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South Dakota Public Utilities Commission
July 3, 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, July 2, 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
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
On May 23, 2012, the South Dakota Public Utilities Commission (Commission) received a filing from Otter Tail Power Company (Otter Tail) requesting approval of tariff revisions. Specifically, Otter Tail is revising its General Rules and Regulations Sections 5.02 and 5.04 to reflect the agreement made between Commission staff and Otter Tail in EL10-011 regarding the collection of all fuel and purchased power costs.
TODAY, shall the Commission approve the tariff revisions?
On May 24, 2012, the South Dakota Public Utilities Commission (Commission) received a filing from Otter Tail Power Company (Otter Tail) requesting approval for a revised Section 16.00, Sheet Nos. 1 and 4 of its Tariff Book. The municipal service agreements, currently listed as contracts with deviations, between Otter Tail and the Town of Brandt and the Town of Wentworth will expire on July 1, 2012. The new agreements for municipal services bring rates within Otter Tail's current tariff on file with the Commission.
TODAY, shall the Commission approve the tariff revisions?
On May 31, 2012, the South Dakota Public Utilities Commission (Commission) received a filing from Black Hills Power, Inc. (BHP) requesting approval of revisions to its Tariff Book. Specifically, BHP has proposed revisions to Section 6.00, Sheet Nos. 2, 3, 4, and 5, as well as the elimination and reservation for future use of Cost Adjustment Tariffs in Section 3C that are no longer effective for its South Dakota customers.
TODAY, shall the Commission approve the tariff revisions?
On June 7, 2012, Commission Staff filed an Electric Service Territory Boundary Agreement between LaCreek Electric Association, Inc. and West Nebraska Public Power District. 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?
Telecommunications
1. In the Matter of the Petition for Arbitration Pursuant to the Telecommunications Act of 1996 to Resolve Issues Relating to an Interconnection Agreement in Dockets TC07-111, TC07-112, TC07-113, TC07-115 and TC07-116
On October 19, 2007, each of the parties above (Parties) filed a petition for arbitration of certain unresolved terms and conditions of a proposed Interconnection Agreement with Alltel Communications, Inc. (Alltel), pursuant to Section 252 of the Telecommunications Act of 1996, SDCL 49-31-81, and ARSD 20:10:32:29. The Parties filed a list of unresolved issues and requested relief.
TODAY, shall the Commission dismiss and close the above dockets?
On May 1, 2012, the Commission received a filing from AT&T Communications of the Midwest, Inc. (AT&T) for approval of revisions to its Access Services Tariff. The purpose of this filing is to implement the Federal Communications Commission's Intercarrier Compensation Reform order (released November 18, 2011). AT&T requests an effective date for this revision of July 1, 2012.
TODAY, shall the Commission approve the requested tariff changes?
On May 4, 2012, the Commission received a filing from 365 Wireless, LLC for a Certificate of Authority to provide Interexchange Long Distance Services and Local Exchange Services in South Dakota. Applicant proposes to offer switched access local exchange and interexchange telecommunications services suitable for voice and limited data applications in the State. Applicant intends to provide such services to Business Customers located in non-rural areas. On June 25, 2012, the Commission received a letter requesting a withdrawal of the application for a Certificate of Authority to Provide Interexchange Long Distance Services.
TODAY, shall the Commission grant the Certificate of Authority to provide Local Exchange Services to 365 Wireless, LLC?
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). On May 30, 2012, AT&T filed its Petition to Intervene. On June 5, 2012, the Commission granted AT&T's Petition to Intervene.
TODAY, shall the Commission approve the revisions to the Access Services Tariff No. 1?
On May 23, 2012, the Commission received a filing from dishNet Wireline L.L.C. for approval of its switched exchange access tariff, South Dakota P.U.C. Tariff No. 2. According to the filing, the tariff replaces in its entirety Liberty-Bell Telecom, LLC dba DISH Network Phone & Internet's South Dakota P.U.C. Tariff No.1, following the change in company's name to "dishNET Wireline L.L.C".The tariff is substantively unchanged from the company's South Dakota P.U.C. Tariff No. 1, with the exception of the company's name.
TODAY, shall the Commission approve the revisions to the switched exchange access tariff?
On May 29, 2012, Qwest Corporation d/b/a CenturyLink QC (Qwest) filed for Approval of Revisions to its Access Service Tariff. This filing is the first step in implementing the "Transitional Intrastate Access Service" reductions mandated by the Federal Communications Commission's November 18, 2011, Report and Order and Further Notice of Proposed Rulemaking in WC Docket Nos. 10-90, etc. (FCC 11-161). The calculations supporting this rate change were filed as confidential. Qwest respectfully requests that the proposed changes become effective July 3, 2012.
TODAY, shall the Commission approve the requested tariff changes?
On May 29, 2012, the Commission received a filing from Metropolitan Telecommunications of South Dakota, Inc. dba MetTel for approval of revisions to its Access Services Tariff No. 3. The purpose of this filing is to implement the Federal Communications Commission's Intercarrier Compensation Reform order (released November 18, 2011). MetTel requests an effective date for the revisions of July 1, 2012. On June 25, 2012, the Commission received tariff revisions and a request for waiver of ARSD §§ 20:10:29:10, 20:10:29:12 and 20:10:29:16.
TODAY, shall the Commission approve the waivers and requested tariff changes?
