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South Dakota Public Utilities Commission Meeting
Tuesday, April 11, 2006, 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 April 10, 2006. 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
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Electricity
On June 1, 2004, Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. (Montana- Dakota) filed updated cogeneration rates for Commission approval. Montana-Dakota is requesting approval to revise its Occasional Power Purchase Non-Time Differentiated Rate 95, Short-Term Power Purchase Time Differentiated Rate 96 and Long-Term Power Purchase Differentiated Rate 97. The filing is made in compliance with Commission Order F-3365 and in accordance with the Special Terms and Conditions of these tariffs. On March 27, 2006, Montana-Dakota filed a request to withdraw the filing and close the docket.
TODAY, shall the Commission Grant the Request to Withdraw the Filing and Close the Docket?
Application by NorthWestern Energy for approval of revisions to its Electric Tariff General Terms and Conditions, including the establishment of a tariffed line extension policy and associated cost recovery, establishment of policy for replacing overhead facilities with underground, changes to cogeneration and small power production interconnection, metering, continuity of service, and other changes. NorthWestern states it has been several years since these provisions have been updated and NorthWestern has utilized the tariff language of other companies and the tariffs of its Montana jurisdiction to develop these changes which will clarify its Electric Tariff.
TODAY, shall the Commission Approve the Tariff Revisions?
On January 17, 2006, the Commission received an application from Otter Tail Power Company on behalf of seven regional utilities (Applicants) - Otter Tail Power Company, Central Minnesota Municipal Power Agency, Great River Energy, Heartland Consumers Power District, Montana-Dakota Utilities Co., Southern Minnesota Municipal Power Agency, and Western Minnesota Municipal Power Agency (as represented by Missouri River Energy Services) for a permit to construct transmission lines and associated facilities in Grant and Deuel County in South Dakota. The applicants seek a Construction Permit designating a route and authorizing construction of three new transmission lines in South Dakota. Two lines would be constructed to 230 kV standards and would run from the Big Stone 230 kV Substation to a new Big Stone 345 kV Substation, with one 230 kV line continuing on to the Morris Substation near Morris, Minnesota, a distance of approximately 48 miles. Approximately 5.45 miles of new 230 kV line would be built in South Dakota. The third line would be constructed for future 345 kV operation but initially be operated at 230 kV and would run from the new Big Stone 345 kV Substation to the Granite Falls Substation in Granite Falls, Minnesota, a distance of approximately 90 miles, 33 miles of which are in South Dakota. In addition, modification of the existing Big Stone 230 kV Substation and existing transmission facilities and construction of a new Big Stone 345 kV Substation will also be required as part of the project. On March 13, 2006, the City of Gary filed an Application for Party Status.
TODAY, shall the Commission Grant the Application for Party Status to the City of Gary?
Application by Otter Tail Power Company for approval of revisions to its Voluntary Renewable Energy Rider which would reduce the cost to consumers for purchasing a 100 kwh block of renewable energy. The Application would also remove reference to a termination date for the program. The Application requests an effective date of September 1, 2005, and Otter Tail is proposing to refund to customers the difference between the amounts actually collected since that time and the new proposed rates.
TODAY, shall the Commission Approve the Revisions to the Voluntary Renewable Energy Rider?
On March 02, 2006, Xcel Energy filed for Commission approval of its 2005 economic development report and the 2006 economic development budget. The report includes the budget that was planned for the year 2005, the actual economic development investments that Xcel Energy made in 2005, and the planned budget for 2006.
TODAY, shall the Commission Approve the 2005 Economic Development Report and the 2006 Economic Development Plan?
