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South Dakota Public Utilities Commission Meeting
Tuesday, May 11, 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 May 10, 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 April 6, 2004. (Staff: Tina Douglas.)
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff)
Electricity
Otter Tail Power Company (Otter Tail) is requesting the Commission renew its Released Energy Tariff. This tariff will expire on June 7, 2004. This renewal would allow Otter Tail to purchase energy from its large customers who curtail their load.
TODAY, shall the Commission approve the Renewal of their Released Energy Tariff?
2. EL04-011 In the Matter of the Request for an Electric Service Rights Exception between the City of Pierre and Oahe Electric Cooperative, Inc. (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)
On April 1, 2004, the City of Pierre and Oahe Electric filed a joint request for approval of a service rights exception for service to an outdoor sign located adjacent to Highways 14 and 83. The sign is located in Oahe Electric's service territory, he City has services closer to the sign. Both companies agree the service rights exception will promote the efficient and economical use and development of the electric system.
TODAY, shall the Commission approve the Service Rights Exception?
On April 1, 2004, the City of Pierre filed a request for approval of a territory boundary change due to annexation. On November 4, 2003, the City of Pierre annexed the north 236.6 feet of Outlot F-1 and all of Outlot F2 in the SW 1/4 SE 1/4 of Section 2, Township 110, Range 79, Pierre, South Dakota. The City has elected to purchase the electric facilities in the area annexed in accordance with SDCL 49-34A-50 from Oahe Electric Cooperative, Inc.
TODAY, shall the Commission approve the Revised Service Territory?
Application by Otter Tail Power Company for re-approval of an Electric Service Agreement to service Valley Queen Cheese Factory, Inc. pursuant to Otter Tail's currently effective Bulk Interruptible Service Tariff. The current Electric Service Agreement between Otter Tail Power Company and Valley Queen Cheese Factory, Inc. expires June 1, 2004, and Otter Tail has requested approval of the new Agreement effective June 1, 2004. The term of the new proposed Electric Service Agreement is one year.
TODAY, shall the Commission approve the Electric Service Agreement?
Natural Gas
Application by MidAmerican Energy Company for approval to increase rates for natural gas service in its service territory by $1,559,963 or approximately 1.5% of pro forma test year revenue. MidAmerican states the proposed increase for an average residential customer would be approximately $2.50 per month. The proposed rates may potentially affect approximately 73,100 customers in MidAmerican Energy Company's service territory in southeastern South Dakota. A April 26, 2004 Ad Hoc meeting, the Commission suspended the imposition of the tariff for 90 days beyond May 2, 2004 and assessed a filing fee for actual expenses not to exceed $100,000. Staff is submitting a proposed contract for consulting services to the Commission
TODAY, shall the Commission approve staff's proposed contract?
Rulemaking
On April 15, 2004, Midcontinent Communications (Midcontinent) filed a Petition For Rulemaking to amend ARSD 20:10:33:19. Midcontinent states that advances in technology and consumer preference have made the rule impractical. Midcontinent has filed proposed amendments to the rule.
TODAY, shall the Commission open a Rulemaking Docket?
Telecommunications
1. In the Matter of Approving Agreements in TC03-194, TC04-042, TC04-043, TC04-059, TC04-063, TC04-065, TC04-066, TC04-068, TC04-069, TC04-070, TC04-071, TC04-072, TC04-074, TC04-075, TC04-078, TC04-080
On December 3, 2003, the Commission received for approval a filing of an Agreement for Terms and Conditions of Interconnection, Unbundled Network Elements, Ancillary Services and Resale of Telecommunications Services between Qwest Corporation (Qwest) for CAT Communications International, Inc. (CAT). According to the parties, the Agreement is a negotiated agreement which sets forth the terms, conditions and pricing under which Qwest will offer and provide to any requesting CLEC network interconnection, access to unbundled network elements, ancillary services and telecommunications services available for resale within the geographical areas in which Qwest is providing local exchange service at that time, and for which Qwest is the incumbent local exchange carrier within the state of South Dakota.
