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South Dakota Public Utilities Commission Meeting
Tuesday, January 17, 2006, at 1:30 P.M.
State Capitol Building, Room 468
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 January 16, 2006. The lines are limited and are given out on first come/first serve basis. Ultimately, if you wish to participate in the Commission Meeting and a line is not available you may have to appear in person.
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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 COMMISSION MEETING
1. Approval of the Minutes of the Commission Meetings Held on December 6 and December 20, 2005. (Staff: Tina Douglas.)
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
1. 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). On March 8, 2005, Golden West filed an Answer and Counterclaim. The procedural history of the parties' numerous motions, responses thereto and Commission's decisions thereon is set forth in the Commission's order of August 26, 2005. On September 7, 2005, WWC filed an Amended Complaint. The Amended Complaint requests a damages order against Golden West and its affiliates in the total amount of $935,974.13 for overpayments, transiting charges and InterMTA charges billed at intrastate rates, plus interest from June 1, 2005, less credits since June 1, 2005, double damages and attorney fees pursuant to SDCL 49-13-14.1. On September 8, 2005, the Commission issued its Order Setting Procedural Schedule. Golden West filed an Amended Answer and Amended Counterclaim on September 15, 2005. The Amended Counterclaim requests a damages order in favor of Golden West and against WWC for underpayment as a result of the improper and unadjusted InterMTA Factor, interest on all amounts found to be due and costs, disbursements and attorney's fees. The South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene on September 20, 2005. Intervention was granted to SDTA at the October 4, 2005, commission meeting. On January 6, 2006, WWC filed a Motion for Partial Summary Judgment. The Golden West Companies and SDTA filed a Joint Motion in Limine on January 6, 2006. On January 9, 2006, WWC filed a Motion to Compel Production of Discovery Responses.
TODAY, shall the Commission Grant the Motion for Partial Summary Judgment? AND, shall the Commission Grant the Motion in Limine? AND, shall the Commission Grant the Motion to Compel Production of Discovery Responses?
1. EL05-018 In the Matter of the Request by Otter Tail Power Company for Approval of an Affiliated Wind Power Purchase Agreement and of Change in Fuel Adjustment Clause Calculation. (Staff Analysts: Keith Senger/Dave Jacobson, Staff Attorneys: Karen Cremer/Sara Greff)
Application by Otter Tail Power Company (OTP) for approval of a wind energy power purchase agreement with a yet-to-be-formed affiliated company for 70.5 megawatts of wind energy to be located in North Dakota. OTP, in a joint venture with others intends, through its affiliate, to construct, own and operate the wind generation facility and OTP would purchase 100% of the energy generated from it. The purchase would help OTP meet its obligation under the Minnesota Renewable Energy Objective Law. OTP also requests a waiver of its existing Fuel Adjustment Clause in order to negate the effect of this wind power purchase to its South Dakota customers. OTP's proposal would remove the cost of this wind power from the fuel adjustment clause and add back the cost of power that would have been utilized if the wind power purchase had not taken place. OTP states that this will protect ratepayers from the effect of the purchase of wind power from the affiliated producer. On December 16, 2005, Otter Tail Power filed a request to withdraw the filing and dismiss without prejudice.
Today, shall the Commission Dismiss the Docket without Prejudice?
Application by NorthWestern Energy for approval of revisions to its Electric Tariff General Terms and Conditions, including the establishment of a tariffed line extension policy and associated cost recovery, establishment of policy for replacing overhead facilities with underground, changes to cogeneration and small power production interconnection, metering, continuity of service, and other changes. NorthWestern states it has been several years since these provisions have been updated and NorthWestern has utilized the tariff language of other companies and the tariffs of its Montana jurisdiction to develop these changes which will clarify its Electric Tariff.
TODAY, shall the Commission Approve the Tariff Revisions?
On June 29, 2005, 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. LECA requests that the revised rates be effective August 1, 2005. On August 30, 2005, Midcontinent Communications (Midco) and MCImetro Access Transmission Services, LLC (MCI) filed Petitions for Intervention. AT&T Communications of the Midwest, Inc. (AT&T) filed a Petition for Intervention on September 14, 2005. On September 15, 2005, an Answer of LECA to Midcontinent's Petition to Intervene and an Answer of LECA to MCImetro Access Transmission Service, LLC's Petition were filed. On September 27, 2005, the Commission suspended the operation of the tariff for 120 days after the proposed effective date of October 1, 2005.
