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South Dakota Public Utilities Commission Meeting
Tuesday, December 6, 2005, at 9:30 A.M.
State Capitol Building, Room 468
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 December 5, 2005. The lines are limited and are given out on first come/first serve basis. Ultimately, if you wish to participate in the Commission Meeting and a line is not available you may have to appear in person.
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AGENDA OF COMMISSION MEETING
Administration
1. Approval of the Minutes of the Commission Meeting Held on November 1, 2005, and Ad Hoc Commission Meeting Held on November 23, 2005. (Staff: Tina Douglas.)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Natural Gas
On October 28, 2005, NorthWestern filed for Commission approval revisions to its natural gas transportation tariffs, including changes to customer balancing, imbalance penalties, cash out provisions, standby service options, general terms and conditions and sample forms. NorthWestern states the proposed revisions will address changes at the federal level concerning industry standard rules and procedures and also address certain current operating conditions. The revisions will also update tariffs to reflect the name change from NorthWestern Public Service Company to NorthWestern Energy.
TODAY, shall the Commission Approve the Tariff Revisions?
On October 28, 2005, MidAmerican Energy Company (MidAmerican) filed for Commission approval a revision to the notification period for customers' intent to become transporters under the Monthly Metered Transportation Gas Pilot Project tariff. Currently, the tariff requires the customer's Certified Natural Gas Provider take assignment of the applicable portion of MidAmerican's interstate pipeline capacity attributable to the customer if notice was not given "last year" of intent to become a transporter. The proposed revision specifies a "twelve-month notice" of intent to become a transporter.
TODAY, shall the Commission Approve the Tariff Revisions?
Telecommunications
On May 4, 2005, Trans National Communications International, Inc. (TNCI) filed for a certificate of authority to provide resold facilities-based local exchange service in South Dakota. TNCI "proposes to offer local exchange telecommunications services within the state of South Dakota as a combination of resale and facilities-based service through the underlying local exchange provider, Qwest Communications, Inc….[TNCI] does not presently plan to offer services to residential consumers within the state of South Dakota." On July 13, 2005, TNCI filed a revised certificate of authority to provide resold facilities-based local exchange service in South Dakota.
TODAY, shall the Commission Grant the Certificate of Authority to Trans National Communications International, Inc.?
On June 20, 2005, Advanced Tel, Inc. d/b/a ATI filed an application seeking a Certificate of Authority to provide interexchange services throughout South Dakota. The Applicant intends to offer resold long distance services to residential and business customers.
Today, shall the Commission Grant the Certificate of Authority to Advanced Tel, Inc. d/b/a ATI?
On July 8, 2005, CommPartners, LLC submitted an application for a Certificate of Authority to provide local exchange and interexchange services in South Dakota. CommPartners, LLC is in the process of building an Internet Protocol-based (IP) communications network for the provision of voice and data services. The network is designed to connect public and private IP networks with the Public Switched Telephone Network. The applicant intends to provide local service in the areas served by Qwest and interexchange services throughout South Dakota.
TODAY, shall the Commission Grant a Certificate of Authority to CommPartners, LLC?
On August 26, 2005, Midcontinent Communications (Midcontinent) filed an application to amend its certificate of authority to provide local exchange service and long distance services in the Wolsey exchange of Santel Communications Cooperative, Inc. (Santel), a rural telecommunications carrier. In the Wolsey exchange Midcontinent will use Santel resold services for residential telephone services. In addition to providing local exchange services for commercial and residential customers, Midcontinent also will provide intrastate interexchange services for commercial and residential customers and interstate interexchange services for commercial and residential customers. Midcontinent has requested interconnection pursuant to 47 U.S.C. Section 251(f)(1)(A) with Santel, requests confidential treatment of its financial information, and requests a waiver from providing services to the entire Santel service area to provide local exchange service in the Wolsey exchange of Santel. The South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene on September 16, 2005. Intervention was granted to SDTA at the September 27, 2005, Commission Meeting. On October 6, 2005, Santel Communications Cooperative, Inc. filed a Petition for Intervention. Santel Communications Cooperative, Inc. was granted intervention on November 1, 2005.
TODAY, shall the Commission Amend Midcontinent Communications' Certificate of Authority to provide local exchange service in the rural exchange area of Wolsey, South Dakota? And shall the Commission Grant a Waiver of ARSD 20:10:32:18?
5. In the Matter of the Approval of Amendments to Agreements in Dockets TC05-181, TC05-182, TC05-183, TC05-187 and TC05-188
On October 11, 2005, the Commission received a filing for approval of an Expedites for Design Services Amendment to the Interconnection Agreement between Qwest Corporation and Granite Telecommunications, LLC. According to the parties, this Amendment adds terms, conditions and rates to the original Expedites for Design Services.