On March 5, 2004, the Commission received a Filing for Approval of a Special Promotion for Available Inventory Collocation Sites between Qwest Corporation and Sprint Communications Company, LP. According to the filing, the amendment "provides, for a limited time, promotional rates for Available Inventory Collocations on Available Inventory Sites and amends, for a limited time, the parties' existing Interconnection Agreement."
On March 9, 2004, the Commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between Golden West Telecommunications Cooperative, Inc. and WWC License, LLC. According to the filing, the agreement "sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect the networks of the CMRS Provider and the Telephone Company for the purposes of the exchange of telecommunications traffic between the Parties' networks or (b) the Parties will transport and terminate the telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider."
On March 17, 2004, the Commission received a Filing for Approval of Agreement for Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services and Resale of Telecommunications Services between Qwest Corporation (Qwest) and IDT America, Corp (IDT). According to the parties, the Agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will provide services for resale to IDT for the provision of local exchange services.
On March 22, 2004, the Commission received a Filing for Approval of a Qwest DSL (with discount) provided with UNE-P Amendment to the Interconnection Agreement between Qwest Corporation (Qwest) and Var-Tec Telecom, Inc. According to the parties, the Amendment adds terms, conditions and rates for Qwest DSL (with discount) provided with UNE-P.
On March 26, 2004, the Commission received a Filing for Approval of a Qwest DSL (with discount) provided with UNE-P Amendment to the Interconnection Agreement between Qwest Corporation and Excel Telecommunications. According to the parties, the Amendment adds terms, conditions and rates for Qwest DSL (with discount) provided with UNE-P.
On March 26, 2004, 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 adds terms and conditions for CLEC Maintenance of Common Area Splitter Collocation.
On March 29, 2004, the Commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between James Valley Cooperative Telephone Company and WWC License LLC. According to the parties, the "Agreement sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect the networks of the CMRS Provider and the Telephone Company for the purposes of the exchange of telecommunications traffic between the Parties' networks or (b) the Parties will transport and terminate the telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider."
On March 29, 2004, the Commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between West River Cooperative Telephone Company and WWC License LLC. According to the parties, the "Agreement sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect the networks of the CMRS Provider and the Telephone Company for the purposes of the exchange of telecommunications traffic between the Parties' networks or (b) the Parties will transport and terminate the telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider."
On March 29, 2004, the Commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between Vivian Telephone Company and WWC License LLC. According to the parties, the "Agreement sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect the networks of the CMRS Provider and the Telephone Company for the purposes of the exchange of telecommunications traffic between the Parties' networks or (b) the Parties will transport and terminate the telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider."
On March 29, 2004, the Commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between Brookings Municipal Utilities d/b/a Swiftel Communications and WWC License LLC. According to the parties, the "Agreement sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect the networks of the CMRS Provider and the Telephone Company for the purposes of the exchange of telecommunications traffic between the Parties' networks or (b) the Parties will transport and terminate the telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider."
On March 29, 2004, the Commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between Interstate Telecommunications Cooperative, Inc. and WWC License LLC. According to the parties, the "Agreement sets forth the terms, conditions and prices under which (a) the Parties agree to directly interconnect the networks of the CMRS Provider and the Telephone Company for the purposes of the exchange of telecommunications traffic between the Parties' networks or (b) the Parties will transport and terminate the telecommunications traffic originated by the other Party and delivered via the network of a Third Party Provider."
On April 8, 2004, the Commission received a filing for approval of an Interconnection Agreement between Midcontinent Communications, PrairieWave Telecommunications, Inc., and PrairieWave Community Telephone, Inc. According to the parties, the Agreement sets forth the terms, conditions and prices under which the parties agree to provide interconnection and reciprocal compensation for the exchange of local traffic between the Parties.
On April 9, 2004, the Commission received a filing for approval of a Triennial Review Order Amendment to the Interconnection Agreement between Qwest Corporation and XO Network Service, Inc. According to the parties, the Amendment changes or adds terms, conditions, and rerates for certain network elements.
