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South Dakota Public Utilities Commission Meeting
Tuesday, August 17, 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 August 16, 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, July 6, and July 20, 2004. (Staff: Tina Douglas.)
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff)
2. CN04-001 In the Matter of the Complaint filed by Dan Larson, Meckling, South Dakota, against MidAmerican Energy Company Regarding Improper Disconnection and Requirement to Replace Furnace. (Staff Analyst: Jim Mehlhaff, Staff Attorney: Karen Cremer)
Complainant alleges that MidAmerican Energy (MidAmerican) was negligent by not taking a carbon monoxide reading before turning the gas off to his house and red-tagging his furnace. Complainant is requesting that MidAmerican reimburse him for the cost of a new furnace, labor, and two electric heaters. On July 27, 2004, MidAmerican filed a Motion to Dismiss.
TODAY, shall the Commission grant MidAmerican Energy Company's Motion to Dismiss?
3. CT03-154 In the Matter of the Complaint filed by Black Hills FiberCom, L.L.C., Rapid City, South Dakota, against Qwest Corporation Regarding Intrastate Switched Access Charges Applied to ISP-Bound Calls which Complainant Claims is Interstate in Nature. (Staff Analyst: Jim Mehlhaff, Staff Attorney: Karen Cremer)
On October 29, 2003, the Commission received a complaint filed by Black Hills FiberCom, L.L.C. (FiberCom) against Qwest Corporation (Qwest) regarding intrastate switched access charges applied to ISP-Bound calls. According to the Complainant's representative, Qwest is taking the position that under its intrastate tariff it may charge FiberCom intercarrier switched access charges when a FiberCom customer initiates a call to a Qwest served ISP which is within FiberCom's local calling area, but is between Qwest's local exchanges. The Complainant disagrees and is requesting a Commission's determination of whether such charges are appropriate. On January 14, 2004, the parties requested that the Commission issue an Order For And Notice Of Procedural Schedule And Hearing based on a Stipulated Agreement between the parties. On January 20, 2004, the Commission voted unanimously to issue an Order Approving Stipulated Agreement to Scheduling Order. FiberCom has requested that the Commission establish a date for filing and arguing motions relating to the subject matter jurisdiction of the Commission over FiberCom's complaint. On April 27, 2004, a contested case hearing was held on the Complaint. Post-hearing briefs have been filed by all parties. On July 29, 2004, Qwest filed a Motion to Permit Post-Hearing Affidavit to permit the admission into the record of the Affidavit of Linda Downey. On August 10, 2004, FiberCom filed a Response to Motion to Permit Post-Hearing Affidavit.
TODAY shall the Commission grant Qwest's Motion to Permit Post-Hearing Affidavit?
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 at its June 8, 2004 meeting. On June 15, 2004, MidAmerican Energy Company (MidAmerican) filed a Petition to Intervene Out of Time. On June 17, 2004, NorthWestern Corporation (NorthWestern) filed a Petition to Intervene. On June 18, 2004, Black Hills Power, Inc. (Black Hills) filed a Petition to Intervene. The Commission granted intervention to MidAmerican, NorthWestern, and Black Hills at its June 22, 2004 meeting. On July 16, 2004, Northern States Power Company d/b/a Xcel Energy (Xcel) filed a Petition to Intervene.
TODAY, shall the Commission grant Xcel Energy's Petition for Intervention?
On July 6, 2004, Codington-Clark Electric Cooperative, Inc. (Codington-Clark Electric) and the City of Watertown (City) filed a Petition for Approval of Addendum to Agreement Regarding Assigned Service Area. On August 5, 1998, the Commission approved an Agreement between Codington-Clark Electric and the City regarding their assigned service area. The Agreement was for a three year term, which expired on July 23, 2001. The parties entered into an Addendum to that Agreement for the purpose of renewing the Agreement until July 23, 2004. This filing is for approval of a new Addendum to Agreement Regarding Assigned Service Area providing for the extension of the Agreement to July, 23, 2007.
TODAY, shall the Commission approve the Addendum to the Agreement between Codington-Clark and the City of Watertown?
Natural Gas
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. At its June 22, 2004, meeting the Commission suspended the imposition of the tariff for 90 days beyond June 7, 2004. At its July 20, 2004, meeting the Commission reconsidered the suspension of the imposition of the tariff for 90 days beyond June 7, 2004, and instead suspended imposition of the tariff for 90 days beyond July 7, 2004. Staff is submitting a proposed contract for consulting services to the Commission.
