Jan. 17, 2012 Agenda

Public Utilities Commission
Capitol Building, 1st floor
500 E. Capitol Ave.
Pierre, SD 57501-5070
Phone: (605) 773-3201

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South Dakota Public Utilities Commission Meeting
January 17, 2012, at 2:30 P.M. CST
Room 414, Capitol Building, Pierre, South Dakota
Room FADM 265, University Center, 4801 N. Career Ave., Sioux Falls, South Dakota

NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 10:00 a.m. CST on Tuesday, January 17, 2012. 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 website 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 website under the Commission Actions tab, Click on "Commission Meeting 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 Meeting Held on January 3, 2012. (Staff: Joy Irving)

Consumer Reports

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

Electric

1. EL11-023 In the Matter of the Petition of Northern States Power Company d/b/a Xcel Energy for Approval of a Credit Mechanism for a Department of Energy Settlement Payment Along with Deferred Accounting and Approval to Depart from Its Fuel Clause Tariff, as Necessary (Staff Analyst: Jon Thurber, Staff Attorney: Karen Cremer)

On August 16, 2011, Northern States Power Company d/b/a Xcel Energy (NSP) filed for approval of a credit mechanism for funds received from a Settlement with the United States Department of Energy (DOE) for DOE's partial breach of its contract to begin accepting spent nuclear fuel on or before January 31, 1998. The gross amount currently available for credit is $99,966,841 on a total NSP system basis, or approximately $4.3 million on a South Dakota jurisdictional basis.

TODAY, shall the Commission approve Staff's recommendation for the credit mechanism? AND, shall the Commission grant approval for deferred accounting treatment of future Settlement proceeds? OR, how shall the Commission proceed?

2. EL11-029 In the Matter of the Filing by Otter Tail Power Company for Approval of Tariff Revisions (Staff Analyst: Matthew Tysdal; Staff Attorney: Ryan Soye)

On December 21, 2011, Otter Tail Power Company (Otter Tail) submitted, for South Dakota Public Utilities Commission (Commission) approval, a revised Section 16.00, Sheet No. 1. This revised sheet is the second revision to Sheet No. 1 of Otter Tail's Summary of Contracts with Deviations. The municipal service agreement between Otter Tail and the City of Britton, S.D., referenced on the current Summary of Contracts with Deviations, has expired and a new agreement for municipal services was made as of November 24, 2011, which brings rates within Otter Tail's current tariff on file with the Commission.

TODAY, shall the Commission approve the Tariff Revisions?

Pipeline Safety

1. PS11-001 In the Matter of the Petition for Declaratory Ruling of the South Dakota Public Utilities Commission regarding 49 CFR 192.3 (Staff Analysts: Nathan Solem, Joshua Williams, Staff Attorney: Kara Semmler)

On November 18, 2011, Commission pipeline safety staff filed a Petition for a Declaratory Ruling. The request seeks Commission clarification regarding the interpretation and implementation of 49 CFR 192.3. Specifically, pipeline safety staff question whether a NorthWestern Energy pipeline serving a large volume customer operating at less than 20 percent of SMYS is properly classified as a distribution line or transmission line. Staff filed a reply to NorthWestern Energy's comments on January 6, 2012.

TODAY, shall the Commission rule on the Petition for a Declaratory Ruling?

Telecommunications

1. TC11-092 In the Matter of the Filing by Liberty-Bell Telecom, LLC dba DISH Network Phone & Internet for Approval of its Intrastate Switched Access Tariff No. 1 (Staff Analyst: Chris Daugaard, Staff Attorney: Karen Cremer)

On November 28, 2011, Liberty-Bell Telecom, LLC dba DISH Network Phone and Internet filed for approval of its Intrastate Switched Access Tariff No. 1. This Tariff applies to Intrastate Switched Exchange Access Service provided to Customers for origination and termination of traffic to and from South Dakota Central Office codes directly assigned to Liberty-Bell Telecom, LLC dba DISH Network Phone & Internet in the absence of a separate interconnection agreement between the Company and Customer. For purposes of this filing, the Company respectfully requests waiver of ARSD 20:10:27:07 with regard to the submission of cost data in support of its switched access service. The Company's rates are directly benchmarked to corresponding Qwest Corporation switched exchange access rates as set forth in Qwest Corporation's South Dakota Access Tariff, consistent with Commission policy.

TODAY, shall the Commission approve Liberty-Bell Telecom, LLC's Intrastate Switched Access Services Tariff No. 1?

2. TC11-093 In the Matter of the Filing by MCImetro Access Transmission Services LLC dba Verizon Access Transmission Services for Approval of its Access Services Tariff No. 2. (Staff Analyst: Chris Daugaard, Staff Attorney: Kara Semmler)

On December 9, 2011, MCImetro Access Transmission Services LLC dba Verizon Access Transmission Services filed for approval of revisions to its Intrastate Switched Access Tariff No. 2. These tariff pages reflect Verizon Access' implementation of the Intercarrier compensation regime for certain VoIP-PSTN traffic that was recently mandated (absent agreement by the affected companies) by the Federal Communications Commission ("FCC") in its November 18, 2011, Report and Order and Further Notice of Proposed Rulemaking in WC Dockets No. 10-90, etc. In accordance with that Order, the tariff revisions will take effect on January 1, 2012. The amendments implement a methodology, consistent with the FCC's Order, for separating Relevant VoIP-PSTN traffic from access traffic that will be billed at standard intrastate switched access rates. The VoIP-PSTN traffic so identified will be billed at the rates set forth in MCImetro's interstate access tariff.

TODAY, shall the Commission approve the requested tariff changes?

3. TC11-094 In the Matter of the Filing by Sprint Communications Company, L.P. for Approval of its Access Services Tariff No. 3 (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)

On December 16, 2011, Sprint Communications Company, L.P. filed for approval of its Intrastate Switched Access Tariff No. 3. This tariff filing reflects Sprint Communications Company, L.P.'s implementation of the Intercarrier compensation regime for certain Toll VoIP-PSTN traffic that was recently mandated (absent agreement by the affected companies) by the Federal Communications Commission ("FCC") in its November 18, 2011, Report and Order and Further Notice of Proposed Rulemaking in WC Dockets No. 10-90 etc. In accordance with that Order, these tariff revisions will take effect January 14, 2012. The revision is consistent with the FCC's Order, for separating Relevant Toll VoIP-PSTN traffic from access traffic which is billed at the standard intrastate access rates. The Toll VoIP-PSTN traffic will be billed at the rates set forth in Sprint Communications Company L.P. Tariff F.C.C. No. 13 interstate access tariff.