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South Dakota Public Utilities Commission Meeting
Tuesday, June 28, 2005 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 27, 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
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff)
Natural Gas
Application of Montana-Dakota Utilities Co. for approval of waiver of the annual May 1 date to update the Surcharge Adjustment which amortizes the balance of the Unrecovered Purchase Gas Account over a 12 month period. Montana-Dakota is requesting the waiver so that it can implement an out of cycle change to the Surcharge Adjustment in order to pass back a refund it recently received from Williston Basin Interstate Pipeline Company. The refund resulted from a recent decision by the Federal Energy Regulatory Commission concerning a rate increase request filed by Williston Basin in 1999. Montana-Dakota Utilities Co. requests approval with less than 30 days notice.
TODAY, shall the Commission Approve the Waiver?
Telecommunications
On May 25, 2005, the Commission received a filing for the approval of Qwest's Master Services Agreement. Qwest Corporation and Ionex Communications North, 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. . . ." Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than June 14, 2005. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments.
TODAY, shall the Commission Approve the Master Services Agreement?
On June 1, 2005, the Commission received a filing for approval of a Paging Adoption Interconnection Agreement between Qwest Corporation and Vantek Communications, Inc. According to the parties, "Vantek is adopting the Interconnection Agreement between Arch Paging and Qwest Corporation which was approved by the Commission on September 29, 2000, TC00-108. Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than June 21, 2005. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments.
TODAY, shall the Commission Approve the Paging Adoption Interconnection Agreement?
3. In the Matter of Approving Amendments to the Agreements in TC05-076, TC05-077, and TC05-078.
On June 1, 2005, the Commission received a filing for approval of an Amendment to the Interconnection Agreement for the Elimination of UNE-P and Implementation of Batch Hot Cut Process between Qwest Corporation and DIECA Communications, Inc. d/b/a Covad Communications Company. According to the parties, this Amendment revises the Interconnection Agreement between the parties, which was approved by the Commission on November 18, 1999, in Docket TC99-017. Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than June 21, 2005. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments.
On June 1, 2005, the Commission received a filing for approval of a Rate Updates Amendment to the Interconnection Agreement between Qwest Corporation and Midcontinent Communication. According to the parties, this Amendment revises the Interconnection Agreement between the parties, which was approved by the Commission on May 5, 1999, in Docket TC99-023. Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than June 21, 2005. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments.
On June 1, 2005, the Commission received a filing for approval of a Border Town Amendment to the Interconnection Agreement between Qwest Corporation and Midcontinent Communications. According to the parties, this Amendment revises the Interconnection Agreement between the parties, which was approved by the Commission on May 5, 1999, in Docket TC99-023. Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than June 21, 2005. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments.
TODAY, shall the Commission Approve the Amendments to the Agreements?
4. In the Matter of Disapproving the Agreements in TC04-211, TC05-031, TC05-045, TC05-068, and TC05-070.
On October 27, 2004, the Commission received a filing for approval of an Adoption Agreement between Qwest Corporation and NorthStar Telecom, Inc., a wholly owned subsidiary of Midwest Marketing Group, Inc. According to the parties, "NorthStar wishes to adopt, in its entirety, the terms of the Interconnection Agreement and any associated amendments, if applicable, between AT&T Communications of the Midwest, Inc. and Qwest that was approved by the Commission on May 13, 2004." Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than November 16, 2004. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments.
On February 25, 2005, the Commission received a filing for approval of Qwest's Master Services Agreement. Qwest Corporation and PiperTel Communications, LLC have executed a commercial agreement related to the provisions 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. . . ." Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than March 17, 2005. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments.
On March 2, 2005, the Commission received a filing for approval of Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, and Resale of Telecommunications Services Agreement between Qwest Corporation and PiperTel Communications, LLC. According to the parties, the Agreement "sets forth the terms, conditions and pricing under which Qwest will provide to CLEC network Interconnection, access to Unbundled Network Elements, ancillary services, and Telecommunications Services. . ." to PiperTel Communications, LLC. Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than March 22, 2005. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments.
