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South Dakota Public Utilities Commission Meeting
July 14, 2009, at 9:30 A.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 5:00 p.m. on July 13, 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.
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AGENDA OF COMMISSION MEETING
Administration
1. Approval of the Minutes of the Commission Meeting Held on April 21, 2009. (Staff: Demaris Axthelm)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Electric
Montana-Dakota Utilities Co. (MDU) 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. On July 1, 2009, MDU filed a Request for Withdrawal of Filing to be replaced by an updated filing applicable for the period 2009-2010. The updated filing has now been received and has been given the docket number EL09-011
TODAY, shall the Commission Grant the Request for Withdrawal of Filing?
On June 1, 2009, Otter Tail Power Company (Otter Tail) filed an application requesting extension of an Electric Service Agreement (Contract with Deviations) with Valley Queen Cheese Factory, Inc. (Valley Queen) which was entered into pursuant to its Bulk Interruptible Service tariff. The prior Electric Service Agreement expired on May 31, 2009, and Otter Tail and Valley Queen are currently discussing contract renewal and other alternatives. Both Otter Tail and Valley Queen are requesting to extend the contract which expired May 31, 2009, until June 30, 2009, to allow time to reach a new agreement on the provision of service. On July 2, 2009, Otter Tail filed a revised tariff sheet reflecting the new Contract with Deviation expiration date.
TODAY, shall the Commission Approve the Revised Tariff Sheet?
On June 30, 2009, Northern States Power Company (NSP) filed an application for approval to increase rates for electric service to customers in its service territory by approximately $18.6 million annually or approximately 12.7% based on NSP's 2008 test year. Of this increase in base rates, approximately $2.9 million is currently being collected through NSP's Transmission Cost Recovery Rider and Environmental Cost Recovery Rider, which NSP is proposing to subsequently recover in base rates. Consequently, the annual increase in overall retail rates is approximately $15.7 million or approximately 10.65%. The company states a typical residential electric customer using 750 kWh per month would see a net increase of 12.4 percent, or $8.55 per month. The proposed rates may potentially affect approximately 81,000 customers in NSP's service territory.
TODAY, shall the Commission suspend the imposition of the tariff for 90 days beyond July 30, 2009? AND, shall the Commission assess a filing fee for actual expenses not to exceed $100,000?
Telecommunications
1. In the Matter of the Petition for Arbitration Pursuant to the Telecommunications Act of 1996 to Resolve Issues Relating to an Interconnection Agreement in Dockets TC07-112, TC07-114, TC07-115, and TC07-116
TC07-112 In the Matter of the Petition of McCook Cooperative Telephone Company for Arbitration Pursuant to the Telecommunications Act of 1996 to Resolve Issues Relating to an Interconnection Agreement with Alltel Communications, Inc. (Staff Analyst: Bob Knadle, Staff Attorney: Karen Cremer)
TC07-114 In the Matter of the Petition of Kennebec Telephone Company for Arbitration Pursuant to the Telecommunications Act of 1996 to Resolve Issues Relating to an Interconnection Agreement with Alltel Communications, Inc. (Staff Analyst: Bob Knadle, Staff Attorney: Karen Cremer)
On October 19, 2007, each of the parties above (Parties) filed a petition for arbitration of certain unresolved terms and conditions of a proposed Interconnection Agreement with Alltel Communications, Inc. (Alltel), pursuant to Section 252 of the Telecommunications Act of 1996, SDCL 49-31-81, and ARSD 20:10:32:29. The Parties filed a list of unresolved issues and requested relief. 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 December 17, 2007, a Stipulation for Scheduling Order was filed. The Stipulation for Scheduling Order was approved at the January 29, 2008, commission meeting. On June 10, 2008, a Joint Stipulation for Amended Scheduling Order and Decision Date was filed. A hearing in these matters was held July 29 – 31, 2008. The Commission issued their decision at its January 27, 2009, commission meeting. On March 30, 2009, Alltel filed a Brief and Petition for Reconsideration. On April 14, 2009, the Petitioners filed a Letter and Opposition to the Petition for Reconsideration. Alltel's Petition for Reconsideration was denied at the May 19, 2009, commission meeting. On June 9, 2009, Alltel filed a Brief and a Motion to Compel in Dockets TC07-112, TC07-114, TC07-115, and TC07-116. On June 12, 2009, the parties filed a Stipulation for Amended Scheduling Order in Dockets TC07-112, TC07-114, TC07-115, and TC07-116. The Stipulation for Amended Scheduling Order was approved at the June 23, 2009, commission meeting.
