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South Dakota Public Utilities Commission Meeting
Tuesday, August 8, 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 August 7, 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 for Commission Meeting
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Consumer Complaints
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. A third request for a 20-day extension to respond to the complaint was filed by Otter Tail on July 22, 2005, and approved by the Commission at its July 28, 2005, meeting. On September 12, 2005, Otter Tail Power Company and the Hendricks Golf Club ("Golf Club") entered into an agreement to install "soft-starts" on the irrigation motors at the Golf Club.
TODAY, shall the Commission Dismiss the Complaint and Close the Docket?On June 7, 2006, Global Polymer Industries, Inc. (Polymer) filed a complaint against the City of Arlington regarding adequate electrical service pursuant to SDCL 49-34A-58. Polymer is requesting that the Commission allow Polymer to contract with another electric utility for its retail electric service. The South Dakota Municipal Electric Association (SDMEA) filed a Petition to Intervene on July 12, 2006.
TODAY, shall the Commission Grant Intervention to SDMEA?
On November 21, 2005, PrairieWave Telecommunications, Inc. filed a complaint against AT&T Communications of the Midwest, Inc. for failing to pay access charges at the rates approved by this Commission. On April 12, 2006, PrairieWave filed a Motion to Dismiss AT&T's Counterclaim and For Summary Judgment on PrairieWave's Complaint. On May 15, 2006, AT&T filed AT&T's Response to PrairieWave's Motion to Dismiss AT&T's Counterclaim and Motion for Summary Judgment on PrairieWave's Complaint. On May 20, 2006, Staff filed Staff's Response to PrairieWave's Motion to Dismiss AT&T's Counterclaim and for PrairieWave's Motion for Summary Judgment. On June 28, 2006, PrairieWave filed PrairieWave's Reply to AT&T's Response to PrairieWave's Motion to Dismiss AT&T's Counterclaim and Motion for Summary Judgment on Its Complaint.
TODAY, shall the Commission Grant PrairieWave's Motion to Dismiss AT&T's Counterclaim? AND Shall the Commission grant in whole or in part PrairieWave's Motion for Summary Judgment on its Complaint?
Electricity
1. EL04-037 In the Matter of the Filing by Black Hills Power, Inc. for Approval of a Contract with Deviations with Black Hills Chair Lift Company d/b/a Terry Peak Ski Area. (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)Application by Black Hills Power for approval of a contract with deviations to provide Energy Storage Service which deviates from the rates, terms and conditions of its regular tariffed Energy Storage Service rate. Black Hills explains that because of the unique operational characteristics of Black Hills Chair Lift, this contract is appropriate for the continuation of service to this facility. On July 25, 2006, Black Hills Power filed a Request to Withdraw the Filing.
TODAY, shall the Commission Grant the Request to Withdraw the Filing?
2. EL04-041 In the Matter of the Application of Basin Electric Power Cooperative, Inc. for an Energy Conversion Facility Permit for the Construction of a Combustion Turbine Generator near Groton, South Dakota. (Staff Analyst: Martin Bettmann, Staff Attorney: Karen Cremer)On December 22, 2004, Basin Electric Power Cooperative filed for Commission approval an application for an energy conversion facility permit. On May 16, 2005, a Letter and Stipulation were filed by Basin Electric. On June 7, 2005, the Commission granted a permit to construct subject to the Findings of Fact, Conclusions of Law and Terms and Conditions listed in the Stipulation. On July 10, 2006, Basin filed the Residential Compliance Testing Protocol.
TODAY, how Shall the Commission Proceed?
