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South Dakota Public Utilities Commission Meeting
Tuesday, March 23, 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 22, 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 Meetings Held on February 17, 2004, and March 2, 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 (Northern Natural) filed a Petition for Intervention on January 8, 2004. The Commission granted intervention to Northern Natural a regularly scheduled meeting on January 20, 2004.
TODAY, should the Certification be accepted as conforming to SDCL 49-41B-27?
On February 9, 2004, Clay-Union Electric Corporation (Clay-Union) filed a request for approval to the South Dakota Public Utilities Commission for an amendment to an existing territory agreement between Clay-Union and the City of Vermillion (City). The City has inadvertently been servicing approximately 14 mobile homes which are located in Clay-Union's assigned service territory. In order to create a fair and equitable allocation of service territory the parties have entered into an amended agreement to reallocate portions of their respective service territories. Clay-Union shall transfer the territory the City is currently serving to the City. This territory is described as: The East 320.5 feet of Lot Y of Replat of Lot B-2 in the Southwest Quarter of the Northeast Quarter of Section 14, Township 92 North, Range 52 West of the 5th P.M., City of Vermillion, Clay County, South Dakota. In return, the City shall transfer to Clay-Union the following territory: Lot 3, Block 1, Deyonge Addition to the City of Vermillion, Clay County, South Dakota.
TODAY, shall the Commission grant the Joint Request for an Electric Service Territory Boundary Change?
Application by Otter Tail Power Company (Otter Tail) for approval to revise its tariffed Summary List of Contracts with Deviations. The existing contract with the City of Sisseton will expire on March 11, 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 Sisseton be removed from the Summary List of Contracts with Deviations.
TODAY, shall the Commission approve the proposed tariff revisions?
Application by Otter Tail Power Company (Otter Tail) for approval to revise its tariffed Summary List of Contracts with Deviations. The existing contract with the City of Milbank will expire on March 14, 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 Milbank be removed from the Summary List of Contracts with Deviations.
TODAY, shall the Commission approve the proposed tariff revisions?
Application by Otter Tail Power Company (Otter Tail) for approval to revise its tariffed Summary List of Contracts with Deviations. The existing contract with the City of Hetland will expire on April 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 Hetland be removed from the Summary List of Contracts with Deviations.
TODAY, shall the Commission approve the proposed tariff revisions?
Application by Otter Tail Power Company (Otter Tail) for approval to revise its tariffed Summary List of Contracts with Deviations. The existing contract with the City of Lake Preston will expire on April 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 Lake Preston be removed from the Summary List of Contracts with Deviations.
TODAY, shall the Commission approve the proposed tariff revisions?
Application by Otter Tail Power Company (Otter Tail) for approval to revise its tariffed Summary List of Contracts with Deviations. The existing contract with the City of Trent will expire on April 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 Trent be removed from the Summary List of Contracts with Deviations.
TODAY, shall the Commission approve the proposed tariff revisions?
Telecommunications
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. The Commission granted WWC's Motion to Amend Petition a regularly scheduled meeting on January 20, 2004. An Order For and Notice of Procedural Schedule and Hearing was issued on February 13, 2004. On March 5, 2004, the Intervenors filed a Motion to Compel Discovery and a Motion to Expand Procedural Schedule. Alliance Communications Cooperative, Inc. and Splitrock Properties, Inc. filed a Motion to Withdraw Petition to Intervene on March 11, 2004. The Commission granted the Intervenors Motion to Expand Procedural Schedule at an Ad Hoc meeting on March 15, 2004.
TODAY, shall the Commission grant the Motion to Withdraw Petition to Intervene for Alliance Communications Cooperative, Inc. and Splitrock Properties, Inc.?
On December 5, 2003, France Telecom Corporate Solutions L.L.C. filed an application for a Certificate of Authority to provide resold local exchange and interexchange telecommunications services in South Dakota. The applicant intends to provide local exchange and interexchange services to business customers throughout South Dakota, except in those areas served by a rural telephone company.
TODAY, shall the Commission grant the Certificate of Authority for France Telecom Corporate Solutions L.L.C.?
3. In the Matter of Approving Agreements in TC04-024, TC04-026, TC04-027, TC04-028, TC04-031, TC04-032, TC04-033, TC04-035, and TC04-036
On February 11, 2004, the Commission received a Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and NPCR, Inc. d/b/a Nextel Partners. According to the filing, the agreement amends Section (B)2.3.4 "Facilities Credit" provisions and Section (B)2.5 "Billing for Qwest -Originated Traffic provisions of the original agreement. The original Agreement was approved by the Commission on September 14, 2001, in Docket No. TC01-072.
On February 17, 2004, the Commission received a Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and 1-800-RECONEX, Inc. According to the parties, the Amendment is made in order to add UNE-P PAL language to the Agreement as outlined in the Amendment. The original Agreement was approved by the Commission in Docket TC01-069 on July 27, 2001.
On February 17, 2004, the commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between WWC License, LLC and Stockholm-Strandburg Telephone Company. According to the parties, the Agreement is a negotiated agreement between the parties for the purpose of putting in place an arrangement for the mutual exchange and reciprocal compensation of telecommunications traffic in accordance with Section 251(b)(5) of the Telecommunications Act of 1996.
