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South Dakota Public Utilities Commission
June 5, 2012, 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, June 4, 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.
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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 Meeting Held on May 14, 2012, and May 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
On May 15, 2012, Commission Staff filed an Electric Service Territory Boundary Agreement between Dakota Energy Cooperative, Inc. and West Central 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. Commission Staff asks for approval of the agreement to update official mapping data to properly reflect the service territory boundaries shared by the utilities in this docket.
TODAY, shall the Commission approve the proposed electric service territory boundary agreement?
2. EL12-037 In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Central Electric Cooperative, Inc. and West Central Electric Cooperative, Inc. (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)
On May 15, 2012, Commission Staff filed an Electric Service Territory Boundary Agreement between Central Electric Cooperative, Inc. and West Central 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. Commission Staff asks for approval of the agreement to update official mapping data to properly reflect the service territory boundaries shared by the utilities in this docket.
TODAY, shall the Commission approve the proposed electric service territory boundary agreement?
On May 25, 2012, West River Electric Association (WREA) and Black Hills Power, Inc. (BHP) jointly filed a request for Commission approval of an electric service territory exception. If approved, WREA would provide electrical service to Steven Lawler in Rapid City, South Dakota, who is currently a customer of BHP.
TODAY, shall the Commission approve the joint request for exchange of retail electric service rights?
One Call
On July 11, 2011, NorthWestern Energy filed a complaint against Split Rock Contracting, Inc, for One Call violations. The One Call Enforcement Panel met on August 30, 2011, and determined a violation occurred. The Panel recommended a $1,000 penalty with $500 suspended under specified circumstances. The recommendation was accepted by both parties and the South Dakota One Call Board. Spilt Rock Contracting, Inc. violated the terms of the suspension by failing to pay the penalty, and the Board sent a demand letter for payment of $1,000. The South Dakota One Call Board met on May 17, 2012, and took action to request that the Commission bring an action in the name of the State of South Dakota pursuant to SDCL 49-7A-28.
TODAY, shall the Commission bring an action in the name of the State of South Dakota pursuant to SDCL 49-7A-28 for collection of the penalty?
On August 23, 2011, Southeastern Electric Cooperative, Inc. (Southeastern Electric) filed a complaint against Don Runge for One Call violations. The One Call Enforcement Panel met on October 28, 2011, and found that two violations occurred. The Panel recommended a $1,000 penalty with $500 suspended under specified circumstances for each violation. Although Don Runge originally requested a hearing, he later accepted the Panel's recommendation. Don Runge is now in violation of the suspension terms for failure to pay the penalty and owes $2,000. A demand letter for payment of $2,000 was sent. The South Dakota One Call Board met on May 17, 2012, and took action to request that the Commission bring an action in the name of the State of South Dakota pursuant to SDCL 49-7A-28.
TODAY, shall the Commission bring an action in the name of the State of South Dakota pursuant to SDCL 49-7A-28 for collection of the penalty?
On August 23, 2011, Southeastern Electric Cooperative, Inc. (Southeastern Electric) filed a complaint against Don Runge for One Call violations. The One Call Enforcement Panel met on October 28, 2011, and found that a violation had occurred. The Panel recommended a $2,500 penalty. Although Don Runge originally requested a hearing, he later accepted the Panel's recommendation. Don Runge failed to pay the penalty. A demand letter for payment of $2,500 was sent. The South Dakota One Call Board met on May 17, 2012, and took action to request that the Commission bring an action in the name of the State of South Dakota pursuant to SDCL 49-7A-28.
TODAY, shall the Commission bring an action in the name of the State of South Dakota pursuant to SDCL 49-7A-28 for collection of the penalty?
On November 14, 2011, the City of Aurora filed a complaint against Eagle West for One Call violations. The One Call Enforcement Panel met on December 16, 2011, and found that a violation had occurred. The Panel recommended a $500 penalty with $250 suspended under specific circumstances. Eagle West violated the terms of the suspension for failure to pay the penalty and now owes $500. A demand letter was sent. The South Dakota One Call Board met on May 17, 2012, and took action to request that the Commission bring an action in the name of the State of South Dakota pursuant to SDCL 49-7A-28.
TODAY, shall the Commission bring an action in the name of the State of South Dakota pursuant to SDCL 49-7A-28 for collection of the penalty?
