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South Dakota Public Utilities Commission Meeting
October 23, 2012, at 9:30 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Chris Nelson called the meeting to Order. Present were: Commissioners: Kristie Fiegen and Gary Hanson; Commission Counsel: John Smith and Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorneys: Karen Cremer and Kristen Edwards; Staff Analysts: Chris Daugaard, Matthew Tysdal, and Patrick Steffensen; and Staff: Sherry Dickerson

Also present were:
Darla Rogers, Riter, Rogers, Wattier, and Northrup LLP, representing Midstate Telecom, Inc. and Local Exchange Carrier's Association; and Bill VanCamp, Olinger, Lovald, McCahren & Reimers, P.C., representing AT&T Communications of the Midwest, Inc.

Joining the meeting by telephone were:
Staff Analyst: Dave Jacobson; Wendy Harper, Vantage Point Solutions, representing Northern Valley Communications, LLC, James Valley Telecommunications, and Long Lines Metro LLC; Dave Semerad, West River Electric Association, Inc.; Tamie Aberle, Montana-Dakota Utilities Co.; and Jerry Reisenauer, Grand Electric Cooperative, Inc.

Administration

1.     Approval of the Minutes of the Ad Hoc Commission Meeting Held on October 2, 2012, and the Commission Meeting Held on October 9, 2012. (Staff: Joy Irving)

     Commissioner Fiegen moved to approve the minutes of the Ad Hoc Commission Meeting on October 2, 2012 and the Commission Meeting on October 9, 2012. Motion carried 3-0.

Consumer Reports

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

The Commission received a total of 92 contacts since the last report was prepared for the October 9, 2012 Commission meeting.

25 of the contacts involved telecommunication services, 24 of the contacts involved electrical services, 5 contacts involved natural gas service, 7 contacts involved cell phone service, 13 contacts were related to the Do Not Call Registry, 1 contact was related to the Keystone XL Pipeline, 1 contact was related to Wind Energy and 16 contacts were related to issues not regulated by the PUC.

1,530 of the 1,577 complaints received in 2012 have been resolved.

Electric

1.     EL12-056     In the Matter of the Joint Request for Service Rights Exception between Grand Electric Cooperative, Inc. and West River Electric Association, Inc. (Staff Analyst: Matthew Tysdal, Staff Attorney: Kristen Edwards)

Ms. Kristen Edwards, staff attorney, explained that the agreement between Grand Electric Cooperative, Inc. (GEC) and West River Electric Association, Inc. (WREA) would avoid unnecessary duplication of facilities in the area. Ms. Edwards stated that the agreement would allow GEC the option to purchase the WREA facilities serving the customer at its depreciated value. She recommended that the Commission grant approval of the agreement.

     Commissioner Fiegen moved to approve the requested service rights exception. Motion carried 3-0.

Gas and Electric

1.     GE12-004     In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions (Staff Analysts: Dave Jacobson, Matthew Tysdal, Staff Attorney: Karen Cremer)

Ms. Tamie Aberle, Montana-Dakota Utilities Co. (MDU), requested that the Commission reopen the docket and revise the effective date of certain tariff sheets previously approved in this docket. Mr. Dave Jacobson, staff analyst, explained that the approval of putting previously approved tariff sheets back into effect until February 1, 2013, and approval of the new sheets to go into effect February 1, 2013, would avoid a separate filing at a later date.

     Commissioner Hanson moved to allow the prior tariffs at issue in MDU's request, to be reinstated, on less than 30 days' notice, until February 1, 2013, at which time the tariffs approved on July 31, 2012, will become effective. Motion carried 3-0.

Telecommunications

1.     TC12-108     In the Matter of the Filing by Long Lines Metro, LLC for Approval of Revisions to its Tariff No. 3 (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)

Ms. Wendy Harper, Vantage Point Solutions, representing Long Lines Metro, LLC (Long Lines), requested that the Commission approve revisions to its switched access tariff, Tariff No. 3. Ms. Harper also stated Long Lines requested a waiver of the equal rate rules. Mr. Dave Jacobson, staff analyst, recommended approval of the tariff with the waiver ARSD 20:10:29:10, 20:10:29:12, and 20:10:29:16.

     Commissioner Nelson moved to approve Long Lines' revisions to its Tariff No. 3 and grant the requested waivers. Motion carried 3-0.

2.     TC12-133     In the Matter of the Petition of Midstate Telecom for Approval of its Cost Based Switched Access Rates and for a Phase-In (Staff Analyst: Patrick Steffensen, Staff Attorney: Karen Cremer)

Ms. Darla Rogers, Riter, Rogers, Wattier, and Northrup LLP, representing Midstate Telecom, Inc. (Midstate), stated that Midstate doesn't object to AT&T Communications of the Midwest, Inc.'s intervention. Ms. Karen Cremer, staff attorney, recommended that the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000 and give the Executive Director authority to enter into necessary consulting contracts and grant intervention to AT&T.

