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South Dakota Public Utilities Commission Meeting
Tuesday, September 12, 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 12:00 p.m. on September 11, 2006. Lines are limited and are given out on first come/first serve basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. 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
Petition filed by Dakota Vinyl Extrusions, Inc. to be provided electric service by NorthWestern Energy outside of NorthWestern Energy's established service territory pursuant to SDCL 49-34A-56. The petition states that NorthWestern can furnish electric service to meet the customer's needs consistent with the factors of SDCL49-34A-56 and that the customer has a strong preference to be served by NorthWestern Energy. The customer's facility is to be located in the existing territory of Codington-Clark Electric Cooperative, Inc. (Codington-Clark). On May 31, 2006, the South Dakota Rural Electric Association (SDREA) and Codington-Clark filed Petitions for Intervention. The Commission granted intervention to SDREA and Codington-Clark at its June 13, 2006, meeting. On September 6, 2006, the Commission received notice that Dakota Vinyl has decided against building in Clark, SD.
TODAY, shall the Commission Dismiss and Close the Docket?
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. The Commission granted intervention to BHI at its August 8, 2006, meeting. On August 28, 2006, the City of Gillette, Wyoming filed a Petition to Intervene. BHP filed an Objection to the City of Gillette's Petition to Intervene on August 31, 2006. On September 7, 2006, the City of Gillette filed a Withdrawal of Petition to Intervene.
TODAY, shall the Commission Grant the Withdrawal of Intervention to the City of Gillette?
Telecommunications
1. TC06-064 In the Matter of the Filing for Approval of a Wireline Adoption Interconnection Agreement between Qwest Corporation and Trans National Communications International, Inc. (Staff Attorney: Kara VanBockern)
On June 16, 2006, the Commission received a filing for the approval of a Wireline Adoption Interconnection Agreement between Qwest Corporation and Trans National Communications International, Inc. According to the parties, "Trans National Communications International, Inc. is adopting the interconnection agreement between Talk America, Inc. and Qwest Corporation that was approved by the Commission on October 20, 2004 in Docket No. TC04-193".
TODAY, shall the Commission Approve the Agreement?
2. In the Matter of the Filing of Amendments to Agreements in Dockets TC06-065, TC06-145, TC06-149, and TC06-150
On June 16, 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 PrairieWave Black Hills, L.L.C, f/k/a Black Hills FiberCom, L.L.C. According to the parties, this Amendment deletes, changes or adds terms and conditions for certain UNEs.
On August 17, 2006 the Commission received a filing for the approval of an Amendment to the Interconnection Agreement between Qwest Corporation and Qwest Communications Corporation. According to the parties, the Amendment deletes certain UNEs and changes or adds terms and conditions to certain UNEs.
On August 22, 2006 the Commission received a filing for the approval of an Amendment to the Interconnection Agreement between Qwest Corporation and Long Lines Metro, LLC f/k/a CommChoice LLC for the State of South Dakota. According to the parties, the Amendment deletes certain UNEs and changes or adds terms and conditions to certain UNEs.
On August 22, 2006 the Commission received a filing for the approval of an Amendment to the Interconnection Agreement between Qwest Corporation and DSLnet Communications, L.L.C. According to the parties, the Amendment deletes certain UNEs and changes or adds terms and conditions to certain UNEs.
TODAY, shall the Commission Approve the Above Amendments to Agreements?