On October 11, 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 OrbitCom, Inc. According to the parties, this Amendment deletes, changes or adds terms and conditions for certain UNEs.
On October 17, 2005, the Commission received a filing for approval of an End Office with Local Tandem Functionality Amendment to an Interconnection Agreement between Qwest Corporation and Northern Valley Communications, LLC. According to the parties, this Amendment adds terms and conditions for End Office with Local Tandem Functionality.
On October 28, 2005, the Commission received a filing for approval of an Elimination of UNE-P and Implementation of Batch Hot Cut Process Version 2-1 Amendment to the Interconnection Agreement between Qwest Corporation and Ionex Communications North, Inc. (fka Advanced Communications Group and FirsTel, Inc.). According to the parties, "the provisions of this Amendment are intended to amend and supersede those provisions of CLEC's existing and all future Interconnection or other Agreements only as they relate to Qwest's offering of Unbundled Mass Market Switching or Unbundled Enterprise Switching and Unbundled Shared Transport in combination with other network elements as part of the Unbundled Network Element Platform, and Batch Hot Cuts."
On October 28, 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 PrairieWave Telecommunications, Inc. According to the parties, this Amendment incorporates the Triennial Review Order and the Triennial Review Remand Order into the lnterconnection Agreement between the parties.
TODAY, shall the Commission Approve the Amendments to the Agreements?
On November 15, 2005, OrbitCom filed a petition asking for an extension of its exemption from developing company-specific cost-based switched access rates as authorized in Docket TC02-107. OrbitCom is asking for a waiver of ARSD 20:10:27:07 and 20:10:27:12 and is requesting to mirror Qwest rates.
TODAY, shall the Commission Grant the Extension for Exemption from Developing Company-Specific Cost-Based Switched Access Rates?
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, 2004. 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. On March 21, 2005, the Commission issued an order 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 be rescheduled. The Commission noticed the hearing for August 2, 2005. On July 21, 2005, Superior filed a Motion for Continuance, which the Commission granted on July 28, 2005. On August 18, 2005, the Commission issued a Second Order for and Notice of Hearing Following Continuance, setting the matter for hearing on November 2, 2005. On September 16, 2005, MDU filed a Deferral Motion requesting a continuance of the matter until FERC has released its decision in Alliant Energy Corporate Services, Inc. On September 27, 2005, Superior filed a Response to Deferral Motion and Request for Affirmative Relief requesting that the Commission deny MDU's Deferral Motion and grant affirmative relief in the form of an order finding that MDU has an existing obligation and/or contract pending approval under PURPA and thus is subject to PURPA's mandatory purchase obligation and an order to show cause why MDU is not in violation of its PURPA obligations. On October 3, 2005, Staff filed a Response to MDU's Deferral Motion and MDU filed a Reply to Superior's Comments on the Deferral Motion and Request for Affirmative Relief. Superior filed a Motion for Reconsideration on October 7, 2005. On October 12, 2005, MDU filed a Reply to the Superior Motion for Reconsideration. At its November 1, 2005, meeting, the Commission voted unanimously to grant the Motion for Reconsideration, to schedule the matter for hearing on December 13-16, 2005, to direct the parties to confer immediately following issuance of this Order to resolve any pre-hearing scheduling issues, to deny, without prejudice, Superior's request for an order finding that MDU has an "existing" obligation under PURPA and to deny Superior's request for an order to show cause. On November 22, 2005, MDU filed a Motion to Dismiss and to redefine issues set forth in the Commission's Notice of Investigation dated October 26, 2004; Motion in Limine to Limit Introduction of certain prefiled testimony and exhibits; and a Motion for Summary Judgment dismissing the complaint.
TODAY, shall the Commission Grant the Motion to Dismiss as to one or more issues stated in the Motion? AND, shall the Commission Grant the Motion in Limine to Limit Introduction of Certain Prefiled Testimony and Exhibits? AND, shall the Commission Grant the Motion for Summary Judgment? AND, shall the Commission rule today prior to hearing on whether to assess a filing fee against Superior under SDCL 49-1A-11 as previously requested by the Executive Director and, if so, in what amount? Or, shall the Commission defer action on this issue until after the hearing?
Announcements
1. The next regularly scheduled Commission meeting will be held December 20, 2005, at 9:30 a.m. in Room 412, at Pierre, South Dakota.
2. Commission meetings are scheduled for January 17 and 31, 2006.
3. A hearing in docket TC05-137 will be held December 6 – 8, 2005, in Room 468, State Capitol Building, Pierre. The hearing will begin at 1:30 p.m. on Tuesday, December 6, 2005.
4. A hearing in docket EL04-016 will be held December 13 – 16, 2005, in Room 412, State Capitol Building, Pierre. The hearing will begin at 9:00 a.m. on Tuesday, December 13, 2005.
_____________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
November 29, 2005