On April 12, 2006, the Commission received a petition from Montana-Dakota Utilities Co, (MDU) for the right to provide electrical service to a new grain handling/multi-unit train loading facility to be operated by North Central Farmers Elevator (NCFE) near Bowdle, South Dakota. The petition requests that the Public Utilities Commission assign MDU as the supplier of electrical service to the NCFE facility. The proposed NCFE facility will be located in the Southwest Quarter of Section 20, Township 123 North, Range 73 West, Edmunds County, South Dakota, approximately one mile west of Bowdle, South Dakota on the north side of Highway 12. The site of the facility is within the assigned service area of FEM Electric Association, Inc. MDU's petition states that the proposed NCFE facility will require electrical service of substantially more than a contracted minimum demand of 2,000 kilowatts and that MDU is best suited to provide such electrical service. North Central Farmers Elevator and FEM filed Petitions to Intervene on May 1, 2006. SDREA filed a Petition to Intervene on May 15, 2006. Intervention was granted to SDREA, FEM, and North Central Farmers Elevator at the May 23, 2006, commission meeting. On June 22, 2006, FEM filed a Motion for Summary Disposition. On June 22, 2006, NCFE filed North Central Farmers Elevator's Joinder in Motion for Summary Disposition.
TODAY, shall the Commission Grant FEM's Motion for Summary Disposition?
4. EL06-017 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)Montana-Dakota Utilities Co. is seeking 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 Time Differentiated Rate 97. The filing is made in compliance with the Commission's Order in F-3365 and in accordance with the Special Terms and Conditions of these tariffs which state that the rate schedules will be reviewed annually and revised when necessary.
TODAY, shall the Commission Approve the Tariff Revisions?
Application by Black Hills Power, Inc. (BHP) for approval to increase rates for electric service to customers in its service territory by $9,593,688 annually or approximately 9.5% based on BHP's 2005 test year. The company states the proposed increase for a residential customer would be $5.16 per month based on usage of 600 kWh. The proposed rates may potentially affect approximately 60,434 customers in BHP's service territory. A Petition to Intervene and Notice of Appearance of Merillat Industries, LLC, GCC Dacotah, Inc., and Pope & Talbot, Inc., collectively referred to as the Black Hills Intervenors ("BHI") was filed on July 28, 2006. Staff is submitting a proposed contract for consulting services to the Commission. TODAY, shall the Commission Grant Intervention to the Black Hills Intervenors? AND, shall the Commission Approve the Proposed Consulting Contract?On July 11, 2006, White Wind Farm, LLC, a wholly owned subsidiary of Navitas Energy, Inc., filed an application seeking an Energy Conversion Facility Permit to construct and operate the White Wind Farm. The White Wind Farm is a proposed 200 MW wind energy electricity generating facility and ancillary services located on approximately 93 acres in Sherman Township, southeast of White, South Dakota in Brookings County. The project consists of up to 105 2 MW wind turbine generators, associated electric collector lines, a collection substation and interconnection and upgrades to the WAPA White Substation.
TODAY, shall the Commission Assess a Filing Fee for Actual Expenses Not to Exceed $350,000, with an Initial Deposit of $8,000?
Telecommunications
On August 29, 2003, the Commission approved Northern Valley Communications, LLC's (Northern Valley) revised Intrastate Switched Access Tariff No. 1 subject to refund, with interest, should the final LECA rate be lower than the interim rate. The afore mentioned rates were based on LECA's tariff revisions that were approved by the Commission in Docket No. TC02-090 and were effective as of July 1, 2003. Docket No. TC03-113 was closed on August 29, 2003. By Order dated July 14, 2003, in Docket No. TC02-090, the Commission Ordered that LECA's tariff revisions are effective as of July 1, 2003, subject to refund with interest. The interim rate implemented on July 1, 2003, for carrier common line, switching, and transport totaled 10.55 cents. By Order dated November 13, 2003, in Docket No. TC02-090, the Commission Ordered that LECA's revised originating and terminating rates are hereby approved as filed on November 3, 2003, and shall be effective for telecommunications service rendered on and after December 1, 2003. The final rate implemented on December 1, 2003, for carrier common line, switching, and transport totaled 11.12 cents. Staff would recommend that the Commission open Docket No. TC03-113 and enter an order that the rates approved by the Order dated August 29, 2003, should be the final rates and not subject to refund with interest because the interim rate approved for Northern Valley was less than the final Statewide average rate approved in TC02-090.