On April 15, 2004, the Commission received a filing for approval of a Qwest DSL (with discount) provided with UNE-P Amendment to the Interconnection Agreement between Qwest Corporation and MCImetro Access Transmission Services, LLC. According to the parties, the Amendment adds terms, conditions and rates for Qwest DSL (with discount) provided with UNE-P.
On April 16, 2004, the Commission received a filing for approval of an Agreement for Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, and Resale of Telecommunication Services Between Qwest Corporation (Qwest) and AT&T Communications of the Midwest, Inc. (AT&T). According to the parties, the "Agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will provide services for resale to AT&T for the provision of local exchange services."
TODAY, shall the Commission approve the Proposed Agreements?
On December 15, 2003, CAT Communications International, Inc. (CCI) filed an application for a Certificate of Authority to provide local and interexchange telecommunication services in South Dakota. CCI intends to offer local, intrastate and interstate long distance services to residential customers using UNE-P and resale and provisioning long distance using its own switch. CCI intends to provide services in those areas served by Qwest.
TODAY, shall the Commission grant the Certificate of Authority to CAT Communications International, Inc.?
On January 15, 2004, Go Solo Technologies, Inc. filed an application for a Certificate of Authority to provide resold interexchange telecommunications services in South Dakota. Go Solo provides unified voice, e-mail and fax messaging accessible from the web or phone. It also intends to provide 1+ and 101XXXX outbound dialing, 800/888 Toll-Free inbound dialing, directory assistance, data services and postpaid calling card service throughout South Dakota.
TODAY, shall the Commission grant the Certificate of Authority to Go Solo Technologies, Inc.?
4. TC04-010 In the Matter of the Filing by Qwest Corporation for Approval of Revisions to its
Access Service Tariff. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
On January 20, 2004, Qwest Corporation (Qwest) filed revised pages to its South Dakota Access Service Tariff. According to Qwest, "these revisions modify the intrastate jurisdictional reporting requirements for switched access traffic. This filing proposes to modify tariffs to allow customers to self-report a Percent Other Messages (POM) of intrastate use. Customers will be asked to self-declare a POM in addition to their PIU [Percent Intrastate Usage]. Qwest requests this filing to be effective February 16, 2004." Qwest has filed to reduce the Carrier Common Line rate to $0.038420 from $0.038905 and to introduce Message Charges to the Common Channel Signaling Network.
TODAY, shall the Commission approve the Revisions to its Access Service Tariff for Qwest Corporation?
Qwest Corporation has filed with the Public Utilities Commission a revision to its Rapid City Locality Special Rate Area Map. The territory being removed from the Qwest Rapid City exchange will now be in the Fort Randall exchange territory and Fort Randall will serve the customers in that area.
TODAY, shall the Commission approve Ft. Randall Telephone Company's Revision to its Rapid City Locality Special Rate Area Map for its Hermosa Exchange?
As a result of a recent annexation to the City of Brookings, the Commission received a filing from the City of Brookings Telephone d/b/a Swiftel Communications for approval to include property recently annexed in its exclusive franchise territory. The service territory change includes the West 1600 feet of the South Half of the North West Quarter Section 1, T109N, R50W; the South Half of the South East Quarter of Section 18, T110N, R50W except the platted areas thereof and except the East 720 feet thereof all in Brookings County, South Dakota.
TODAY, shall the Commission approve the Revised Service Territory for Brookings Municipal Utilities d/b/a Swiftel Communications?
On April 5, 2004, Hills Telephone Company, Inc. filed an application for a Certificate of Authority to provide local exchange services in South Dakota. Hills intends to provide local telephone exchange services in the Valley Springs and North Larchwood, South Dakota local telephone exchanges. Hills has entered into an Agreement for the Purchase and Sale of Telephone Exchange, dated January 16, 2004, with Sioux Valley Telephone Company for acquisition of these exchanges. Hills and Sioux Valley have jointly requested the Commission's consent to and approval of that transaction in Docket TC04-040.