On March 8, 2006, Sioux Valley-Southwestern Electric Cooperative, Inc. (SVE) and Southeastern Electric Cooperative, Inc. (SEC) filed a Joint Request for Electric Service Rights Exception for Commission approval. SVE is seeking approval of an exception to the current electric territory agreement to provide 3-phase electric service to a new pond site for the City of Sioux Falls landfill. The pond site is located in the NW 1/4 of Section 7, Township 100 North, Range 51 West, in Lincoln County. The parties to this agreement agree that the public interest would be served by SVE providing electric service to the pond site. The consent on the part of SEC is limited to the afore said service and will automatically terminate upon removal or abandonment of such service. The exception is not to be construed as having any impact upon or indicating any desire to change the service area assigned by the Commission.
TODAY, shall the Commission Grant the Service Rights Exception?
On March 27, 2006, West Central Electric Cooperative, Inc (West Central) filed for Commission approval a Service Territory Transfer Agreement between West Central and West River Electric Cooperative Association, Inc. (West River). West Central agrees to transfer to West River all of that portion of Section 6, Township 6 North, Range 18 East of the Black Hills Meridian, Haakon County, South Dakota.
TODAY, shall the Commission Grant the Territory Boundary Change?
Natural Gas
In February 24, 2006, as part of the Decision and Order approving Settlement Stipulation in NG01-010, MidAmerican Energy Company filed its 2005 economic development report and its proposed 2006 economic development budget for Commission approval.
TODAY, shall the Commission Approve the 2005 Economic Development Report and the 2006 Economic Development Plan?
Telecommunications
On April 24, 2001, the Commission granted Midstate Telecom, Inc (Midstate) a Certificate of Authority to provide local exchange services and granted Midstate a one year exemption from establishing company specific cost-based switched access rates. On April 2, 2002, Midstate filed for a three year exemption from filing cost-based switched access rates which was granted on May 16, 2002. On April 27, 2005, Midstate filed for a three year exemption from filing cost-based switched access rates and for approval of its intrastate switched access Tariff No. 1.
TODAY, shall the Commission Approve the Settlement Stipulation, AND based on the Settlement Stipulation, shall the Commission Approve Midstate Telecom, Inc.'s ARSD 20:10:27:11 Petition for Exemption from Developing Company-Specific Cost-Based Switched Access Rates, AND, Grant Midstate's and Staff's Joint Motion?
On August 3, 2005, DelTel, Inc... filed an application seeking a Certificate of Authority to provide interexchange services throughout South Dakota on a resale basis. The Applicant intends to offer MTS, in-WATS and out-WATS services to residential and business customers.
TODAY, shall the Commission Grant the Certificate of Authority to DelTel, Inc.?
On December 22, 2005, Comtel Telcom Assets LP filed an application seeking a Certificate of Authority to provide interexchange services throughout South Dakota and local exchange services in the areas served by Qwest. Comtel will assume substantially all of the assets of VarTec Telecom, Inc., Excel Telecommunications, Inc., Clear Choice Communications and VarTec Solutions, Inc. Comtel intends to use the trade names of VarTec Telecom, Excel Telecommunications, Clear Choice Communications and VarTec Solutions.
TODAY, shall the Commission Grant the Certificate of Authority to Comtel Telcom Assets LP?
On December 22, 2005, Alltel Holding Corporate Services, Inc. (Alltel) filed an application seeking a Certificate of Authority to provide interexchange services throughout South Dakota on a resale basis. Alltel intends to offer 1 plus, 800/888 and calling card services. Alltel is also seeking permission to transfer existing Alltel Communications, Inc. customers to Alltel subject to the notice requirements set forth in 47.C.F.R Section 64.1120(e).
TODAY, shall the Commission Grant the Certificate of Authority to Alltel Holding Corporate Services, Inc.?
On June 30, 2004, the Commission granted RC Communications, Inc. (RCC) authority to provide competitive local exchange services in South Dakota. On January 5, 2006, RCC filed a petition in accordance with ARSD 20:10:27:11, asking the Commission to exempt RCC from filing company-specific cost based intrastate switched access rates. Applicant requests adopting rates based on a statewide average cost for telecommunications companies with under 100,000 access lines, in accordance with ARSD 20:10:27:12.
