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South Dakota Public Utilities Commission Meeting
February 28, 2012, at 2:30 P.M. CST
Room 412, 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. CST on Monday, February 27, 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 Ad Hoc Commission Meetings held on February 13, 2012, and February 17, 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.     EL11-031     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 30, 2011, Otter Tail Power Company (Otter Tail) requested approval of updates to its Small Power Producer Riders, Sections 12.01, 12.02, and 12.03 of its Tariff Book. The listed sections set forth rates under which Otter Tail is obligated to purchase energy and capacity from qualifying facilities. This request proposes to update the energy and capacity payments.

     TODAY, shall the Commission approve the tariff revisions?

2.     EL12-003     In the Matter of the Petition of Northern States Power Company dba Xcel Energy to Discontinue Customer Buyback Program (Staff Analyst: Matthew Tysdal; Staff Attorney: Ryan Soye)

On January 25, 2012, the Commission received a petition from Northern States Power Company dba Xcel Energy for approval of tariff changes regarding the discontinuation of its Customer Buyback Program. Xcel asks that these tariff pages be deleted from its South Dakota Electric Rate Book.

     TODAY, shall the Commission approve the tariff revisions?

3.     EL12-004     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Butte Electric Cooperative, Inc. and Black Hills Electric Cooperative, Inc. (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)

On February 1, 2012, the Commission received an Electric Service Territory Boundary Agreement between Butte Electric Cooperative, Inc. and Black Hills Electric Cooperative, Inc. This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, Commission Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information.

     TODAY, shall the Commission approve the proposed electric service territory boundary agreement?

4.     EL12-005     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between LaCreek Electric Association, Inc. and Black Hills Electric Cooperative, Inc. (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)

On February 1, 2012, the Commission received an Electric Service Territory Boundary Agreement between LaCreek Electric Association, Inc. and Black Hills Electric Cooperative, Inc.  This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, Commission Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information.

     TODAY, shall the Commission approve the proposed electric service territory boundary agreement?

5.     EL12-006     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Moreau Grand Electric Cooperative, Inc. and Cam-Wal Electric Cooperative, Inc. (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)

On February 1, 2012, the Commission received an Electric Service Territory Boundary Agreement between Moreau Grand Electric Cooperative, Inc. and Cam-Wal Electric Cooperative, Inc. This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, Commission Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information.

     TODAY, shall the Commission approve the proposed electric service territory boundary agreement?

6.     EL12-008     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Moreau Grand Electric Cooperative, Inc. and Oahe Electric Cooperative, Inc. (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)

On February 1, 2012, the Commission received an Electric Service Territory Boundary Agreement between Moreau Grand Electric Cooperative, Inc. and Oahe Electric Cooperative, Inc. This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, Commission Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information.

     TODAY, shall the Commission approve the proposed electric service territory boundary agreement?

7.     EL12-009     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Niobrara Electric Association and Black Hills Electric Cooperative, Inc. (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)

On February 1, 2012, the Commission received an Electric Service Territory Boundary Agreement between Niobrara Electric Association and Black Hills Electric Cooperative, Inc. This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, Commission Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information.

     TODAY, shall the Commission approve the proposed electric service territory boundary agreement?

8.     EL12-010     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between West River Electric Association, Inc. and Butte Electric Cooperative, Inc. (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)

On February 1, 2012, the Commission received an Electric Service Territory Boundary Agreement between West River Electric Association, Inc. and Butte Electric Cooperative, Inc. This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, Commission Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information.

     TODAY, shall the Commission approve the proposed electric service territory boundary agreement?

9.     EL12-011     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between West River Electric Association, Inc. and LaCreek Electric Association, Inc. (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)

On February 1, 2012, the Commission received an Electric Service Territory Boundary Agreement between West River Electric Association, Inc. and LaCreek Electric Association, Inc. This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, Commission Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information.

     TODAY, shall the Commission approve the proposed electric service territory boundary agreement?

10.     EL12-012     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between West River Electric Association, Inc. and Moreau Grand Electric Cooperative, Inc. (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)

On February 1, 2012, the Commission received an Electric Service Territory Boundary Agreement between West River Electric Association, Inc. and Moreau Grand Electric Cooperative, Inc. This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, Commission Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information.

     TODAY, shall the Commission approve the proposed electric service territory boundary agreement?