TODAY, shall the Commission Grant the Motion to Compel?
On October 31, 2008, Qwest filed a request to modify the Jurisdictional Report Requirements in Section 2, by establishing a Percent Interstate Usage (PIU) floor for unidentified Feature Group D (FGD) terminating traffic. Terminating FGD traffic that does not contain sufficient call detail to identify the jurisdiction (unidentified traffic) will be assigned jurisdiction as follows:
• The first 5% of unidentified terminating traffic will continue to be jurisdictionally assigned based on the carrier's PIU report or, if the carrier has not filed a PIU report, a PIU of 50 (50% interstate – 50% intrastate) will be assigned per the current terms in Section 2.3.10.B.2.c.
• Unidentified traffic in excess of the 5% floor will be designated intrastate traffic and charged at Qwest's current South Dakota rates.
There is no change to currently effective rates. Notification has been sent to customers. Qwest is requesting that the proposed tariff revisions become effective on December 1, 2008. On November 21, 2008, AT&T Communications of the Midwest, Inc. (ATT) filed a Petition for Intervention and a Request to Suspend Qwest's proposed revisions to Tariff Section 2 pending a hearing on the matter. MCI Communications Services, Inc. d/b/a Verizon Business Services (Verizon), the Local Exchange Carriers Association (LECA), and Level 3 Communications, LLC (Level 3) filed Petitions for Intervention on November 21, 2008. On November 24, 2008, the South Dakota Telecommunications Association (SDTA) filed for Intervention. Intervention was granted to ATT, Verizon, LECA, and SDTA at the November 25, 2008, commission meeting and the tariff revisions were suspended for 120 days beyond the December 1, 2008. On December 5, 2008, Level 3 filed a Motion to Withdraw. The Commission granted Level 3 Communications, LLC's Motion to Withdraw, at its December 30, 2008, commission meeting. On March 17, 2009, Verizon filed a Motion to Extend Suspension and also requested that the Commission direct the parties to develop a procedural schedule. The Motion to Extend Suspension was granted at the March 24, 2009, commission meeting. Qwest filed a Motion to Further Extend the Suspension until August 31, 2009. The Motion to Further Extend the Suspension was granted at the May 5, 2009, commission meeting. A settlement between the parties was reached and Qwest filed revised tariff sheets on July 6, 2009. On July 7, 2009, Verizon filed a Notice of Withdrawal.
TODAY, shall the Commission Approve the Revised Tariff Sheets? AND, shall the Commission Grant any Petitions of Withdrawal?
- In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC09-025, TC09-026, TC09-027, and TC09-028
TC09-025 In the Matter of the Request of Kennebec Telephone Company, Inc. for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)
On May 19, 2009, Kennebec Telephone Company, Inc. (Kennebec) provided information constituting Kennebec's plan for the use of its federal universal service support and to otherwise verify that Kennebec will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254. On July 6, 2009, Kennebec filed its responses to Staff's data request.
TC09-026 In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)
On May 20, 2009, Interstate Telecommunications Cooperative, Inc. (ITC) provided information constituting ITC's plan for the use of its federal universal service support and to otherwise verify that ITC will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254. On June 12, 2009, ITC filed its responses to Staff's data request.
TC09-027 In the Matter of the Request of SSTELECOM, Inc. dba ITC for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)
On May 20, 2009, SSTELECOM, Inc. dba ITC (SSTELECOM) provided information constituting SSTELECOM's plan for the use of its federal universal service support and to otherwise verify that SSTELECOM will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254. On June 12, 2009, SSTELECOM filed its responses to Staff's data request.
