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South Dakota Public Utilities Commission Meeting
Nov. 10, 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 Nov. 9, 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 link 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 link 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

Consumer Reports

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

Electric

1.     EL09-019     In the Matter of the Joint Request for an Electric Service Rights Exception between Central Electric Cooperative, Inc. and Southeastern Electric Cooperative, Inc. (Staff Analyst: David Jacobson, Staff Attorney: Kara Semmler) 

         On Oct. 2, 2009, Central Electric Cooperative, Inc. (Central) and Southeastern Electric Cooperative, Inc. (Southeastern) filed an application for approval of a Service Territory Exception Agreement. The exception is being requested to allow Southeastern to provide electric service to a well pump at a location within Central's electric service territory in the NE 1/4 of Section 12 of 103N - 57W of Edgerton Township Hanson County, South Dakota.

         TODAY, shall the Commission Approve the Joint Request for an Electric Service Rights Exception?

Natural Gas

1.     NG09-006     In the Matter of the Consideration of the Energy Independence and Security Act of 2007. (Staff Analysts: Brian Rounds/Jon Thurber, Staff Attorney: Kara Semmler)

          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. On Oct. 13, 2009, the NorthWestern Corporation dba NorthWestern Energy (NorthWestern) filed a Petition for Intervention. On Oct. 16, 2009, MidAmerican Energy Co. filed a Petition for Intervention. On Oct. 30, 2009, the Commission received MidAmerican Energy Co.'s comments, NorthWestern's comments, Montana-Dakota Utilities Co.'s Petition for Intervention and comments and Staff's comments.

         TODAY, shall the Commission Grant Intervention to those Parties that Filed?

Pipeline Safety

1.     PS09-005     In the Matter of the Petition of the Commission Pipeline Safety Program Manager for a Declaratory Ruling Regarding Whether the Crooks Municipal Utilities Gas Line should be Classified as a Transmission or Distribution Line for Pipeline Safety Purposes. (Staff Analysts: Nathan Solem/Stacy Splittstoesser, Staff Attorney: Kara Semmler)    

         On October 9, 2009, PUC Pipeline Safety Staff filed a petition for a declaratory ruling from the Commission. Specifically, PUC Staff questions whether a line owned and operated by the City of Crooks is properly classified as a transmission line or whether it should be re-classified as a distribution line. On Oct. 21, 2009, the City of Garretson filed a Petition for Intervention.

         TODAY, shall the Commission Grant Intervention to those Parties that Filed? AND, shall the Commission Grant any Motions Filed?

Telecommunications

1.     TC09-088     In the Matter of the Application of Greenfly Networks Inc. dba Clearfly Communications for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota.   (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Kara Semmler)

         On Sept. 18, 2009, Greenfly Networks Inc. dba Clearfly Communications (Clearfly) filed an application for a certificate of authority to provide telecommunication services throughout the State of South Dakota and local exchange services in a to-be-determined select number of ILEC wire centers in South Dakota. Clearfly intends to provide facilities-based and resold services.  On Sept. 21, 2009, Clearfly filed a revised application. On Oct. 20, 2009, the Commission deferred action in this docket.

         TODAY, shall the Commission Grant a Certificate of Authority to Greenfly Networks Inc. dba Clearfly Communications? 

2.     TC09-090     In the Matter of the Filing for Approval of an Interconnection Agreement between Qwest Corporation and Northern Valley Communications, LLC.    (Staff Attorney: Kara Semmler)

         On Sept. 29, 2009, the Commission received a filing for approval of an Interconnection Agreement between Qwest Corporation and Northern Valley Communications, LLC.  Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than Oct. 19, 2009.  Parties to the Agreement may file written responses to the comments no later than twenty days after service of the initial comments.

         TODAY, shall the Commission Approve the Agreement?

3.     TC09-091     In the Matter of the Application of McCook Cooperative Telephone Company for an Amended Certificate of Authority. (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Karen Cremer)

          On October 6, 2009, the Commission received an Application for Approval of an Amendment to Certificate of Authority from McCook Cooperative Telephone Company (McCook). On Oct. 16, 2009, the Commission received a Supplement to Application for Approval of an Amendment to Certificate of Authority. On Oct. 30, 2009, McCook filed additional information that staff requested.

