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South Dakota Public Utilities Commission Meeting
August 25, 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 August 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)

Electric

1.      EL07-027       In the Matter of the Filing by Xcel Energy for Approval of its Tariff Revisions and Distributed Generation Interconnection Manual. (Staff Analyst: Nathan Solem, Staff Attorney: Kara Semmler)

         Pursuant to a Commission Order in Docket EL06-018, Xcel Energy filed its proposed updates to its tariff pages regarding interconnection for distributed generation. The proposed tariff pages provide that Xcel's "Distributed Generation Interconnection Manual" is available upon request. The manual provides an interconnection process for distributed generation systems seeking to connect to Xcel Energy's distribution power system and the interconnection requirements for extended paralleled distribution generation systems. On August 17, 2009, Xcel filed a Request to Withdraw the Filing.

         TODAY, shall the Commission Grant the Request to Withdraw the Filing?

Telecommunications

1.      In the Matter of an Extension of an Exemption from Developing Company Specific Cost-Based Switched Access Rates in Dockets TC09-009, TC09-014, TC09-022 and TC09-031

         TC09-009        In the Matter of the Filing by Midstate Telecom, Inc. for an Extension of an Exemption from Developing Company Specific Cost-Based Switched Access Rates. (Staff Analyst: Jon Thurber, Staff Attorney: Karen Cremer)

     On March 9, 2009, Midstate Telecom, Inc. (Midstate) requested an extension of its exemption from filing a switched access cost study for a period of six months after the effective date of the new rules adopted by the Commission in RM05-002. Midstate further requested approval of its intrastate switched access rate of 11.5 cents per minute. On April 7, 2009, Midcontinent Communications (Midcontinent) filed a Petition for Intervention. On April 14, 2009, a Joint Motion and a Settlement Stipulation was filed. On April 20, 2009, Midstate filed an Objection of Midcontinent's Petition to Intervene. Midcontinent's Intervention was approved and Midstate's Objection of Midcontinent's Petition to Intervene was denied at the April 21, 2009, Commission Meeting. On May 14, 2009, Midstate filed Motion for Temporary Approval of Switched Access Rates. On May 21, 2009, Midcontinent filed a Motion to Disapprove Settlement Stipulation and for an Evidentiary Hearing. On June 18, 2009, Midcontinent filed a Motion for Uniformity in Switched Access Rates and for Evidentiary Hearing. At its June 23, 2009, meeting, the Commission Granted the Motion for Temporary Approval of Switched Access Rates. On August 7, 2009, Midstate filed a Response to Midcontinent Communication's Motion for Evidentiary Hearing and Uniformity.

         TC09-014        In the Matter of the Filing by SSTELECOM, Inc. for an Extension of an Exemption from Developing Company Specific Cost-Based Switched Access Rates. (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Karen Cremer)

         SSTELECOM is requesting an extension of its current exemption from developing company specific cost-based switched access rates and further requests that the Commission approve the rate set forth in its current Switched Access Tariff No. 1 for the duration of the extension period.  On April 13, 2009, Midcontinent Communications (Midcontinent) filed a Petition to Intervene. SSTELECOM filed an Objection to Intervention on April 17, 2009. On April 29, 2009, SSTELECOM filed a Letter and Motion for Temporary Approval of Switched Access Rate. The Commission Granted Intervention to Midcontinent and Granted the Motion for Temporary Approval of Switched Access Rates at its May 5, 2009, meeting. On June 18, 2009, Midcontinent filed a Motion for Uniformity in Switched Access Rates and for Evidentiary Hearing. On July 20, 2009, SSTELECOM filed a Response to Midcontinent's Motion for Uniformity in Switched Access Rates and for Evidentiary Hearing.

         TC09-022        In the Matter of the Filing by RC Communications, Inc. for an Extension of an Exemption from Developing Company Specific Cost-Based Switched Access Rates. (Staff Analyst: Tim Binder, Staff Attorney: Karen Cremer)

         On May 13, 2009, RC Communications, Inc. (RC) requested an extension of an exemption from developing a company specific cost-based switched access rate for a period of three months after the effective date of the new rules adopted by the Commission in RM05-002. RC Communications, Inc. further requested approval of the current RC switched access rate of $0.115 per minute until such time as the issues on this docket are resolved. On May 18, 2009, Midcontinent Communications (Midcontinent) filed a Petition to Intervene. Midcontinent's Intervention was approved at the June 9, 2009, Commission Meeting. On June 4, 2009, Midcontinent filed a Motion to Deny Petition for Approval of Extension and for Evidentiary Hearing. On June 18, 2009, Midcontinent filed a Motion for Uniformity in Switched Access Rates and for Evidentiary Hearing. At its June 23, 2009, meeting, the Commission Granted the Motion for Temporary Approval of Switched Access Rates.

