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South Dakota Public Utilities Commission Meeting


Tuesday, August 9, 2005, at 10:30 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 August 8, 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

Administration

1. Approval of the Minutes of the Commission Meeting Held on July 12, 2005. (Staff: Tina Douglas.)

Consumer Issues

1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)

Electricity

1. EL05-022 In the Matter of the Application by Otter Tail Power Company on behalf of Big Stone II Co-Owners for an Energy Conversion Facility Permit for the Construction of the Big Stone II Project. (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)

On July 21, 2005, the Commission received an Application for a Construction Permit for an Energy Conversion Facility from Otter Tail Power Company on behalf of the Project co-owners; Central Minnesota Municipal Power Agency; Great River Energy; Heartland Consumers Power District; Montana Dakota Utilities Co., a Division of MDU Resources Group, Inc.; Otter Tail Corporation d/b/a Otter Tail Power Company; Southern Minnesota Municipal Power Agency; and Western Minnesota Municipal Power Agency. The proposed Energy Conversion Facility is a nominal 600 MW coal-fired electric generating facility and associated facilities, which the Project co-owners have named Big Stone II, to be located on an industrial site adjacent to the existing Big Stone Plant unit I in Grant County, South Dakota.

TODAY, shall the Commission assess a filing fee not to exceed $700,000 with an initial deposit of $8,000?

Natural Gas

1. NG05-008 In the Matter of the Application of NorthWestern Corporation d/b/a NorthWestern Energy for Approval of Tariff Revisions. (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)

Application by NorthWestern Energy for approval of a new service offering that would allow customers to lock-in their winter natural gas supply price. The service would be available to commercial and industrial customers including schools and hospitals which have requested fixed gas supply prices during the heating season. Prices would be locked-in from November through April. The filing requested approval with less than 30 days notice.

TODAY, shall the Commission Approve the Tariff Revisions with Less than 30 Days Notice?

Telecommunications

1. TC05-085 In the Matter of the Application of 800 Response Information Services LLC for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota. (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)

On June 23, 2005, 800 Response Information Services LLC filed an application seeking a Certificate of Authority to provide interexchange services throughout South Dakota. The Applicant intends to offer resold inbound Toll-Free "800" services, along with enhanced services such as real time call detail report via the Internet to non-residential customers.

TODAY, shall the Commission Grant the Certificate of Authority to 800 Response Information Services LLC?

2. In the Matter of Approving Amendments to Agreements in TC05-102 and TC05-103.

TC05-102 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and AT&T Communications of the Midwest, Inc. (Staff Attorney: Sara Greff)

On July 14, 2005, the Commission received a filing for approval of a Collocation Joint Inventory Visit Amendment No. 3 to the Interconnection Agreement between Qwest Corporation and AT&T Communications of the Midwest, Inc. According to the parties, this Amendment revises the Interconnection Agreement between the parties, which was approved by the Commission on May 13, 2004, in Docket TC04-080.

TC05-103 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and VCI Company. (Staff Attorney: Sara Greff)

On July 14, 2005, the Commission received a filing for approval of a Triennial Review Order and Triennial Review Remand Order Amendment to the Interconnection Agreement between Qwest Corporation and VCI Company a/k/a Vilaire Communications. According to the parties, this Amendment revises the Interconnection Agreement which was approved by the Commission on April 7, 2005, in Docket TC05-032.

TODAY, shall the Commission Approve the Amendments to the Agreements?

3. In the Matter of Approving Amendments to Agreements in TC05-104, TC05-105, and TC05-106.

TC05-104 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Prime Time Ventures, LLC. (Staff Attorney: Sara Greff)

On July 14, 2005, the Commission received a filing for approval of a Line Splitting Amendment to the Interconnection Agreement between Qwest Corporation and Prime Time Ventures, LLC. According to the parties, this Amendment adds terms, conditions and rates for Line Splitting.