On May 25, 2005, the Commission received a filing for the approval of a Wireline Adoption Interconnection Agreement between Qwest Corporation and Prime Time Ventures, LLC. According to the parties, Prime Time Ventures, LLC "is adopting the Interconnection Agreement between Covista, Inc. and Qwest Corporation which was approved by the Commission on August 26, 2004, in TC04-113." Any party wishing to comment on the Amendment may do so by filing written comments with the Commission and the parties to the Amendment no later than June 14, 2005. Parties to the Amendment may file written responses to the comments no later than twenty days after the service of the initial comments.
On May 31, 2005, the Commission received a filing for approval of Qwest's Master Services Agreement. Qwest Corporation and Prime Time Ventures, LLC, 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. . . ." Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than June 20, 2005. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments.
TODAY, shall the Commission Disapprove the Agreements?
5. In the Matter of Disapproving the Amendments to the Agreements in TC04-212, TC05-071, TC05-072, and TC05-075.
On October 27, 2004, the Commission received a filing for approval of a Triennial Review Order and USTA II Decision Amendment between Qwest Corporation and NorthStar Telecom, Inc., a wholly owned subsidiary of Midwest Marketing Group, Inc. According to the parties, the amendment is made in order to change or add terms, conditions and rates for certain UNEs. Any party wishing to comment on the Amendment may do so by filing written comments with the Commission and the parties to the Amendment no later than November 16, 2004. Parties to the Amendment may file written responses to the comments no later than twenty days after the service of the initial comments.
On May 31, 2005, the Commission received a filing for approval of an Amendment to the Interconnection Agreement for the Elimination of UNE-P and Implementation of Batch Hot Cut Process between Qwest Corporation and Prime Time Ventures, LLC. According to the parties, this Amendment revises the Interconnection Agreement between the parties, which is pending Commission approval. Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than June 20, 2005. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments.
On May 31, 2005, the Commission received a filing for approval of a Triennial Review Order and USTA II Decision Amendment to the Interconnection Agreement between Qwest Corporation and Prime Time Ventures, LLC. According to the parties, this Amendment revises the Wireline Adoption Interconnection Agreement which is pending Commission approval. Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than June 20, 2005. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments.
On June 1, 2005, the Commission received a filing for approval of an Amendment to the Interconnection Agreement for the Elimination of UNE-P and Implementation of Batch Hot Cut Process between Qwest Corporation and Northstar Telecom, Inc. According to the parties, "this Amendment revises the Interconnection Agreement between the parties approved by the Commission on January 22, 2005 by operation of law." Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than June 21, 2005. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments.
TODAY, shall the Commission Disapprove the Amendments to the Agreements?
On March 28, 2005, DIECA Communications, Inc., d/b/a Covad Communications Company (Covad) filed a petition to arbitrate certain terms and conditions of a proposed Interconnection Agreement between Covad and Qwest Corporation (Qwest). In its petition, Covad states that "Covad and Qwest have been unable to come to agreement on all terms, particularly certain terms relating to Qwest's continuing obligations to provide unbundled access to certain elements pursuant to section 271 of the Act and South Dakota law." Pursuant to ARSD 20:10:32:30, Qwest may respond to this "petition for arbitration and provide additional information within 25 days after the commission receives the petition."
TODAY, the Commission shall Hear Oral Arguments.
Announcements
1. The next regularly scheduled Commission meeting will be held July 12, 2005, at 10:30 a.m. in Room 412, at Pierre, South Dakota.
2. Commission meetings are scheduled for July 28 and August 9, 2005.
3. 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. in Room 412, State Capitol, Pierre, South Dakota.
4. The PUC office will be closed July 4, 2005, in observance of Independence Day.
5. Commissioners and staff will be attending the SDREA Legal Seminar July 7 - 8, 2005, in Oacoma, South Dakota.
6. 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 21, 2005
