South Dakota Public Utilities Commission Meeting
January 27, 2014, at 1:30 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 5:00 p.m. CST on Friday, January 24, 2014. 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 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 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.
AGENDA OF COMMISSION MEETING
1. Approval of the Minutes of the Commission Meeting Held on January 7, 2014 (Staff: Joy Lashley)
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
1. EL13-042 In the Matter of the Joint Request for an Electric Service Rights Exception between NorthWestern Corporation dba NorthWestern Energy and Bon Homme, Yankton Electric Association, Inc. (Staff Analyst: Eric Paulson; Staff Attorney: Karen Cremer)
On December 19, 2013, the Commission received a joint filing from NorthWestern Energy (NorthWestern) and Bon Homme, Yankton Electric Association, Inc. (B-Y Electric) requesting approval of a Consent and Agreement for Electric Service in Assigned Service Territory of Another Electric Supplier (Agreement). The Agreement provides a service rights exception for B-Y Electric to serve power to a customer in NorthWestern's territory.
TODAY, shall the Commission approve the Consent and Agreement for Electric Service in Assigned Service Territory of Another Electric Supplier to allow a service rights exception pursuant to SDCL § 49-34A-55?
On September 25, 2013, Commission Staff requested that the Commission open a rulemaking docket for the purpose of considering, on a statewide basis, the proper standards that should govern avoided cost determinations. Commission Staff requested that comments be filed by December 3, 2013. On October 16, 2013, the Commission issued an Order to Proceed and Request for Comments from Interested Persons. On October 22, 2013, the Commission issued an Order Establishing Comment Schedule requiring initial comments to be filed by December 3, 2013, and responsive comments to be filed by January 10, 2014. Forty-seven sets of comments were received by the Commission.
TODAY, shall the Commission proceed with a rulemaking proceeding to consider the promulgation of rules to govern PURPA QF avoided cost determinations in this state? AND, if so, what subject matter areas related to PURPA avoided cost determinations shall the Commission address in such rules? AND, shall the Commission decide at this time what the substance of such standards should be and direct staff and advisors to prepare draft rules reflecting such standards? OR, shall the Commission establish a procedure and schedule for soliciting additional comments as to the substance of such standards and rule drafts reflecting such standards from interested persons and staff?
1. TC13-109 In the Matter of Qwest Corporation dba CenturyLink QC's Petition for Approval of Non-Impaired Wire Center Lists Pursuant to the Triennial Review Remand Order (Staff Analyst: Robin Meyerink; Staff Attorney: Karen Cremer)
On September 5, 2013, Qwest Corporation dba CenturyLink QC (CenturyLink) petitioned the Commission to open an investigation to develop a Commission-approved initial list of non-impaired wire centers pursuant to the FCC's Triennial Review Remand Order, CC Docket No. 01-338, WC Docket No. 04-313 (FCC rel. February 4, 2005) and SDCL § 49-31-81. CenturyLink also filed a proposed protective agreement that it will offer to CLECs wishing to see the supporting information it files.
TODAY, shall the Commission adopt and implement a process for consideration of approval of CenturyLink's initial list of non-impaired wire centers and future updated lists? And, shall the Commission grant CenturyLink's request for a Protective Order requiring any party to comply with the Confidentiality Agreement? Or, how shall the Commission proceed?
On December 3, 2013, the Commission received an application from Broadvox-CLEC, LLC (Broadvox). This filing proposes to modify language in its switched access tariff. On December 20, 2013, AT&T Corp. filed a petition to intervene and requested to suspend the tariff and investigate. On December 30, 2013, Broadvox filed confirmation of the receipt of the petition to intervene and stated a response to the petition to intervene will be filed by January 24, 2014.
TODAY, shall the Commission grant intervention to AT&T Corp.? AND, pursuant to SDCL § 49-31-12.4, shall the Commission suspend the tariff for 120 days beyond the proposed effective date?
3. TC13-138 In the Matter of the Application of ANPI, LLC for a Certificate of Authority to Provide Local Exchange Services and Internet Protocol in South Dakota (Staff Analyst: Robin Meyerink; Staff Attorney: Karen Cremer)
On December 13, 2013, the Commission received an application from ANPI, LLC, (ANPI) requesting a Certificate of Authority for ANPI to provide Resold Local Exchange Telecommunications Services and Internet Protocol-enhanced telecommunications services on a wholesale basis only within the territories and exchanges of CenturyLink in the State of South Dakota. ANPI was formerly Associated Network Partners, Inc. which was granted authorization by this Commission to provide Interexchange telecommunications services in South Dakota in Docket No. TC97-048. ANPI now wishes to expand its authority in South Dakota to include resold competitive local exchange telecommunications services and Internet Protocol-enhanced telecommunications services on a wholesale basis only.
TODAY, shall the Commission grant the application of ANPI, LLC for a Certificate of Authority to provide local exchange services in South Dakota?
Items for Commission Discussion
- Commissioners and staff will meet with representatives of NorthWestern Energy on Wednesday, January 22, 2014, at 9:30 a.m. CST in the Floyd Matthew Training Center/Foss Building, 523 E. Capitol Avenue in Pierre, S.D. The agenda is to discuss the company's finance department overview, wholesale operations, South Dakota operations and customer care.
- Commissioners and staff will meet with representatives of Black Hills Power on Wednesday, January 22, 2014, at 2:00 p.m. CST in the South Dakota Education Association Auditorium, 411 E. Capitol Avenue in Pierre, S.D. The agenda is to discuss a general company business overview, customer service and NERC compliance.
- Commissioners and staff will meet with representatives of Xcel Energy on Tuesday, January 28, 2014, at 10:30 a.m. CST in the Floyd Matthew Training Center/Foss Building, 523 E. Capitol Avenue in Pierre, S.D. The agenda is to discuss the company's distribution planning process and the benefits and costs of participating in MISO.
- The next regularly scheduled commission meeting will be Tuesday, February 4, 2014, at 2:30 p.m. CST in Room 414 at the State Capitol Building, Pierre, S.D.
- The PUC will host an open house for legislators Wednesday, February 5, 2014, 7:30-11:00 a.m. in the PUC office, first floor at the State Capitol Building, Pierre, S.D.
- Commissioners and staff will attend the Winter Committee Meetings of the National Association of Regulatory Utility Commissioners, February 9-12, 2014, at the Renaissance Washington Hotel, Washington, D.C.
- Commission meetings are scheduled for February 18 and March 4, 2014.
January 21, 2014