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South Dakota Public Utilities Commission Meeting
Tuesday, July 12, 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 July 11, 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 June 14, 2005. (Staff: Tina Douglas.)
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff)
On May 20, 2005, Larry Fliss filed a formal complaint against Otter Tail Power Company (Otter Tail). Complainant claims that for the last four years he and other residents in his neighborhood have experienced blinking and flickering lights. The problem appears to correspond with the local golf course watering schedule. Complainant asks that the problem be fixed by requiring the respondent to install a separate service line to the affected households or by having the golf course install soft starts on its irrigation pumps. Otter Tail filed a request for a 20-day extension to respond to the complaint on June 14, 2005, which was granted. On July 6, 2005, Otter Tail filed a second request for a 20-day extension to respond to the complaint.
TODAY, shall the Commission Grant the Request?
Electricity
On May 16, 2005, the City of Madison (City) filed for Commission approval a Sale of Property and Transfer of Service Territory. In September 2003, the City and Sioux Valley-Southwestern Electric Cooperative, Inc. (Sioux Valley-Southwestern) entered into an agreement to exchange service territory due to an annexation by the City. The parties failed to petition the Commission for approval of the transfer of service territory. This filing is to rectify that oversight and seeks approval of the transfer of electric service territory between the City of Madison and Sioux Valley-Southwestern. The property is located in the Northeast Quarter of Section 17, Township 106N, Range 52W that is not already city territory.
TODAY, shall the Commission Approve the Revised Service Territory?
Telecommunications
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." The Commission heard oral arguments at its June 28, 2005, meeting.
TODAY, what is the Commission's Decision?
On May 26, 2005, Metropolitan Telecommunications of South Dakota, Inc. filed an application seeking a Certificate of Authority to provide local and interexchange services throughout South Dakota. The Applicant proposes to offer all forms of interexchange throughout South Dakota and local exchange services in Qwest service territories.
TODAY, shall the Commission Grant a Certificate of Authority to Metropolitan Telecommunications of South Dakota, Inc.?
On May 31, 2005, the Local Exchange Carriers Association (LECA) and its members filed a request for a waiver from ARSD 20:10:27:14 which requires companies filing access cost studies to use a historic test year. More specifically, LECA and its members are requesting they be allowed to file using projected minutes of use instead of historic minutes of use. On June 21, 2005, the Commission received a Motion to Accept AT&T's Late-Filed Petition for Intervention of AT&T Communications of Midwest, Inc. and a Petition for Intervention of AT&T Communications of Midwest, Inc. The Commission granted intervention to AT&T at its June 28, 2005, meeting. On June 27, 2005, Midcontinent Communications filed a Petition for Intervention.
TODAY, shall the Commission Grant Midcontinent Communications' Petition for Intervention?
4. In the Matter of Approving Agreements in TC05-030 and TC05-034
On February 25, 2005, the Commission received a filing for approval of Qwest's Master Services Agreement. Qwest Corporation and Metropolitan Telecommunications of South Dakota, Inc., 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. . . ."
On February 25, 2005, the Commission received a filing for approval of a Wireline Adoption Interconnection Agreement between Qwest Corporation and Metropolitan Telecommunications of South Dakota, Inc. According to the parties, Metropolitan Telecommunications of South Dakota, Inc. wishes to adopt in its entirety, the Interconnection Agreement and any associated amendments between Sprint Communications Company L.P. and Qwest which was approved by the Commission on February 25, 2004, in Docket TC04-002.
TODAY, shall the Commission Approve the Agreements?
5. In the Matter of Approving Amendments to the Agreements in TC05-042, TC04-043, TC05-079, TC05-080, and TC05-081.
On February 25, 2005, the Commission received a filing for approval of an Amendment to the Interconnection Agreement for Elimination of UNE-P and Implementation of Batch Hot Cut Process and Discounts between Metropolitan Telecommunications of South Dakota, Inc. and Qwest Corporation. According to the parties, this Amendment revises the Interconnection Agreement between the parties, which is pending Commission approval in Docket TC05-034.
On February 25, 2005, the Commission received a filing for approval of the Triennial Review Order and USTA II Decision Amendment to the Interconnection Agreement between Metropolitan Telecommunications of South Dakota, Inc. and Qwest Corporation. According to the parties, this Amendment revises the Interconnection Agreement between the parties, which is pending Commission approval in Docket TC05-034.On June 9, 2005, the Commission received a filing for an Amendment to the Interconnection Agreement for the Elimination of UNE-P and Implementation of Batch Hot Cut Process between Qwest Corporation and Ionex Communications North, Inc. According to the parties, this Amendment revises the Interconnection Agreement between the parties, which was approved by the Commission on September 14, 1999, in Docket TC98-203.
On June 16, 2005, the Commission received a filing for approval of an Expedites for Design Services Amendment to the Interconnection Agreement between Qwest Corporation and AT&T Communications of the Midwest, Inc. According to the parties, this Amendment revises the Interconnection Agreement between the parties, which the Commission approved on May 13, 2004, in Docket TC04-080.
On June 16, 2005, the Commission received a filing for approval of a PS/ALI 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 the Commission approved on May 5, 1999, in Docket TC99-023.
TODAY, shall the Commission Approve the Amendments to the Agreements?
Administration
1. Initiation of Legal Action Against S&S Communications for Failure to Pay Fine in TC02-166. (Commission Counsel: John Smith)
On August 28, 2003, the Commission entered its order in TC02-166, In the Matter of S&S Communications/AternaCell's Compliance with Commission Order. In the order, the Commission levied a fine against S&S in the amount of $13,400. To date, S&S has not paid any portion of the fine. Staff is requesting that the Commission vote to request the attorney general, acting through the assistant attorneys general assigned to the Commission, to file a civil action against S&S and its partners to obtain enforcement of the fine. Staff has filed a copy of the proposed complaint with the Commission.
TODAY, shall the Commission request the Attorney General to initiate legal action on its behalf against S&S Communications to obtain enforcement of the fine levied by the Commission in TC02-166?
Announcements
1. The next regularly scheduled Commission meeting will be held August 9, 2005, at 10:30 a.m. in Room 412, at Pierre, South Dakota.
2. Commission meetings are scheduled for September 13 and 27, 2005.
3. Commissioners and staff will be attending the SDREA Legal Seminar July 7 - 8, 2005, in Oacoma, South Dakota.
4. 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
July 11, 2005
