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South Dakota Public Utilities Commission Meeting
June 28, 2011, 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, June 27, 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 

Administration

1.     Approval of the Minutes of the Commission Meeting Held on May 17, 2011. (Staff: Lennis Axdahl)  

2.     Approval of the Minutes of the Commission Meeting Held on May 31, 2011. (Staff: Lennis Axdahl) 

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: 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.  The parties have advised that they expect to file a Joint Motion for Approval of the Settlement Stipulation and associated tariff sheets on or before June 24, 2011. 

     TODAY, Shall the Commission grant the Joint Motion for Approval of the Settlement Stipulation and approve the rates, terms and conditions stipulated therein? 

2.     EL11-002     In the Matter of the Application of Black Hills Power, Inc. for Approval of Energy Efficiency Programs, Tariffs, and Cost Recovery Mechanism (Staff Analysts: Brian Rounds, Ross Pedersen, Staff Attorney: Ryan Soye)

On January 26, 2011, the Commission received an application from Black Hills Power, Inc. (BHP) requesting the Commission approve new energy efficiency programs, tariff revisions, and a cost recovery mechanism. BHP proposes to implement a new three-year Energy Efficiency Solutions Plan that expands on the company's current energy efficiency efforts. The proposed program will implement separate rates for residential and non-residential customer classes. BHP proposes to recover the costs of the Energy Efficiency Solutions Plan through a tariff mechanism to provide for concurrent recovery of costs incurred to implement the plan and to provide the company with an incentive to promote energy efficiency programs. The costs associated with this program would appear as a separate line item on customer bills. 

     TODAY, shall the Commission approve Black Hills Power's Energy Efficiency Solutions Plan and authorize the Energy Efficiency Solutions Adjustment rate, effective September 1, 2011, as set forth in the proposed tariff sheets? OR, how shall the Commission proceed? 

3.     EL11-011     In the Matter of the Joint Request for an Electric Service Rights Exception between Xcel Energy, Inc. and Central Electric Cooperative, Inc. (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye) 

On May 23, 2011, Xcel Energy and Central Electric Cooperative jointly filed a request for Commission approval of an electric service territory exception. If approved, Xcel Energy will provide service for two customers currently located within the service territory of Central Electric Cooperative in Miner County, South Dakota. 

     TODAY, shall the Commission approve the agreement for an exception to the established service territories of Xcel Energy and Central Electric Cooperative? 

Telecommunications 

1.     TC11-016     In the Matter of the Application of ONLINE SAVINGS, Inc. for a Certificate of Authority to Provide Interexchange Long Distance Services (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer) 

On April 25, 2011, ONLINE SAVINGS, INC. (ONLINE) filed an application for a certificate of authority to provide intrastate interexchange telecommunications services within South Dakota through the resale of similar services offered by other interexchange carriers in the state. ONLINE intends to operate exclusively as a reseller to provide interexchange services on a statewide basis.  

     TODAY, shall the Commission approve the Certificate of Authority for ONLINE? 

2.     TC11-024     In the Matter of the Request of Hills Telephone Company, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Staff Analyst: Brittany Mehlhaff, Staff Attorney: Kara Semmler) 

On May 17, 2011, the Commission received an application from Hills 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 2012. 

     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? 

3.     TC11-028     In The Matter of the Request of Kennebec Telephone Company, Inc. for Certification Regarding its use of Federal Universal Service Support (Staff Analyst: Brittany Mehlhaff, Staff Attorney: Kara Semmler) 

On May 20, 2011, the Commission received an application from Kennebec Telephone Company, 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 2012. 

     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? 

4.     TC11-031     In the Matter of the Request of TrioTel Communications, Inc. for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Jon Thurber, Staff Attorney: Kara Semmler) 

On May 23, 2011, the Commission received an application from TrioTel Communications, 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 2012. 

     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? 

5.     TC11-034     In the Matter of the Request of Venture Communications Cooperative for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Brittany Mehlhaff, Staff Attorney: Kara Semmler) 

On May 23, 2011, 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 2012. 

     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? 

6.     TC11-050     In the Matter of the Filing by Knology of the Plains, Inc. for Approval of its Intrastate Switched Access Tariff (Staff Analyst: Chris Daugaard, Staff Attorney: Karen Cremer) 

On May 27, 2011, the Commission received a petition from Knology of the Plains, Inc. requesting approval of its intrastate switched access tariff rates.  The filing is made in compliance with the Commission's Order in RM05-002 requiring CLECs to conform to the rates of the Regional Bell Operating Company. 

     TODAY, shall the Commission approve the revised intrastate switched access tariff? 

7.     TC11-068     In the Matter of the Filing by RC Communications, Inc. dba RC Services for Approval of its Intrastate Switched Access Tariff (Staff Analyst: Chris Daugaard, Staff Attorney: Kara Semmler) 

On May 27, 2011, the Commission received a petition from RC Communications, Inc. dba RC Services requesting approval of its intrastate switched access tariff rates. The filing is made in compliance with the Commission's Order in RM05-002 requiring CLECs to conform to the rates of the Regional Bell Operating Company. 

     TODAY, shall the Commission approve the revised intrastate switched access tariff? 

Leadership 

1.     Election of a Chairperson of the Commission. (General Counsel: John Smith) 

South Dakota Codified Law 49-1-8 states in part that, "The members of the Commission shall elect a chairperson by majority vote and prescribe his duties." Traditionally, the three Commissioners have elected a Chairperson and a Vice Chairperson every two years. SDCL 49-1-12 requires that, "Every vote and official action of the Public Utilities Commission shall be entered of record and its proceedings shall be public upon the request of either party or any person interested." Accordingly, the determination of the Commission's leadership structure shall be made at this public meeting. 

     TODAY, how shall the Commission provide for its Executive Leadership? 

Items for Commission Discussion 

Announcements 

  1. The next regularly scheduled commission meeting will be held Tuesday, July 12, 2011, at 9:30 a.m., CDT, in Room 413 at the State Capitol Building, Pierre, S.D.  
  2. Commission meetings are scheduled for July 26 and August 9, 2011.
  3. A hearing in docket TC10-090 will be held Wednesday, July 27, and Thursday, July 28, 2011, beginning at 9:00 a.m., CDT, each day in Room 413 at the State Capitol Building, Pierre, S.D.  
  4. Commissioners and staff will attend the Sioux Empire Fair, August 9-14, 2011, at the W.H. Lyons Fairgrounds in Sioux Falls, S.D. 
  5. Commissioners and staff will attend the Brown County Fair, August 17-21, 2011, at the Brown County Fairgrounds in Aberdeen, S.D.
  6. Commissioners and staff will attend the South Dakota Association of Telephone Cooperatives annual meeting August 21-23, 2011, at the Ramkota in Aberdeen, S.D.
  7. Commissioners and staff will attend the South Dakota State Fair, September 1-5, 2011, at the South Dakota State Fairgrounds in Huron, S.D.

 

/S/ Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
June 7, 2011