TODAY, shall the Commission approve staff's proposed contract?
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 Communications Inc., James Valley Cooperative Telephone Company, Splitrock Properties Inc., Sully Buttes Telephone Cooperative Inc., Tri-County Telcom 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 Telcom, Inc., and West River Telecommunications Cooperative (Hazen, ND) filed for intervention. The Commission granted intervention to all parties that filed at its December 2, 2003, meeting. On January 2, 2004, WWC filed a Motion to Amend Petition. The Commission granted WWC's Motion to Amend Petition at its 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. The Commission granted in part and denied in part Intervenors Motion to Compel Discovery and granted Alliance and Splitrock's Motion to withdraw at the regularly scheduled meeting on March 23, 2004. West River Telecommunications Cooperative filed a Motion to Withdraw Petition on March 22, 2004. The Commission granted West River's Motion to Withdraw at its April 6, 2004, meeting. A hearing was held in this matter May 4 - 6, 2004.
TODAY, what is the Commission's decision?
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 Intervention to SDTA, Midcontinent, and WWC License at its May 11, 2004, meeting. On August 2, 2004, James Valley filed a Stipulation signed by James Valley, WWC License and MidContinent.
TODAY, shall the Commission approve the Stipulation and enter a decision incorporating its terms? AND if this matter is resolved shall the Commission close the docket?
On April 22, 2004, Qwest Communications Corporation (QCC) filed an application for a Certificate of Authority to provide competitive local exchange services in South Dakota. QCC plans to provide a broad range of interLATA and intraLATA telecommunications services for voice and data applications to business and residences throughout South Dakota. QCC will provide competitive local exchange telecommunications service, in conjunction with interexchange telecommunications services and operator services, within South Dakota by means of resale, the leasing of facilities, and/or the construction of its own facilities on a statewide basis. The South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene on May 14, 2004. The Commission granted intervention to SDTA at its May 24, 2004 meeting.
TODAY, shall the Commission grant a Certificate of Authority to Qwest Communications Corporation?
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. SDTA filed a Petition for Intervention on May 7, 2004. The Commission granted intervention to WWC License LLC and SDTA at its regularly scheduled meeting on May 11, 2004. CRST stated at the hearing on the petition that it had reached agreement with WWC License and would be filing a stipulation.
TODAY, shall the Commission approve the Stipulation and enter a decision incorporating its terms? AND if this matter is resolved shall the Commission close the docket?
On June 16, 2004, DakotaComm, LLC (DakotaComm) filed an application for a Certificate of Authority to provide telecommunication services in South Dakota. DakotaComm intends to provide local exchange services, intraLATA services and interLATA services through a combination of reseller and facilities-based provisioning. Initially, telecommunication services will be offered to residents and businesses located in the Qwest exchange of Vermillion, South Dakota.
TODAY, shall the Commission grant a Certificate of Authority for DakotaComm, LLC?
6. In the Matter of the Establishment of Switched Access Revenue Requirements for Dockets TC04-111, TC04-112, TC04-114, TC04-115, TC04-116, TC04-117, TC04-118, TC04-119, TC04- 120, TC04-121, TC04-122, TC04-123, TC04-124, TC04-125
On June 25, 2004, Venture Communications Cooperative, Inc., Highmore, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carriers Association.
On June 25, 2004, City of Brookings Municipal Telephone Department filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carriers Association.
On June 29, 2004, Stockholm-Strandburg Telephone Co., Stockholm, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carriers Association.
On June 29, 2004, PrairieWave Telecommunications, Inc., Sioux Falls, South Dakota, filed a switched access cost study pursuant to the rules established by the Commission.
On June 30, 2004, Santel Communications Cooperative, Inc., Woonsocket, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carriers Association.
On June 30, 2004, James Valley Cooperative Telephone Company, Groton, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carriers Association.
On June 30, 2004, Kennebec Telephone Company, Kennebec, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carriers Association.
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 requested that the revised rates be effective August 1, 2004. At its July 20, 2004, meeting the Commission did not suspend the rates but allowed the rates to go into effect subject to refund with interest.
On July 1, 2004, Golden West Telecommunications Cooperative, Inc., Wall, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carriers Association.
