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South Dakota Public Utilities Commission Meeting
Thursday, July 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 July 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
Administration
1. Approval of the Minutes of the Commission Meeting Held on June 28, 2005. (Staff: Tina Douglas.)
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
On April 14, 2005, Eldon Lindquist, representing Pierre Radio Paging & Telephone, filed a formal complaint against Venture Communications Cooperative, Inc. f/k/a Sully Buttes Telephone Cooperative, Inc. (Venture). Complainant claims that he has been seeking reimbursement for payments that according to an FCC decision were unlawfully collected from his company by the respondent. Complainant seeks to have the Public Utilities Commission help him resolve this matter by determining if the respondent made reasonable attempts to resolve this matter and reviewing the overcharges and helping to determine a fair settlement. On May 4, 2005, Venture filed a Motion to Dismiss or Alternatively Motion to Strike.
TODAY, shall the Commission Grant the Motion?
Electricity
On May 12, 2004, Superior Renewable Energy LLC (Superior) 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. The Commission granted intervention to MDU on June 8, 200. The Commission granted intervention to MidAmerican, NorthWestern, and Black Hills at its June 22, 2004 meeting. The Commission granted intervention to Xcel on August 17, 2004. By its Second Amended Order for and Notice of Procedural Schedule and Hearing dated January 5, 2005, the hearing in this matter was scheduled to begin on March 21, 2005. In response to the joint motion of the parties at the commencement of the hearing, the Commission voted unanimously to grant the request for continuance, and on March 21, 2005, the Commission issued an Order Continuing Hearing continuing the hearing until the further notice from the Commission. The parties subsequently notified the Commission that they had failed to reach a settlement and requested the hearing in the matter be rescheduled. The Commission ordered the hearing to commence August 2, 2005. On July 21, 2005, Superior filed a Motion for Continuance.
TODAY, shall the Commission Grant the Motion for Continuance?
On May 24, 2005, NorthWestern Corporation d/b/a NorthWestern Energy (NorthWestern) and Douglas Electric Cooperative, Inc. (Douglas) filed a joint request for Commission approval of a service rights exception. The parties are requesting an exception, pursuant to SDCL 49-34A-55 that would allow NorthWestern to serve the Calvin Baier residence in Douglas County, South Dakota. The parties to this agreement agree that the public interest would be served by NorthWestern providing electrical service to the residence. Specifically, the parties state that it would eliminate and avoid unnecessary duplication of facilities, allow the customer to receive adequate electric service, and promote the efficient and economical use and development of the electric systems as NorthWestern has existing facilities in close proximity to the customer and Douglas would need to construct approximately 1.5 miles of line to serve the customer. The customer has no objection to approval of the agreement.
TODAY, shall the Commission Approve the Joint Request for an Electric Service Rights Exception?
On June 6, 2005, Xcel Energy, Inc. (Xcel) and Central Electric Cooperative, Inc. (CEC) filed for Commission approval a joint Exception to Service on Assigned Areas agreement. CEC agrees to permit Xcel to extend its facilities into CEC's assigned territory as described on Exhibit A which is attached to the above-referenced agreement. CEC has received a request for three phase service to a new structure near Emery, SD. CEC's nearest three phase power supply is 2.5 miles away from the structure. Xcel has three phase electric distribution facilities located near the site and has agreed to provide service to the small commercial business that has requested electric service.
TODAY, shall the Commission Approve the Exception to Service on Assigned Areas?
Natural Gas
Application by MidAmerican Energy for approval of Interruptible Monthly Metered Transportation Gas Pilot Service which has been requested by customer(s). This service is similar to the Monthly Metered Transportation Gas Pilot (MMTGP) approved in docket NG04-003. The MMTGP approved in NG04-003 is available to Schools and other Governmental Entities that have similar weather sensitive load profiles that can be forecasted with reasonable certainty. The entities can be consolidated into a Pool which is represented by a Pool Operator which is responsible for contracting for and causing the delivery of gas for Pool participants. The proposed new service would allow the Pool operator to utilize interruptible gas supplies as opposed to firm supply.
TODAY, shall the Commission Approve the Tariff Revisions?
Telecommunications
On March 15, 2005, New Rochelle Telephone Corp. (New Rochelle) Telephone Corp. filed an application for a certificate of authority to provide interexchange and local telecommunications services in South Dakota. New Rochelle proposes to serve residential and business customers with inbound and outbound resold long distance telecommunications services. New Rochelle will not provide operator assisted services. New Rochelle plans to provide local service through a combination of resale of incumbent local exchange carrier (ILEC) services in combination with a strategic utilization of unbundled network elements purchased from the ILEC. New Rochelle requests authority to operate as a competitive local exchange carrier in all areas defined by the existing exchange areas of Qwest Corporation.
TODAY, shall the Commission Deny the Certificate of Authority for New Rochelle Telephone Corp.?