On November 14, 2011, the City of Aurora filed a complaint against Eagle West for One Call violations. The One Call Enforcement Panel met on December 16, 2011, and found that a violation had occurred. The Panel recommended a $500 penalty with $250 suspended under specific circumstances. Eagle West violated the terms of the suspension for failure to pay the penalty and now owes $500. A demand letter was sent. The South Dakota One Call Board met on May 17, 2012, and took action to request that the Commission bring an action in the name of the State of South Dakota pursuant to SDCL 49-7A-28.
TODAY, shall the Commission bring an action in the name of the State of South Dakota pursuant to SDCL 49-7A-28 for collection of the penalty?
Telecommunications
On June 22, 2011, Midstate Telecom, Inc. (Midstate) filed a petition for approval of its new intrastate switched access rates. Per ARSD 20:10:27:02.02, Midstate requested the Commission approve a higher rate than allowed under ARSD 20:10:27:02.01 and filed a cost study in support of the higher rate. Midstate also requested a phase-in period in which their current rate would be approved until November 30, 2011, after which the requested rate would go into effect. On May 25, 2012, Midstate Telecom filed a letter requesting the Commission to close docket TC11-075 as it anticipates filing a transitional rate filing for its terminating intrastate access rate, in conformance with FCC Order 11-161.
TODAY, shall the Commission dismiss and close this docket?
2. TC12-035 In the Matter of the Application of Midcontinent Communications for an Amended Certificate of Authority (Staff Analyst: Patrick Steffensen, Staff Attorney: Kara Semmler)
On April 25, 2012, the Commission received an Application for an Amended Certificate of Authority from Midcontinent Communications to allow them to provide local exchange service within the rural exchange area of Lennox, S.D., service area. In addition, Midcontinent Communications requests a waiver of the application requirements in ARSD § 20:10:32:03. On May 11, 2012, Knology Community Telephone and South Dakota Telecommunications Association filed Petitions to Intervene. On May 24, 2012, the Commission received an Amended Application for an Amended Certificate of Authority and an Application for Waiver of ARSD 20:10:32:15 from Midcontinent Communications.
TODAY, shall the Commission grant intervention to all parties that have filed?
On May 11, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of an ICC Bill and Keep 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.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
On May 18, 2012, the Commission received a filing from Local Exchange Carrier Association, Inc. (LECA) for approval of revisions to its Access Services Tariff No. 1. The purpose of this filing is to implement the Federal Communication Commission's Intercarrier Compensation Reform Order (November 18, 2011). AT&T Communications of the Midwest, Inc. filed for Intervention.
TODAY, shall the Commission grant Intervention?
Items for Commission Discussion
Announcements
- Commissioners will attend the Black Hills Electric Cooperative annual meeting at
5 p.m. MDT, Friday, June 1, 2012, at the Mueller Center, Hot Springs, S.D.
- Commissioners will attend the Sioux Valley Energy annual meeting at 6:30 p.m. CDT, Tuesday, June 5, 2012, at the Swiftel Center, Brookings. S.D.
- Commissioners will attend the Cam Wal Electric Cooperative annual meeting at 6 p.m. CDT, Thursday, June 7, 2012, at the Legion Hall, Gettysburg, S.D.
- Commissioners will attend a Utility Shareholders of South Dakota meeting at Noon CDT, Tuesday, June 12, 2012, at the Ramkota Hotel, Aberdeen, S.D.
- Commissioners will attend the Roberts County Telephone Cooperative annual meeting at 7 p.m. CDT, Tuesday, June 12, 2012, at the Community Center in Claire City, S.D.
- A hearing in Docket EL11-019 will be held beginning at 1 p.m. CDT Wednesday, June 13, 2012, and continuing on Thursday, June 14, 2012, at 8 a.m., in Room 413 at the State Capitol Building in Pierre, S.D.
- The next regularly scheduled commission meeting will be held Tuesday, June 19, 2012, at 9:30 a.m. CDT, in Room 413 at the State Capitol Building, Pierre, S.D.
- Commissioners and staff will meet with representatives of Missouri River Energy Services on Monday, June 25, 2012, at 1:30 p.m. CDT in Room 412 at the State Capitol Building, Pierre, S.D. The agenda is to discuss a periodic information exchange.
- Commission meetings are scheduled for July 3 and 17, 2012.
/S/ Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
May 30, 2012
