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South Dakota Public Utilities Commission Meeting
Tuesday, June 22, 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 June 21, 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 June 8, 2004. (Staff: Tina Douglas.)
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff)
Electricity
On May 12, 2004, Superior Renewable Energy LLC and its wholly owned subsidiary, Java LLC, filed a petition requesting the Commission to settle a dispute regarding the long term purchase price of electricity generated from a Qualified Facility pursuant to the Public Utility Regulatory Policy Act of 1978. On May 27, 2004, Montana-Dakota Utilities Co.(MDU) filed a Petition to Intervene. The Commission granted intervention to MDU a June 8, 2004 meeting. On June 15, 2004, MidAmerican Energy Company filed a Petition to Intervene Out of Time.
TODAY, shall the Commission grant MidAmerican's Late Filed Intervention?
2. EL04-019 In the Matter of the Filing by Otter Tail Power Company for Approval of Tariff Revisions. (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)
On May 19, 2004, Otter Tail Power Company filed for Commission approval Otter Tail Power Company's Summary List of Contracts with Deviations Sheet No. 3. Otter Tail Power is proposing to remove the City of South Shore from the Summary List of Contracts with Deviations. In support of the removal, Otter Tail has submitted a copy of the Municipal Service Agreement for the City of South Shore, SD. The agreement was updated because the old contract will expire on July 1, 2004. The new agreement does not contain any rates, terms, or conditions that would be considered a deviation from Otter Tail Power Company's tariff.
TODAY, shall the Commission approve the proposed tariff revisions?
On June 4, 2004, Otter Tail Power Company and H-D Electric Cooperative, Inc. filed a joint request to the Public Utilities Commission for approval of an Electric Service Rights Exception. The exception would allow for H-D Electric to provide electrical service to an irrigation pivot owned by Jonathan Wollman, located in Otter Tail Power Company's service territory in Section 35, Township 115, Range 52 of Hamlin County.
TODAY, shall the Commission grant intervention to any parties that may have intervened? AND, shall the Commission approve the Electric Service Rights Exception between Otter Tail Power Company and H-D Electric Cooperative, Inc.?
Natural Gas
Application by MidAmerican Energy Company for approval of revised interruptible gas tariffs. MidAmerican's Small Volume Interruptible and Large Volume Interruptible natural gas sales tariffs currently contain language which would have them expire on June 26, 2004. This expiration was the result of the Commission's Order in Docket NG02-003 which directed MidAmerican to file a plan with the Commission to phase out interruptible natural gas tariffs within a two year time period. Coincident with the proposed tariff revisions, MidAmerican is filing a 2004 Interruptible Gas Rate Plan which is proposed to address the Commission's concerns in Docket NG02-003. In the Gas Rate Plan, MidAmerican proposes to retain interruptible rates o change the methodology used in its determination so as to increase these rates. MidAmerican's Plan also proposes to add new optional rates for customers, including those who may wish to switch rates as a result of the increase to interruptible rates. The new Gas Rate Plan is proposed to become effective 60 days after the effective date of tariffs approved in MidAmerican's current rate increase proceeding NG04-001. The interruptible rate changes which are the subject of this notice would replace the current tariff expiration date of June 26, 2004, with the proposed effective date of the 2004 Interruptible Gas Rate Plan as described above. MidAmerican has requested that these tariff revisions be approved with less than 30 days notice.
TODAY, shall the Commission approve the tariff revisions?
Application by Montana-Dakota Utilities Co. for approval to increase rates for natural gas service in its Black Hills service territory by $1,281,417 or 2.2% based on an adjusted test year ended 12/31/2003. The company states the proposed increase for a residential customer would average about $1.96 per month. The proposed rates may potentially affect 43,100 customers in the Black Hills area of South Dakota.
TODAY, shall the Commission suspend the imposition of the tariff for 90 days beyond June 7, 2004? AND, shall the Commission assess a filing fee for actual expenses not to exceed $100,000?
Telecommunications
On January 8, 2004, Midcontinent Communications (Midcontinent) filed a petition to be designated as an eligible telecommunications carrier (ETC) for purposes of qualifying to obtain federal universal service support in the Qwest Corporation service areas, except Arlington, Chamberlain, Colman, DeSmet, Elk Point, Flandreau, Hill City, Lake Preston, Morristown, Vermillion, Volga-Bruce, Whitewood, and Yankton. On March 24, 2004, Midcontinent filed a Motion to Amend Petition. By this amendment, the exchanges of North Sioux City and North Valentine would be added to those Qwest service areas excluded from Midcontinent's application for ETC status. The Commission granted the petition amendment a April 6, 2004 meeting.