TODAY, shall the Commission Approve the Settlement Stipulation, AND based on the Settlement Stipulation, shall the Commission Approve RCC Communications, Inc.'s ARSD 20:10:27:11 Petition for Exemption from Developing Company-Specific Cost-Based Switched Access Rates, AND, Grant RCC's and Staff's Joint Motion?
On March 17, 2006, Qwest Corporation (Qwest) filed a petition for an order pursuant to 47 U.S.C. Section 252(b) approving an interconnection agreement between Qwest and each of the Respondents to implement the ruling of the Federal Communications Commission (FCC) in the Matter of Developing a Unified Intercarrier Compensation Regime, T-Mobile et al. Petition for Declaratory Ruling Regarding Incumbent LEC Wireless Termination Tariffs, CC Docket 01-92, FCC 05-42, (Released February 24, 2005). Qwest seeks approval of the Type 1 Wireless interconnection agreement with Nextel West Corp. and with Vantek Communications, Inc., consistent with the requirements of 47 U.S.C. Section 252(b). Qwest also seeks arbitration and approval of the Type 1 and Type 2 Paging interconnection agreement with Dakota Electronics, Golden West Technologies, Inc., and Priority Paging, Inc. "The FCC has required Qwest to request and enter interconnection agreements for the termination of wireless traffic, and Qwest has diligently pursued such interconnection agreements with Respondents, without any response….Qwest asks that Respondents be barred from raising any disputed issues in response to this Petition…[I]f the Commission will not approve the agreements, Qwest will be forced to discontinue service to Respondents until an appropriate interconnection agreement can be negotiated, approved, and filed." In accordance with ARSD 20:10:32:30, a non-petitioning party may respond to the petition for arbitration and provide additional information within 25 days after the commission receives the petition. On April 3, 2006, Qwest filed a Motion to Dismiss Petition for Approval of Interconnection Agreements to Implement FCC Ruling in T-Mobile Order as to Respondents Golden West Technologies, Inc. and Priority Paging, Inc.
Should the Commission grant Qwest's Motion to Dismiss its Petition for Approval of Interconnection Agreements to implement FCC Ruling in the T-Mobile Order as it relates to Golden West Technologies, Inc. and Priority Paging, Inc.?
Administrative
1. In the Matter of the Potential Adoption of Rules Regarding Eligibility, Certification and Reporting Requirements for Eligible Telecommunications Carriers
In March of 2005, the Federal Communications Commission (FCC) adopted certain recommendations made by the Federal-State Joint Board on Universal Service regarding minimum eligibility, certification, and reporting requirements for carriers wanting to be designated as eligible telecommunications carriers (ETCs) and carriers previously designated as ETCs by the FCC. As part of its order, the FCC encouraged states exercising jurisdiction over ETC designations pursuant to 47 U.S.C. § 214(e) (2) to adopt the same requirements. The Commission may adopt similar rules to the FCC or may adopt different requirements.
Today, shall the Commission Open a Rulemaking Docket to Consider Adopting Rules Regarding Eligibility, Certification, and Reporting Requirements for ETC Applicants and Carriers Previously Designated as ETCs?
Announcements
1. The next regularly scheduled Commission meeting will be held May 9, 2006, at 9:30 a.m. in Room 412, at Pierre, South Dakota.
2. Commission meetings are scheduled for May 9 and May 23, 2006.
3. A hearing in Docket CT05-001 will be held April 17 - 19, 2006, in Room 468, State Capitol Building, Pierre. The hearing will begin at 1:30 p.m. on Monday, April 17, 2006.
4. A hearing in Dockets TC04-106, TC04-107, TC04-111, TC04-120, TC04-121, TC04-122, TC04-123, and TC04-124 will be held April 24 – May 3, 2006, in Room 412, State Capitol Building, Pierre. The hearing will begin at 9:00 a.m. on Monday, April 24, 2006.
______________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
April 4, 2006
