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South Dakota Public Utilities Commission Meeting
Tuesday, July 20, 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 July 19, 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 June 22 and July 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
On June 21, 2004, TRK Development, Inc. filed a request for a variance of the individual metering requirement contained in ARSD 20:10:26. TRK Development is designing a building for affordable housing funded under the South Dakota Housing Development Authority's tax credit program. The building is designed to have the owner pay the electric service for each unit and therefore TRK is requesting to master meter the electric for the building.
TODAY, shall the Commission grant the Master Metering Variance request to TRK Development?
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 submitted a proposed contract for consulting services to the Commission. The Commission approved the proposed consulting contract a May 11, 2004 meeting. On May 14, 2004, Northern Natural Gas Company (Northern Natural) filed for intervention. The Commission granted intervention to Northern Natural a May 23, 2004 meeting. On May 21, 2004, NorthWestern Services Corporation (NorthWestern) filed a Petition to Intervene Out of Time. The Commission granted NorthWestern's Petition to Intervene Out of Time a June 8, 2004, meeting.
TODAY, shall the Commission suspend the imposition of the tariff for an additional 60 days beyond July 31, 2004?
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. A June 22, 2004, meeting the Commission suspended the imposition of the tariff for 90 days beyond June 7, 2004.
TODAY, shall the Commission reconsider its suspension of the imposition of the tariff for 90 days beyond June 7, 2004, and instead suspend imposition of the tariff for 90 days beyond July 7, 2004?
3. NG04-005 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions. (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)
Application by Montana-Dakota Utilities Co. for approval of tariff revisions correcting inadvertent errors on tariff sheets submitted in Docket NG02-011. The two tariff sheets proposed to be revised relate to Optional Seasonal Gas Service Rate 72 and the Distribution Delivery Stabilization Mechanism Rate 87.
TODAY, shall the Commission approve the tariff revisions for Montana-Dakota Utilities Co.?
Telecommunications
On November 12, 2003, the Commission received a filing for approval of an interconnection agreement between Midcontinent Communications (Midcontinent) and Interstate Telecommunications Cooperative, Inc. (ITC). According to the filing, the Agreement is made in order to set forth the terms, conditions and prices under which the parties agree to provide interconnection and the exchange of local traffic within the "345" Webster, South Dakota exchange. The Commission approved the Interconnection Agreement a December 16, 2003, meeting. On March 10, 2004, Midcontinent Communications filed a Motion to Compel Local Number Porting or Good Faith Negotiation. On March 30, 2004, Interstate Communications Cooperative, Inc. filed an Opposition to Motion to Compel. The Commission established a procedural schedule a April 6, 2004, meeting. On July 6, 2004, Midcontinent filed a Settlement Agreement. On July 9. 2004, Midcontinent filed a Motion to Dismiss.
TODAY, if a settlement has been reached, shall the Commission Dismiss and Close the docket?
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. On May 6, 2004, Midcontinent Communications (Midcontinent) filed a Petition for Late Filed Intervention. The Commission granted Midcontinent's Petition for Late Filed Intervention a May 11, 2004, meeting.
TODAY, if a settlement has been reached, shall the Commission Dismiss and Close the docket?
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. The Commission granted intervention to WWC License LLC a regularly scheduled meeting on May 11, 2004.
TODAY, if a settlement has been reached, shall the Commission Dismiss and Close the docket?
On May 7, 2004, Sancom, Inc. d/b/a Mitchell Telecom filed an application for a Certificate of Authority to provide local exchange telecommunications services in Qwest Corporation's service territories. Sancom intends to construct and use its own facilities and may collocate or lease additional facilities as necessary to provide services to residential and business customers. On May 19, 2004, Midcontinent Communications (Midcontinent) filed a Petition for Intervention. Sancom filed an Objection to Intervene on June 1, 2004. The Commission granted intervention to Midcontinent a regularly scheduled meeting on June 8, 2004.
TODAY, shall the Commission grant the Certificate of Authority to Sancom, inc. d/b/a Mitchell Telecom?
On May 17, 2004, the Commission received a filing for approval of a Commercial Line-Sharing Amendment to the 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 add to the Agreement the terms, conditions and rates for Commercial Line-Sharing."
TODAY, shall the Commission approve the Amendment to the Agreement?
On June 8, 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 1-800-Reconex, Inc. d/b/a USTel. 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 Reconex for the provision of local exchange services."
TODAY, shall the Commission approve the Agreement?
On June 11, 2004, Acceris Communications Corp. (Acceris) filed an application for a Certificate of Authority to provide competitive local exchange services in South Dakota. Acceris intends to provide services through facilities of incumbent local exchange carriers, as well as unbundled network elements. Acceris seeks authority to resell and provide facilities-based/UNE-P local exchange services 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 carrier exemption pursuant to Section 251 (f)(1) of the Federal Act.
TODAY, shall the Commission grant the Certificate of Authority to Acceris Communications Corp.?
On June 23, 2004, Telecom Management, Inc. d/b/a Pioneer Telephone filed an application for a Certificate of Authority to provide telecommunication services in South Dakota. The applicant intends to provide resold interexchange long distance services to residential and business customers throughout South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to Telecom Management, Inc. d/b/a Pioneer Telephone?
On June 30, 2004, the Local Exchange Carriers Association (LECA) filed revised switched access tariff pages. The purpose of these revisions is to implement changes in rates as necessitated by revisions in member companies' revenue requirements and access minutes of use. LECA requests that the revised rates be effective August 1, 2004.
TODAY, shall the Commission grant intervention to any parties that may have filed? AND, shall the Commission approve the Establishment of Switched Access Rates for the Local Exchange Carriers Association subject to refund with interest?
On July 6, 2004, Qwest Corporation (Qwest) filed a revision to its Access Service Tariff. "These revisions establish a simple easy to understand Expedite Order Charge that will apply when a customer requests a service date that is prior to the standard interval service date or when a customer requests an earlier service date on a pending standard or negotiated interval order. Qwest requests this filing to be effective July 31, 2004."
TODAY, shall the Commission grant intervention to any parties that may have filed? AND, shall the Commission approve the Revisions to the Access Service Tariff?
Announcements
1. The next regularly scheduled Commission meeting will be held August 17, 2004, at 9:30 a.m. in Room 412, at Pierre, South Dakota.
2. Commission meetings are scheduled for August 31 and September 14, 2004.
3. A meeting to discuss cell phone service will be held at 7:00 p.m. in Alcester, South Dakota on July 21, 2004.
4. Chairman Sahr, has been chosen to join eight other rising young leaders from across the nation as a delegate to the country of China during a two-week political study program July 28 - August 12, 2004.
5. A hearing in EL04-017 is scheduled for August 17, 2004 at 11:00 a.m. in Room 412, at Pierre, South Dakota.
_____________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
July 15, 2004