TODAY, shall the Commission grant the Certificate of Authority to Hills Telephone Company, Inc.?
On April 14, 2004, James Valley Cooperative Telephone Company (James Valley) filed a petition seeking suspension or modification of Section 251(b)(2) of the Telecommunications Act of 1996 regarding intermodal (wireline to wireless) number portability. James Valley also is seeking an immediate suspension of Section 251(b)(2) pending the Commission's consideration of the suspension request until six (6) months following the Commission's decision. According to James Valley, it has received requests for LNP from Verizon Wireless, Western Wireless, and RCC Wireless. James Valley 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) James Valley may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. James Valley "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for James Valley to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for James Valley's obligation to implement LNP until the conditions are met as described herein; and (3) grant James Valley such other and further relief that may be proper." WWC License LLC filed a Petition to Intervene on April 27, 2004. The South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene on April 28, 2004.
TODAY, shall the Commission grant intervention to WWC License LLC and the South Dakota Telecommunications Association? AND, shall the Commission grant the petition for an interim suspension of any obligation that may exist for Petitioner to provide LNP until six months after entry of a final order?
9. In the Matter of Petitions for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended in Dockets TC04-084 and TC04-085.
On April 23, 2004, Tri-County Telcom, Inc. (Tri-County) filed a petition seeking suspension or modification of Section 251(b)(2) of the Telecommunications Act of 1996 regarding intermodal (wireline to wireless) number portability. Tri-County also is seeking an immediate suspension of Section 251(b)(2) pending the Commission's consideration of the suspension request until six (6) months following the Commission's final decision. According to Tri-County, it has received requests for LNP from Cellco Partnership d/b/a Verizon Wireless and Western Wireless. Tri-County 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) Tri-County may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Tri-County requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Tri-County to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Tri-County's obligation to implement LNP until conditions are met as described herein; and (3) grant Tri-County such other and further relief that may be proper. WWC License LLC filed a Petition to Intervene on April 29, 2004.
On April 23, 2004, Cheyenne River Sioux Tribe Telephone Authority (CRST) filed a petition seeking suspension or modification of Section 251(b)(2) of the Telecommunications Act of 1996 regarding intermodal (wireline to wireless) number portability. CRST also is seeking an immediate suspension of Section 251(b)(2) pending the Commission's consideration of the suspension request until six (6) months following the Commission's decision. According to CRST, it has received requests for LNP from Verizon Wireless and Western Wireless. CRST 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) CRST may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. CRST requests the Commission to (1) issue an interim order that suspends any obligation that may exist for CRST to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for CRST's obligation to implement LNP until conditions are met as described herein; and (3) grant CRST such other and further relief that may be proper. WWC License LLC filed a Petition to Intervene on April 29, 2004.
TODAY, shall the Commission grant intervention to any parties that may have filed in each respective docket? AND, shall the Commission grant the petition for an interim suspension of any obligation that may exist for Petitioner to provide LNP until six months after entry of a final order? AND, shall the Commission set the procedural schedule?
Announcements
1. The next regularly scheduled Commission meeting will be held May 25, 2004, at 1:00 p.m. Mountain Time, at the EMT building in Lemmon, South Dakota.
2. Commission meetings are scheduled for June 8 and 22, 2004.
3. Hearings are scheduled May 4 - 6, 2004, for Docket TC03-191.
4. A meeting to discuss wind energy will be held at 7:00 p.m. in Buffalo, South Dakota on May 25, 2004.
5. A hearing for Docket CT03-006 is scheduled for June 2, 2004, in Sioux Falls, South Dakota.
6. A hearing for Docket CT03-007 is scheduled for June 3, 2004, in Sioux Falls, South Dakota.
7. Commissioners and Staff will be attending the Mid-America Regulatory Conference in Madison, Wisconsin June 13 - 16, 2004.
8. Hearings are scheduled June 21 - 25, 2004 and June 28 - July 2, 2004, in the LNP Dockets.
_____________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
May 4, 2004