TODAY, shall the Commission Re-Open Docket Number TC03-113 and Enter an Order that the Rates Approved by the Order Dated August 29, 2003, are the Final Rates and are Not Subject to Refund with Interest and Close the Docket?2. TC05-153 In the Matter of the Review of the Implementation of 811 as a National Abbreviated Dialing Code for One Call Notification. (Staff Attorney: Sara Greff)On July 20, 2005, the Commission received a letter from Commission Staff asking that the Commission open a docket or conduct some other type of proceeding regarding the implementation of 811. In its letter, Staff explained that 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. See In the Matter of the Use of N11 Codes and Other Abbreviated Dialing Arrangements, CC Docket No. 92-105, Sixth Report and Order (rel. March 14, 2005). Based on this report and order, Staff believes it would be beneficial for the Commission to open a docket to receive comments from industry on the implementation process. The Commission voted to open this docket at its July 28, 2005 meeting.
TODAY, how Shall the Commission Proceed?
3. In the Matter of the Filing for Approval of Agreements in Dockets TC06-067, TC06-081, TC06-084, TC06-085, and TC06-090.
On June 23, 2006, the Commission received a filing for the approval of an Interconnection Agreement between PrairieWave Community Telephone, Inc. and Sprint Communications Company, L.P. According to the parties, this agreement is provides "the terms and conditions under which the Parties will interconnect their networks and provide other services necessary. . . ."
On July 10, 2006, the Commission received a filing for the approval of an Interconnection Agreement - Terms and Conditions for Interconnection Unbundled Network Elements, Ancillary Services, and Resale of Telecommunications Services between Qwest Corporation and Ymax Communications, Corp. a/k/a Palm Beach Telephone Company. According to the parties the Agreement "sets forth the terms, conditions and pricing under which Qwest will provide CLEC network Interconnection. . . ."
On July 11, 2006, the Commission received a filing for the approval of Qwest's Master Services Agreement. Qwest Corporation and Comtel Telcom Assets LP, a Texas Limited Partnership d/b/a VarTec Telecom 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 by 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. . . ."
TC06-085 In the Matter of the Filing for Approval of a Master Services Agreement between Qwest Corporation and Comtel Telcom Assets LP d/b/a Excel Telecommunications (Staff Attorney: Sara Greff)On July 11, 2006, the Commission received a filing for the approval of Qwest's Master Services Agreement. Qwest Corporation and Comtel Telcom Assets LP, a Texas Limited Partnership d/b/a Excel Telecommunications 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 by 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 July 14, 2006 the Commission received a filing for the approval of a Type 2 Wireless Interconnection Agreement between Qwest Corporation and Long Lines Wireless, LLC. According to the parties, "This Interconnection Agreement sets forth the terms, conditions and pricing under which Qwest will offer and provide to any requesting WSP network Interconnection and Ancillary services. . . ."
TODAY, shall the Commission Approve the Agreements in the Above Referenced Dockets?
