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South Dakota Public Utilities Commission Meeting
Tuesday, June 14, 2005 at 10:30 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 13, 2005.
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 May 24, 2005. (Staff: Tina Douglas.)
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff)
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. The Commission denied Qwest's Motion to Dismiss. at its December 28, 2004, meeting. The Commission believes that it has jurisdiction to rule on billings issued pursuant to an intrastate access tariff approved by this Commission and to order the refund of payments made against improper billings under that tariff. The Commission found in favor of Qwest with respect to intrastate access billings prior to the effective date of the FCC's Order on Remand, and found for Black Hills FiberCom with respect to intrastate access payments it made from the effective date of the Order on Remand to the present and ordered Qwest to refund these amounts. The Commission didn't believe it had precise enough billing evidence before them to determine the amount to be refunded. The parties should have an opportunity to petition the Commission for a determination of the precise amount if they are unable to agree following issuance of the order. Also, the Commission wants noted that additional compensation may be due to Qwest for the period after the effective date of the Order on Remand, that is a matter for the FCC and the federal courts. The Commission denied Qwest's counterclaims on the grounds that FiberCom's actions of which Qwest complains occurred after the effective date of the Order on Remand, and that any determination of discrimination or other wrongful conduct by Black Hills FiberCom with respect to the interstate traffic at issue should be made by the FCC or a federal court. On May 26, 2005, the Parties filed a Joint Notice of Settlement and Motion to Dismiss.
TODAY, since the Parties have Settled the Matter, shall the Commission Dismiss, with Prejudice, Black Hills FiberCom's Amended Complaint and Qwest's Counterclaim, Revoke the Commission's Amended Interim Decision and Order issued on March 14, 2005 and close the docket?
On February 16, 2005, WWC License LLC (WWC) filed a complaint against Golden West Telecommunications Cooperative, Inc. (Golden West), and Vivian Telephone Company, Sioux Valley Telephone Company, Union Telephone Company, Armour Independent Telephone Company, Bridgewater-Canistota Telephone Company and Kadoka Telephone Company (affiliated companies). WWC is seeking reimbursement for alleged overpayments it made to Golden West and its affiliated companies. WWC requests that the Commission order Golden West and its affiliated companies to repay the amounts overpaid, to award double the damages pursuant to SDCL 49-31-14.1, to reimburse WWC's attorney's fees pursuant to SDCL 49-13-14.1 and to grant WWC such other and further relief that may be proper or equitable. On March 8, 2005, Golden West filed an Answer and Counterclaim. On March 29, 2005, WWC filed an Answer to Golden West Companies' Counterclaim. Both parties agreed that Kadoka Telephone Company should not be included in the complaint on March 29, 2005. WWC filed a Motion for Partial Summary Judgment and a Memorandum in Support of Motion for Partial Summary Judgment on April 6, 2005. At its meeting on May 24, 2005, the Commission voted unanimously to grant WWC's Motion for Partial Summary Judgment with respect to jurisdiction and find that the Commission does have jurisdiction to consider the issues raised by the parties but to defer action on the issues of interest and refund of undisputed amounts held by Golden West.
TODAY, how shall the Commission rule on the remaining issues raised by WWC's Motion for Partial Summary Judgment?
Electricity
On May 5, 2005, MidAmerican Energy filed revisions to its South Dakota Electric Tariff No. 1 for Commission approval. MidAmerican is revising Sheet No. 3 in Section No. 5 of the tariff. The revision eliminates the requirement for the Company to inform the Commission of instances in which energy diversion is detected. MidAmerican is unable to find this reporting requirement in South Dakota rule.
TODAY, shall the Commission Approve the Tariff Revisions?
Natural Gas
On May 5, 2005, MidAmerican Energy filed revisions to its South Dakota Gas Sales Tariff for Commission approval. MidAmerican is revising Sheet No. 14 in Section No. V of the tariff. The revision eliminates the requirement for the Company to inform the Commission of instances in which energy diversion is detected. MidAmerican is unable to find this reporting requirement in South Dakota rule.
TODAY, shall the Commission Approve the Tariff Revisions?
