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South Dakota Public Utilities Commission Meeting
May 20, 2008, at 9:30 A.M.
Room 464, State 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. on May 19, 2008. 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 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 Meeting Held on March 25, 2008, and the Ad Hoc Meeting Held on March 26, 2008. (Staff: Demaris Axthelm)
- Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
1. EL07-011 - In the Matter of the Filing by Otter Tail Power Company for Approval of its Proposed Energy Efficiency Partnership Plan for 2008. (Staff Analysts: Brian Rounds/Dave Jacobson/Steve Wegman/Bob Knadle, Staff Attorney: Karen Cremer)
Application by Otter Tail for Commission consideration of a one year pilot Energy Efficiency Program. The Energy Efficiency Program consists of 10 individual programs including programs for all rate classes and major end uses showing the greatest potential for energy savings. It is proposed that the programs would be launched January 1, 2008, and it is expected that the programs, including budgets and goals, would roll over into 2009 and 2010.
TODAY, Shall the Commission Approve Otter Tail's proposed Energy Efficiency Program? OR, how shall the Commission Proceed?
2. EL08-009 - In the Matter of the Joint Request for an Electric Service Rights Exception between Otter Tail Power Company and Whetstone Valley Electric Cooperative, Inc. (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)
Application by Otter Tail Power Company for approval of service rights exception to serve a customer's pump site location at Section 12, Twp. 120, Range 48 of Alban Township in Grant County, South Dakota, which is located in Whetstone Valley Electric Cooperative, Inc. territory. Otter Tail has requested a withdrawal of the filing.
TODAY, shall the Commission Grant the Withdrawal of the Filing?
3. EL08-012 - In the Matter of the Joint Request for an Electric Service Rights Exception between Otter Tail Power Company and Kingsbury Electric Cooperative, Inc. (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)
Application by Otter Tail Power Company for approval of request for service territory exception to allow Kingsbury Electric Cooperative to serve Midstate Agronomy located in Otter Tail Power Company's service territory. The customer is located on the South 654.93 feet of the Southwest Quarter, except the East 855 feet thereof, and except Lot H-2 located therein of Section 28, Township 111, Range 56, Kingsbury County. Midstate Agronomy requests temporary service from Kingsbury Electric Cooperative until the completion of Otter Tail extending its facilities to customer and other new customers in the area.
TODAY, shall the Commission Approve the Service Rights Exception?
On April 27, 2007, TransCanada Keystone Pipeline, LP, (Keystone) filed a siting permit application for the South Dakota portion of the Keystone Pipeline Project (Project). The Project will transport crude oil starting in Hardisty, Alberta, Canada and ending in Patoka, Illinois. The proposed 30 inch diameter pipeline will have a nominal capacity of 435,000 barrels of oil per day (bpd) with a possible expansion to 591,000 bpd. The proposed route will enter South Dakota at the North Dakota/South Dakota border in Marshall County and extend in a southerly direction, exiting the state at the South Dakota/Nebraska border in Yankton County. The length of the pipeline in South Dakota will be approximately 220 miles and it will cross the counties of Marshall, Day, Clark, Beadle, Kingsbury, Miner, Hanson, McCook, Hutchinson and Yankton. The Project also includes four pump stations in South Dakota located in Day, Beadle, Miner and Hutchinson counties along with 15 mainline valves with an average spacing of 15 miles between valves. A scheduling and procedural order was issued at the September 11, 2007, commission meeting. A hearing in this docket was held December 3 – 7, 2007, and December 10 – 11, 2007. On March 11, 2008, the commission granted a siting permit with certain conditions. On April 29, 2008, Keystone filed a Motion for Approval of Public Liaison Officer. A Motion for Approval of Construction Bond was filed by Keystone on April 30, 2008. The Public Liaison Officer was approved at the May 6, 2008, commission meeting.
TODAY, shall the Commission Grant the Motion for Approval of Construction Bond?
