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South Dakota Public Utilities Commission Meeting
February 24, 2009 at 2:30 P.M.
Room 413, Capitol Building
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 February 24, 2009.  Lines are limited and are given out on a first come, first served 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.  

NOTE:  To listen to the Commission Meeting live please go to the PUC's Web site www.puc.sd.gov and click on the LIVE button on the home page. The Commission requests that persons who will only be listening to proceedings and not actively appearing in a case listen via the web cast to free phone lines for those who have to appear.  The Commission meetings are archived on the PUC's Web site under the Commission Actions tab and then click on the LISTEN button on the page.

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 COMMISSION MEETING

Consumer Reports

  1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission.  (Consumer Affairs:  Deb Gregg) 

Consumer Complaints

1.      CT08-002        In the Matter of the Complaint filed by Roger L. Hall, Rapid City, South Dakota, against Qwest Corporation Regarding the Cost of Telephone Line Extensions (Staff Analyst: Deb Greg, Staff Attorney: Kara Semmler)

         On April 14, 2008, Roger L. Hall filed a formal complaint against Qwest Corporation.  Roger Hall owns a trailer court in Hill City, SD and wishes to extend telephone lines to new trailers on his property.  Qwest believes Mr. Hall is responsible for the cost thereof and will not install the lines until agreed to by Mr. Hall.  Mr. Hall, however, does not believe he should be required to pay the cost of line extensions to new trailers within the trailer park.  On May 5, 2008, Qwest Corporation filed a response and a Motion to Dismiss the complaint. The Commission voted to deny the Motion to Dismiss at its June 24, 2008, meeting. On November 10, 2008 the Commission signed an Order setting the procedural schedule.  Since that time, the parties have experienced conflicts with the schedule. An amended procedural schedule was approved at the January 27, 2009, commission meeting. On February 3, 2009, Qwest filed a Motion for Summary Disposition of Complaint. An Amended Procedural Schedule was issued on February 5, 2009, setting February 24, 2009, as the date and time for pre-hearing motions to be heard immediately following the commission meeting

         TODAY, shall the Commission Grant the Motion for Summary Disposition of Complaint?

Electric

1.      EL09-001        In the Matter of the Filing by Otter Tail Corporation d/b/a Otter Tail Power Company for Approval to Update its Rates for Small Power Production and Cogeneration. (Staff Analysts: Stacy Splittstoesser/Bob Knadle, Staff Attorney: Kara Semmler)

         On January 12, 2009, Otter Tail Corporation d/b/a Otter Tail Power Company filed an application to update the customer charges, the energy and capacity payments, introduce Renewable Energy Credits, and update the terms and conditions in the Small Power Producer Rider-Occasional Delivery Energy Service, Small Power Producer Rider-Time Of Delivery Energy Service, and Small Power Producer Rider-Dependable Service rate schedules.  The Company has requested an effective date of March 1, 2009, for the proposed modifications to the rate schedules. Otter Tail has filed a request to withdraw their filing.

         TODAY, shall the Commission Grant the Motion to Withdraw and Close the Docket?

2.      EL09-002        In the Matter of the Application of Black Hills Power, Inc. for Approval of its Electric Cost Adjustment. (Staff Analysts: Bob Knadle/Jon Thurber, Staff Attorney: Karen Cremer)

         On January 30, 2009, Black Hills Power, Inc. filed for Commission approval of an increase to its Electric Cost Adjustment (ECA) to be effective for service on and after March 1, 2009. The ECA consists of a Conditional Energy Cost Adjustment, Transmission Cost Adjustment and Steam Plant Fuel Cost Adjustment. The net of these three adjustments result in an approximate $6,455,000 increase in the cost of service and will affect approximately 63,500 retail customers in South Dakota.

         TODAY, shall the Commission Approve the Electric Cost Adjustment?

Telecommunications

1.      TC07-117        In the Matter of the Petition of Midcontinent Communications for Approval of its Switched Access Rates. (Staff Analyst: Jon Thurber, Staff Attorney: Karen Cremer)

         On October 31, 2007, Midcontinent Communications (Midcontinent) filed a petition requesting to change its switched access rates. On July 14, 2008, Midcontinent filed a Motion to Amend its Petition. The Motion to Amend Petition was granted at the July 29, 2008, commission meeting. A hearing was held in this matter on August 5, 2008. The Commission denied the request for exemption and waiver at its December 16, 2008, meeting.  Midcontinent filed a Petition for Reconsideration on January 20, 2009.

         TODAY, shall the Commission Grant Midcontinent's Petition for Reconsideration? AND, if the Petition is Granted, how shall the Commission Proceed?

2.      TC09-002        In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and McLeodUSA Telecommunications Services, Inc. (Staff Attorney: Kara Semmler)

         On January 15, 2009, the Commission received a filing for approval of an Amendment to an Interconnection Agreement between Qwest Corporation and McLeodUSA Telecommunications Services, Inc. 

         TODAY, shall the Commission Approve the Amendment to the Agreement?

3.      TC09-003        In the Matter of the Filing for Approval of an Interconnection Agreement between Qwest Corporation and BLC Management LLC d/b/a Angles Communication Solutions. (Staff Attorney: Kara Semmler)

         On January 15, 2009, the Commission received a filing for approval of an Interconnection Agreement between Qwest Corporation and BLC Management LLC d/b/a Angles Communication Solutions. 

         TODAY, shall the Commission Approve the Interconnection Agreement?

Announcements

  1. The next regularly scheduled Commission meeting will be held March 10, 2009, at 2:30 p.m. in Room 413 of the State Capitol Building, Pierre, SD.
  2. Commission meetings are scheduled for March 24 and April 7, 2009.
  3. A hearing in Dockets TC08-142 through TC08-153 will be held in the Cactus Conference Room February 24, 2009, beginning at 9:30 a.m.
  4. A hearing in docket TC08-122 will be held April 8 – April 9, 2009, in Room 413, State Capitol Building, Pierre, SD.  The hearing will begin at 9:30 a.m. on April 8.
  5. A hearing in docket EL08-030 will be held April 14 – April 15, 2009, in Room 413, State Capitol Building, Pierre, SD.  The hearing will begin at 9:30 a.m. on April 14.

 

__/S/ Heather K. Forney____
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
February 17, 2009