     Commissioner Hanson moved to assess a filing fee not to exceed $100,000 with an initial deposit of $1,000 and give the Executive Director authority to enter into necessary consulting contracts and grant intervention to AT&T Communications of the Midwest, Inc. Motion carried 3-0.

3.      In the Matter of the Request for approval of Intercarrier Compensation Bill and Keep Amendments to an Interconnection Agreement in Dockets TC12-135, TC12-136, TC12-137, TC12-138, TC12-139, TC12-140, TC12-141, TC12-142, TC12-143, TC12-144, TC12-145, TC12-146, TC12-147, TC12-148, TC12-149, TC12-150, TC12-151, TC12-152, TC12-153, TC12-154, TC12-155, TC12-156, TC12-157, TC12-159.

     TC12-135     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service operating affiliates, dba AT&T Mobility and Interstate Telecommunications Cooperative, Inc. (Staff Attorney: Karen Cremer)
        
     TC12-136     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service operating affiliates, dba AT&T Mobility and RC Communications, Inc. (Staff Attorney: Karen Cremer)
        
     TC12-137     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service operating affiliates, dba AT&T Mobility and Roberts County Telephone Cooperative Association (Staff Attorney: Karen Cremer)
        
     TC12-138     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Stockholm-Strandburg Telephone Company (Staff Attorney: Karen Cremer)
        
     TC12-139     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Valley Telecommunications Cooperative Association, Inc. (Staff Attorney: Karen Cremer)
        
     TC12-140     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Western Telephone Company (Staff Attorney: Karen Cremer)

     TC12-141     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Venture Communications Cooperative (Staff Attorney: Karen Cremer)

     TC12-142     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Cheyenne River Sioux Tribe Telephone Authority (Staff Attorney: Karen Cremer)
        
     TC12-143     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Alliance Communications Cooperative, Inc. (Staff Attorney: Karen Cremer)

     TC12-144     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Beresford Municipal Telephone Company (Karen Cremer)

     TC12-145     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Kennebec Telephone Company (Staff Attorney: Karen Cremer)

     TC12-146     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Santel Communications Cooperative (Staff Attorney: Karen Cremer)

     TC12-147     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and TrioTel Communications, Inc. (Staff Attorney: Karen Cremer)

     TC12-148     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and West River Cooperative Telephone Company (Staff Attorney: Karen Cremer)

     TC12-149     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Armour Independent Telephone Company (Staff Attorney: Karen Cremer)

     TC12-150     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Bridgewater-Canistota Independent Telephone (Staff Attorney: Karen Cremer)

     TC12-151     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Golden West Telecommunications Cooperative, Inc. (Staff Attorney: Karen Cremer)

     TC12-152     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Kadoka Telephone Company (Staff Attorney: Karen Cremer)
        
     TC12-153     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Sioux Valley Telephone Company (Staff Attorney: Karen Cremer)

     TC12-154     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Union Telephone Company (Staff Attorney: Karen Cremer)

     TC12-155     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Vivian Telephone Company (Staff Attorney: Karen Cremer)

     TC12-156     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and James Valley Cooperative Telephone Company dba James Valley Telecommunications (Staff Attorney: Karen Cremer)
        
     TC12-157     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Northern Valley Communications, LLC (Staff Attorney: Karen Cremer)
        
     TC12-159     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Knology Community Telephone, Inc. fka Dakota Cooperative Telecommunications, Inc. (Staff Attorney: Kristen Edwards)

Ms. Karen Cremer, staff attorney, stated that the amendment in Dockets TC12-135, TC12-136, TC12-137, TC12-138, TC12-139, TC12-140, TC12-141, TC12-142, TC12-143, TC12-144, TC12-145, TC12-146, TC12-147, TC12-148, TC12-149, TC12-150, TC12-151, TC12-152, TC12-153, TC12-154, TC12-155, TC12-156, TC12-157, TC12-159 were properly filed, properly executed, and do not appear to contain discriminatory provisions, and no comments were filed. Staff recommended that the Commission approve the amendments to the interconnection agreements.

     Commissioner Fiegen moved to approve the amendment to the interconnection agreement for the above dockets. Motion carried 3-0.

There being no further business, at the hour of 9:50 a.m. the South Dakota Public Utilities Commission meeting adjourned.

/S/Joy Irving
Joy Irving
Administrative Assistant
puc@state.sd.us
October 23, 2012