The above company was ordered to appear on February 26, 2008, at 9:30 a.m. in the Cactus Conference Room, State Capitol Building, 500 East Capitol, Pierre, South Dakota, to show cause why action should not be taken against the company for failure to comply with SDCL Chapter 49-1A. The Certificate of Authority for DelTel, Inc. d/b/a AuctionFON (DelTel) was revoked at that hearing. DelTel has paid its Gross Receipts Tax.
TODAY, shall the Commission Reinstate the Certificate of Authority for DelTel, Inc. d/b/a AuctionFON?
2. TC08-039 - In the Matter of the Application of Kentucky Data Link, Inc. for a Certificate of Authority to Provide Interchange Telecommunications Services and Local Exchange Services in South Dakota. (Staff Analyst: Harlan Best, Staff Attorney: Kara Semmler)
On April 11, 2008, Kentucky Data Link, Inc. (KDL) filed an application for a certificate of authority with the Public Utilities Commission. KDL's application is for authority to provide resold and facilities-based local exchange, exchange access, and interexchange telecommunications services throughout the service territory of Qwest Corporation. KDL requests confidential treatment of its financial information.
TODAY, shall the Commission Grant a Certificate of Authority to Kentucky Data Link, Inc.?
3. TC08-042 - In the Matter of the Filing by MCImetro Access Transmission Services, LLC d/b/a Verizon Access Transmission Services for Approval of its Access Services Tariff. (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)
Filing by MCImetro Access Transmission Services, LLC d/b/a Verizon Access Transmission Services for approval of its Access Services Tariff. On May 9, 2008, AT&T Communications of the Midwest, Inc. filed a Petition for Intervention.
TODAY, shall the Commission Grant Intervention to AT&T Communications of the Midwest, Inc.?
4. TC08-043 - In the Matter of the Application of Communication Access Center for the Deaf and Hard of Hearing, Inc. for a Certificate of Authority to Provide Interchange Telecommunications Services in South Dakota. (Staff Analyst: Brian Rounds, Staff Attorney: Karen Cremer)
On April 29, 2008, Communication Access Center for the Deaf and Hard of Hearing, Inc. ("CACDHH") filed an application for a certificate of authority to provide interexchange services in South Dakota. CACDHH intends to provide Video Relay Service and Internet Protocol Relay, and needs the certificate of authority in order to become eligible for reimbursement from the Interstate Telecommunications Relay Services (TRS) fund for those services.
TODAY, shall the Commission Grant a Certificate of Authority to Communication Access Center for the Deaf and Hard of Hearing, Inc.?
1. In the Matter of a Consulting Contract for Production of Outreach Materials (Communications Manager: Leah Mohr)
Staff is recommending a portion of the Commission's public outreach efforts in 2008 and 2009 focus on the Do Not Call, Lifeline and Link Up programs. Staff proposes using a variety of tools, including print materials, television commercials and display graphics, and venues such as regional fairs and home shows to educate consumers on registering or applying for these telecommunications programs. Staff is requesting approval to enter into a consulting contract with an advertising agency to assist with the development and production of outreach materials.
TODAY, shall the Commission Authorize Staff to Enter into a Consulting Contract with an Advertising Agency to Produce Outreach Materials for the Do Not Call, Lifeline, and Link Up Programs?
- The next regularly scheduled Commission meeting will be held June 10, 2008, at 9:30 a.m. in Room 464, State Capitol Building, Pierre, SD.
- Commission meetings are scheduled for June 24 and July 8, 2008.
- The Public Utilities Commission offices will be closed Monday, May 26, 2008, in observance of Memorial Day.
- Commissioners and Staff will be attending the Mid-America Regulatory Conference in Oklahoma City, OK, June 14 – 18, 2008.
- The Public Utilities Commission offices will be closed Friday, July 4, 2008, in observance of Independence Day.
/s/ Heather Forney____
Heather K. Forney
Deputy Executive Director
May 14, 2008