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South Dakota Public Utilities Commission Meeting
May 6, 2008, at 9:30 A.M.
State Capitol Building, Room 464
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. on May 5, 2008. Lines are limited and are given out on first come/first serve 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 button on the home page. The Commission requests that 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 and then click on the LISTEN button on the page.
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
- Approval of the Minutes of the Commission Meetings Held on February 12, February 26, and March 11, 2008. (Staff: Demaris Axthelm)
- Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
One Call Notification
1. OC07-006 - In the Matter of the Complaint filed by One Call Systems, Inc. against D&D Trailer Park aka S.P.O.T., DeSmet, South Dakota. (One Call Executive Director: Larry Englerth, Staff Attorney: Kara Semmler)
On July 23, 2007 the South Dakota One Call Notification Board received a filing of a complaint by John McNamara of One Call Systems against D&D Trailer Park also known as S.P.O.T. (herein "D&D") of DeSmet, South Dakota. According to the complaint, D&D failed to respond to notification of excavation and further has not established means to receive notification of excavations from the One Call Center. D&D was ordered by the One Call Notification Board to pay a $1,000 fine on September 22, 2007. D&D has failed to pay the fine.
TODAY, shall the Commission Grant Staff Permission to Get a Civil Judgment Against D&D Trailer Park aka S.P.O.T. in Circuit Court Pursuant to SDCL 49-7A-28?
1. PS08-001 - In the Matter of the Filing of the Investigation of the Natural Gas Incident of February 20, 2008, on Montana-Dakota Utilities Co.'s System in Pierre, South Dakota. (Staff Analysts: Nathan Solem/Daris Ormesher, Staff Attorney: Kara Semmler)
On April 3, 2008, Commission Staff requested a formal docket be opened regarding an ongoing investigation into the February 20, 2008, natural gas incident in Pierre, South Dakota. A report, including Staff recommendation regarding whether all pipeline safety rules were properly observed, will be filed for Commission approval at the conclusion of Staff's investigation. The South Dakota Intra State Pipeline Company (SDIP) filed a Petition for Intervention on April 21, 2008. Montana Dakota Utilities (MDU) filed a Petition for Intervention on April 23, 2008.
TODAY, shall the Commission Grant Intervention to SDIP and MDU?
On October 11, 2006, the Commission received a filing for the approval of the Qwest Local Services Platform Agreement ("QLSP") between Qwest Corporation ("Qwest") and Granite Telecommunications, LLC ("Granite"). The agreement provides for Granite's purchase from Quest of mass market switching and shared transport elements that Granite may combine with local loops purchased from the separate interconnection agreement between Qwest and Granite. Despite Qwest's belief the QLSP agreement should not be subject to the filing obligations under Section 252 of the Telecommunications Act, Qwest filed the agreement in compliance with the Commission's Order dated October 29, 2004, in Docket TC04-144. The Commission approved the Agreement at its October 31, 2006, meeting. On December 15, 2006, Qwest filed a letter and Request for Reconsideration.
TODAY, how shall the Commission Proceed?
2. TC07-061 - In the Matter of the Filing by PrairieWave Community Telephone, Inc. for Approval of Revisions to its Intrastate Switched Access Tariff. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
On May 30, 2007, PrairieWave Community Telephone, Inc. (PrairieWave) filed to revise its Intrastate Switched Access Tariff by adding Direct-Trunked Transport Monthly Rates. PrairieWave requests an effective date of June 30, 2007. PrairieWave filed a request to withdraw its filing.
TODAY, shall the Commission Grant the Request to Withdraw?
On March 21, 2008, the Commission received a filing for approval of an Interconnection Agreement between Qwest Corporation and Bandwidth.com CLEC, LLC.
TODAY, shall the Commission Approve the Interconnection Agreement?
4. TC08-037 - 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: Harlan Best, Staff Attorney: Karen Cremer)
On April 8, 2008, 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. ARSD 20:10:27:02 provides that the Commission may, for good cause shown, either by its own motion or by application from a carrier's carrier, temporarily waive or suspend any rule in chapters 20:10:27 to 20:10:29, inclusive. 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.
TODAY, shall the Commission Grant Intervention to Any Parties that May Have Filed? AND, shall the Commission Grant the Extension of an Exemption from Developing Company Specific Cost-Based Switched Access Rates?
5. TC08-038 - In the Matter of the Application of Sancom, Inc. d/b/a Mitchell Telecom for a Certificate of Authority to Provide Interchange Telecommunications Services in the Exchanges served by Qwest Corporation throughout South Dakota. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
On April 10, 2008, Sancom, Inc. d/b/a Mitchell Telecom filed an application for a certificate of authority to provide interexchange service in Qwest Corporation areas of South Dakota. Mitchell Telecom intends to offer access to operator services, access to interexchange services, access to directory assistance, access to telecommunications relay service, toll and 900 number blocking and special circuits.
TODAY, shall the Commission Grant Intervention to Any Parties that May Have Filed? AND, shall the Commission Grant a Certificate of Authority to Sancom, Inc. d/b/a Mitchell Telecom?
- The next regularly scheduled Commission meeting will be held May 20, 2008, at 9:30 a.m. at University Center, 2205 Career Place, Room 282, Sioux Falls SD.
- Commission meetings are scheduled for June 10 and June 24, 2008.
- A hearing in docket TC07-107 will be held May 20 – 21, 2008, at University Center, 2205 Career Place, Room 282, Sioux Falls, SD. The hearing will begin at 10:30 a.m. on May 20.
- The Public Utilities Commission offices will be closed Monday, May 26, 2008, in observance of Memorial Day.
/S/Heather K. Forney_______
Heather K. Forney
Deputy Executive Director
April 29, 2008