         TODAY, shall the Commission Grant an Amended Certificate of Authority to McCook Cooperative Telephone Company? 

4.     TC09-092     In the Matter of the Filing by 360networks (USA) inc. for Approval of Revisions to its Intrastate Switched Exchange Access Tariff No. 1 and Request for a Waiver. (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Karen Cremer) 

         On October 8, 2009, 360networks (USA) inc. (360networks) filed for changes to its switched access tariff sheets 1, 2, 4, 48, and 51 to 54 which address changes to the switched access rates, removes certain toll free descriptions and rates, and changes the PIC language and rates. 360networks also requests a waiver of ARSD 20:10:27:07 and requests an effective date of November 10, 2009. On Nov. 3, 2009, 360networks filed a revised tariff sheet.

         TODAY, shall the Commission Approve Revisions to the Intrastate Switched Exchange Access Tariff No. 1 and Grant the Waiver?

5.     TC09-093     In the Matter of the Application of Comcast Phone of South Dakota, LLCdba Comcast Digital Phone for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota. (Staff Analyst: David Jacobson, Staff Attorney: Kara Semmler) 

          On Oct. 13, 2009, Comcast Phone of South Dakota, LLC dba Comcast Digital Phone (Comcast Phone) filed an application for a certificate of authority to operate as a resold interexchange carrier of telecommunications services. Comcast Phone seeks authority to be a facilities and non-facilities-based interexchange carrier providing switched and dedicated interexchange telecommunications services to businesses and residences. Comcast Phone seeks authority to provide services throughout the entire state of South Dakota.

         TODAY, shall the Commission Grant a Certificate of Authority to Comcast Phone of South Dakota, LLC dba Comcast Digital Phone?

Announcements

1.     The next regularly scheduled commission meeting will be held Nov. 24, 2009, at 9:30 a.m. in Room 413, State Capitol Building, Pierre, SD.

2.     Commission meetings are scheduled for Dec. 8, 2009, and Dec. 22, 2009.

3.     An evidentiary hearing in docket HP09-001 will be held Nov. 2-6, 2009, in Room 414, State Capitol Building, Pierre, SD, beginning at 9 a.m. on Nov. 2; and at 8:30 a.m. on all other days.

4.     A public input hearing in docket HP09-001 will be held Nov. 3, 2009, at 6 p.m. in Room 414 of the State Capitol Building, Pierre, SD.

5.     A public input meeting in docket EL09-018 will be held Nov. 24, 2009, at 7 p.m. (MST) in the Wells Fargo Theater at the Journey Museum, Rapid City, SD.

6.     A hearing in docket NG09-006 will be held Nov. 30, 2009, at 11 a.m. in Room 464, State Capitol Building, Pierre, SD.

7.     A hearing in docket EL09-009 will be held Dec. 9-11, 2009, at 9 a.m. in Room 413, State Capitol Building, Pierre, SD.

8.     Commissioners and Staff will be attending the NARUC fall meetings in Chicago, IL, Nov. 16-19, 2009.

9.     Commissioners and staff will meet with representatives of NorthWestern Energy on Nov. 30, 2009, at 1:30 p.m. in Room 464, State Capitol Building, Pierre, SD, to discuss company updates.

10.     Commissioners and staff will meet with representatives of Montana-Dakota Utilities Co. on Dec. 8, 2009, at 3:30 p.m. in Room 413, State Capitol Building, Pierre, SD, to discuss company updates.

11.     The Public Utilities Commission offices will be closed Wednesday, Nov. 11, 2009, in observance of Veterans Day.

12.     The Public Utilities Commission offices will be closed Thursday and Friday, Nov. 26 and 27, 2009, in observance of Thanksgiving.

13.     The Public Utilities Commission offices will be closed Thursday and Friday, Dec. 24 and 25, 2009, in observance of Christmas.

 /s/Leah Mohr                             

Leah Mohr
Deputy Executive Director
puc@state.sd.us
Nov. 3, 2009