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South Dakota Public Utilities Commission Meeting
October 12, 2010, at 1:00 P.M. CDT
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 9:00 a.m. CDT on Tuesday, October 12, 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 September 28, 2010. (Staff: Stephanie Harmon)

Consumer Reports

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

Pipeline Safety

1.      PS10-003 - In the Matter of the Complaint by Pipeline Safety Staff Against South Dakota Natural Gas Company for Violations of 49 CFR 192 (Staff Analyst: Nathan Solem, Staff Attorney: Kara Semmler)

         On September 2, 2010, the Commission received a complaint from Pipeline Safety Staff (Staff) against South Dakota Natural Gas Company (Company) for violations of 49 CFR 192. Staff identified a compliance issue on or about August 4, 2009. Although the Company agreed to a resolution of said issue, it has not completed the necessary work to date. Staff requests the Commission issue an Order of Compliance, with all necessary work to be completed no later than September 30, 2010. If compliance is not obtained, Staff requests the Commission to obtain a civil penalty and pipeline shutdown until operational compliance is achieved.

         TODAY, Shall the Commission dismiss and close the docket?

Telecommunications

1.      TC10-085 - In the Matter of the Application of Easton Telecom Services, L.L.C. for a Certificate of Authority for Telecommunication Services in South Dakota (Staff Analyst: Jon Thurber, Staff Attorney: Karen Cremer)

         On July 13, 2010, Easton Telecom Services, L.L.C. filed an application for a certificate of authority to provide resold interexchange telecommunication services. Easton Telecom Services plans to provide these services throughout the State of South Dakota.

         TODAY, shall the Commission approve the Certificate of Authority?

2.      TC10-086 - In the Matter of the Application of Midstate Telecom, Inc., For a Waiver of ARSD 20:10:32:06.01 (Staff Analyst: Bob Knadle, Staff Attorney: Karen Cremer)

         On August 6, 2010, the Commission received an application from Midstate Telecom, Inc. (Midstate) for a waiver of ARSD 20:10:32:06.01. Midstate is asking the Commission to grant an exemption and to relieve it of the requirement to hold a continuous surety bond in the amount of $25,000, pursuant to the Commission's April 24, 2001, Order Granting Certificate of Authority and Order Granting Petition for Waiver (TC01-007).

         TODAY, shall the Commission approve the company's request?

3.      TC10-090 - In the Matter of the Petition of Cellco Partnerships and its Subsidiaries and Affiliates to Amend and Consolidate Eligible Telecommunications Carrier Designations in the State of South Dakota and to Partially Relinquish ETC Designation (Staff Analyst: Brian Rounds, Staff Attorney: Karen Cremer)

         On September 3, 2010, the Commission received a petition from Cellco Partnership d/b/a Verizon Wireless, and its subsidiaries and affiliates offering commercial mobile radio services in South Dakota (Verizon Wireless), to amend and consolidate the eligible telecommunications carrier (ETC) designations currently held separately in the name of WWC License, LLC and RCC Minnesota, Inc. in the state of South Dakota to reflect Cellco Partnership and its affiliated legal entities as the designated entity. Verizon Wireless requests that amendment and consolidation of the ETC designations be deemed effective immediately. Verizon Wireless further requests that the partial relinquishment of its ETC status in the Golden West Telecommunications Cooperative, Inc. Study Area Code 391659 be deemed effective immediately. On September 24, 2010, the Commission received a Petition to Intervene from South Dakota Telecommunications Association and Golden West Telecommunications Cooperative, Inc.

         TODAY, shall the Commission grant interventions to all parties?

Items for Commission Discussion

Announcements

  1. The Public Utilities Commission offices will be closed Monday, October 11, 2010, in observance of Native American Day.
  2. The next regularly scheduled commission meeting will be held Tuesday, October 26, 2010, at 9:30 a.m., CDT, in Room 413 of the State Capitol, Pierre, S.D.
  3. A hearing in CE10-001 will be held Tuesday, October 26, 2010, at 1:30 p.m., CDT, in Room 413 of the State Capitol, Pierre, S.D.
  4. Commissioners and staff will meet with representatives of Xcel Energy to discuss the company's resource plan and the commission's role in reliability oversight on Wednesday, October 27, 2010, at 9:30 a.m. CDT, in Room 413 of the State Capitol, Pierre, S.D.
  5. Commissioners and staff will meet with representatives of Montana-Dakota Utilities Co. to discuss the company's winter outlook and gas pricing on Wednesday, October 27, 2010, at 1:30 p.m. CDT, in Room 413 of the State Capitol, Pierre, S.D.
  6. Commission meetings are scheduled for November 9 and 23, 2010.
  7. The Public Utilities Commission offices will be closed Thursday, November 11, 2010, in observance of Veterans Day.
  8. Commissioners and staff will attend the annual meeting of the National Association of Regulatory Utility Commissioners, November 14-17, 2010, in Atlanta, Ga.
  9. Commissioners and staff will meet with representatives of NorthWestern Energy to discuss company updates on Tuesday, November 23, 2010, at 1:30 p.m. CST, in Room 413 of the State Capitol, Pierre, S.D.
  10. The Public Utilities Commission offices will be closed Thursday, November 25, 2010, in observance of Thanksgiving.

 

/S/ Cindy Kemnitz     
Cindy Kemnitz
Finance Manager
puc@state.sd.us  
October 5, 2010