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Please See: Notice of Change of Location of Meeting
Please See: Addendum to this Agenda
South Dakota Public Utilities Commission Meeting
Tuesday, January 20, 2004 at 1:30 P.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 January 16, 2004.
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 THE COMMISSION MEETING
Administration
1. Approval of the Minutes of the Commission Meeting Held on January 6, 2004. (Staff: Tina Douglas.)
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff.)
Electric
On December 19, 2003, the Commission received a request from Xcel Energy that the facility permit order issued in Docket EL91-001 on May 20, 1993, be amended to reflect the proposed construction of a third simple cycle combustion turbine generator at the Angus C. Anson Site near Sioux Falls, South Dakota. The unit will be a General Electric Model 7FA, with a nominal capacity of 160 MW. The Commission's original order approved the construction for up to four 100-megawatt simple cycle combustion turbine generators at the site. Two 105-megawatt combustion turbines have already been installed. This filing by Xcel Energy is to certify that the conditions leading to the issuance of the Facility Siting Permit in Docket EL91-001 will continue to be met. Northern Natural Gas Company filed a Petition for Intervention on January 8, 2004.
TODAY, shall the Commission grant intervention to Northern Natural Gas Company?
Application by Otter Tail Power Company for approval to revise its tariffed Summary List of Contracts with Deviations. The existing contract with the City of Erwin will expire on February 1, 2004. Otter Tail states the new agreement does not contain any deviations from Otter Tail's currently filed tariff and therefore requests that reference to a contract with the City of Erwin be removed from the Summary List of Contracts with Deviations and requests permission to file with less than 30 days notice.
TODAY, shall the Commission grant intervention to any parties that may have filed? AND, if no parties have filed for intervention, shall the Commission approve the tariff revisions for Otter Tail Power Company?
Telecommunications
On June 19, 2003, Midcontinent Communications filed a Petition For Waiver pursuant to ARSD 20:10:33:30 with the Commission. On July 10, 2003, the South Dakota Telecommunications Association filed a Petition to Intervene with the Commission. Northern Valley Communications, L.L.C. filed a Petition to Intervene with the Commission on July 22, 2003. The Commission granted intervention to SDTA and Northern Valley a August 4, 2003, meeting.
TODAY, how shall the Commission proceed?
On November 5, 2003, WWC Holding Co., Inc., d/b/a CellularOne (Western Wireless) filed a petition to be designated as an eligible telecommunications carrier (ETC) for purposes of qualifying to obtain federal universal service support in the study areas of certain rural telephone companies. This petition seeks an order immediately designating Western Wireless as an ETC in the study areas of the following rural telephone companies: Golden West Telephone Cooperative Inc., James Valley Cooperative Telephone Company, Splitrock Properties Inc., Sully Buttes Telephone Cooperative Inc., Tri-County Telecom Inc., Vivian Telephone Co., West River Telecommunications Coop (Mobridge) - SD, and West River Telecommunications Cooperative - SD. On November 21, 2003, James Valley Coop Telephone, SDTA, Golden West Telecommunications Cooperative, Alliance Communications Cooperative, Inc., and Splitrock Properties, Inc., Vivian Telephone Company, Venture Communications Cooperative, Tri-County Telecom, Inc., and West River Telecommunications Cooperative (Hazen, ND) filed for intervention. The Commission granted intervention to all parties that filed a December 2, 2003, meeting. On January 2, 2004, WWC filed a Motion to Amend Petition.
TODAY, shall the Commission grant WWC's Motion to Amend Petition?
On December 8, 2003, the Commission received a filing for approval of an Amendment to a Paging Connection Agreement between Qwest Corporation (Qwest) and Arch Wireless Operating Company, Inc. (Arch). According to the parties, the Agreement is amended to state (in Section 11.2) that the initial term of the Agreement shall expire on June 30, 2005. The original agreement was approved by the Commission in Docket TC00-108 on September 29, 2000.
TODAY, shall the Commission approve the Amendment to the Agreement?
On December 12, 2003, the Commission received a filing of a Performance Assurance Plan (PAP) Amendment to an Interconnection Agreement between Qwest Corporation and OrbitCom, Inc. f/k/a/ VP Telecom, Inc. According to the parties, the purpose of the Amendment is to have the PAP and the Performance Indicator Definitions (PIDs) incorporated into the original Agreement, which was approved by the Commission on March 7, 2003, in Docket TC03-001. The PAP is incorporated as Attachment 1. The PIDs, which was Exhibit B to the Commission approved SGAT, is incorporated as Attachment 2.
TODAY, shall the Commission approve the Amendment to the Agreement?
On December 18, 2003, the Commission received a Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and DIECA Communications, Inc. d/b/a Covad Communications Company. According to the parties, the Amendment is made in order to replace the previously approved Joint Testing Amendment, in its entirety, with the terms, conditions and rates for Joint Testing as set forth in Attachment 1 and Exhibit A, which were filed with the Amendment. The original Agreement was approved by the Commission on November 18, 1999, in Docket No. TC99-017.
TODAY, shall the Commission approve the Amendment to the Agreement?
On December 24, 2003, the Commission received a Filing of a Reciprocal Transport and Termination Agreement between Qwest Wireless, LLC and TW Wireless, LLC and PrairieWave Telecommunications, Inc. for approval. According to the filing, the parties wish to put in place an arrangement for the mutual exchange and reciprocal compensation of local telecommunications traffic in accord with the 1996 Telecommunications Act which is intended to supersede any previous arrangements between the parties relating to such traffic.
TODAY, shall the Commission approve the Agreement?
On January 5, 2004, staff filed a Motion For Approval Of Settlement Agreement with the Commission. According to the filing, staff and Talk Too Me, L.L.C., a limited liability Company under Delaware law, d/b/a 00 Operator Services, and d/b/a American Directory Services, have reached an agreement regarding allegations of unauthorized billings. The Settlement Agreement was filed with the Commission for approval.
TODAY, shall the Commission approve the Settlement Agreement?
Announcements
1. The next regularly scheduled Commission meeting will be held February 17, 2004, at 1:30 p.m., in Room 464, at Pierre, South Dakota.
2. Commission meetings are scheduled for March 2 and 23, 2004.
3. Show Cause Hearings will be held for dockets TC03-205 through TC03-230 in the Cactus Conference Room in the State Capitol Building at 10:00 a.m. on January 20, 2004.
4. The PUC offices will be closed January 19, 2004, in observance of Martin Luther King Jr.'s birthday.
5. The PUC offices will be closed February 16, 2004, in observance of Presidents' Day.
______________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
January 14, 2004
