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South Dakota Public Utilities Commission Meeting
Thursday, September 30, 2004 at 2:00 P.M.
Room 412, State Capitol Building, Pierre, South Dakota
NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201.
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 AD HOC MEETING
Electric
On May 12, 2004, Superior Renewable Energy LLC and its wholly owned subsidiary, Java LLC, filed a complaint 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 (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 a June 22, 2004 meeting. On July 16, 2004, Northern States Power Company d/b/a Xcel Energy (Xcel) filed a Petition to Intervene. The Commission granted intervention to Xcel a August 17, 2004 meeting.
TODAY, shall the Commission move to proceed, with notice, to make such investigation as it may deem necessary into the matters raised in the Complaint of Superior Renewable Energy LLC, et al against Montana Dakota Utilities Co. regarding the Java Wind Project? AND, shall the Commission establish a procedural schedule?
Natural Gas
Application by NorthWestern Energy to update its fuel retention percentage for natural gas transportation service. NorthWestern Energy's tariff provides that the fuel retention percentage be adjusted annually with the updated percentage to be effective October 1 of each year.
TODAY, shall the Commission approve the Tariff Revisions for NorthWestern Energy?
Application by NorthWestern Energy for approval of a contract with deviations for service to Northern Lights Ethanol Plant by discontinuing to charge for company used and lost and unaccounted for gas. NorthWestern Energy states the gas line serving the plant is a direct line to the plant and does not come in contact with the NorthWestern distribution system. The filing also proposes to remove certain currently listed contracts with deviations because they are no longer in effect.
TODAY, shall the Commission approve the Contract with Deviations and the Tariff Revisions for NorthWestern Energy?
Telecommunications
On July 19, 2004, Black Hills FiberCom, L.L.C. filed a petition for designation as an Eligible Telecommunications Carrier (ETC) in the communities of Belle Fourche, Black Hawk, Lead/Deadwood, Piedmont, Spearfish, Sturgis, and Whitewood. "Because Black Hills FiberCom currently provides service entirely through its own facilities and not through resale or lease of an incumbent carrier's facilities, Black Hills FiberCom seeks ETC designation based on the geographic area depicted in [Confidential] Exhibit A, rather than on the incumbent carrier's exchange boundaries."
TODAY, shall the Commission enter an Order designating Black Hills FiberCom, L.L.C. as an ETC for its requested ETC service area, AND shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal services support?
2. In the Matter of the Request for Federal Universal Service Support Certification in Dockets TC04-194, TC04-195, TC04-197, and TC04-198
On September 7, 2004, Dickey Rural Telephone Cooperative (Dickey Rural) provided information constituting Dickey Rural's plan for the use of its federal universal service support and to otherwise verify that Dickey Rural 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.
On September 7, 2004, Dickey Rural Communications, Inc. (Dickey Rural) provided information constituting Dickey Rural's plan for the use of its federal universal service support and to otherwise verify that Dickey Rural 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.
On September 15, 2004, Midcontinent Communications provided information constituting Midcontinent Communications' plan for the use of its federal universal service support and to otherwise verify that Midcontinent Communications 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.
On September 16, 2004, Farmers Mutual Telephone Company (Farmers) provided information constituting Farmers' plan for the use of its federal universal service support and to otherwise verify that Farmers 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 provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal services support as proposed in each of the above dockets?
On September 21, 2004, Hills Telephone Company, Inc. (Hills) submitted a Petition for Designation as an Eligible Telecommunications Carrier (ETC) pursuant to Section 241(e)(2) of the Telecommunications Act of 1934, as amended (Act), 47 U.S.C. Section 214(e)(2), and Section 54.201 of the Federal Communications Communication (FCC) rules, 47 C.F.R. Section 54.201. Hills requests that it be designated as eligible to receive all available support from the federal Universal Service Fund (USF) including, but not limited to, support for rural, insular and high-cost areas and low-income customers. Section 214(e)(1) of the Act and Section 54.201(d) of the FCC's rules provide that carriers designated as ETCs shall, throughout their service area, (1) offer the services that are supported by federal universal service support mechanisms either using their own facilities or a combination of their own facilities and resale of another carrier's services, and (2) advertise the availability of such services and the charges therefor using media of general distribution. Hills is a full-service wireline communications carrier which will offer all of these services as soon as the sale of the Valley Springs Exchange closes by utilizing the existing facilities and infrastructure currently utilized by Sioux Valley Telephone Company. Hills requests that the Public Utilities Commission: (1) enter an Order designating Hills as an ETC for its requested ETC service area; and (2) certify to the FCC that Hills will use the federal USF support for its intended purposes.
TODAY, shall the Commission enter an Order designating Hills as an ETC for its requested ETC service area, AND shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal services support effective upon completion of the sale transaction?
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
September 24, 2004
