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South Dakota Public Utilities Commission Meeting
August 5, 2015, at 1:30 P.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 Tuesday, August 4, 2015. 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
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
On August 23, 2013, Montana-Dakota Utilities Co., a division of MDU Resources, and Otter Tail Power Company filed an application for a permit to construct a 345 kV transmission line of approximately 150 to 160 miles in Brown, Day, and Grant counties to the Big Stone South Substation in Grant County, South Dakota, near Big Stone City. On October 18, 2013, an Application for Party Status was filed by Gerald Pesall. On November 6, 2013, the Commission issued an Order Granting Intervention and Party Status to Gerald Pesall. On January 27, 2014, Applicants filed a First Amendment to Application (Amendment). Due to Applicants having made some route changes in certain areas of the Project which resulted in some additional landowners coming within the half-mile Project corridor, Applicants served notice on such landowners and the Commission held an additional public input hearing on May 20, 2014, at Aberdeen, S.D. An intervention deadline of April 16, 2014, was set. On April 14, 2014, Applications for Party Status were filed by James R. McKane III, Clark T. Olson, Schuring Farms, Inc., Bradley R. Morehouse, and Kevin Andersen. On May 1, 2014, the Commission issued an Order Granting Intervention and Party Status to James R. McKane III, Clark T. Olson, Schuring Farms, Inc., Bradley R. Morehouse, and Kevin Andersen. On June 9, 2014, a Joint Motion for Approval of Settlement Stipulation and Settlement Stipulation was filed by Applicants and staff. On June 10 and June 11, 2014, the evidentiary hearing was held as scheduled. On June 20, 2014, an Amended Settlement Stipulation between Applicants and staff was filed, and Schuring Farms filed certain documents pertaining to its crop insurance policy. On June 26, 2014, Schuring Farms filed additional crop insurance policy provisions. On June 27, 2014, Gerald Pesall filed his crop insurance policy provisions. On July 11, 2014, Schuring Farms filed its RCIS-MPCI Policy Review/Change Form and Common Crop Insurance Policy. On July 18, 2014, Gerald Pesall filed his Post-Hearing Initial Brief, and Applicants filed their Proposed Findings of Fact, and Conclusions of Law, Proposed Order Granting Permit to Construct Facilities, Motion for Leave to Submit Documentary Evidence, and Post-Hearing Brief. On August 6, 2014, the Commission deferred taking action to a later date. On August 13, 2014, the Commission voted to grant the Joint Motion for Approval of Settlement Stipulation with provisions in addition to what is set forth in Condition 17 of the Amended Settlement Stipulation. On September 17, 2014, Gerald Pesall filled a Notice of Appeal. On July 2, 2015, Applicant filed a Compliance with Condition 17: SCN Sampling and Mitigation Plan.
TODAY, shall the Commission accept the Applicants' Filing of Compliance with Condition 17: SCN Sampling and Mitigation Plan as acceptable in form and content with the Commission's Final Decision and Order dated August 22, 2014?
On April 16, 2015, Northern States Power Company, doing business as Xcel Energy, submitted with the Commission a Petition for approval of a limited one-time waiver of the Company's cancellation charge for its customers under Peak Controlled Service and Energy Controlled Service tariffs. The purpose of the waiver is to allow Xcel Energy to confirm, and adjust if needed, customer participation levels in Peak Controlled Service and Energy Controlled Service in order to facilitate registering the Company's demand response resources with the Midcontinent Independent System Operator. On May 20, 2015, and July 10, 2015, Xcel Energy responded to Staff's data requests.
TODAY, shall the Commission approve Xcel Energy's Petition for a limited one time waiver of cancellation charges for customers under Peak Controlled Service and Energy Controlled Service tariffs?
On June 8, 2015, the Commission received a Filing from Northern States Power Company dba Xcel Energy (Xcel) for approval of its revised welcome brochures. Pursuant to ARSD 20:10:16:02, the customer information shall be submitted to the Commission for approval. Xcel redesigned its welcome brochures for both residential and business customers. On July 15, 2015, Xcel responded to Staff data requests and submitted a Revised Residential Welcome Brochure and a Revised Business Welcome Brochure at the request of Staff.
TODAY, shall the Commission approve Xcel's Revised Residential Welcome Brochure and Revised Business Welcome Brochure?