TC09-028 In the Matter of the Request of Stockholm-Strandburg Telephone Company dba ITC for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)
On May 20, 2009, Stockholm-Strandburg Telephone Company dba ITC (Stockholm-Strandburg) provided information constituting Stockholm-Strandburg's plan for the use of its federal universal service support and to otherwise verify that Stockholm-Strandburg will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254. On June 12, 2009, Stockholm-Strandburg filed its responses to Staff's data request.
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?
4. In the Matter of the Filing for Approval of an Interconnection Agreement in Dockets TC09-043 and TC09-080
On May 21, 2009, the Commission received a filing for approval of an Interconnection Agreement between Qwest Corporation and Digital Telecommunications, Inc.
On June 18, 2009, the Commission received a filing for approval of an Interconnection Agreement between Qwest Corporation and Ionex Communications North, Inc. dba Birch Communications.
TODAY, shall the Commission Approve the Interconnection Agreements in the Above Referenced Dockets?
5. TC09-063 In the Matter of the Filing by Citizens Telecommunications Company of Minnesota, LLC for a Waiver of ARSD 20:10:32:56. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)
On June 1, 2009, Citizens Telecommunications Company of Minnesota, LLC (Citizens) filed a waiver of the Commission's ETC filing requirements pursuant to ARSD section 20:10:32:56, on the ground that the reporting requirements in support of ETC certification are unduly burdensome and unnecessary. Citizens' study area consists primarily of a geographic area contained within the state of Minnesota. Citizens' service area in South Dakota consists of the West Jasper exchange. West Jasper is the rural portion of an exchange where the larger portion of the exchange and the central office is located in Minnesota. Citizens has no wire centers in South Dakota. For companies such as Citizens which 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 ARSD sections 20:10:32:52 - 20:10:32:54 is unduly burdensome and unnecessary for the Commission to certify that Citizens is using federal high cost support for its intended purposes. Because its study area is largely contained within the state of Minnesota and because it will comply with the Minnesota Public Utilities Commission requirements for ETC certification, Citizens requests that it be allowed to file a copy of its Minnesota ETC certification with the SDPUC; and that the SDPUC accept such filings as sufficient to make the determination as to include Citizens on the list of certified carriers it provides to the FCC and the USAC on or before October 1 of each year.
TODAY, shall the Commission Grant the Waiver?
On June 5, 2009, the Commission received a filing for approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Level 3 Communications, LLC.
TODAY, shall the Commission Approve the Amendment to the Agreement?
7. TC09-078 In the Matter of the Application of Digital Telecommunications, Inc. for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota. (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Kara Semmler)
On June 8, 2009, Digital Telecommunications, Inc. (DTI) filed an application for a certificate of authority to provide interexchange telecommunication services and local exchange services in Qwest territories in South Dakota. DTI intends to provide resold services to residential and business customers.
TODAY, shall the Commission Grant a Certificate of Authority to Digital Telecommunications, Inc.?
Announcements
- The next regularly scheduled Commission meeting will be held July 29, 2009, at 9:30 a.m. in Room 413, State Capitol Building, Pierre, SD.
- Commission meetings are scheduled for August 11 and August 25, 2009.
- Commissioners and Staff will be attending the National Association of Regulatory Utility Commissioners meeting in Seattle, WA, July 19 – 22, 2009.
- A hearing in dockets TC07-112 through TC07-116 will be held August 4 – 5, 2009, Room 413, State Capitol Building, Pierre, SD. The hearing will begin at 9:00 a.m.
- The Commission offices will be closed Monday, September 7, 2009, in observance of Labor Day.
- A hearing in docket PS09-002 will be held September 8, 2009, Room 413, State Capitol Building, Pierre, SD. The hearing will begin at 1:30 p.m.
- A hearing in docket TC08-135 will be held September 9, 2009, Room 413, State Capitol Building, Pierre, SD. The hearing will begin at 9:00 a.m.
- A hearing on the Energy Act 2007 new PURPA standards will be held September 22 – 23, 2009, Room 413, State Capitol Building, Pierre, SD. The hearing will begin at 1:00 p.m. on September 22.
- A hearing in docket TC08-128 will be held October 7 – 8, 2009, Room 412, State Capitol Building, Pierre, SD. The hearing will begin at 9:00 a.m. on October 7.
/S/ Heather K. Forney .
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
July 7, 2009