TODAY, shall the Commission grant Midcontinent Communications' Request for Designation as an Eligible Telecommunications Carrier within Qwest Service Areas?
2. In the Matter of Approving Agreements in TC04-069, TC04-070, TC04-072, TC04-082, TC04-086, TC04-087, TC04-088, TC04-091, TC04-093
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 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 21, 2004, the Commission received a filing for approval of a Business Escalation Agreement between MCI WORLDCOM Network Services, Inc. and its affiliates and Qwest Corporation. According to the parties, the Agreement "is made to agree to attend and participate in executive meetings as necessary, the purpose of which will be to address and discuss issues, open items or disputes and future business needs."
On April 30, 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 Sprint Communications Company, LP. According to the parties, the Amendment adds terms, conditions and rates for Qwest DSL (with discount) provided with UNE-P.
On April 30, 2004, the Commission received a filing for approval of a Special Promotion Amendment for Available Inventory Collocation Sites to the Interconnection Agreement between Qwest Corporation and Midcontinent Communications. According to the parties, the Amendment provides, for a limited time, promotional rates for Available Inventory Collocations on Available Inventory Sites.
On April 30, 2004, the Commission received a filing for approval of a Collocation Available Inventory Amendment to the Interconnection Agreement between Qwest Corporation and Midcontinent Communications. According to the parties, the Amendment adds terms, conditions and rates for Collocation Available Inventory.
On May 7, 2004, the Commission received a filing for approval of a Statement of Generally Available Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, and Resale of Telecommunication Services provided by Qwest Corporation in the state of South Dakota, Fourth Revision, between Qwest Corporation and Comtech 21, LLC. 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 Comtech for the provision of local exchange services."
On May 10, 2004, the Commission received a filing for approval of a Triennial Review Order Amendment to the Interconnection Agreement between Qwest Corporation and ICG Telecom Group, Inc. According to the parties, the Amendment "is made in order to change or add terms, conditions and rates for certain network elements."
TODAY, shall the Commission approve the Proposed Agreements and Amendments?
On April 15, 2004, RC Communications, Inc. filed for Commission approval to provide competitive local exchange services in Corona, South Dakota. RC Communications, Inc. is a facilities-based provider currently providing service in Wilmot, Summit, Peever and Veblen. The customers in Corona will be connected with a fiber from the Wilmot switch. Copper and fiber backbone will be constructed in the town of Corona to serve individual customers.
TODAY, shall the Commission grant the Certificate of Authority to RC Communications, Inc.?
On May 28, 2004, PrairieWave Community Telephone, Inc., Irene, South Dakota, filed a switched access cost study pursuant to the rules established by the Commission.
TODAY, shall the Commission assess a filing fee for PrairieWave Community Telephone, Inc.?
On June 1, 2004, Southwestern Bell Communications Services Inc. d/b/a Southwestern Bell Long Distance (SBLD) submitted a request for an amended Certificate of Authority. The original Certificate of Authority restricted SBLD from collecting deposits, advance payments, or offering prepaid calling cards. SBLD has submitted a surety bond in lieu of the restrictions and would like the Certificate of Authority amended to reflect the change.
TODAY, shall the Commission grant intervention to any parties that may have filed? AND, shall the Commission grant the Amended Certificate of Authority to Southwestern Bell Communications Services, Inc. d/b/a Southwestern Bell Long Distance?
Announcements
1. The next regularly scheduled Commission meeting will be held July 6, 2004, at 9:30 a.m. in Room 412, at Pierre, South Dakota.
2. Commission meetings are scheduled for July 20 and August 17, 2004.
3. Hearings are scheduled June 21 - 25, 2004 and June 28 - July 2, 2004, in the LNP Dockets.
4. A meeting to discuss cell phone service will be held at 7:00 p.m. in Alcester, South Dakota on July 21, 2004.
5. Hearings in docket TC03-193 are scheduled for July 27 - 29, 2004, in Pierre, South Dakota.
_____________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
June 15, 2004
