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South Dakota Public Utilities Commission Meeting


Tuesday, December 16, 2003 at 9:30 A.M.
State Capitol Building, Room 412
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 December 15, 2003.

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.

ADDENDUM TO THE AGENDA OF THE COMMISSION MEETING

Electric

EL03-030 In the Matter of the Joint Request for an Electric Service Territory Boundary Change between Clay-Union Electric Corporation and the City of Vermillion. (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)

The City of Vermillion and Clay-Union Electric Corporation have filed a joint request for a change in service territory from Clay-Union Electric to the City of Vermillion. The agreement for the transfer of territory was necessary as a result of annexation by the City of Vermillion. The area currently involves one active service. The territory to be changed includes the East half of the Northwest quarter of Section 13, Township 92 North, Range 52 West of the 5th P.M. Clay County, South Dakota, except Lots 1, 2, 3, and 4, Block 4, Johnson's Addition; the South 825 feet of the Southeast quarter of the Northwest quarter of said Section 13; and Lot H-1 in the Northeast quarter of the Northwest quarter of said Section 13. The City of Vermillion annexed this property into the city limits of Vermillion on May 5, 2003.

TODAY, shall the Commission approve the Joint Request for an Electric Service Territory Boundary Change between Clay-Union Electric Corporation and the City of Vermillion?

Telecommunications

1. TC03-181 In the Matter of the Implementation of the Federal Communications Commission's Triennial Review Order Regarding Unbundling Obligations. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)

On August 21, 2003, the Federal Communications Commission (FCC) released its Triennial Review Order. Memorandum Opinion and Order, Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers, CC Docket Nos. 01-338, 96-98, 98-147. In its Triennial Review Order, the FCC directed the state commissions to make certain determinations regarding the unbundling obligations of incumbent local exchange carriers. The FCC required the state commissions to make these determinations within nine months from the effective date of the Order. On September 29, 2003, the Commission opened a docket requesting that any person or entity that intends to present evidence challenging the FCC's findings of impairment regarding access to loops, dedicated transport, or local circuit switching for mass market customers shall file a notice of such intent on or before October 10, 2003. The notice shall identify each network element that the person or entity intends to challenge regarding the FCC's findings of impairment. In addition, the Commission requested written comments regarding recommendations on how the Commission should proceed. On October 21, 2003, the Commission issued an Order for and Notice of Deadline for Filing Petitions to Intervene; Order for and Notice of Hearing Dates; Order for Detailed Statement; and Order Requesting Comments. A regularly scheduled November 4, 2003, meeting, the Commission granted intervention to Qwest, AT&T, MCI, SDTA, Midcontinent, and McLeodUSA; granted the Joint Motion for Adoption of Batch Hot Cut Forum; issued a Protective Order; determined that the Commission will issue bench discovery requests; and ordered, that any interested person may file comments on the issues listed above on or before November 12, 2003. PrairieWave Communications, Inc., Midstate Telecom, Inc., and Northern Valley Communications, LLC all filed Petitions for Intervention on November 7, 2003. Black Hills FiberCom filed for late intervention on November 10, 2003. Intervention was granted to these companies on December 2, 2003. On December 11, 2003, Qwest filed a Motion to Postpone Mass Market Switching Case and Close Docket.

TODAY, shall the Commission grant Qwest's Motion to Postpone Mass Market Switching Case and Close Docket?

_____________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
December 10, 2003