2. In the Matter of Approving Agreements in TC05-024 and TC05-033.
On February 22, 2005, the Commission received a filing for the approval of Qwest's Master Services Agreement. Qwest Corporation and New Rochelle Telephone Corp. f/k/a Peconic Telco, 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 New Rochelle Telephone Corp. According to the parties, New Rochelle Telephone Corp, wishes to adopt in its entirety, the Interconnection Agreement and any associated amendments between Covista, Inc. and Qwest which was approved by the Commission on August 26, 2004, in Docket TC04-113.
TODAY, shall the Commission Deny the Agreements?
3. In the Matter of Approving Amendments to the Agreements in TC05-038 and TC05-039
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 New Rochelle Telephone Corp. and Qwest Corporation. According to the parties, this Amendment revises the Interconnection Agreement between the parties, which is pending Commission approval in Docket TC05-033.
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 New Rochelle Telephone Corp. and Qwest Corporation. According to the parties, this Amendment revises the Interconnection Agreement between the parties, which is pending Commission approval in Docket TC05-033.
TODAY, shall the Commission Deny the Amendments to the Agreements?-
4. In the Matter of Approving Amendments to the Agreements in TC05-088 and TC05-089.
On June 27, 2005, the Commission received a filing for approval of a Triennial Review Order and Triennial Review Remand Order Amendment to the Interconnection Agreement between Qwest Corporation and Sancom, Inc. d/b/a Mitchell Telecom. According to the parties, this Amendment revises the Wireline Adoption Interconnection Agreement which was approved by the Commission on September 22, 2004, in Docket TC04-143.
On June 27, 2005, the Commission received a filing for approval of a Collocation Amendment to the Interconnection Agreement between Qwest Corporation and XO Communications Services, Inc. According to the parties, this Amendment revises the Interconnection Agreement which was approved by the Commission on February 25, 2004, in Docket TC04-007.
TODAY, shall the Commission Approve the Amendments to the Agreements?
5. In the Matter of Establishing a Switched Access Revenue Requirement in TC05-083, TC05-087, TC05-090, TC05-091, TC05-092, TC05-093, TC05-094, TC05-095, TC05-097, TC05-098, and TC05-099.
On June 21, 2005, Alliance Communications Cooperative, Inc., Garretson, 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 27, 2005, 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, 2005, Midstate Communications, Inc., Kimball, 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 Carrier Association.
On June 29, 2005, Western Telephone Company, Faulkton, 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 Carrier Association.
On June 29, 2005, Beresford Municipal Telephone Company, Beresford, 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 Carrier Association.
On June 29, 2005, Roberts County Telephone Cooperative Association, New Effington, 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 Carrier Association.
On June 29, 2005, McCook Cooperative Telephone Company 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 Carrier Association.
On June 29, 2005, 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 Carrier Association.
On June 30, 2005, 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 Carrier Association.
On June 30, 2005, Tri-County Telcom, Inc., Emery, 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 Carrier Association.
On July 1, 2005, Fort Randall Telephone Company and Mount Rushmore Telephone Company, Wagner and Keystone, South Dakota, respectively, filed a switched access cost study pursuant to the administrative rules established by the Commission.
TODAY, shall the Commission Assess a Filing Fee Not to Exceed $100,000 with an Initial Deposit of $1,000 in Each of the Dockets Above?
On June 29, 2005, 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 requests that the revised rates be effective August 1, 2005.
TODAY, shall the Commission Assess a Filing Fee Not to Exceed $100,000 with an Initial Deposit of $1,000? AND, pursuant to SDCL 49-31-12.4, shall the Commission Suspend the Operation of the Tariff for One-Hundred Twenty Days Beyond the Proposed Effective Date of the Rate?
Administration
1. Review of Implementation of FCC Requirements for 811. (Staff Attorney: Sara Greff)
On July 20, 2005, staff filed a memo requesting that the Commission open a docket or conduct some other type of proceeding regarding the Implementation of 811. The Federal Communications Commission (FCC) has issued a report and order regarding the designation and implementation of 811 as a National Abbreviated Dialing Code for One Call Notification.
TODAY, how shall the Commission Proceed?
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. 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.
4. Federal Communications Commission Commissioner Jonathan Adelstein will be joining the South Dakota Commission on its "Broadband Road Trip" August 23-25, 2005. The event will spotlight various businesses in South Dakota that are using the latest telecommunications technology to enhance their business. Stops will include Sioux Falls, Mitchell, Groton, Kennebec, Pierre, Cheyenne River Indian Reservation, Philip and Deadwood.
5. A hearing in docket CT05-001 has been scheduled to begin at 10:00 a.m. on August 30, 2005, and continue at 8:30 a.m. August 31, 2005, in Room 412, State Capitol, Pierre, South Dakota.
6. The South Dakota Public Utilities Commission and the U.S. Department of Energy are partnering together to host a Regional Wind Conference, September 11-13, 2005, at the Swiftel Center, Brookings, S.D.
______________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
July 21, 2005