         TC09-031        In the Matter of the Filing by Northern Valley Communications, L.L.C. for an Extension of an Exemption from Developing Company Specific Cost-Based Switched Access Rates. (Staff Analysts: Tim Binder and Jon Thurber, Staff Attorney: Karen Cremer)

         Northern Valley Communications, L.L.C. (NVC) is requesting an exemption from filing a switched access cost study for a period of three months after the effective date of the new rules adopted by the Commission in RM05-002. NVC further requests the Commission approve the rate set forth in its current Switched Access Tariff No. 1 for the duration of the extension period. On June 3, 2009, Midcontinent Communications (Midcontinent) filed a Petition to Intervene. On June 4, 2009, Midcontinent filed a Motion to Deny Petition for Extension and for Evidentiary Hearing. On June 4, 2009, NVC filed a Request for Temporary Approval of Switched Access Rates. On June 17, 2009, Qwest Communications Company filed a Petition for Leave to Intervene. Midcontinent filed a Motion for Uniformity in Switched Access Rates and for Evidentiary Hearing on June 18, 2009. The Commission granted Intervention to Midcontinent and Qwest and approved the Request for Temporary Switched Access Rates at its June 23, 2009, meeting. On August 4, 2009, AT&T Communications of the Midwest, Inc. filed a Petition for Intervention. The Commission granted Intervention to AT&T at its August 11, 2009, meeting.

         TODAY, shall the Commission Grant the Motion for Uniformity in Switched Access Rates and for Evidentiary Hearing in the Above Referenced Dockets?

2.      In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC09-029, TC09-065, TC09-068, and TC09-075

        TC09-029        In the Matter of the Request of Midcontinent Communications 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, 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 provisions of 47 U.S.C. Section 254.

         TC09-065        In the Matter of the Request of Fort Randall Telephone Company for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

        On June 1, 2009, 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 provisions of 47 U.S.C. Section 254.

         TC09-068        In the Matter of the Request of WWC License LLC d/b/a Alltel Communications, LLC for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)

        On June 1, 2009, WWC License LLC d/b/a Alltel Communications, LLC (WWC License) provided information constituting WWC License's plan for the use of its federal universal service support and to otherwise verify that WWC License 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.

         TC09-075        In the Matter of the Request of the City of Faith Municipal Telephone Company for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Karen Cremer)     

        On June 3, 2009, the 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 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?

3.      TC09-082        In the Matter of the Filing for Approval of an Interconnection Agreement between Qwest Corporation and Matrix Telecom, Inc. (Staff Attorney: Kara Semmler)

         On July 15, 2009, the Commission received a filing for approval of an Interconnection Agreement between Qwest Corporation and Matrix Telecom, Inc. 

         TODAY, shall the Commission Approve the Interconnection Agreement?

Announcements

  1. The next regularly scheduled Commission meeting will be held September 8, 2009, at 9:30 a.m. in Room 413, State Capitol Building, Pierre, SD.
  2. Commission meetings are scheduled for September 22 and October 6, 2009.
  3. Aug. 17-24, 2009 - Aberdeen, Brown County Fair, Brown County Fairgrounds. PUC representatives will meet with consumers, distribute information and answer questions.
  4. A hearing in docket CN09-001 will be held September 3, 2009, Room 282, University Center, 2205 Career Avenue, Sioux Falls, SD. The hearing will begin at 1:30 p.m.
  5. Sept. 3-7, 2009 - Huron, South Dakota State Fair, State Fairgrounds. PUC representatives will meet with consumers, distribute information and answer questions.
  6. The Commission offices will be closed Monday, September 7, 2009, in observance of Labor Day.
  7. 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.
  8. A public input hearing in dockets HP09-002 and EL09-015 will be held September 16, 2009, in the McKnight Community Center in White, SD. The hearing will begin at 6:30 p.m.
  9. 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.

 

    /S/ Heather K Forney                               .
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
August 4, 2009