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South Dakota Public Utilities Commission Meeting
October 11, 2011, at 1:30 P.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 10:00 a.m. CDT on Tuesday, October 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 

Consumer Reports

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

Electric

1.    EL11-013    In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval to Establish a Demand Side Management Program and Cost Recovery Tariff and for Approval of its 2011 Planned Costs to be included in its rates (Staff Analyst: Brian Rounds, Ross Pedersen, Staff Attorney: Karen Cremer)

On May 27, 2011, Xcel Energy filed a request to add new programs to its Demand Side Management (DSM) offering. Program expansion costs would be recovered through a Demand Side Management Cost Adjustment Factor to be included in rates. Xcel also requested that this DSM Plan replace the proposal the Company filed on December 31, 2009, in Docket EL09-030.

    TODAY, Shall the Commission approve Xcel's proposed Demand-Side Management plan, Cost Recovery Tariff, incentive mechanism and rate? OR how shall the Commission proceed?

Telecommunications

1.    TC06-159    In the Matter of the Petition of Venture Communications Cooperative for Arbitration pursuant to the Telecommunications Act of 1996 to Resolve Issues Relating to an Interconnection Agreement with Alltel Communications, Inc. (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)

On September 14, 2006, Venture Communications Cooperative (Venture) filed a petition for arbitration of certain unresolved terms and conditions of a proposed Interconnection Agreement between Venture and Alltel Communications, Inc. (Alltel), pursuant to Section 252 of the Telecommunications Act of 1934, as amended (the Act) (47 U.S.C. Section 252), SDCL 49-31-81, and ARSD 20:10:32:29. Venture filed a list of unresolved issues consisting of: (1) the definition of InterMTA Tariff, (2) the definition of Third Party Provider, (3) the definition of Wireline Local Calling Area, (4) ISP bound traffic, (5) Resale of Service, (6) concerning interconnection facilities between the Parties, (7) SS7 Messages, (8) concerning land to mobile traffic-direct interconnection, (9) Dialing Parity, (10) Telecommunications Traffic, (11) InterMTA Traffic, (12) Venture Provided Direct Interconnection Facilities, (13) Bill and Keep, (14) Billing and Payment, (15) Regulatory Approval, and (16) Rates and Factors. Venture "respectively requests that the Commission grant the following relief: 1. Order arbitration of the unresolved issues identified in this Petition between Venture and Alltel; 2. Issue an order directing Venture and Alltel to submit to the Commission for approval an interconnection agreement reflecting: (i) the agreed-upon language in Exhibit 1 and (ii) the resolution in this arbitration proceeding of any unresolved issues in accordance with the recommendations made by Venture herein, at the hearing on such issues, and in Exhibit 1; 3. Order the Parties to pay interim compensation for transport and termination of telecommunications traffic from January 1, 2006 (the Effective Date set forth in Exhibit 1) to the date on which the Commission approves the Parties' executed Agreement in accordance with Section 252(e) of the Act; 4. Retain jurisdiction of this arbitration until the Parties have submitted an executed interconnection agreement for approval by the Commission; and 5. Take such other and further action as it deems necessary and appropriate." On September 13, 2011, the Commission received a Joint Stipulation requesting this docket be dismissed with prejudice.

    TODAY, shall the Commission grant the request to dismiss all claims with prejudice?

2.    TC07-114    In the Matter of the Petition of Kennebec Telephone Company for Arbitration Pursuant to the Telecommunications Act of 1996 to Resolve Issues Relating to an Interconnection Agreement with Alltel Communications, Inc. (Staff Attorney: Karen Cremer)

On October 19, 2007, Kennebec Telephone Company filed a petition for arbitration of certain unresolved terms and conditions of a proposed Interconnection Agreement with Alltel Communications, Inc. (Alltel), pursuant to Section 252 of the Telecommunications Act of 1996, SDCL 49-31-81, and ARSD 20:10:32:29. Kennebec Telephone Company filed a list of unresolved issues and requested relief in accordance with ARSD 20:10:32:30. On September 28, 2011, the parties filed a joint letter requesting the Commission close this docket as it is moot.

    TODAY, shall the Commission dismiss and close this docket?

3.    TC11-057    In the Matter of the Application of WiMacTel, Inc. for a Certificate of Authority to Provide Interexchange Long Distance Services in South Dakota (Staff Analyst: Chris Daugaard, Staff Attorney: Karen Cremer)

On May 31, 2011, the Commission received an application from WiMacTel, Inc. for a certificate of authority to provide interexchange long distance services in South Dakota and WiMacTel, Inc. intends to provide alternative operator services.

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

4.    TC11-084    In the Matter of Qwest Corporation and Broadvox-CLEC, LLC Request for an Amendment to the Wireline Interconnection Agreement (Staff Attorney: Karen Cremer)

On September 9, 2011, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of an Amendment to add terms, and conditions for Single Point of Presence in the LATA, between Qwest Corporation and Broadvox-CLEC, LLC. The Amendment shall be deemed effective upon approval by the Commission.

    TODAY, shall the Commission approve the amendment to the interconnection agreement?

5.    TC11-085    In the Matter of the Approval of a Type 2 Wireless Interconnection Agreement between Qwest Corporation and 365 Wireless, LLC for the State of South Dakota (Staff Attorney: Karen Cremer)

On September 13, 2011, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of a Type 2 Wireless Interconnection Agreement between Qwest Corporation and 365 Wireless, LLC.

    TODAY, shall the Commission approve the interconnection agreement?

Items for Commission Discussion

Announcements 

  1. Commissioners will attend the South Dakota Municipal League annual conference, Wednesday, October 5, at the Ramkota Conference Center, Sioux Falls, S.D.

  2. Commissioners will attend the West Central Electric Cooperative annual meeting, Wednesday, October 5, at 5:30 p.m. CDT in the City Auditorium, Presho, S.D.

  3. The Public Utilities Commission offices will be closed Monday, October 10, 2011, in observance of Native American Day.

  4. A public hearing in NG11-003 will be held Monday, October 17, 2011, at 7 p.m. CDT in the City Hall Basement Meeting Room, 401 Main St., Scotland, S.D.

  5. The next regularly scheduled commission meeting will be held Tuesday, October 25, 2011, at 9:30 a.m. CDT, in Room 412 at the State Capitol Building, Pierre, S.D.

  6. Commissioners and staff will meet with representatives of Black Hills Power on Wednesday, October 26, 2011, at 10 a.m. CDT in Room 413 at the State Capitol Building in Pierre, S.D. to discuss new EPA regulations.

  7. Commissioners and staff will meet with representatives of Otter Tail Power Company on Thursday, October 27, 2011, at 11:30 a.m. CDT for an informational tour at the Big Stone Power Plant near Big Stone City, S.D.

  8. Commission meetings are scheduled for November 8 and 22, 2011.

 

/S/ Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
September 20, 2011