4. In the Matter of the Filing for an Extension of Deadline for Filing a 2006 Cost Study in Dockets TC06-068, TC06-069, TC06-070, TC06-071, TC06-072, TC06-073, TC06-074, and TC06-075
On June 26, 2006, the Commission received a petition from Santel Communications Cooperative, Inc. (Santel) requesting the Commission grant Santel an extension of the six month filing deadline for filing Santel's 2006 intrastate switched access cost study. TC06-069 In the Matter of the Filing by McCook Cooperative Telephone Company for an Extension of Deadline for Filing its 2006 Cost Study. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer) On June 26, 2006, the Commission received a petition from McCook Cooperative Telephone Company (McCook) requesting the Commission grant McCook an extension of the six month filing deadline for filing its 2006 intrastate switched cost study, to December 31, 2006, using calendar year 2005 as McCook's test year. TC06-070 In the Matter of the Filing by Tri-County Telcom, Inc. for an Extension of Deadline for Filing its 2006 Cost Study. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer) On June 26, 2006, the Commission received a petition from Tri-County Telcom, Inc. (Tri-County) requesting the Commission grant Tri-County an extension of the six month filing deadline for filing its 2006 intrastate switched cost study, to December 31, 2006, using calendar year 2005 as Tri-County's test year. TC06-071 In the Matter of the Filing by Kennebec Telephone Company for an Extension of Deadline for Filing its 2006 Cost Study. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer) On June 28, 2006, the Commission received a petition from Kennebec Telephone Company (Kennebec) requesting the Commission grant Kennebec an extension of the six month filing deadline for filing Kennebec's 2006 intrastate switched access cost study. TC06-072 In the Matter of the Filing by Beresford Municipal Telephone Company for an Extension of Deadline for Filing its 2006 Cost Study. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer) On June 28, 2006, the Commission received a petition from Beresford Municipal Telephone Company (Beresford) requesting the Commission grant Beresford an extension of the six month filing deadline for filing its 2006 intrastate switched cost study, to December 31, 2006, using calendar year 2005 as Beresford's test year. TC06-073 In the Matter of the Filing by Midstate Communications, Inc. for an Extension of Deadline for Filing its 2006 Cost Study. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer) On June 28, 2006, the Commission received a petition from Midstate Communications (Midstate) requesting the Commission grant Midstate an extension of the six month filing deadline for filing its 2006 intrastate switched cost study, to December 31, 2006, using calendar year 2005 as Midstate's test year. TC06-074 In the Matter of the Filing by Western Telephone Company for an Extension of Deadline for Filing its 2006 Cost Study. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer) On June 28, 2006, the Commission received a petition from Western Telephone Company (Western) requesting the Commission grant Western an extension of the six month filing deadline for filing its 2006 intrastate switched cost study, to December 31, 2006, using calendar year 2005 as Western's test year. TC06-075 In the Matter of the Filing by Roberts County Telephone Cooperative Association for an Extension of Deadline for Filing its 2006 Cost Study. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer) On June 28, 2006, the Commission received a petition from Roberts County Telephone Cooperative (Roberts County) requesting the Commission grant Roberts County an extension of the six month filing deadline for filing its 2006 intrastate switched cost study, to December 31, 2006, using calendar year 2005 as Roberts County's test year. TODAY, shall the Commission Approve the Waiver of ARSD 20:10:27:14 to December 31, 2006? 5. TC06-078 In the Matter of the Filing by Heartland Telecommunications Company of Iowa d/b/a HickoryTech Corporation for a Waiver of ARSD Sections 20:10:32:52, 20:10:32:53 and 20:10:32:54 (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer) On July 3, 2006, Heartland Telecommunications of Iowa d/b/a HickoryTech (Heartland) filed a Petition for a Waiver of ARSD Sections 20:10:32:52 to 20:10:32:54, inclusive. Heartland's study area is comprised primarily of a geographic area contained within the state of Iowa, but also includes small portions of rural territory in South Dakota and Minnesota. Heartland's service area in South Dakota consists of West Akron and West Hawarden. Heartland states that it will comply with the final rulemaking order of the Iowa Utilities Board (IUB) to determine the annual reporting and certification requirements for all carriers with eligible telecommunications