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South Dakota Public Utilities Commission Meeting
July 29, 2009, at 9:30 A.M.
Room 413, Capitol Building
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 July 28, 2009.  Lines are limited and are given out on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. Ultimately, if you wish to participate in the Commission Meeting and a line is not available you may have to appear in person.  

NOTE:  To listen to the Commission Meeting live please go to the PUC's Web site www.puc.sd.gov and click on the LIVE button on the home page. The Commission requests that persons who will only be listening to proceedings and not actively appearing in a case listen via the web cast to free phone lines for those who have to appear.  The Commission meetings are archived on the PUC's Web site under the Commission Actions tab and then click on the LISTEN button on the page.

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

Administration

1.      Approval of the Minutes of the Commission Meeting Held on May 5, 2009. (Staff:  Demaris Axthelm)

Consumer Reports

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

Electric

1.        EL09-010      In the Matter of the Filing by Black Hills Power, Inc. for Approval of Tariff Revisions. (Staff Analyst: Bob Knadle, Staff Attorney: Kara Semmler)

            On June 30, 2009, Black Hills Power, Inc. ("Black Hills") filed an application with the Commission for approval of revisions to its Sample Forms due to the conversion to a new billing system.  Black Hills has requested an effective date of August 1, 2009, for the tariff revisions.

         TODAY, shall the Commission Approve the Tariff Revisions?

2.      EL09-012        In the Matter of the Petition of MidAmerican Energy Company for Approval of a Fuel Clause Rider Tariff Change. (Staff Analyst: Bob Knadle, Staff Attorney: Kara Semmler)

         On July 1, 2009, MidAmerican Energy Company filed an application requesting approval to allow the costs and results of hedging the cost of fuels used in electric generation for startup or operational stabilization of coal-fired generation and for diesel fuel associated with coal transportation contracts with railroads to be passed through the Electric Energy Cost Adjustment. MidAmerican is seeking an approval date retroactive to February 1, 2009, the first month in which hedged oil costs were included in the EECA. If the Commission does not grant the accompanying Petition, MidAmerican will remove all oil hedging costs passed through the EECA, currently estimated at approximately $350, via a credit to the EECA in the month immediately following the Commission's order.

         TODAY, shall the Commission Approve the Fuel Clause Rider Tariff Change?

Natural Gas

1.      NG09-004       In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions. (Staff Analyst: Tim Binder, Staff Attorney: Kara Semmler)

         MidAmerican is requesting cancellation of its monthly metered transportation gas pilot project and interruptible monthly metered transportation gas pilot project tariffs (pilot tariffs) effective July 15, 2009. The availability of these pilot tariffs expired April 30, 2009, and has been replaced by a permanent monthly metered transportation service, approved by the Commission on April 21, 2009; all customers participating in the pilot programs have been transitioned to the permanent program. MidAmerican opted to retain the pilot tariffs until completion of the transition and is now requesting cancellation of the pilot tariffs. Additionally, MidAmerican is updating its table of contents to reflect the above-discussed changes.

         TODAY, shall the Commission Approve the Tariff Revisions?

Rulemaking

1.      RM08-002       In the Matter of the Adoption of Rules Regarding PURPA Interconnection. (Staff Analyst: Nathan Solem/Brian Rounds, Staff Attorney: Kara Semmler; Commission Attorney: Rolayne Ailts Wiest)

         The Commission held a public hearing in Room 413, 4th Floor, State Capitol, Pierre, South Dakota, on May 6, 2008, at 9:30 a.m., to consider the adoption of proposed rules numbered:  20:10:36:01 through 20:10:36:73, inclusive.   The proposed rules affect the interconnection of small generator facilities to the electric systems of public utilities.  Interested persons presented data, opinions, and arguments for and against the proposed rules by appearing in person at the hearing. The rules were approved and went into effect on July 1, 2009. On July 2, 2009, Commission Staff requested comments on the small generator interconnection forms. Comments were due July 21, 2009.

         TODAY, shall the Commission Approve the Small Generator Interconnection Forms?

Telecommunications

1.      In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC09-030, TC09-033, TC09-034, TC09-035, TC09-036, TC09-037, TC09-038, TC09-039, TC09-040, TC09-044, TC09-045, TC09-049, TC09-050, TC09-054, TC09-058, and TC09-062

         TC09-030        In the Matter of the Request of West River Cooperative Telephone Company for Certification Regarding its Use of Federal Universal Service Support. (Staff Analyst: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

On May 21, 2009, West River Cooperative Telephone Company (West River) provided information constituting West River's plan for the use of its federal universal service support and to otherwise verify that West River will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.

         TC09-033        In the Matter of the Request of Venture Communications Cooperative for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

On May 26, 2009, Venture Communications Cooperative (Venture) provided information constituting Venture's plan for the use of its federal universal service support and to otherwise verify that Venture will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.

         TC09-034        In the Matter of the Request of Western Telephone Company for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

On May 26, 2009, Western Telephone Company (Western) provided information constituting Western's plan for the use of its federal universal service support and to otherwise verify that Western will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.

         TC09-035        In the Matter of the Request of Tri-County Telcom, Inc. for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

On May 26, 2009, Tri-County Telcom, Inc. (Tri-County) provided information constituting Tri-County's plan for the use of its federal universal service support and to otherwise verify that Tri-County will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.

