South Dakota Public Utilities Commission Meeting
October 6, 2009, at 9:30 A.M.
Room 412, 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 October 5, 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.
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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
- Approval of the Minutes of the Ad Hoc Commission Meeting Held on July 10, 2009. (Staff: Demaris Axthelm)
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
1. HP09-001 In the Matter of the Application by TransCanada Keystone Pipeline, LP for a Permit under the South Dakota Energy Conversion and Transmission Facility Act to Construct the Keystone XL Project. (Staff Analysts: Bob Knadle/Nathan Solem/ Stacy Splittstoesser/Tim Binder, Staff Attorney: Kara Semmler)
On March 12, 2009, TransCanada Keystone Pipeline, LP, (Keystone) filed a siting permit application for the South Dakota portion of the proposed Keystone XL Project (Project). The Project will transport crude oil starting in Hardisty, Alberta, Canada and ending in Port Arthur and East Houston areas of Texas. The proposed 36 inch diameter pipeline will have a nominal capacity of 900,000 barrels of oil per day (bpd). The proposed route will enter South Dakota at the Montana/South Dakota border in Harding County. It will extend in a southeasterly direction through portions of Harding, Butte, Perkins, Meade, Pennington, Haakon, Jones, Lyman, and Tripp counties. It will exit the state at the South Dakota/Nebraska border in Tripp County. The length of pipeline through South Dakota is approximately 313 miles. The Project also includes seven pump stations in South Dakota located in Harding (2), Meade, Haakon, Jones, and Tripp (2) counties along with 16 mainline valves. Mainline valves are proposed at each pump station and along the right-of-way with spacing intervals based upon the location of the pump stations, water bodies greater than 100 feet in width, high consequence areas and other considerations. Dakota Rural Action (DRA) filed a Motion for Extension of Time to File Application for Party Status on May 11, 2009. Requests for Party Status were granted at the May 19, 2009, Commission Meeting. At the same meeting, the Commission voted to deny the Motion for Extension of Time to File Application for Party Status, and in the alternative, the Commission extended the intervention deadline to May 31, 2009. On May 15, 2009, Staff filed a Motion to Establish Procedural Schedule. Staff filed a Letter Regarding Consulting Contracts on May 29, 2009. The Commission established a Procedural Schedule at its June 9, 2009, meeting. On September 3, 2009, DRA filed a Motion for Extension of Time to Submit Testimony. The Commission Granted the Motion for Extension of Time to Submit Testimony at its September 8, 2009, meeting. On September 18, 2009, Keystone filed a Response to Dakota Rural Action's Request for Further Discovery. At its September 23, 2009, meeting, the Commission granted in part and denied in part DRA's Request for Further Discovery. On September 29, 2009, Chairman Johnson filed a request that the Commission reconsider its earlier decision and make documents central to the Applicant's preparation of its Emergency Response Plan available as part of discovery.
TODAY, shall the Commission Reconsider its Decision Regarding Production of Documents Related to Applicant's Emergency Response Plan Available as Part of Discovery?
On August 28, 2009, NorthWestern Energy filed an application to update its fuel retention percentage for natural gas transportation service. NorthWestern Energy's tariff provides that the fuel retention percentage be adjusted annually with the updated percentage to be effective October 1 of each year
TODAY, shall the Commission Approve the Tariff Revisions?
The Energy Independence and Security Act of 2007 amends Section 303(b) of the Public Utility Regulatory Policies Act of 1978 (15 U.S.C. 3203(b)). Specifically the amendment adds energy efficiency and rate design natural gas standards for state consideration. The Commission must consider these standards and make a specific determination on whether their implementation is appropriate in South Dakota.
TODAY, how shall the Commission Proceed?
1. TC08-005 In the Matter of the Complaint filed by OrbitCom, Inc. against Global Crossing Telecommunications, Inc. Regarding Switched Access Services. (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)
On February 6, 2008, OrbitCom, Inc. filed a complaint against Global Crossings Telecommunications, Inc. for failing to pay switched access charges. On February 22, 2008 Global Crossing Telecommunications, Inc. filed a Motion to Dismiss along with an Affidavit. On May 20, 2008, OrbitCom, Inc. filed a letter and response to Global Crossings Motion to Dismiss. On June 2, 2008, Global Crossing filed a reply in Support of the Motion to Dismiss. On September 25, 2009, the Parties filed a Stipulation for Dismissal.
TODAY, shall the Commission Approve the Stipulation for Dismissal?
2. TC08-103 In the Matter of the Petition of Brookings Municipal Utilities d/b/a Swiftel Communications for Approval of a Partial Relinquishment of its Designation as an Eligible Telecommunications Carrier. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Kara Semmler)
On August 11, 2008, Swiftel Communications filed a petition to partially relinquish its designation as an Eligible Telecommunications Carrier (ETC). Swiftel previously provided services required as a designated ETC through an agreement with Sprint. The agreement with Sprint will expire in March 2009. Affected service areas will no longer be served by Swiftel. Swiftel requests therefore, to amend the scope of its ETC designation so as to exclude the areas it will no longer serve. At its September 9, 2008, meeting, the Commission Approved the Petition to Partially Relinquish Designation as Eligible Telecommunications Carrier. On August 7, 2009, Swiftel filed a motion asking the Commission to issue an order finding that Swiftel's transaction with Crossroads Wireless, Inc. was not complete and therefore, Swiftel's ETC designation has not been partially relinquished.
TODAY, shall the Commission Grant the Pending Motion?
On August 13, 2009, the Commission received a filing for approval of an Interconnection Agreement between Qwest Corporation and EnTelegent Solutions, Inc
TODAY, shall the Commission Approve the Interconnection Agreement?
On August 13, 2009, the Commission received a filing for approval of an opt-in Interconnection Agreement between Qwest Corporation and CVC CLEC, LLC.
TODAY, shall the Commission Approve the Op-In Interconnection Agreement?
Sprint is requesting an effective date of October 1, 2009, for approval of Sprint's South Dakota Access Service Tariff No. 3. The filing introduces Toll Free 8YY Transit Traffic Service. This service transports Toll Free traffic originated by a third party that is not an end user or other user of the Company's local exchange or exchange access service through its wire center to an IXC customer. The connection can be either directly or indirectly connected. The filing also makes minor text changes in the Toll Free Database Access Service Description as well as corrects the Switched Transport DS1 and DS3 language. On September 21, 2009, Sprint filed a Request to Withdraw Tariff Filing without Prejudice.
TODAY, shall the Commission Grant the Request to Withdraw without Prejudice?
- The next regularly scheduled Commission meeting will be held October 20, 2009, at 9:30 a.m. in Room 413, State Capitol Building, Pierre, SD.
- Commission meetings are scheduled for November 10 and November 24, 2009.
- A public input hearing in dockets HP09-002 and EL09-015 will be held September 30, 2009, in the McKnight Community Center in White, SD. The hearing will begin at 6:00 p.m.
- The Commission offices will be closed Monday, October 12, 2009, in observance of Native American Day.
- A hearing in docket HP09-001 will be held November 2 – 6, 2009, in Room 414, State Capitol Building, Pierre, SD.
/S/Heather K Forney .
Heather K. Forney
Deputy Executive Director
September 29, 2009