3. In the Matter of the Request for Certification Regarding its Use of Federal Universal Service Support in Dockets TC06-100, TC06-101, TC06-105, TC06-106, TC06-107, TC06-108, TC06-109, TC06-110, TC06-111, TC06-112, TC06-113, TC06-114, TC06-115, TC06-117, TC06-118, TC06-119, TC06-120, TC06-121, TC06-122, TC06-123, TC06-124, TC06-125, TC06-126, TC06-127, TC06-128, TC06-129, TC06-130, TC06-131, TC06-134, TC06-135, TC06-136, TC06-137, TC06-138, TC06-139, TC06-140, TC06-143, and TC06-146
On July 27, 2006, RCC Minnesota, Inc. (RCC) provided information constituting RCC's plan for the use of its federal universal service support and to otherwise verify that RCC will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 27, 2006, Wireless Alliance, LLC (Wireless Alliance) provided information constituting Wireless Alliance's plan for the use of its federal universal service support and to otherwise verify that Wireless Alliance will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Western Telephone Company (Western) provided information constituting Western's plan for the use of its federal universal service support and to otherwise verify that Western will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, McCook Cooperative Telephone Company (McCook) provided information constituting McCook's plan for the use of its federal universal service support and to otherwise verify that McCook will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Beresford Municipal Telephone Company (Beresford) provided information constituting Beresford's plan for the use of its federal universal service support and to otherwise verify that Beresford will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, James Valley Cooperative Telephone Company (James Valley) provided information constituting James Valley's plan for the use of its federal universal service support and to otherwise verify that James Valley will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Hills Telephone Company, Inc. (Hills) provided information constituting Hills's plan for the use of its federal universal service support and to otherwise verify that Hills will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Splitrock Properties, Inc. (Splitrock) provided information constituting Splitrock's plan for the use of its federal universal service support and to otherwise verify that Splitrock will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Alliance Communications Cooperative, Inc. (Alliance) provided information constituting Alliance's plan for the use of its federal universal service support and to otherwise verify that Alliance will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Venture Communications Cooperative (Venture) provided information constituting Venture's plan for the use of its federal universal service support and to otherwise verify that Venture will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, West River Telecommunications Cooperative (Mobridge) provided information constituting Mobridge's plan for the use of its federal universal service support and to otherwise verify that Mobridge will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Valley Telecommunications Cooperative (Valley) provided information constituting Valley's plan for the use of its federal universal service support and to otherwise verify that Valley will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Tri-County Telcom (Tri-County) provided information constituting Tri-County's plan for the use of its federal universal service support and to otherwise verify that Tri-County will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Roberts County Telephone Cooperative and RC Communications (Roberts County/RC) provided information constituting Roberts County/RC's plan for the use of its federal universal service support and to otherwise verify that Roberts County/RC will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Golden West Telecommunications Cooperative, Inc. (Golden West) provided information constituting Golden West's plan for the use of its federal universal service support and to otherwise verify that Golden West will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Kadoka Telephone Company (Kadoka) provided information constituting Kadoka's plan for the use of its federal universal service support and to otherwise verify that Kadoka will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Sioux Valley Telephone Company (Sioux Valley) provided information constituting Sioux Valley's plan for the use of its federal universal service support and to otherwise verify that Sioux Valley will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Union Telephone Company (Union) provided information constituting Union's plan for the use of its federal universal service support and to otherwise verify that Union will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Vivian Telephone Company (Vivian) provided information constituting Vivian's plan for the use of its federal universal service support and to otherwise verify that Vivian will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Armour Independent Telephone Company (Armour) provided information constituting Armour's plan for the use of its federal universal service support and to otherwise verify that Armour will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Bridgewater-Canistota Independent Telephone Company (Bridgewater-Canistota) provided information constituting Bridgewater-Canistota's plan for the use of its federal universal service support and to otherwise verify that Bridgewater-Canistota will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, City of Faith Municipal Telephone Company (Faith) provided information constituting Faith's plan for the use of its federal