carrier (ETC) designation (RMU 06-1). For companies that have a very small portion of their overall study area in South Dakota, the requirement of certifying the use of federal Universal Service Fund monies per the requirements of the above referenced rules are "unduly burdensome and unnecessary" for the Commission to certify that Heartland is using the federal high cost support for the uses it is intended. Because its study area is largely contained within the state of Iowa and because it will comply with the IUB requirements for ETC certification, Heartland requests that it be allowed to file a copy of its Iowa ETC certification with the SDPUC; and that the SDPUC accept such filing as sufficient to make the determination as to include Heartland on the list of certified carriers it provides to the FCC on or before October 1 of each year. TODAY, how Shall the Commission Proceed? 6. In the Matter of the Filing for Approval of Amendments to Agreements in Dockets TC06-082, TC06-083, and TC06-089 TC06-082 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Comtel Telcom Assets LP d/b/a VarTec Telecom (Staff Attorney: Sara Greff) On July 11, 2006 the Commission received a filing for the approval of a Triennial Review Order and Triennial Review Remand Order Amendment to the Interconnection Agreement between Qwest Corporation and Comtel Telcom Assets LP, a Texas Limited Partnership d/b/a VarTec Telecom. According to the parties, this Amendment changes or adds terms and conditions for certain UNEs. TC06-083 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Comtel Telcom Assets LP d/b/a Excel Telecommunications. (Staff Attorney: Sara Greff) On July 11, 2006, the Commission received a filing for the approval of a Triennial Review Order and Triennial Review Remand Order Amendment to the Interconnection Agreement between Qwest Corporation and Comtel Telcom Assets LP, a Texas Limited Partnership d/b/a Excel Telecommunications. According to the parties, this Amendment changes or adds terms and conditions for certain UNEs. TC06-089 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and AT&T Communications of the Midwest, Inc. (Staff Attorney: Sara Greff) On July 13, 2006 the Commission received a filing for the approval of a Triennial Review Order and Triennial Review Remand Order Amendment Number 4 to the Interconnection Agreement between Qwest Corporation and AT&T Communications of the Midwest, Inc. According to the parties, this Amendment changes or adds terms and conditions for certain UNEs. TODAY, shall the Commission Approve Amendments to the Agreements in the Above Referenced Dockets? 7. TC06-086 In the Matter of the Filing by XO Communications Services, Inc. for Approval of Revisions to its Access Services Tariff (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer) On July 12, 2006, XO Communications Services, Inc. (XO) filed a tariff revision to add Historic Invoices to its South Dakota Access Service Tariff. XO "will furnish, upon Customer's request, copies of invoices which were originally issued to the Customer more than thirteen months prior to the request or copies of invoices that are available on-line, but that customer does not wish to retrieve from the available on-line system….Customer will be charged based on the format requested and on a per invoice basis." TODAY, shall the Commission Approve the Tariff Changes? Announcements 1. The next regularly scheduled Commission meeting will be held August 23, 2006, at 9:30 a.m. in Room 412, State Capitol Building. 2. Commission meetings are scheduled for September 12 (tentative) and 26, 2006. 3. A hearing in Docket CT05-001 will be held August 7, 2006, in Room 412, State Capitol Building, Pierre. The hearing will begin at 10:00 a.m. 4. A hearing in Rulemaking Docket RM06-002 will be held August 8, 2006, via DDN in Pierre (State Capitol DDN room) and Sioux Falls (2205 Career Place - Room 189). The hearing will begin at 8:30 a.m. 5. A hearing in Docket CE06-001 will be held August 8, 2006, in Room 412, State Capitol Building, Pierre. The hearing will begin at 1:30 p.m. 6. Commissioners and staff will be making a presentation on energy efficiency at the Sioux Empire Fair Back Porch Stage at 2:00 p.m. on August 12, 2006. 7. Commissioners and staff will be making a 3:00 p.m. presentation on energy efficiency at Ken's Family Tent at the Brown County Fair on August 17, 2006. 8. Commissioners and staff will be attending the South Dakota Telecommunications Association Annual Meeting in Spearfish, SD August 21 – 22, 2006. 9. Commissioners and staff will be making a presentation on energy efficiency at the State Fair Dakotaland Stage at 2:00 p.m. on September 2, 2006. 10. The PUC offices will be closed Monday, September 4, 2006, in observance of Labor Day. _____________________Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
August 1, 2006