On July 7, 2015, Montana-Dakota Utilities Co. (MDU) filed a request for approval of revisions to its Electric Rate Schedule. MDU is submitting this filing to revise its Occasional Power Purchase Non-Time Differentiated Rate 95, Short-Term Power Purchase Time Differentiated Rate 96, and Long-Term Power Purchase Time Differentiated Rate 97 tariffs. The filing is made in compliance with the Commission's Order in F-3365 and in accordance with the Special Terms and Conditions of these tariffs, which state that the rate schedules will be reviewed annually and revised when necessary. MDU requests that the tariff revisions become effective on August 15, 2015. On July 20, 2015, MDU responded to Staff's data request.
TODAY, shall the Commission approve Montana-Dakota Utilities Co.'s tariff revisions?
Telecommunications
On June 18, 2015, the Commission received an application from dishNET Wireline L.L.C. (dishNET) requesting approval of revisions to its South Dakota P.U.C. Tariff No. 2, Sheets No. 2, 37, and 39. The proposed tariff revision filing is done in compliance with the FCC's order in FCC11-161. DishNET requests an effective date of July 1, 2015.
TODAY, shall the Commission approve dishNET's revisions to its South Dakota P.U.C. Tariff No. 2?
On June 23, 2015, Airus, Inc. (Airus) filed a request for approval of revisions to its Access Services Tariff No. 1. Airus is submitting this filing to be in compliance with the Federal Communications Commission's, November 11, 2011, Intercarrier Compensation Reform Order (FCC 11-161). Airus requests that the tariff revisions become effective on July 1, 2015. On July 1, 2015, Airus responded to Staff's data request and submitted new tariff pages.
TODAY, shall the Commission approve the revisions to Airus, Inc.'s Access Services Tariff No. 1?
3. In the Matter of Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC15-024, TC15-030, TC15-031, TC15-032, TC15-033, TC15-034, TC15-035 and TC15-040.
On June 25, 2015, the Commission received an application from Cheyenne River Sioux Tribe Telephone Authority 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. On July 14, 2015, the Company responded to Staff's data request.
On June 26, 2015, the Commission received an application from Midcontinent Communications 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. On July 15, 2015, the Company responded to Staff's data requests.
On June 26, 2015, the Commission received an application from Alliance Communications Cooperative, 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. On July 14, 2015, the Company responded to Staff's data request.
On June 29, 2015, 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. On July 23, 2015, the Company responded to Staff's data request.
On June 29, 2015, the Commission received an application from Interstate Telecommunications Cooperative, 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. On July 16, 2015, the Company responded to Staff's data request.
On June 29, 2015, the Commission received an application from Interstate Telecommunications Cooperative, Inc. fka SSTELCOM, 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. On July 16, 2015, the Company responded to Staff's data request.
TC15-035 In the Matter of the Request of City of Brookings Municipal Telephone for Certification Regarding Its Use of Federal Universal Service Support (Staff Analyst: Eric Paulson; Staff Attorney: Adam de Hueck)
On June 29, 2015, the Commission received an application from the City of Brookings Municipal Telephone 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. On July 21, 2015, the Company responded to Staff's data requests.
On June 29, 2015, the Commission received an application from the Brookings Municipal Telephone dba Swiftel Communications 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. On July 20, 2015, the Company responded to Staff's data requests.
TODAY, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in each of the above dockets?
On July 1, 2015, the Commission received an application from the Teleport Communications America, LLC (TCAL) for revisions to its Access Services tariff. With this filing TCAL proposes to include new language pertaining to Special Construction. TCAL requests an effective date of August 1, 2015.
TODAY, shall the Commission approve the revisions to Teleport Communications America, LLC's Access Services Tariff?
On July 10, 2015, the Commission received a filing for approval of an Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink and Level 3 Communications, LLC. 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 July 30, 2015. Parties to the Agreement may file written responses to the comments no later than twenty days after service of the initial comments. The Commission received no comments.
TODAY, shall the Commission Approve the Amendment to the Interconnection Agreement?
Items for Commission Discussion
Announcements
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An evidentiary hearing for Docket HP14-001 - In the Matter of the Petition of TransCanada Keystone Pipeline, LP for Order Accepting Certification of Permit Issued in Docket HP09-001 to Construct the Keystone XL Pipeline will be held July 27-31, Aug. 3-4, 2015, beginning at 9:00 a.m. CDT Monday, July 27 in Room 414 at the State Capitol, Pierre, S.D.
- Commissioners and staff will attend the South Dakota Telecommunications Association Annual Meeting and Conference, August 16-18, 2015, at The Lodge, Deadwood, S.D.
- The next regularly scheduled commission meeting will be Thursday, August 20, 2015, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.
- Commission meetings are scheduled for September 1 and 15, 2015.
/s/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
PUC Email
July 29, 2015