TC05-105 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Prime Time Ventures, LLC. (Staff Attorney: Sara Greff)

On July 14, 2005, the Commission received a filing for approval of a Triennial Review Order and Triennial Review Remand Order Amendment to the Interconnection Agreement between Qwest Corporation and Prime Time Ventures, LLC. According to the parties, this Amendment incorporates the Triennial Review Order and Triennial Review Remand Order into the already existing Interconnection Agreement.

TC05-106 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Northstar Telecom, Inc. (Staff Attorney: Sara Greff)

On July 14, 2005, the Commission received a filing for approval of a Triennial Review Order and Triennial Review Remand Order Amendment to the Interconnection Agreement between Qwest Corporation and Northstar Telecom, Inc. a wholly owned subsidiary of Midwest Marketing Group, Inc. According to the parties, this Amendment incorporates the Triennial Review Order and Triennial Review Remand Order into the already existing Interconnection Agreement.

TODAY, shall the Commission Disapprove the Amendments to the Agreements?

3. TC05-107 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 Ernest Communications, Inc. (Staff Attorney: Sara Greff)

On July 14, 2005, the Commission received a filing for approval of an Interconnection Agreement between Qwest Corporation and Ernest Communications, Inc. According to the parties, this Agreement sets up the terms and conditions for interconnection, unbundled network elements, ancillary services and resale of telecommunications services.

TODAY, shall the Commission Disapprove the Interconnection Agreement?

4. TC05-109 In the Matter of the Establishment of Switched Access Revenue Requirement for West River Telecommunications Cooperative. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)

On July 21, 2005, West River Telecommunications Cooperative, Hazen, North Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carrier Association. In accordance with ARSD 20:10:27:10, West River Telecommunications Cooperative requests that the Commission allow the use of GVNW's cost study model as opposed to the Commission model for determining West River Telecommunications Cooperative's revenue requirement.

TODAY, shall the Commission Assess a Filing Fee Not to Exceed $100,000 with an Initial Deposit of $1,000? AND, shall the Commission Allow the Use of the GVNW Cost Study Model?

5. TC05-110 In the Matter of the Request of Heartland Telecommunications Company of Iowa d/b/a Hickory Tech Corporation for Certification Regarding its Use of Federal Universal Service Support. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)

On July 25, 2005, Heartland Telecommunications Company of Iowa d/b/a Hickory Tech (Hickory Tech) provided information constituting Hickory Tech's plan for the use of its federal universal service support and to otherwise verify that Hickory Tech will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.

TC05-111 In the Matter of the Request of Kennebec Telephone Company for Certification Regarding its Use of Federal Universal Service Support. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)

On July 26, 2005, Kennebec Telephone Company (Kennebec) provided information constituting Kennebec's plan for the use of its federal universal service support and to otherwise verify that Kennebec will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.

TODAY, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal services support as proposed in each of the above dockets?

Announcements

1. The next regularly scheduled Commission meeting will be held September 13, 2005, at 2:30 p.m. at the Swiftel Center in Brookings, South Dakota.

2. Commission meetings are scheduled for September 27 and October 4, 2005.

3. Federal Communications Commission Commissioner Jonathan Adelstein will be joining the South Dakota Commission on its "Broadband Road Trip" August 23-25, 2005. The event will spotlight various businesses in South Dakota that are using the latest telecommunications technology to enhance their business. Stops will include Sioux Falls, Mitchell, Groton, Kennebec, Pierre, Cheyenne River Indian Reservation, Philip and Deadwood.

4. A hearing in docket CT05-001 has been scheduled to begin at 10:00 a.m. on August 30, 2005, and continue at 8:30 a.m. August 31, 2005, in Room 412, State Capitol, Pierre, South Dakota.

5. The South Dakota Public Utilities Commission and the U.S. Department of Energy are partnering together to host a Regional Wind Conference, September 11-13, 2005, at the Swiftel Center, Brookings, S.D.

6. A public meeting in docket EL05-022 will be held at 7:00 p.m. on September 13, 2005, at the Lantern Inn in Milbank, South Dakota.

______________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
August 2, 2005