TC04-121 In the Matter of the Establishment of Switched Access Revenue Requirement for Vivian Telephone Company. (Staff Analyst: Keith Senger, Staff Attorney: Karen Cremer)
On July 1, 2004, Vivian Telephone Company, Wall, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carriers Association.
On July 1, 2004, Sioux Valley Telephone Company, Dell Rapids, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carriers Association.
On July 1, 2004, Bridgewater-Canistota Independent Telephone Company, Hartford, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carriers Association.
On July 1, 2004, Union Telephone Company, Hartford, South Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carriers Association.
On July 1, 2004, West River Telecommunications Cooperative, Hazen, North Dakota, filed a switched access cost study developing a revenue requirement and minutes of use that are included in the revenue requirement and minutes of use used to determine the switched access rates for the Local Exchange Carriers Association. In accordance with ARSD 20:10:27:10, West River Telecommunications Cooperative requests that the Commission allow the use of GVNW's cost study model as opposed to the Commission model for determining West River Telecommunications Cooperative's revenue requirement.
TODAY, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000 in each of the above dockets? AND, shall the Commission allow the use of GVNW's cost study model in TC04-125?
7. In the Matter of Approving Agreements in TC04-113, TC04-129, TC04-130, TC04-131, and TC04-132.
On June 28, 2004, the Commission received a filing for approval of an Agreement to Adopt Qwest Corporation's Statement of Generally Accepted Terms ("SGAT") and Associated Exhibits for the State of South Dakota between Covista, Inc. and Qwest Corporation. According to the parties, by entering into the Agreement "Covista chooses to adopt, in its entirety, the terms and conditions of Qwest Corporation's Statement of Generally Accepted Terms ("SGAT") and Associated Exhibits for the State of South Dakota."
On July 8, 2004, the Commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between Valley Telecommunications Cooperative Association 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 July 8, 2004, the Commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between Armour Independent 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 July 8, 2004, the Commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between Bridgewater-Canistota Independent 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 July 8, 2004, the Commission received a Filing for Approval of a Reciprocal Interconnection, Transport and Termination Agreement between Union 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."
TODAY, shall the Commission approve the Proposed Agreements?
On July 2, 2004, Midstate Telecom, Inc. (MTI) submitted, for approval, revised pages to MTI's Switched Access Tariff No. 1. MTI's revised tariff rates are based on a statewide average in accordance with ARSD 20:10:27:12. MTI was granted exemption from developing intrastate switched access rates based on company specific costs in Docket TC02-032.
TODAY, shall the Commission Approve the Revisions to the Intrastate Switched Access Tariff?
On July 2, 2004, Northern Valley Communications (NVC) submitted, for approval, revised pages to NVC's Intrastate Switched Access Tariff No. 1. NVC's revised tariff rates are based on a statewide average in accordance with ARSD 20:10:27:12. NVC was granted exemption from developing intrastate switched access rates based on company specific costs in Docket TC02-170.
TODAY, shall the Commission Approve the Revisions to the Intrastate Switched Access Tariff?
Administrative
1. Telecommunications Outages (Staff Analyst: Jim Mehlhaff)
Recent events involving two South Dakota telecommunication providers have raised questions about how telecommunications providers, in general, communicate with the Commission about service outages and what type of redundancy is provided within their infrastructure. Each event involved a fiber cut that resulted from a contractor or individual who was conducting work for a third party not connected to the telecommunication provider. As a result of each fiber cut, telecommunication services for extended areas in South Dakota were affected. In both cases, the ability of law enforcement personnel at the federal, state or local levels were impacted, along with state government communications.
TODAY, how shall the commission proceed?
Announcements
1. The next regularly scheduled Commission meeting will be held August 31, 2004, at 9:30 a.m. in Room 412, at Pierre, South Dakota.
2. Commission meetings are scheduled for September 14, 2004.
3. Hearings on amendments to the South Dakota Do Not Call and Telecommunications Rules will be held at 8:30 a.m. in Room 413, August 24, 2004, at Pierre, South Dakota.
4. A hearing on LNP issues will be held at 1:30 p.m. in Room 412, August 31, 2004, at Pierre, South Dakota.
5. A Wireless Technology Forum will be held in Spearfish September 27 and 28, 2004.
______________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
August 10, 2004
