Consumer Assistance | Energy | Telecom | Warehouse | Commission Actions | Miscellaneous
arrow Commission Agendas | previous page

South Dakota Public Utilities Commission Meeting
November 9, 2010, at 9:30 A.M. CST
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. CST on Monday November 8, 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 Meeting 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 October 12, 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.      EL10-012 - In the Matter of the Petition of Northern States Power Company dba Xcel Energy Regarding the 2011 Environmental Cost Recovery Rider and 2010 ECR Tracker Report (Staff Analysts:  Bob Knadle, Jon Thurber, Brittany Mehlhaff, Staff Attorney: Ryan Soye)

         On September 3, 2010, the Commission received a petition from Northern States Power Company dba Xcel Energy (Xcel) for approval of a revised Environmental Cost Recovery Rider Adjustment Factor for 2011 and approval of the tracker report for approved environmental expenditures and revenues received since the implementation of the first adjustment factor that became effective on February 1, 2009. The Company proposes a January 1, 2011, effective date.

         TODAY, shall the Commission assess a filing fee in the amount of $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date? AND, shall the Commission give the Executive Director authority to enter necessary consulting contracts having a total amount not to exceed $40,000?

2.      EL10-014 - In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of its 2011 Transmission Cost Recovery Eligibility and Rate Adjustment (Staff Analysts:  Jon Thurber, Bob Knadle, Dave Jacobson, Brittany Mehlhaff, Staff Attorneys: Ryan Soye, Kara Semmler)

         On October 6, 2010, the Commission received a petition from Northern States Power Company dba Xcel Energy for approval of its 2011 transmission cost recovery eligibility and rate adjustment.

            TODAY, shall the Commission assess a filing fee in the amount of $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date? AND, shall the Commission give the Executive Director authority to enter necessary consulting contracts having a total amount not to exceed $40,000?

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 subsequently approved plan?

Telecommunications

1.      TC08-122 - In the Matter of the Petition of Cheyenne River Sioux Tribe Telephone Authority for Arbitration Pursuant to the Telecommunications Act of 1996 to Resolve Issues Relating to an Interconnection Agreement with Alltel Communications, LLC. (Staff Analyst: Jon Thurber, Staff Attorney: Karen Cremer)

         On October 21, 2008, Cheyenne River Sioux Tribe Telephone Authority (CRST) filed a petition for arbitration of certain unresolved terms and conditions of a proposed Interconnection and Reciprocal Compensation Agreement (Agreement) between CRST and Alltel Communications, LLC (Alltel), pursuant to Section 252 of the Telecommunications Act of 1996, SDCL 49-31-81, and ARSD 20:10:32:29. CRST filed a list of unresolved issues and requested relief. On December 4, 2008, the parties filed a Stipulation to Joint Proposed Procedural Schedule. The Procedural Schedule was approved at the January 27, 2009, commission meeting. On June 9, 2009, Alltel filed a Motion to Strike and Brief. On June 15, 2009, a Joint Stipulation and Proposed Procedural Schedule was filed. On June 25, 2009, the Commission received a request from Alltel to withdraw the Motion to Strike. On May 17, 2010, the Commission received for approval the Reciprocal Interconnection, Transport and Termination Agreement between Cheyenne River Sioux Tribe Telephone Authority, (CRST) and AlItel Communications, LLC, (AlItel). On November 1, 2010, the parties filed a Joint Stipulation to Dismiss with Prejudice.

         TODAY, Shall the Commission dismiss with prejudice and close the docket?

2.      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.?

3.      TC10-091 - In the Matter of the Application of Mobilitie, LLC for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota (Staff Analyst: Bobbi Bourk, Staff Attorney: Karen Cremer)

         On September 22, 2010, the Commission received a petition from Mobilitie, LLC (Mobilitie) for a certificate of authority to provide interexchange telecommunications services and local exchange services. The applicant intends to provide interexchange services on a statewide basis and local services in the areas served by Qwest Corporation in the state of South Dakota.

         TODAY, shall the Commission grant a Certificate of Authority to Mobilitie, LLC?

4.      TC10-093 - In the Matter of the Filing for Approval of an Amendment No. 2 to the Reciprocal Transport and Termination Agreement Between Venture Communications Cooperative, Inc. and Commnet Cellular (Staff Attorney:  Kara Semmler)

         On October 19, 2010, the Commission received a filing for approval of an amendment No. 2 to the reciprocal transport and termination agreement between Venture Communications Cooperative, Inc. and Commnet Cellular. Any party wishing to comment may do so by filing written comments with the Commission and the parties to the Agreement no later than November 8, 2010. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments. No comments have been filed.

         TODAY, shall the Commission approve the Interconnection Agreement?

Rule Making

1.      RM05-002 - In the Matter of Revisions and/or Additions to the Commission's Switched Access Rules Codified in ARSD 20:10:27 through 20:10:29 (Staff Attorney: Karen Cremer)

         On December 14, 2005, the Commission opened this rulemaking docket regarding switched access rules. In petitions for intervention filed by interexchange carriers in all of the switched access revenue requirement dockets pending before the Commission, petitioners alleged deficiencies in the cost study methodologies embodied in the Commission's rules as applied by local exchange carriers. Petitioners indicated in their filings that their concerns involve industry-wide policy issues, such as the proper regulatory treatment of investments in joint-use plant serving both regulated and unregulated services. Petitioners suggested that a rulemaking proceeding might be the appropriate mechanism for consideration of these issues of general applicability. On October 14, 2010, the Commission received a request from Midcontinent, on behalf of itself, Verizon and Sprint, to establish a procedural schedule in this rulemaking docket.

         TODAY, how shall the Commission proceed?

Items for Commission Discussion

Announcements

  1. The Public Utilities Commission offices will be closed Thursday, November 11, 2010, in observance of Veterans Day.
  2. Commissioners and staff will attend the annual meeting of the National Association of Regulatory Utility Commissioners, November 14-17, 2010, in Atlanta, Ga.
  3. The next regularly scheduled commission meeting will be held Tuesday, November 23, 2010, at 9:30 a.m., CST, in Room 413 at the State Capitol Building, Pierre, S.D.
  4. 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 Building, Pierre, S.D.
  5. The Public Utilities Commission offices will be closed Thursday, November 25, 2010, in observance of Thanksgiving.
  6. Commissioners and Staff will meet with representatives of the South Dakota Electric Utility Companies on Monday, December 6, 2010, at 12:00 p.m. CST at the Associated General Contractors office in Pierre, S.D.
  7. Commission meetings are scheduled for December 7 and 21, 2010.
  8. Commissioners and staff will attend the South Dakota Telecommunications Association/Public Utilities Commission biannual forum December 13-14, 2010, in Sioux Falls, S.D.
  9. The Public Utilities Commission offices will be closed Friday, December 24, 2010, in observance of Christmas.
  10. The Public Utilities Commission offices will be closed Friday, December 31, 2010, in observance of New Year's Day.

 /S/ Cindy Kemnitz        
Cindy Kemnitz
Finance Manager
puc@state.sd.us
November 2, 2010