Telecommunications

1.     TC12-013     In the Matter of the Filing by Midcontinent Communications for Approval of Revisions to Its Access Services Tariff (Staff Analyst: Jon Thurber, Staff Attorney: Karen Cremer)

On January 6, 2012, Midcontinent Communications filed for approval of revisions to its Switched Access Services Tariff. This filing is intended to replace, in its entirety, Midcontinent's switched access services tariff currently on file with the commission. The proposed tariff provisions are filed for the purpose of making the terms and conditions of Midcontinent's intrastate tariff consistent with its interstate tariff, and to implement the intercarrier compensation regime for certain VoIP-PSTN traffic as mandated in the Federal Communications Commission's Report and Order and Further Notice of Proposed Rulemaking, in Docket Nos. WC Docket No. 10-90, et al., FCC Release No. 11-161.

     TODAY, shall the Commission approve Midcontinent Communication's Access Services Tariff?

2.     TC12-016     In the Matter of the Complaint and request for Declaratory Ruling filed by Midcontinent Communications Against PaeTec Communications, Inc. and McLeodUSA Telecommunications Services, L.L.C. regarding the Delivery of Telecommunications Traffic and Payment for such Traffic (Staff Analyst: Chris Daugaard, Staff Attorney: Kara Semmler)

On January 12, 2012, the Commission received a complaint from Midcontinent Communications against PaeTec Communications, Inc. The Complaint addresses PaeTec activity that allegedly disguises the true origination point or jurisdiction of traffic or delays or prevents the delivery or termination of toll traffic to Midcontinent end users. Additionally, the filing requests a declaratory ruling from the Commission regarding the alleged activity and whether it is a violation of SDCL 49-31-111, 49-31-10 and 49-31-11. On February 1, 2012, the South Dakota Telecommunications Association requested intervention. On February 3, 2012, the Local Exchange Carrier's Association requested intervention. On February 8, 2012, the Complainant amended its complaint to include McLeodUSA Telecommunications Services, LLC as a party. On February 21, 2012, the Commission received a letter from Staff requesting the Commission confirm the required time period for action in this matter and to extend the declaratory ruling deadline by 60 days, thereby doubling the allotted time.

     TODAY, shall the Commission grant intervention to all parties? AND Shall the Commission grant Staff's request for an extension of the Declaratory Ruling decision time?

3.     TC12-020     In the Matter of the Approval of an Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service operating affiliates, dba AT&T Mobility for the State of South Dakota (Staff Attorney: Karen Cremer)

On January 30, 2012, the Commission received a filing pursuant to 47 U.S.C. ยง252 for approval of the InterMTA Percentages Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and New Cingular Wireless PCS, LLC dba AT&T Mobility for the State of South Dakota.

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

4.     TC12-021     In the Matter of the Filing by MCC Telephony of the Midwest, LLC for Approval of Revisions to its Access Services Tariff No. 1 (Staff Analyst: David Jacobson, Staff Attorney: Karen Cremer)

On February 2, 2012, the Commission received a filing from MCC Telephony of the Midwest, LLC, for approval of revisions to its Access Services Tariff No. 1. The purpose of this filing is to add provisions regarding the identification and rating of VoIP-PSTN traffic in compliance with the Federal Communications Commission's Repost and Order in WC Docket Nos. 10-90, etc., FCC Release No. 1 1-161 (November 18, 2011), add a service order charge, and make various textual changes to clarify existing provisions.

     TODAY, shall the Commission approve the requested tariff changes?

5.     TC12-022     In the Matter of the Filing by Bandwidth.com CLEC, LLC for Approval of Revisions to its Access Services Tariff No. 1 (Staff Analyst: David Jacobson, Staff Attorney: Karen Cremer)

On February 2, 2012, the Commission received a filing from Bandwidth.com CLEC, LLC. This filing makes revisions to Bandwidth.com's Competitive Telecommunications Access Services Tariff No. 1 to incorporate the requirements of the Federal Communications Commission Report and Order in WC Docket No. 10-90, etc., FCC No. 11-161 (released November 18, 2011) regarding the treatment of Toll VoIP-PSTN traffic. The Company requests an effective date for this revision of February 3, 2012.

     TODAY, shall the Commission approve the requested tariff changes?

Items for Commission Discussion

Announcements

  1. Commissioners and staff will meet with consumers at the Sioux Empire Home Show, March 2-4, 2012, at the Sioux Falls Convention Center, Sioux Falls, S.D.

  2. The next regularly scheduled commission meeting will be held Tuesday, March 13, 2012, at 1:30 p.m. CDT, in Room 413 at the State Capitol Building, Pierre, S.D.

  3. A hearing in Docket EL11-006 will be held March 21-22, 2012, beginning at 9 a.m. CDT each day in Room 413 in the State Capitol Building, Pierre, S.D.

  4. Commission meetings are scheduled for March 27 and April 10, 2012.

 

/S/ Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
February 22, 2012