On February 17, 2004, the commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between WWC License, LLC and Western Telephone Company. According to the parties, the Agreement is a negotiated agreement between the parties for the purpose of putting in place an arrangement for the mutual exchange and reciprocal compensation of telecommunications traffic in accordance with Section 251(b)(5) of the Telecommunications Act of 1996.
On February 18, 2004, the commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between WWC License, LLC and West River Telecommunications Cooperative. According to the parties, the Agreement is a negotiated agreement between the parties for the purpose of putting in place an arrangement for the mutual exchange and reciprocal compensation of telecommunications traffic in accordance with Section 251(b)(5) of the Telecommunications Act of 1996.
On February 18, 2004, the commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between WWC License, LLC and Cheyenne River Sioux Tribe Telephone Authority. According to the parties, the Agreement is a negotiated agreement between the parties for the purpose of putting in place an arrangement for the mutual exchange and reciprocal compensation of telecommunications traffic in accordance with Section 251(b)(5) of the Telecommunications Act of 1996.
On February 18, 2004, the commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between WWC License, LLC and Venture Communications Cooperative. According to the parties, the Agreement is a negotiated agreement between the parties for the purpose of putting in place an arrangement for the mutual exchange and reciprocal compensation of telecommunications traffic in accordance with Section 251(b)(5) of the Telecommunications Act of 1996.
On February 19, 2004, the Commission received a Filing for Approval of a Reciprocal Transport and Termination Agreement between Rural Cellular Corporation and Midcontinent Communications. According to the parties, the Agreement is a negotiated agreement between the parties for the purpose of putting in place an arrangement for the mutual exchange and reciprocal compensation of local telecommunications traffic in accordance with the Telecommunications Act of 1996, which is intended to supersede any previous arrangements between the parties relating to such traffic.
On February 19, 2004, the Commission received a Filing for Approval of a Reciprocal Transport and Termination Agreement between Wireless Alliance, LLC and Midcontinent Communications. According to the parties, the Agreement is a negotiated agreement between the parties for the purpose of putting in place an arrangement for the mutual exchange and reciprocal compensation of local telecommunications traffic in accordance with the Telecommunications Act of 1996, which is intended to supersede any previous arrangements between the parties relating to such traffic.
TODAY, shall the Commission approve the proposed Agreements?
On February 12, 2004, Kennebec Telephone Company (Kennebec) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Kennebec, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless and from Western Wireless Corporation d/b/a Verizon Wireless and from Western Wireless Corporation d/b/a CellularOne. Kennebec states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Kennebec may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Kennebec "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Kennebec to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Kennebec's obligation to implement LNP until conditions are met as described herein; and (3) grant Kennebec such other and further relief that may be proper." Western Wireless filed a Petition to Intervene on March 4, 2004. A Petition to Intervene of the South Dakota Telecommunications Association was filed on March 5, 2004.
TODAY, shall the Commission grant intervention to Western Wireless and the South Dakota Telecommunications Association? AND, how shall the Commission proceed?
On February 25, 2004, Santel Communications Cooperative (Santel) filed a petition requesting the Commission to grant a suspension to Santel from porting numbers, wireline-to-wireless, as may be requested by Commercial Mobile Radio Services (CMRS). Western Wireless filed a Petition to Intervene on March 8, 2004. Midcontinent Communications and the South Dakota Telecommunications Association filed Petitions to Intervene on March 11, 2004. Santel filed an Application to Amend Petition on March 15, 2004, for the purpose of adding the section 20:10:32:39 requirements and to further amend the Petition to add updated cost data.
TODAY, shall the Commission grant intervention to Western Wireless, Midcontinent Communications, and the South Dakota Telecommunications Association? AND, how shall the Commission proceed?
6. TC04-039 In the Matter of the Request of Qwest Corporation for Certification Regarding its Use of Federal Universal Service Support. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
On February 27, 2004, Qwest Corporation (Qwest) provided information constituting Qwest's plan for the use of its federal universal service support and to otherwise verify that Qwest will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
TODAY, shall the Commission grant intervention to any parties that may have filed? AND, how shall the Commission proceed?
On March 2, 2004, Hills Telephone Company, Inc. (Hills) and Sioux Valley Telephone Company (Sioux Valley) filed a joint application for the sale of the local telephone exchange facilities serving the Valley Springs, East Valley Springs, and North Larchwood local exchanges from Sioux Valley to Hills.
TODAY, shall the Commission grant intervention to any parties that may have filed?
Announcements
1. The next regularly scheduled Commission meeting will be held April 6, 2004, at 9:30 a.m., in Room 412, at Pierre, South Dakota.
2. Commission meetings are scheduled for May 11 and 25, 2004.
3. Commissioners and staff will be attending the AWEA Wind Energy Conference in Chicago March 27 - 31, 2004.
4. Commissioners and staff will be attending the Regional Oversight Committee meetings in Denver April 17 - 20, 2004.
5. Hearings are scheduled April 27 - 29, 2004, for Docket CT03-154.
6. Hearings are scheduled May 4 - 6, 2004, for Docket TC03-191.
______________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
March 16, 2004
