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South Dakota Public Utilities Commission Meeting
January 18, 2011, at 2:30 P.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 9:00 a.m. CST on Tuesday, January 18, 2011. 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

Consumer Reports

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

Electric

1.      EL10-016        In the Matter of the Application of Great River Energy and Northern States Power Company d/b/a Xcel Energy for a Permit to Construct a 10.6 Mile, 345 kV Transmission Line (CapX2020) in Brookings County Near White, South Dakota (Staff Analysts: Brian Rounds, Joshua Williams, Ross Pedersen, Chris Daugaard, Staff Attorneys: Karen Cremer, Ryan Soye)  

         On November 23, 2010, the Commission received an application from Great River Energy and Northern States Power Company d/b/a Xcel Energy for a permit to construct a 10.6 mile, 345 kV transmission line in Brookings County near White, South Dakota. On January 10, 2011, the Brookings County Commission filed an Application for Party Status.

          TODAY, shall the Commission grant intervention to any party that may have filed?

Telecommunications

1.      TC10-026           In the Matter of a Complaint Filed by Sprint Communications Company, LP Against Native American Telecom, LLC Regarding Telecommunications Services (Staff Analyst: David Jacobson, Staff Attorney: Karen Cremer)

         On May 4, 2010, the Commission received a complaint from Sprint Communications Company, LP (Sprint) against Native American Telecom, LLC (NAT), in which Sprint seeks: 1) a determination that the Public Utilities Commission (Commission) has the sole authority to regulate Sprint's intrastate interexchange services and that NAT lacks authority to bill Sprint for switched access services without a Certificate of Authority and valid tariff on file with the Commission; 2) a declaration that because the Commission has the sole authority over Sprint's intrastate interexchange services, the Crow Creek Sioux Tribe Utility Authority is without jurisdiction over Sprint; and 3) a determination that NAT must repay Sprint the amounts it inadvertently paid NAT for unauthorized and illegal switched access charges. On May 5, 2010, Sprint filed an Amended Complaint. On May 20, 2010, South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene. On May 21, 2010, Petitions to Intervene by South Dakota Network, LLC (SDN), Midstate Communications (Midstate) and AT&T Communications of the Midwest, Inc., (AT&T) were filed. On June 1, 2010, NAT filed a Motion to Dismiss and a Motion to Establish Briefing Schedule for Respondent's Motion to Dismiss. On June 4, 2010, Sprint filed its Response to Crow Creek Sioux Tribe Utility Authority's (CCSTUA) Motion to Dismiss, or in the Alternative, Petition to Intervene. On June 7, 2010, CCSTUA filed a Motion to Dismiss or in the Alternative Petition to Intervene.  At its regularly scheduled meeting on June 18, 2010, the Commission granted Petitions to Intervene to all parties.  At its regularly scheduled meeting on August 10, 2010, the Commission voted to require that the Motion to Dismiss and Motion to Stay be briefed during the same briefing schedule. On October 12, 2010, NAT filed a Motion to Extend Filing Date of NAT's Reply Brief. On October, 13, 2010, Sprint filed a Stipulation to NAT's Request for Additional Time to File Reply Briefs in Support of its Motions to Stay and to Dismiss. On October 26, 2010, NAT filed a reply brief in support of the Motion to Stay/Motion to Dismiss. On October 26, 2010, a Second Declaration of Scott R. Swier in Support of Respondent NAT's Motion to Stay/Motion to Dismiss was filed. On November 15, 2010, staff filed a Brief in Response to NAT's Motion to Stay and Motion to Dismiss. On December 6, 2010, Sprint filed a Reply to Staff's Brief in Response to NAT's Motion to Stay and Motion to Dismiss. On December 6, 2010, the Intervening Parties' Filed a Brief in Response to Staff's Brief to Motion for Stay and Motion to Dismiss. On December 7, 2010, NAT filed a Reply to Staff Brief in Response to Motion to Stay and Motion to Dismiss. On December 13, 2010, Sprint filed a Motion for Leave to File a Supplemental Reply to NAT's Reply Brief, or to Strike. On December 13, 2010, a Supplemental Reply Brief of Sprint was filed. On January 10, 2011, NAT filed a Response to Sprint's Motion for Leave to File a Supplemental Reply to NAT's Reply Brief, or to Strike.

          TODAY, shall the Commission grant Sprint's Motion for Leave to File a Supplemental Reply to NAT's Reply Brief or to Strike?

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.     In the Matter of Failure of Certain Telecommunications Companies to Timely File the Gross Receipts Tax (Finance Manager: Cindy Kemnitz)

The following companies have failed to timely file their gross receipts tax as required by SDCL49-1A:

Long Distance providers that have not filed or paid:

CVC CLEC, LLC

Uni-Tel Communications Group, Inc.

         TODAY, shall the Commission issue an Order to Show Cause as to why the Commission should not fine, or suspend or revoke the certificates of authority of each of these companies for failure to pay the requisite gross receipts tax?

Items for Commission Discussion

Announcements

1. Commissioners and staff will attend the annual Mid-America Regulatory Conference Commissioners Retreat, January 13-15, 2011, in San Antonio, Texas.

2.   The Public Utilities Commission offices will be closed Monday, January 17, 2011, in observance of Martin Luther King, Jr., Day. 

3.   A hearing in docket RM05-002 will be held Thursday, January 20, 2011, beginning at 1:00 p.m., CST, in Room 464 at the State Capitol Building, Pierre, S.D.

4.   An Open House for Legislators will be held on Wednesday, January 26, 2011, from 7:30 to 11:00 a.m., in the Commission's office at the State Capitol Building, Pierre, S.D.

5.   The next regularly scheduled commission meeting will be held Tuesday, February 1, 2011, at 2:30 p.m., CST, in Room 413 at the State Capitol Building, Pierre, S.D.

6.   Commissioners and staff will attend the annual Winter Committee Meetings of the National Association of Regulatory Utility Commissioners, February 13-16, 2011, in Washington, D.C.

7.   The Public Utilities Commission offices will be closed Monday, February 21, 2011, in observance of Presidents' Day.

8.   Commission meetings are scheduled for February 22 and March 8, 2011.

9.   Commissioners and staff will attend the Sioux Empire Home Show, March 4-6, 2011, at the Sioux Falls Convention Center, Sioux Falls, S.D.

10. Commissioners and staff will attend the South Dakota/North Dakota Pipeline Safety Operator Training, March 15-17, 2011, at the Hilton Garden Inn, Sioux Falls, S.D.

 /S/ Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
January 11, 2011