universal service support and to otherwise verify that Faith will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, Qwest Corporation (Qwest) provided information constituting Qwest's plan for the use of its federal universal service support and to otherwise verify that Qwest will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On July 31, 2006, WWC License LLC d/b/a Alltel Communications, Inc. (Alltel) provided information constituting Alltel's plan for the use of its federal universal service support and to otherwise verify that Alltel will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 1, 2006, PrairieWave Community Telephone, Inc. (PrairieWave) provided information constituting PrairieWave's plan for the use of its federal universal service support and to otherwise verify that PrairieWave will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 1, 2006, PrairieWave Black Hills LLC (Black Hills) provided information constituting Black Hills's plan for the use of its federal universal service support and to otherwise verify that Black Hills will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 1, 2006, City of Brookings Municipal Telephone (Brookings) provided information constituting Brookings's plan for the use of its federal universal service support and to otherwise verify that Brookings will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 1, 2006, Brookings Municipal Telephone d/b/a Swiftel Communications (Swiftel) provided information constituting Swiftel's plan for the use of its federal universal service support and to otherwise verify that Swiftel will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 1, 2006, Fort Randall Telephone Company (Fort Randall) provided information constituting Fort Randall's plan for the use of its federal universal service support and to otherwise verify that Fort Randall will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 1, 2006, Valley Telephone Company (Valley) provided information constituting Valley's plan for the use of its federal universal service support and to otherwise verify that Valley will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 2, 2006, West River Cooperative Telephone Co. (West River) provided information constituting West River's plan for the use of its federal universal service support and to otherwise verify that West River will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 2, 2006, West River Telecommunications Cooperative (McLaughlin) provided information constituting McLaughlin's plan for the use of its federal universal service support and to otherwise verify that McLaughlin will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 4, 2006, Cheyenne River Sioux Tribe Telephone Authority (CRST) provided information constituting CRST's plan for the use of its federal universal service support and to otherwise verify that CRST will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 7, 2006, Consolidated Telcom (Consolidated) provided information constituting Consolidated's plan for the use of its federal universal service support and to otherwise verify that Consolidated will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 8, 2006, Midcontinent Communications (Midcontinent) provided information constituting Midcontinent's plan for the use of its federal universal service support and to otherwise verify that Midcontinent will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 11, 2006, Farmers Mutual Telephone Company (Farmers Mutual) provided information constituting Farmers Mutual's plan for the use of its federal universal service support and to otherwise verify that Farmers Mutual will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
On August 17, 2006, Citizens Telecommunications Company of Minnesota, LLC (Citizens) provided information constituting Citizens' plan for the use of its federal universal service support and to otherwise verify that Citizens will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
TODAY, shall the Commission Provide a Certification to the Federal Communications Commission and to the Universal Service Administration Company Regarding the Plan for the Use of Federal Universal Services Support as Proposed in Each of the Above Dockets?
On August 1, 2006, Northeast Nebraska Telephone Company (Northeast) filed a Petition for a Waiver of ARSD sections 20:10:32:52 - 20:10:32:54, inclusive. The Petition states that Northeast's study area consists primarily of a geographic area contained within the state of Nebraska; that Northeast's service area in South Dakota consists of the North Bristow exchange, which is the rural portion of an exchange where the larger portion of the exchange and the central office is located in Nebraska; that Northeast has no wire centers in South Dakota; and that for companies such as Northeast who have a very small portion of their overall study area in South Dakota, the requirement of certifying the use of universal service fund monies in accordance with the requirements of the newly-adopted ARSD sections 20:10:32:52 - 20:10:32:54 is unduly burdensome and unnecessary for the Commission to certify that Northeast is using federal high cost support for its intended purposes. Because its study area is largely contained within the state of Nebraska and because it will comply with the Nebraska Public Service Commission requirements for ETC certification, Northeast requests that it be allowed to file a copy of its Nebraska ETC certification with the Commission; and that the Commission accept such filing as sufficient to make the determination to include Northeast on the list of certified carriers it provides to the FCC and USAC on or before October 1 of each year.
TODAY, shall the Commission Grant the Waiver of ARSD Sections 20:10:32:52 to 20:10:32:54?
