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South Dakota Public Utilities Commission Meeting
September 14, 2010, at 9:30 A.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 5:00 p.m. CDT on Monday, September 13, 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 www.puc.sd.gov and click on the LIVE link on the home page. The Commission requests 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, Click on "Commission Meetings Archives," to access the recordings.

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

Administration

  1. Approval of the Minutes of the Commission Meetings Held on August 10, 2010, and August 25, 2010. (Staff: Stephanie Harmon) 

Consumer Reports

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

Electric

1.      EL10-009 - In the Matter of the Filing by MidAmerican Energy Company for Approval of its Tariff Revisions. (Staff Analysts: Jon Thurber, Brittany Mehlhaff, Staff Attorneys: Kara Semmler, Ryan Soye)

         On July 14, 2010, the Commission received an application from MidAmerican Energy for approval to revise its Rider No. 54 - Qualifying Cogeneration and Small Power Production Purchases tariff rates and terms and conditions. The Company has requested an effective date of August 15, 2010, for the proposed modifications to the rate schedules.

         TODAY, shall the Commission approve the tariff revisions?

2.      EL10-011 -  In the Matter of the Application by Otter Tail Power Company for Authority to Increase Rates for Electric Service in South Dakota. (Staff Analysts: Jon Thurber, Bob Knadle, Dave Jacobson, Brittany Mehlhaff, Staff Attorneys: Kara Semmler, Ryan Soye)

         On August 20, 2010, the Commission received an application by Otter Tail Power Company (Otter Tail) for approval to increase rates for electric service in its South Dakota service territory. Otter Tail states that it proposes to increase rates by $2,755,954 annually or 9.96% based on Otter Tail's 2009 test year. Otter Tail states a typical residential customer will see an increase of $9.68 per month under the rate design proposed by the Company. The proposed rate may potentially affect approximately 11,700 customers in Otter Tail's service territory.

         TODAY, shall the Commission suspend the imposition of the proposed tariff for 180 days from the filing date of August 20, 2010? AND, shall the Commission assess a filing fee to account for actual expenses incurred from the date of filing, not to exceed $125,000? AND, shall the Commission give the Executive Director authority to enter into consulting contracts as necessary?

Telecommunications

1.      In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC10-047, TC10-055, TC10-056, TC10-057, TC10-061, TC10-065, and TC10-066.

        TC10-047 -  In the Matter of the Request of Roberts County Telephone Cooperative Association and RC Communications, Inc. for Certification Regarding its Use of Federal Universal Service Support. (Staff Analyst: Dave Jacobson, Staff Attorney:  Kara Semmler)

        On May 25, 2010, the Commission received an application from Roberts County Telephone Cooperative Association and RC Communications, Inc. requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TC10-055 -  In the Matter of the Request of James Valley Cooperative Telephone Company for Certification Regarding its Use of Federal Universal Service Support. (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)

         On May 27, 2010, the Commission received an application from James Valley Cooperative Telephone Company requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

        TC10-056 - In the Matter of the Request of James Valley Wireless, LLC for Certification Regarding its Use of Federal Universal Service Support. (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)

         On May 27, 2010, the Commission received an application from James Valley Wireless, LLC requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TC10-057 -  In the Matter of the Request of Northern Valley Communications, LLC for Certification Regarding its Use of Federal Universal Service Support. (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)

         On May 27, 2010, the Commission received an application from Northern Valley Communications, LLC requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TC10-061 -  In the Matter of the Request of Tri-County Telecom, Inc. for Certification Regarding its Use of Federal Universal Service Support. (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)

         On May 28, 2010, the Commission received an application from Tri-County Telecom, Inc. requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TC10-065 -  In the Matter of the Request of Midstate Communications, Inc. for Certification Regarding its Use of Federal Universal Service Support. (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)

         On May 28, 2010, the Commission received an application from Midstate Communications, Inc. requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         TC10-066 -  In the Matter of the Request of Midstate Telecom, Inc. for Certification Regarding its Use of Federal Universal Service Support. (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)

         On May 28, 2010, the Commission received an application from Midstate Telecom, Inc. requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2011.

         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?

2.      TC10-087 -  In the Matter of the Filing for Approval of a DC Power Reduction, Restoration and Deactivation Amendment to Interconnection Agreement Between Qwest Corporation and MCImetro Access Transmission Services LLC for the State of South Dakota. (Staff Attorney: Kara Semmler)

         On August 11, 2010, the Commission received a filing for approval of a DC power reduction, restoration, and deactivation amendment to an interconnection agreement between Qwest Corporation and MCImetro Access Transmission Service LLC for the state of South Dakota. Any party wishing to comment may do so by filing written comments with the Commission and the parties to the Agreement no later than August 31, 2010. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments. The Commission received no comments.

         TODAY, shall the Commission approve the deactivation amendment to the interconnection agreement?

Items for Commission Discussion

Announcements

1.   The next regularly scheduled commission meeting will be held Tuesday, September 28, 2010, at 9:30 a.m., CDT, in Room 413 of the State Capitol Building, Pierre, S.D.

2.   Commission meetings are scheduled for October 12 and 26, 2010.

3.   The Public Utilities Commission offices will be closed Monday, October 11, 2010, in observance of Native American Day.

4.   A hearing in CE10-001 will be held Tuesday, October 26, 2010, beginning at 1:30 p.m., CDT, in Room 413 of the State Capitol Building, Pierre, S.D.

5.   Commissioners and staff will meet with representatives of Xcel Energy to discuss the company's resource plan and the commission's role in reliability oversight on Thursday, October 27, 2010, at 9:30 a.m. CDT, in Room 413 of the State Capitol Building, Pierre, S.D.

6.   The Public Utilities Commission offices will be closed Thursday, November 11, 2010, in observance of Veterans Day.

7.   Commissioners and staff will attend the annual meeting of the National Association of Regulatory Utility Commissioners, November 14-17, 2010, in Atlanta, Ga.

8.   Commissioners and staff will meet with representatives of NorthWestern Energy to discuss company updates on Tuesday, November 23, 2010, at 1:30 p.m. CST, in Room 413 of the State Capitol Building, Pierre, S.D.

9.   The Public Utilities Commission offices will be closed Thursday, November 25, 2010, in observance of Thanksgiving.

 

/S/Cindy Kemnitz                               .
Cindy Kemnitz
Finance Manager
puc@state.sd.us
September 7, 2010