in Room 412, State Capitol, Pierre, South Dakota.
6. The PUC office will be closed July 4, 2005, in observance of Independence Day.
7. Commissioners and staff will be attending the SDREA Legal Seminar July 7 - 8, 2005, in Oacoma, South Dakota.
Heather K. Forney
Deputy Executive Director
May 17, 2005