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South Dakota Public Utilities Commission Meeting
July 12, 2011, at 9:30 A.M. CDT
Room 412, 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, July 11, 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, May 31, 2011, June 14, 2011, and June 28, 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.     EL11-019 - In the Matter of the Application of Northern States Power Company dba Xcel Energy for Authority to Increase its Electric Rates (Staff Analysts: Jon Thurber, Bobbi Bourk, Brittany Mehlhaff Brian Rounds, Staff Attorney: Karen Cremer)

On June 30, 2011, the Commission received an application by Northern States Power Company dba Xcel Energy (Xcel) for approval to increase rates for electric service to customers in its South Dakota service territory by approximately $14. 6 million annually or approximately 9.28% based on Xcel's 2010 test year. In addition, Xcel is proposing to recover approximately $1 million of ongoing investments in its Monticello nuclear generating plant through a Nuclear Cost Recovery Rider to go into effect with the final rates. The Company states a typical residential electric customer using 750 kWh per month would see an increase of 9.48%, or $6.93 per month. The proposed rates may potentially affect approximately 84,000 customers in Xcel's South Dakota service territory.

     TODAY, shall the Commission suspend the imposition of the tariff for 180 days beyond June 30, 2011? AND, shall the Commission assess a filing fee for actual expenses not to exceed $125,000?

Telecommunications

1.     TC08-128- In the Matter of the Filing by OrbitCom, Inc. for Approval of Revisions to its Switched Access Services Tariff (Staff Analyst: Jon Thurber, Staff Attorney: Karen Cremer)

On November 12, 2008, OrbitCom filed a petition requesting to change its switched access rates.  OrbitCom seeks to change its current switched access rates, which mirror Qwest rates, to the rates charged by other similarly situated competitive local exchange carriers. In TC11-074, filed on June 21, 2011, OrbitCom, Inc., (OrbitCom) filed an application for approval of the company's switched access Tariff No. 2, to replace original Tariff No. 1.

     TODAY, shall the Commission dismiss and close this docket?

2.     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?    

3.     TC11-027 - In the Matter of the Application of Residential Long Distance, Inc. for a Certificate of Authority to Provide Interexchange Long Distance Services (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)

On May 19, 2011, Residential Long Distance, Inc. filed an application for a certificate of authority to provide intrastate telecommunications services within South Dakota. Applicant is a reseller which intends to offer interexchange services, including 1+ dialing and directory assistance.

     TODAY, shall the Commission approve the Certificate of Authority for Residential Long Distance, Inc.?

4.     TC11-062 - In the Matter of the Request of RCC Minnesota, Inc. dba Verizon Wireless for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Chris Daugaard, Staff Attorney: Kara Semmler)

On May 31, 2011, the Commission received an application from RCC Minnesota, Inc. dba Verizon Wireless 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.  On June 17, 2011, South Dakota Telecommunications Association filed a Petition to intervene with the Commission.

     TODAY, shall the Commission grant Intervention to South Dakota Telecommunications Association?      

5.      TC11-063 - In the Matter of the Request of WWC License LLC dba Verizon Wireless for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst:  Brian Rounds, Staff Attorney:  Kara Semmler)

On May 31, 2011, the Commission received an application from WWC License LLC dba Verizon Wireless 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. On June 17, 2011, South Dakota Telecommunications Association file a Petition to Intervene with the Commission.

     TODAY, shall the Commission grant Intervention to South Dakota Telecommunications Association?      

6.     TC11-067 - In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement Between Qwest Corporation and MCC Telephony of the Midwest, LLC dba Mediacom  (Staff Attorney: Kara Semmler)

On June 3, 2011, the Commission received a filing for approval of an Amendment to an Interconnection Agreement between Qwest Corporation and MCC Telephony of the Midwest, LLC dba Mediacom. Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than June 27, 2011. Parties to the Agreement may file written responses to the comments no later than twenty days after service of the initial comments.

     TODAY, shall the Commission grant the Interconnection agreement between Qwest Corporation and MCC Telephony of the Midwest, LLC dba Mediacom?

7.     TC11-069 - In the Matter of the Filing by South Dakota Network, LLC for an Extension of an Exemption from Developing Company Specific Cost-Based Switched Access Rates (Staff Analyst: Brian Rounds, Staff Attorney: Kara Semmler)

On June 7, 2011, South Dakota Network, LLC (SDN) filed an application for waiver of the requirement to file a switched access cost study as required by Commission rule ARSD 20:10:27:07. SDN requests the waiver of the cost study requirement because of the costs and resources involved in producing a study and indicated that a preliminary analysis indicates that a cost study would support higher rates. On June 24, 2011, the Commission received Petitions to Intervene by Sprint Communications Company LP, AT&T Communications of the Midwest, Inc., and MCI Communication Services Inc. d/b/a Verizon Business Services.

     TODAY, shall the Commission grant intervention to all parties?

8.     TC11-073 - In the Matter of the Filing by SSTELECOM, Inc. for Approval of its Intrastate Switched Access Tariff (Staff Analyst: Brian Rounds, Staff Attorney: Kara Semmler)

On June 15, 2011, the Commission received a filing by SSTELECOM, Inc. for approval of its intrastate switched access tariff rates and the proposed revised switched access services tariff pages. The revisions are being implemented to reduce SSTELECOM's switched access rates by $0.054580 per minute and requests an effective May 30, 2011.

     TODAY, shall the Commission approve SSTELECOM's intrastate switched access tariff rates and the proposed revised switched access tariff pages?

9.     TC11-075 - In the Matter of the Filing by Midstate Telecom, Inc. for Approval of its Intrastate Switched Access Tariff and for a Phase-In Period (Staff Analyst: Brian Rounds, Staff Attorney: Karen Cremer)

On June 22, 2011, Midstate Telecom, Inc. (Midstate) filed a petition for approval of its new intrastate switched access rates. Per ARSD 20:10:27:02.02, Midstate requested the Commission approve a higher rate than allowed under ARSD 20:10:27:02.01 and filed a cost study in support of the higher rate. Midstate also requested a phase-in period in which their current rate would be approved until November 30, 2011, after which the requested rate would go into effect. On June 24, 2011, MCI Communications Services Inc. d\b\a Verizon Business Services filed a Petition to Intervene. On June 28, 2011, Midcontinent Communications filed a Petition to Intervene and on June 30, 2011, Qwest Communications Company, LLC filed a Petition to Intervene.

     TODAY, shall the Commission grant intervention to all parties?

Items for Commission Discussion

Announcements

  1. The next regularly scheduled commission meeting will be held Tuesday, July 26, 2011, at 9:30 a.m., CDT, in Room 413 at the State Capitol Building, Pierre, S.D.

  2. 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.

  3. Commission meetings are scheduled for August 9 and 24, 2011.

  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

July 5, 2011