Telecommunications
On January 19, 2005, Northstar Telecom, Inc. submitted an application for a Certificate of Authority to provide interexchange and local exchange telecommunication service in South Dakota. Northstar intends to provide facilities based 1+ and 101XXXX outbound dialing, 800/888 toll free inbound dialing, calling cards, and data services, as well as, local exchange service for business and residential customers. Northstar intends to provide interexchange service throughout South Dakota and local exchange service throughout the state in the areas served by Qwest.
TODAY, shall the Commission Grant a Certificate of Authority to Northstar Telecom, Inc.?
On May 18, 2005, Network Service Billing, Inc. filed an application seeking a Certificate of Authority to provide interexchange services throughout South Dakota. The Applicant is a reseller that intends to offer direct and dial around outbound dialing, toll free inbound dialing, directory assistance, data services and post paid calling card services.
TODAY, shall the Commission Grant a Certificate of Authority to Network Service Billing, Inc.?
3. In the Matter of Approving Agreements in TC05-064 and TC05-066
On May 20, 2005, the Commission received a filing for the approval of Qwest's Master Services Agreement. Qwest Corporation and BullsEye Telecom, Inc., have executed a commercial agreement related to the provisioning of switching and shared transport. The Master Services Agreement is being filed in compliance with the Commission's Order dated October 29, 2004, in Docket TC04-144. In its cover letter Qwest stated that, "Qwest has disputed and will continue to dispute, that the (Master Services) Agreement and similar commercial arrangements between Qwest and CLECs are ICAs that must be filed with the Commission for approval pursuant to Section 252 of the Act. Notwithstanding this position, and without waiving any of its rights or arguments on these issues, Qwest is filing the Agreement as set forth above. Qwest is making the filing solely to avoid further controversy or disputes with the Commission regarding the appropriate legal status of the Agreement. . . ."
On May 20, 2005, the Commission received a filing for the approval of Qwest's Master Services Agreement. Qwest Corporation and DIECA Communications, Inc., d/b/a Covad Communications Company, have executed a commercial agreement related to the provisioning of switching and shared transport. The Master Services Agreement is being filed in compliance with the Commission's Order dated October 29, 2004, in Docket TC04-144. In its cover letter Qwest stated that, "Qwest has disputed and will continue to dispute, that the (Master Services) Agreement and similar commercial arrangements between Qwest and CLECs are ICAs that must be filed with the Commission for approval pursuant to Section 252 of the Act. Notwithstanding this position, and without waiving any of its rights or arguments on these issues, Qwest is filing the Agreement as set forth above. Qwest is making the filing solely to avoid further controversy or disputes with the Commission regarding the appropriate legal status of the Agreement. . . ."
TODAY, shall the Commission Approve the Agreements?
On May 20, 2005, the Commission received a filing for the approval of Rate Updates Amendment to the Interconnection Agreement between Qwest Corporation and Midcontinent Communications. According to the parties, the "Amendment revises the Interconnection agreement between the parties approved by the Commission on May 5, 1999, in Docket TC99-023."
TODAY, shall the Commission Approve the Amendment to the Agreement?
Announcements
1. The next regularly scheduled Commission meeting will be held June 28, 2005, at 9:30 a.m. in Room 412, at Pierre, South Dakota.
2. Commission meetings are scheduled for July 12 and 26, 2005.
3. Commissioners and staff will be attending the Mid-America Regulatory Conference June 18 - 22, 2005, in Little Rock, Arkansas.
4. The Commission has scheduled an instructional presentation on regional transmission organization entitled "RTO-101" to begin June 28, 2005 from 1:30 to 5:00 p.m. and continuing on June 29, 2005 from 9:00 a.m. until 3:00 p.m. CST in Room 412, State Capitol, Pierre, South Dakota.
5. The PUC office will be closed July 4, 2005, in observance of Independence Day.
6. Commissioners and staff will be attending the SDREA Legal Seminar July 7 - 8, 2005, in Oacoma, South Dakota.
7. A hearing in docket EL04-016 has been scheduled to begin at 10:00 a.m. on August 2, 2005, and continue at 8:30 a.m. August 3 - 5, 2005, in Room 412, State Capitol, Pierre, South Dakota.
______________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
June 7, 2005
