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South Dakota Public Utilities Commission Meeting
August 25, 2010, at 9:30 A.M. CDT
Room LCR 1 and 2, 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. CDT on Tuesday, August 24, 2010. 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 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, Click on "Commission Meetings Archives," to access the recordings.

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 July 27, 2010. (Staff: Stephanie Harmon)

Consumer Reports

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

Electric

1.      EL10-008 - In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of Tariff Revisions (Staff Analyst: Bob Knadle, Staff Attorney: Karen Cremer)

         On June 29, 2010, the Commission received an application by NorthWestern Corporation dba NorthWestern Energy to update the payment schedule for energy; introduce a payment for capacity per KW; and update the terms and conditions in the Small Qualifying Facility Rider (Occasional delivery energy service), Rate No. 73, and in the Small Qualifying Facility Rider (Time of delivery energy service), Rate No. 74. The Company has requested an effective date of September 1, 2010, for the proposed modifications to the rate schedules.

         TODAY, shall the Commission approve the requests?

Telecommunications

1.         TC08-031- In the Matter of the Complaint filed by Kennebec Telephone Company, Inc., against Alltel Communications, Inc. Regarding Nonpayment of Transiting Charges. (Staff Analyst: David Jacobson, Staff Attorney: Kara Semmler)

           On February 20, 2008, Kennebec Telephone Company, Inc. (Kennebec) filed a complaint against Alltel Communications, Inc. (Alltel) for failing to pay charges associated with transiting services. On May 13, 2009, Kennebec filed a Motion for Summary Judgment and Brief, and a Complainant's Statement of Undisputed Material of Facts. On June 1, 2009, Alltel filed a Brief in Opposition to Kennebec's Motion for Summary Judgment and Objection to Claimant's Statement of Alleged Undisputed material facts in Support of Motion for Summary Judgment. On June 23, 2009, at a regularly scheduled meeting, the Commission denied the Motion for Summary Judgment. On January 15, 2010, Alltel filed a Statement and Brief of Material Facts Motion for Summary Judgment based upon lack of Subject Matter Jurisdiction. On February 1, 2010, Kennebec filed an Opposition to Alltel's Motion for Summary Judgment and a response to Alltel's Statement of Material Fact. On February 5, 2010, the Commission received Alltel's response to Kennebec's Opposition to Alltel's Motion for Summary Judgment based upon lack of Subject Matter Jurisdiction. On August 3, 2010, the Commission received a Stipulation for Dismissal signed by both parties.

           TODAY, shall the Commission dismiss the docket?

2.      In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC10-038, TC10-039, TC10-044, TC10-048, TC10-059, TC10-070 and TC10-71.

         TC10-038 -  In the Matter of the Request of Venture Communications Cooperative for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Jon Thurber, Staff Attorney: Kara Semmler)

         On May 24, 2010, the Commission received an application from Venture Communications Cooperative requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TC10-039 -  In the Matter of the Request of West River Cooperative Telephone Company for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)

        On May 24, 2010, the Commission received an application from West River Cooperative Telephone Company requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TC10-044 -  In the Matter of the Request of Stockholm-Strandburg Telephone Company dba ITC for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Jon Thurber, Staff Attorney: Kara Semmler)

        On May 25, 2010, the Commission received an application from Stockholm-Strandburg Telephone Company dba ITC requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.      

        TC10-048 -  In the Matter of the Request of Valley Telecommunications Cooperative Association, Inc. for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Jon Thurber, Staff Attorney: Kara Semmler)

         On May 26, 2010, the Commission received an application from Valley Telecommunications Cooperative Association, Inc. requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TC10-059 -  In the Matter of the Request of Qwest Corporation for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Jon Thurber, Staff Attorney: Kara Semmler)

         On May 27, 2010, the Commission received an application from Qwest Corporation requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TC10-070 -  In the Matter of the Request of City of Brookings Municipal Telephone for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Jon Thurber, Staff Attorney: Kara Semmler)

         On June 1, 2010, the Commission received an application from City of Brookings Municipal Telephone requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TC10-071 - In the Matter of the Request of Brookings Municipal Telephone dba Swiftel Communications for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Jon Thurber, Staff Attorney: Kara Semmler)

         On June 1, 2010, the Commission received an application from Brookings Municipal Telephone dba Swiftel Communications requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         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?

Items for Commission Discussion

Announcements

1.   Commissioners and staff will attend the Brown County Fair, August 17-22, 2010, in Aberdeen, S.D.

2.   Commissioners and staff will attend the South Dakota Association of Telephone Cooperatives annual meeting, August 22-24, 2010, in Rapid City, S.D.

3.   Commissioners and staff meet with representatives of the Midwest Independent System Operator at 9:45 a.m. CST, on September 1, 2010, in Room 413, State Capitol, Pierre, S.D., to discuss MISO updates.

4.   Commissioners and staff will meet with representatives of Missouri River Energy Services at 1:30 p.m. CST on September 1, 2010, in Room 413, State Capitol, Pierre, S.D., to discuss the company's integrated resource plan and aggregation of demand response.

5.   Commissioners and staff will attend the South Dakota State Fair, September 2-6, 2010, in Huron, S.D.

6.   The Public Utilities Commission offices will be closed Monday, September 6, 2010, in observance of Labor Day.

7.   The next regularly scheduled commission meeting will be held September 14, 2010, at 9:30 a.m., CDT, in Room 413 at the State Capitol Building, Pierre, S.D.

8.   Commission meetings are scheduled for September 28 and October 12, 2010.

 /S/ Cindy Kemnitz
Cindy Kemnitz
Finance Manager
PUC Email
August 18, 2010