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South Dakota Public Utilities Commission Meeting
July 6, 2010, at 1:30 P.M. CDT
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 10:00 a.m. CDT on Tuesday July 6, 2010. 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 and click on the LIVE link 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 link 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.



1.      Approval of the Minutes of the Ad Hoc Commission Meetings held on May 27 and June 10, 2010, and the Commission Meetings held on June 1 and June 15, 2010.  (Staff:  Stephanie Harmon)

Consumer Reports

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

Pipeline Safety

1.      PS10-002 -  In the Matter of the Filing by Commission Pipeline Safety Staff Regarding Damage Prevention Programs.(Staff Analyst: Nathan Solem, Staff Attorney: Kara Semmler)

            On June 3, 2010, the Pipeline Safety Staff requested the Commission open a docket and hire experts to determine if damage prevention efforts in South Dakota can be improved. According to a recent PHMSA survey of damage prevention, South Dakota was deficient in the following three damage prevention areas: (1) Employee training; (2) Public education; and (3) Data analysis. Pipeline safety has jurisdiction over gas pipeline operators in South Dakota and is evaluated by PHMSA regarding its damage prevention efforts. South Dakota's program can be improved through complete analysis of deficient areas listed above and determination regarding whether these elements are applicable and appropriate for implementation in South Dakota. Petitions for Intervention have been filed by NorthWestern Corporation, MidAmerican Energy Company, Montana-Dakota Utilities Co., South Dakota One Call Board and South Dakota Intrastate Pipeline Company. 

            TODAY, shall the Commission Grant Intervention to all those that have Applied? 


1.      TC10-046 -  In the Matter of the Application of tw telecom data services llc for a Certificate of Authority for Telecommunication Services in South Dakota.(Staff Analyst: Tim Binder, Staff Attorney: Karen Cremer)

            On May 25, 2010, the Commission received an application from tw telecom data services llc (tw telecom) for a Certificate of Authority to provide local exchange services in South Dakota. Tw telecom proposed to offer primarily private line services, however the Company may offer local exchange services in the future. This application is for service territories of existing ILEC operators.

            TODAY, shall the Commission Grant the Certificate of Authority? 

2.      TC10-076 - In the Matter of the Petition of Qwest Corporation for Waiver of Utilization Threshold Requirement in Mitchell, South Dakota, Rate Center. (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Karen Cremer)

            On June 2, 2010, Qwest Corporation (Qwest) filed for a waiver of the utilization threshold requirements outlined in FCC's Number Resource Optimization Orders, FCC 00-429 and FCC 01-362 released in CC Docket No. 99-20, to allow NeuStar, the Number Pooling Administrator, to open a new NXX and provide a block of numbers in the Mitchell Rate Center.

            TODAY, shall the Commission Approve the Request for a Waiver of Utilization Threshold Requirements?

3.      TC10-078 - In the Matter of the Filing by MCC Telephony of the Midwest, LLC for Approval of its Initial Access Services Tariff and Waivers and Exemptions.(Staff Analyst: Terri LaBrie Baker,Staff Attorney: Karen Cremer)

            On June 4, 2010, the Commission received a petition by MCC Telephony of the Midwest, LLC (MCC) for approval of its Initial Access Services Tariff to be effective on or before July 4, 2010. MCC also petitioned for an exemption from ARSD 20:10:27:11 and a waiver or suspension of ARSD 20:10:27:12, 20:10:27:13, and 20:10:27:07 in order for MCC to set its price for primary intrastate switched access services to mirror the rates established by Qwest Communications, Inc.  

            TODAY, shall the Commission Approve the Access Services Tariff AND, shall the Commission Grant an exemption from ARSD 20:10:27:11 and waivers from ARSD 20:10:27:12, 20:10:27:13 and 20:10:27:07 with an Effective Date of July 4, 2010?

Items for Commission Discussion


  1. The Public Utilities Commission offices will be closed Monday, July 5, 2010, in observance of Independence Day.
  2. Commissioners and staff will attend the annual summer committee meetings of the National Association of Regulatory Utility Commissioners, July 18-21, 2010, in Sacramento, Calif.
  3. The next regularly scheduled commission meeting will be held July 27, 2010, at 9:30 a.m., CDT, in Room 413 at the State Capitol Building, Pierre, S.D.
  4. Commission meetings are scheduled for August 10 and 25, 2010.
  5. Commissioners and staff will attend the Sioux Empire Fair, August 10-15, 2010, in Sioux Falls, S.D.
  6. Commissioners and staff will attend the Brown County Fair, August 17-22, 2010, in Aberdeen, S.D.
  7. Commissioners and staff will attend the South Dakota Association of Telephone Cooperatives annual meeting, August 22-24, 2010, in Rapid City, S.D.
  8. Commissioners and staff will attend the South Dakota State Fair, September 2-6, 2010, in Huron, S.D.



/S/ Leah Mohr__________________
Leah Mohr
Deputy Executive Director
PUC Email
June 30, 2010