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South Dakota Public Utilities Commission Meeting
Tuesday, March 2, 2004 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 March 1, 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 February 17, 2004. (Staff: Tina Douglas.)
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff.)
Electric
Petition by Xcel Energy for approval to include Renewable Development Fund costs in its electric Fuel Adjustment Clause. Xcel Energy operates the Prairie Island Nuclear Generating Plant at Red Wing, Minnesota which uses "dry casks" to store spent fuel from the plant. In 1994, the Minnesota Legislature passed an Act which requires Xcel Energy to transfer $500,000 annually, for each cask, into a Renewable Development Fund. The Renewable Development Fund promotes the advancement of new renewable energy sources. Xcel's petition states that inclusion of these Fund payments in its fuel clause would be efficient and is consistent with the purpose of the Automatic Adjustment Clause Statute SDCL 49-34A-25.
TODAY, shall the Commission dismiss and close the docket?
Telecommunications
1. In the Matter of Approving Agreements in TC04-013, TC04-014, TC04-015, TC04-016, TC04-018, TC04-019, TC04-020, TC04-021, and TC04-022
On February 4, 2004, the Commission received a filing for approval of a Reciprocal Interconnection, Transport and Termination Agreement between Santel Communications Cooperative, Inc. and WWC License, LLC for approval. According to the parties, the Agreement is a negotiated agreement which sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect to their respective networks for the purpose of exchanging telecommunications traffic or (b) the Parties will transport and terminate each others telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider.
On February 4, 2004, the Commission received a filing for approval of a Reciprocal Interconnection, Transport and Termination Agreement between Beresford Municipal Telephone Company and WWC License LLC for approval. According to the parties, the Agreement is a negotiated agreement which sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect to their respective networks for the purpose of exchanging telecommunications traffic or (b) the Parties will transport and terminate each others telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider.
On February 4, 2004, the Commission received a filing for approval of a Reciprocal Interconnection, Transport and Termination Agreement between Faith Municipal Telephone Company and WWC License LLC for approval. According to the parties, the Agreement is a negotiated agreement which sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect to their respective networks for the purpose of exchanging telecommunications traffic or (b) the Parties will transport and terminate each others telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider.
On February 4, 2004, the Commission received a filing for approval of a Reciprocal Interconnection, Transport and Termination Agreement between Tri-County Telcom, Inc. and WWC License LLC for approval. According to the parties, the Agreement is a negotiated agreement which sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect to their respective networks for the purpose of exchanging telecommunications traffic or (b) the Parties will transport and terminate each others telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider.
On February 6, 2004, the Commission received a filing for approval of a Reciprocal Interconnection, Transport and Termination Agreement between Jefferson Telephone Company d/b/a Long Lines Ltd. and WWC License, LLC for approval. According to the parties, the Agreement is a negotiated agreement which sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect to their respective networks for the purpose of exchanging telecommunications traffic or (b) the Parties will transport and terminate each others telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider.
On February 6, 2004, the Commission received a filing for approval of a Reciprocal Interconnection, Transport and Termination Agreement between Fort Randall Telephone Company and WWC License, LLC for approval. According to the parties, the Agreement is a negotiated agreement which sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect to their respective networks for the purpose of exchanging telecommunications traffic or (b) the Parties will transport and terminate each others telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider
On February 6, 2004, the Commission received a filing for approval of a Reciprocal Interconnection, Transport and Termination Agreement between Midstate Communications, Inc. and WWC License, LLC for approval. According to the parties, the Agreement is a negotiated agreement which sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect to their respective networks for the purpose of exchanging telecommunications traffic or (b) the Parties will transport and terminate each others telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider.
On February 6, 2004, the Commission received a filing for approval of a Reciprocal Interconnection, Transport and Termination Agreement between Kennebec Telephone Company and WWC License, LLC for approval. According to the parties, the Agreement is a negotiated agreement which sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect to their respective networks for the purpose of exchanging telecommunications traffic or (b) the Parties will transport and terminate each others telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider.
On February 6, 2004, the Commission received a filing for approval of a Reciprocal Interconnection, Transport and Termination Agreement between Alliance Communications Inc. and WWC License, LLC for approval. According to the parties, the Agreement is a negotiated agreement which sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect to their respective networks for the purpose of exchanging telecommunications traffic or (b) the Parties will transport and terminate each others telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider.
TODAY, shall the Commission approve the proposed Agreements?
On January 28, 2004, Communications Network Billing, Inc. filed an application for a Certificate of Authority to provide resold intrastate interexchange telecommunications services in South Dakota. Communications Network Billing, Inc. seeks authority to provide MTS, WATS, and calling card services.
TODAY, shall the Commission grant the Certificate of Authority to Communications Network Billing, Inc.?
On February 9, 2004, Comtech 21, LLC filed an application seeking a Certificate of Authority to provide local exchange telecommunications services in South Dakota. Comtech 21 is requesting authority to operate as a Competitive Local Exchange Carrier "throughout the State of South Dakota in the areas served by any LECs in South Dakota that are not eligible for a small or rural exemption pursuant to Section 251(f)(1) of the Federal Act. Comtech 21 does not seek to provide services to customers in those small or rural territories at this time. Comtech 21 intends to provide all forms of intrastate local exchange telecommunications services."
TODAY, shall the Commission grant the Certificate of Authority for Comtech 21, LLC?
On February 18, 2004, the Commission received a request from staff for a confidentiality determination in accordance with ARSD 20:10:01:42. According to the request, staff is attempting to make claims on the bond proceeds of S&S Communications (S&S). In order to make these claims, staff must provide information to the bonding companies which has been filed as confidential. S&S refuses to permit the release of information filed as confidential to any bonding company that does not sign a confidentiality agreement. The companies have provided staff with Indemnity Agreements signed by S&S which they claim gives them a right to see the information. Neither company has signed the confidentiality agreement. Staff has requested that the Commission make a determination that the information should not be treated as confidential on the basis that the information was not filed in compliance with the provisions of ARSD 20:10:01:41, S&S cannot meet the burden established in ARSD 20:10:01:43 and that the Indemnity Agreements that S&S signed with the bonding companies constitute a waiver of confidentiality as to those companies. A Motion for Order Permitting Release of Information Filed as Confidential was attached to the request.
TODAY, shall the Commission grant the Motion for Order Permitting Release of Information how shall the Commission proceed?
Announcements
1. The next regularly scheduled Commission meeting will be held March 23, 2004, at 9:30 a.m., in Room 412, at Pierre, South Dakota
2. Commission meetings are scheduled for April 6 and May 11, 2004.
3. The PUC is co-hosting Building Science for Residential Contractors workshops in Sioux Falls on Wednesday, February 25, and in Watertown on Thursday, February 26, 2004.
4. Commissioners and Staff will be attending the NARUC winter meeting in Washington, DC March 6 - 10, 2004.
_____________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
February 25, 2004