         TC09-036        In the Matter of the Request of RT Communications, Inc. for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

On May 26, 2009, RT Communications, Inc. (RT Communications) provided information constituting RT Communications' plan for the use of its federal universal service support and to otherwise verify that RT Communications will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.

         TC09-037        In the Matter of the Request of West River Telecommunications Cooperative (Mobridge) for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

         On May 26, 2009, West River Telecommunications Cooperative (Mobridge) (West River) provided information constituting West River's plan for the use of its federal universal service support and to otherwise verify that West River will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.

         TC09-038        In the Matter of the Request of Jefferson Telephone Company for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

On May 26, 2009, Jefferson Telephone Company (Jefferson) provided information constituting Jefferson's plan for the use of its federal universal service support and to otherwise verify that Jefferson will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.

         TC09-039        In the Matter of the Request of Valley Telecommunications Cooperative Association, Inc. for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

         On May 26, 2009, Valley Telecommunications Cooperative Association, Inc. (Valley) provided information constituting Valley's plan for the use of its federal universal service support and to otherwise verify that Valley will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.

         TC09-040        In the Matter of the Request of McCook Cooperative Telephone Company for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

         On May 26, 2009, McCook Cooperative Telephone Company (McCook) provided information constituting McCook's plan for the use of its federal universal service support and to otherwise verify that McCook will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.

         TC09-044        In the Matter of the Request of James Valley Wireless, LLC for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

On May 27, 2009, James Valley Wireless, LLC (James Valley) provided information constituting James Valley's plan for the use of its federal universal service support and to otherwise verify that James Valley will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.

         TC09-045        In the Matter of the Request of James Valley Cooperative Telephone Company for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

         On May 27, 2009, James Valley Cooperative Telephone Company (James Valley) provided information constituting James Valley's plan for the use of its federal universal service support and to otherwise verify that James Valley will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.

         TC09-049        In the Matter of the Request of Midstate Communications, Inc. for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

On May 28, 2009, Midstate Communications, Inc. (Midstate) provided information constituting Midstate's plan for the use of its federal universal service support and to otherwise verify that Midstate  will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.

         TC09-050        In the Matter of the Request of Midstate Telecom, Inc. for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

         On May 28, 2009, Midstate Telecom, Inc. (Midstate) provided information constituting Midstate's plan for the use of its federal universal service support and to otherwise verify that Midstate  will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.

         TC09-054        In the Matter of the Request of Santel Communications Cooperative, Inc. for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

On May 29, 2009, Santel Communications Cooperative, Inc. (Santel) provided information constituting Santel's plan for the use of its federal universal service support and to otherwise verify that Santel will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.

         TC09-058        In the Matter of the Request of Kadoka Telephone Company for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

         On May 29, 2009, Kadoka Telephone Company (Kadoka) provided information constituting Kadoka's plan for the use of its federal universal service support and to otherwise verify that Kadoka will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.

         TC09-062        In the Matter of the Request of Beresford Municipal Telephone Company for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

On June 1, 2009, Beresford Municipal Telephone Company (Beresford) provided information constituting Beresford's plan for the use of its federal universal service support and to otherwise verify that Beresford will use all federal universal service support received in a manner that is consistent with the federal universal 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 August 11, 2009, at 9:30 a.m. in Room 413, State Capitol Building, Pierre, SD.
  2. Commission meetings are scheduled for August 25 and September 8, 2009.
  3. Commissioners and Staff will be attending the National Association of Regulatory Utility Commissioners meeting in Seattle, WA, July 19 – 22, 2009.
  4. A hearing in dockets TC07-112 through TC07-116 will be held August 3 – 5, 2009, Room 413, State Capitol Building, Pierre, SD.  The hearing will begin at 9:30 a.m.
  5. Aug. 12-16, 2009 - Sioux Falls, Sioux Empire Fair, WH Lyon Fairgrounds. PUC representatives will meet with consumers, distribute information and answer questions.
  6. Aug. 17-24, 2009 - Aberdeen, Brown County Fair, Brown County Fairgrounds. PUC representatives will meet with consumers, distribute information and answer questions.
  7. A hearing in docket CN09-001 will be held September 3, 2009, Room 282, University Center, 2205 Career Avenue, Sioux Falls, SD. The hearing will begin at 1:30 p.m.
  8. Sept. 3-7, 2009 - Huron, South Dakota State Fair, State Fairgrounds. PUC representatives will meet with consumers, distribute information and answer questions.
  9. The Commission offices will be closed Monday, September 7, 2009, in observance of Labor Day.
  10. A hearing in docket PS09-002 will be held September 8, 2009, Room 413, State Capitol Building, Pierre, SD. The hearing will begin at 1:30 p.m.
  11. A hearing in docket TC08-135 will be held September 9, 2009, Room 413, State Capitol Building, Pierre, SD. The hearing will begin at 9:00 a.m.
  12. A hearing on the Energy Act 2007 new PURPA standards will be held September 22 – 23, 2009, Room 413, State Capitol Building, Pierre, SD. The hearing will begin at 1:00 p.m. on September 22.

    /S/ Heather K. Forney     .
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
July 7, 2009