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South Dakota Public Utilities Commission Meeting
June 4, 2013, at 9:30 A.M. CDT
1 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 5:00 p.m. CDT on Monday, June 3. 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 website 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 website 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.



1.     Approval of the corrected Minutes of the Commission Meeting Held on May 7, 2013 (Staff: Joy Irving)

Consumer Reports

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


1.     GW13-002     In the Matter of the Filing by South Dakota Grain & Feed Association for the Approval of a Waiver of ARSD 20:10:12:13(9) (Staff Analyst: Jim Mehlhaff; Staff Attorney: Kristen Edwards)

On May 13, 2013, the Commission received a letter from the South Dakota Grain & Feed Association requesting that a waiver of certain provisions of ARSD 20:10:12:13(9) be granted, removing the requirement that the seller of grain sign a contract for a voluntary credit sale. 

     TODAY, shall the Commission grant a waiver of ARSD 20:10:12:13(9) to all licensed grain buyers? OR, how shall the Commission proceed?


1.      TC13-035        In the Matter of the Application of Boomerang Wireless LLC dba enTouch Wireless for Designation as an Eligible Telecommunications Carrier (Staff Analyst: Robin Meyerink; Staff Attorney: Karen Cremer)

On April 22, 2013, Boomerang Wireless, LLC d/b/a enTouch Wireless filed its application for Designation as an Eligible Telecommunications Carrier for the Limited Purpose of Offering Wireless Lifeline Service to Qualified Household (Low Income Only). On May 9, 2013, South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene.

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

2.     TC13-038     In the Matter of the Application for Transfer of Certificates of Authority from Trans National Communications International, Inc. to TNCI Operating Company LLC (Staff Analysts: Robin Meyerink, David Jacobson; Staff Attorney: Karen Cremer)

On May 7, 2013, TNCI Operating Company LLC (TNCI-OpCo) and Trans National Communications International, Inc. (Debtor-in-Possession) (TNCI-DIP) (collectively, Applicants) filed a Joint Application for approval of a transfer of their Certificate of Authority. Applicants request approval or such other authority as may be necessary or required to complete a transaction whereby TNCI-OpCo would acquire the customers (including customers' contracts) and certain assets, which will include the South Dakota Certificates of TNCI-DIP, through a sale pursuant to Section 363 of the United States Bankruptcy Code (the Transaction). As a result of the Transaction, TNCI-DIP's customers will be transferred to TNCI-OpCo, which will become the service provider for those customers.

     TODAY, shall the Commission grant the Certificate of Authority to TNCI-OpCo?

Items for Commission Discussion


  1. Commissioners will attend the Sioux Valley Energy Annual Meeting Tuesday, June 4, 2013, at 6:30 p.m. CDT at West Central High School, Hartford, S.D.

  2. Commissioners and staff will attend the Mid-America Regulatory Conference annual meeting June 8-12, 2013, at the Marriott Little Rock, Little Rock, Ark.

  3. The next regularly scheduled commission meeting will be Tuesday, June 18, 2013, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.

  4. Commission meetings are scheduled for July 2 and 11, 2013.

  5. The PUC offices will be closed Thursday, July 4, 2013, in observance of Independence Day.

/S/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
May 29, 2013