TODAY, pursuant to SDCL 49-31-12.4, shall the Commission Suspend the Operation of the Tariff for an Additional One-Hundred Twenty Days Beyond the Proposed Effective Date of the Tariff?
2. In the Matter of the Approval of Amendments to Agreements in Dockets TC05-195, TC05-196, and TC05-220
On November 28, 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 Talk America Inc. According to the parties, this Amendment deletes certain UNEs and changes or adds terms and conditions for certain UNEs.
On November 29, 2005, the Commission received a filing for approval of an Interconnection Agreement between Midcontinent Communications and PrairieWave Black Hills, L.L.C. According to the parties, the Agreement "sets forth the terms, conditions and prices under which the parties agree to provide interconnection and reciprocal compensation for the exchange of local traffic. . . ."
TC05-220 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Metropolitan Telecommunications of South Dakota, Inc. (Staff Attorney: Sara Greff)
On December 12, 2005, the Commission received a filing for approval of a Triennial Review Order and Triennial Review Remand Order Amendment to an Interconnection Agreement between Qwest Corporation and Metropolitan Telecommunications. According to the parties, this Amendment deletes certain UNEs and changes or adds terms and conditions for certain UNEs.
TODAY, shall the Commission Approve the Amendments to the Agreements?
3. TC04-213 In the Matter of the Filing by Brookings Municipal Utilities d/b/a Swiftel Communications for Designation as an Eligible Telecommunications Carrier. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
On October 28, 2004, Brookings Municipal Utilities d/b/a Swiftel Communications (Brookings) filed a Petition for Designation as an Eligible Telecommunications Carrier (ETC) for wireless personal communications service (PCS) operations in South Dakota. Brookings is authorized by the Federal Communications Commission (FCC) as a wireless PCS carrier in the partitioned area of the Minneapolis-St. Paul Metropolitan Trading Area (MTA), MTA012, which encompasses Brookings, Lake, Lincoln, McCook, Minnehaha, Moody, Turner, Clark, Codington, Deuel, Grant, Hamlin, and Roberts counties; in the Sioux Falls Basic Trading Area (BTA), BTA422; in the Watertown BTA 464; in the partitioned area of the Des Moines-Quad Cities, Iowa MTA032 which encompasses Bon Homme, Clay, Union, and Yankton counties; and in the Sioux City, Iowa BTA421. Brookings requests that it be designated as an ETC in portions of its FCC authorized service area. For the local exchange carrier wire centers that are only partially covered by Brookings' authorized service area, Brookings requests that the Commission designate as an ETC the portion of the wire center where Brookings is authorized to provide service. For wire centers which overlap into South Dakota, Brookings requests that the Commission designate Brookings in the portion of those wire centers that are within South Dakota. Interstate Telecommunications Cooperative and Sioux Valley Telephone filed Petitions for Intervention on November 18, 2004. The South Dakota Telecommunications Association filed a Petition to Intervene on November 19, 2004. Intervention was granted to all parties at the November 30, 2004, Commission Meeting. On December 1, 2005, Brookings Municipal Utilities filed a "Response of Brookings Municipal Utilities d/b/a Swiftel Communications to Public Utilities Commission Staff Letter Dated November 4, 2005."
TODAY, shall the Commission Designate Brookings Municipal Utilities d/b/a Swiftel Communications as an Eligible Telecommunications Carrier?
1. The next regularly scheduled Commission meeting will be held January 31, 2006, at 1:30 p.m. in Room 468, at Pierre, South Dakota.
2. Commission meetings are scheduled for February 28 and March 14, 2006.
3. The PUC offices will be closed Monday, January 16, 2006, in observance of Martin Luther King Jr. Day.
4. A hearing in docket CT05-001 will be held February 1 - 3, 2006, in Conference Room 3, Kneip Building, Pierre. The hearing will begin at 9:00 a.m. on Wednesday, February 1, 2006.
5. The PUC offices will be closed Monday, February 20, 2006, in observance of Presidents' Day.
Heather K. Forney
Deputy Executive Director
January 10, 2006