On August 1, 2006, Three River Telco (Three River) filed a Petition for Waiver of ARSD sections 20:10:32:52, 20:10:32:53 and 20:10:32:54. The Petition states that Three River's study area consists primarily of a geographic area contained within the state of Nebraska; that Three River's service area in South Dakota consists of the North Naper exchange, which is the rural portion of an exchange where the larger portion of the exchange and the central office is located in Nebraska; that Three River has no wire centers in South Dakota; and that for companies such as Three River who have a very small portion of their overall study area in South Dakota, the requirement of certifying the use of universal service fund monies in accordance with the requirements of the newly-adopted ARSD sections 20:10:32:52 - 20:10:32:54 is unduly burdensome and unnecessary for the Commission to certify that Three River is using federal high cost support for its intended purposes. Because its study area is largely contained within the state of Nebraska and because it will comply with the Nebraska Public Service Commission requirements for ETC certification, Three River requests that it be allowed to file a copy of its Nebraska ETC certification with the Commission; and that the Commission accept such filings as sufficient to make the determination as to include Three River on the list of certified carriers it provides to the FCC and USAC on or before October 1 of each year.
TODAY, shall the Commission Grant the Waiver of ARSD Sections 20:10:32:52 to 20:10:32:54?
On August 9, 2006, Heartland Telecommunications of Iowa d/b/a HickoryTech (HickoryTech) provided information constituting HickoryTech's plan for the use of its federal universal service support and to otherwise verify that HickoryTech will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254. HickoryTech also seeks a waiver of ARSD 20:10:32:53 as it pertains to the deadline of August 1, 2006.
TODAY, shall the Commission Grant the Waiver of ARSD Section 20:10:32:53? AND, shall the Commission Provide a Certification to the Federal Communications Commission and to the Universal Service Administration Company Regarding the Plan for the Use of Federal Universal Services Support as Proposed?
On August 18, 2006, Jefferson Telephone Company (Jefferson) provided information constituting Jefferson's plan for the use of its federal universal service support and to otherwise verify that Jefferson will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254. Jefferson also filed a request for extension of the August 1, 2006, deadline for filing its annual certification with the Commission.
TODAY, shall the Commission Grant the Waiver of ARSD Section 20:10:32:53? AND, shall the Commission Provide a Certification to the Federal Communications Commission and to the Universal Service Administration Company Regarding the Plan for the Use of Federal Universal Services Support as Proposed?
On August 30, 2006, RT Communications, Inc. (RT) filed a request for an extension of the August 1, 2006, deadline for filing its request for annual certification of its federal universal service support. RT states that it was unaware of the earlier deadline in 2006 and has just become aware that its filing was delinquent. RT states further that it is in the process of securing the information necessary for the filing and will submit the annual eligible telecommunications carrier certification filing forthwith.
TODAY, shall the Commission Grant an Extension to File the Certification Regarding the Use of Federal Universal Service Support?
Administration
1. In the Matter of the Amendment to a Contract with Dr. Michael K. Madden (Deputy Executive Director: Heather K. Forney)
As part of the Big Stone II docket, the Commission authorized staff to enter into a consultant contract with Dr. Michael K. Madden in an amount not to exceed $20,000. Staff later asked Dr. Madden to expand the scope of his research. Dr. Madden completed all work requested by staff and the Commission has received his final bill. The billing from Dr. Madden exceeded the original contract amount by $3,189.83 as a result of the additional research performed. Staff is requesting approval to amend the amount of Dr. Madden's contact.
TODAY, shall the Commission Approve an Amendment to the Contract?
Announcements
1. The next regularly scheduled Commission meeting will be held September 26, 2006, at 9:30 a.m. in Room 412, State Capitol Building.
2. Commission meetings are scheduled for October 19 and 31, 2006.
3. A hearing in Docket CE06-003 will be held September 27, 2006, in Brookings - SDSU - Union Center - Lewis and Clark Room #262. The hearing will begin at 9:30 a.m.
_____________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
September 7, 2006
