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South Dakota Public Utilities Commission Meeting
October 26, 2010, at 9:30 A.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 5:00 p.m. CDT on Monday, October 25, 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

Consumer Reports

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

Consumer Complaint

1.      CE10-001 -  In the Matter of the Complaint Filed by Convenient Loan, Sioux Falls, South Dakota, Against Xcel Energy Regarding a Billing Dispute. (Staff Attorney: Kara Semmler)

            On May 6, 2010, a company calling itself Convenient Loans of 119 S. Main Ave. in Sioux Falls filed a formal complaint against Xcel Energy. On May 10, 2010, Staff filed a letter stating that the complaint does not comply with filing requirements and requests the Commission handle the complaint according to ARSD 20:10:01:08.01. Staff recommends the complaint be administratively dismissed if a corrected complaint is not filed by close of business, May 28, 2010.  No action was taken at the May 18, 2010, Commission Meeting and Convenient Loans resolved the filing errors. Since then, the parties reached a settlement agreement and no longer desire to pursue formal action through the South Dakota Public Utilities Commission. The parties and staff agree the Complaint can be dismissed and the docket closed. 

            TODAY, shall the Commission dismiss the complaint and close the docket?

2.      CE10-002 -  In the Matter of the Complaint Filed by Kathleen Soesbe, Springfield, South Dakota, Against NorthWestern Energy Regarding a Billing Dispute (Staff Analyst: Deb Gregg, Staff Attorney: Kara Semmler)

         On July 30, 2010, the Commission received a complaint filed by Kathleen Soesbe of Springfield, South Dakota, against NorthWestern Energy. Ms. Soesbe does not believe she should be liable for services at a previous residence at a time she did not reside there.  On July 30, 2010, the Commission sent, via email, a Notice of Complaint and Deadline for an Answer to Northwestern Energy. On August 18, 2010, the Commission received an answer to the customer's complaint by Northwestern Energy. On September 28, 2010, the Commission deferred action on this docket. On October 8, 2010, the Commission received a Stipulation for Dismissal signed by both parties.

         TODAY, shall the Commission close the complaint and dismiss the docket?

Natural Gas

1.      NG10-008 -  In the Matter of the Filing by MidAmerican Energy Company for Approval of Continuation of the Incentive Gas Supply Procurement Plan (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer).

         On September 3, 2010, the Commission received an application by MidAmerican Energy Company (MidAmerican) for approval to continue its Incentive Gas Supply Procurement Plan (IGSPP). This program was initially approved by the Commission for a three-year period in 1995, and was approved for another three-year period with modifications again in 1999 and 2002. The plan was then approved for a five-year period with modifications in 2005. This filing proposes to further extend application of the plan, with modifications, to be effective for a three-year period through October 31, 2013. The IGSPP compares actual gas supply costs to a benchmark and allows for a sharing of the difference between ratepayers and MidAmerican.

         TODAY, shall the Commission approve continuation of MidAmerican's Incentive Gas Supply Procurement Program with proposed revisions, or in the alternative allow continuation of the recording of costs for inclusion in a subsequently approved plan?

2.      NG10-009 -  In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of its Revised Conservation Tracking Adjustment (Staff Analysts: Brian Rounds, Dave Jacobson, Bobbi Bourk, Staff Attorney: Karen Cremer)

         On October 1, 2010, the Commission received an application by Montana-Dakota Utilities Co. for approval of a revised Conservation Tracking Adjustment (CTA), pursuant to the terms of the Company's Conservation Program Tracking Mechanism Rate 90 tariff, for recovery of gas conservation program expenditures for the 12-month period ending August 31, 2010.

         TODAY, shall the Commission approve the Revised Tariff Sheets for service on and after November 1, 2010?

Telecommunications

1.      TC10-088 -  In the Matter of the Application of Crexendo Business Solutions, Inc. for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota (Staff Analyst: Brian Rounds, Staff Attorney: Karen Cremer)

On August 30, 2010, the Commission received an application from Crexendo Business Solutions, Inc. (Crexendo) for a certificate of authority to provide interexchange telecommunications services and local exchange services. Crexendo intends to provide interexchange services on a statewide basis, and local exchange services throughout South Dakota in the areas serviced by any ILECs in South Dakota that are not eligible for a small or rural carrier exemption pursuant to Section 251(f)(1) of the Federal Act. Crexendo does not seek to provide services to customers in those small or rural territories at this time.

            TODAY, shall the Commission grant a Certificate of Authority to Crexendo Business Solutions, Inc.?

2.      TC10-089 - In the Matter of the Filing for Approval of a Wireline Interconnection Agreement between Qwest Corporation and Liberty Bell Telecom, LLC for the State of South Dakota (Staff Attorney: Kara Semmler).

         On September 1, 2010, the Commission received a filing for approval of a wireline interconnection agreement between Qwest Corporation and Liberty Bell Telecom, LLC for the state of South Dakota. Any party wishing to comment may do so by filing written comments with the Commission and the parties to the Agreement no later than September 21, 2010. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments.

         TODAY, shall the Commission approve the interconnection agreement?

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. At its regular Commission Meeting on October 12, 2010, Intervention was granted to South Dakota Telecommunications Association and Golden West Telecommunications. On October 14, 2010, James Valley Wireless filed a Petition to Intervene.

         Today, shall the Commission grant intervention to James Valley Wireless?

4.      TC10-092 -  In the Matter of the Approval of an Interconnection Agreement By and Between Interstate Telecommunications Cooperative and MCC Telephony of the Midwest, LLC (Staff Attorney: Kara Semmler).

         On September 30, 2010, the Commission received a filing for approval of an interconnection agreement between Interstate Telecommunications Cooperative and MCC Telephony of the Midwest, LLC for the state of South Dakota. Any party wishing to comment may do so by filing written comments with the Commission and the parties to the Agreement no later than October 20, 2010. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments.

         TODAY, shall the Commission approve the interconnection agreement?

Items for Commission Discussion

Announcements

  1. 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.
  2. 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.
  3. 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.
  4. The next regularly scheduled commission meeting will be held Tuesday, November 9, 2010, at 9:30 a.m. CST, in Room 413 of the State Capitol, Pierre, S.D.
  5. The Public Utilities Commission offices will be closed Thursday, November 11, 2010, in observance of Veterans Day.
  6. Commissioners and staff will attend the annual meeting of the National Association of Regulatory Utility Commissioners, November 14-17, 2010, in Atlanta, Ga.
  7. Commission meetings are scheduled for November 23 and December 7, 2010.
  8. 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.
  9. 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 19, 2010