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South Dakota Public Utilities Commission Meeting
Tuesday, May 9, 2006, 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 8, 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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AGENDA OF COMMISSION MEETING
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
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. On April 11, 2006, the Commission considered the application as revised as a result of discussions between Commission Staff and the Company and action was deferred.
TODAY, shall the Commission Approve the Tariff Revisions?
2. EL06-004 In the Matter of the Filing for Approval of a Territorial Agreement Regarding Electric Service between the City of Pierre, South Dakota, and Oahe Electric Cooperative, Inc. (Staff Analysts: Nathan Solem and Martin Bettmann, Staff Attorney: Karen Cremer)
On January 26, 2006, the Commission received a request to approve an electrical territory agreement between the City of Pierre and the Oahe Electric Cooperative, Inc. The agreement provides for future City of Pierre annexation of and extension of electric service into Sections 21 and 22 of Township 111 North, Range 79 West, compensation to Oahe Electric for electric distribution properties acquired by the City of Pierre, and retention of the East ½ of Section 22 by Oahe Electric as a service territory. Further provisions include provision of comparable service in Oahe retained service locations in areas annexed by the City and payment of sales tax by Oahe for retained service locations within the area of annexation.
The City of Pierre and Oahe Electric Cooperative, Inc. are making the request pursuant to SDCL 49-34A-55.
TODAY, shall the Commission Approve the Territorial Agreement?
3. EL06-012 In the Matter of the Joint Request for an Electric Service Rights Exception between Sioux Valley-Southwestern Electric Cooperative, Inc. d/b/a Sioux Valley Energy and Northern States Power Company d/b/a Xcel Energy. (Staff Analysts: Nathan Solem and Martin Bettmann, Staff Attorney: Karen Cremer)
On April 13, 2006, Sioux Valley-Southwestern Electric Cooperative, Inc. d/b/a Sioux Valley Energy (SVE) and Northern States Power Company d/b/a Xcel Energy (Xcel) filed a Joint Request for Electric Service Rights Exception for Commission approval. SVE and Xcel are seeking approval of an exception to the current electric territory agreement to allow Xcel to provide electric service to a security light for the Fraternal Order of Police. The light is to be mounted on an existing pole along the north side of Highway 38/42 in the NW 1/4 of Section 28, Township 101 North, Range 48 West, in Minnehaha County. The parties to this agreement agree that the public interest would be served by Xcel providing electric service to the light. The consent on the part of SVE is limited to the afore said service and will automatically terminate upon removal or abandonment of such service. The exception is not to be construed as having any impact upon or indicating any desire to change the service area assigned by the Commission.
TODAY, shall the Commission Approve the Joint Request for an Electric Service Rights Exception?
1. TC05-184 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: Bob Knadle, Staff Attorney: Sara Greff)
On October 21, 2005, Pacific Centrex Services, Inc. (Pacific) filed an application for Commission approval for a Certificate of Authority to provide interexchange telecommunications services and local exchange services in South Dakota. Pacific intends to offer resold interexchange services including MTS, in-Wats, out-WATS, and calling card services throughout South Dakota. Pacific also intends to offer facilities-based and resold local exchange services in the existing service areas of Qwest. Pacific 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, directory assistance, etc.)
TODAY, shall the Commission Grant the Certificate of Authority to Pacific Centrex Services, Inc.?
2. In the Matter of the Approval of Agreements in Dockets TC06-023 and TC06-024
On March 24, 2006, the Commission received a filing for the approval of a Type 1 and Type 2 Paging Connection Service Agreement between Qwest Corporation and Vantek Communications, Inc. According to the parties, "[t]his Agreement covers Type 1 and Type 2 Paging Connection Service which consists only of those one-way intraLATA/intrastate land-to-pager trunks."
On March 24, 2006, the Commission received a filing for the approval of a Type 1 Wireless Interconnection Agreement between Qwest Corporation and Kentec Communications, Inc. According to the parties, the Agreement sets forth the terms, conditions and pricing under which Qwest will offer Interconnection and Ancillary services within a defined area.
TODAY, shall the Commission Approve the Above Agreements?
3. In the Matter of the Approval of Amendments to Agreements in TC06-025 and TC06-026
On March 24, 2006, the Commission received a filing for the approval of a Triennial Review Order and Triennial Review Remand Order Amendment to the Interconnection Agreement between Qwest Corporation and Midcontinent Communications. According to the parties, this Amendment changes or adds terms and conditions for certain UNEs.
On March 24, 2006, the Commission received a filing for the approval of a Triennial Review Order and Triennial Review Remand Order Amendment to the Interconnection Agreement between Qwest Corporation and NOS Communications, Inc. According to the parties, this Amendment changes or adds terms and conditions for certain UNEs.
TODAY, shall the Commission Approve the Amendments to the Above Agreements?
1. Establishment of the Gross Receipts Tax levy for the 2007 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?
2. In the Matter of a Contract with Spiegel & McDairmid (General Counsel: John Smith)
On April 25, 2006, NorthWestern Corporation d/b/a NorthWestern Energy (NorthWestern) announced that it had entered into an Agreement and Plan of Merger with Babcock & Brown Infrastructure Limited, an Australian public company, and certain of its subsidiaries (BBI) pursuant to which BBI will acquire ownership of NorthWestern. It appears likely that the transaction will meet the standards requiring approval by FERC under Section 203 of the Federal Power Act as amended by the Energy Policy Act of 2005. The transaction will also probably require anti-trust require review under the Hart, Scott, Rodino Act and possibly review by other federal agencies.
TODAY, shall the Commission Approve a Contract to Retain Spiegel & McDiarmid as Legal Counsel to Represent the Commission Before FERC and Such Other Federal Administrative Review or Approval Proceedings in Which the Commission Elects to Intervene or Comment?
1. The next regularly scheduled Commission meeting will be held May 23, 2006, at 9:30 a.m. in Room 412, at Pierre, South Dakota.
2. Commission meetings are scheduled for June 13 and July 11, 2006.
Heather K. Forney
Deputy Executive Director
May 2, 2006