On May 29, 2012, the Commission received a joint application from OrbitCom, Inc., Knology of the Plains, Inc., and Knology of the Black Hills, LLC, requesting waiver or suspension of ARSD §§ 20:10:29:10, 20:10:29:12 and 20:10:29:16. The applicants state that these rules govern the establishment of intrastate switched access charges and a waiver/suspension is requested from the provisions in each rule indicating that local exchange carriers should tariff equal rates for originating and terminating traffic. On June 4, 2012, Midcontinent Communications (Midcontinent) filed a Petition to Intervene and to Join in Application for Waiver. On June 13, 2012, AT&T Communications of the Midwest, Inc. filed a petition to intervene. The petition states "AT&T asks for intervention status to initially seek a determination by the commission if CLECs in South Dakota require the specific waivers being sought in this docket." The petition further states, "In the event the commission determines that a waiver of the requirements found in ARSD 20:10:29 et. seq. is required for CLECs, AT&T in the alternative would ask it be granted a waiver for the reasons stated by OrbitCom, Knology and Midcontinent in their filings." On June 18, 2012, Sprint filed a request that the Commission determine that no waiver or suspension is needed from ARSD Sections 20:10:29:10; 20:10:29:12, and 20:10:29:16 for a CLEC that caps its rates at the RBOC rate under ARSD 20:10:27:02.01. Alternatively, Sprint requested intervention for the purpose of requesting such a waiver or suspension should the Commission determine that a waiver or suspension from such sections is required. On June 19, 2012, the Commission granted intervention to Midcontinent, AT&T, and Sprint and granted the waiver of the aforementioned rules to OrbitCom, Inc., Knology of the Plains, Inc., Knology of the Black Hills, LLC, Midcontinent Communications and AT&T.
TODAY, shall the Commission suspend or waive the requirements identified in ARSD 20:10:29:10, 20:10:29:12, and 20:10:29:16 as requested by Sprint?
On May 31, 2012, the Commission received a filing from Sprint Communications Company L.P. (Sprint). This filing makes revisions to Sprint's Access Service Tariff No. 3 to reduce rates for Terminating Switched Access based on the Federal Communications Commission's Report and Order and Further Notice of Proposed Rulemaking in WC Docket Nos. 10-90, etc., FCC 11-161, released November 18, 2011. Although the Report and Order requires carriers to reduce rates by 50 percent of the differential between the carrier's interstate and intrastate rates, Sprint proposed to reduce its terminating rates to parity with its interstate access rates effective July 1, 2012. On June 18, 2012, the Commission received tariff revisions to bring originating rates to parity with Qwest.
TODAY, shall the Commission approve the requested tariff changes?
On June 1, 2012, the Commission received a filing from Knology Community Telephone, Inc. (Knology). This filing makes revisions, with a requested effective date of July 1, 2012, to Knology's Access Service Tariff No. 1 to reflect rate reductions and the addition of terminating rates in accordance with the FCC's Order on Intercarrier Compensation Reform.
TODAY, shall the Commission approve the proposed tariff changes?
On June 1, 2012, the Commission received a filing from Knology of the Plains, Inc. (Knology). This filing makes revisions, with a requested effective date of July 1, 2012, to Knology's Access Service Tariff No. 1 to reflect rate reductions and the addition of terminating rates in accordance with the FCC's Order on Intercarrier Compensation Reform.
TODAY, shall the Commission approve the proposed tariff changes?
On June 4, 2012, the Commission received a filing from Fort Randall Telephone Company (Fort Randall). This filing makes revisions, with a requested effective date of July 1, 2012, to Fort Randall's Access Service Tariff to implement the Federal Communications Commission's Intercarrier Compensation Reform Order, FCC 11-161.
TODAY, shall the Commission approve the proposed tariff changes?
On June 7, 2012, the Commission received a filing from MCImetro Access Transmission Services LLC dba Verizon Access Transmission Services (Verizon Access). With this filing, Verizon Access is reducing its Direct Connect and Tandem Connect terminating rate elements to comply with the Federal Communications Commission's Report and Order and Further Notice of Proposed Rulemaking in WC Docket Nos. 10-90, etc., FCC 11-161 USF/ICC Order, released November 18, 2011. In addition, Verizon Access makes the following revisions to its Access Service Tariff No. 2 associated with these rate reductions to conform the structure of the tariff to the structure of its interstate tariff: 1) changes to the rate category description for Direct Connect and elimination of the Tandem Overflow rate; 2) changes to the rate category description for Tandem Connect and separation of the Tandem Connect rate element into Tandem Connect with switching and without switching; and 3) other textual revisions. The effective date of this tariff filing is July 1, 2012
TODAY, shall the Commission approve the proposed tariff changes?
On June 11, 2012, the Commission received a filing from XO Communications Services, Inc. (XO). This filing is being made in compliance with the FCC Report and Order 11-161. At this time, XO is not providing intrastate switched access service in South Dakota and does not have interstate South Dakota switched access rates on file in its FCC Access Tariff, FCC No. 1. As a result, XO is decreasing its intrastate switched access rates by 50 percent in order to comply with FCC Report and Order, FCC 11-161. The effective date of this tariff filing is July 3, 2012
TODAY, shall the Commission approve the proposed tariff changes?
On June 12, 2012, the Commission received a filing from Qwest Corporation dba CenturyLink QC (Qwest). This filing proposes to modify tariff language for the Identification and Rating of VoIP-PSTN Traffic to be in compliance with the Federal Communications Commission's April 25, 2012, Second Order of Reconsideration in WC Docket No. 10-90, etc., FCC Release No. 12-47. Qwest requests an effective date of July 13, 2012.
TODAY, shall the Commission approve the proposed tariff changes?
On June 12, 2012, the Commission received a filing from Knology of the Black Hills, LLC (Knology). The tariff revision reflects the reductions within rates and an addition of certain terminating rates in accordance with the FCC's Order on Intercarrier Compensation Reform. Knology requests an effective date of July 1, 2012.
TODAY, shall the Commission approve the proposed tariff changes?
On June 13, 2012, the Commission received a filing from Sprint Communications Company L.P. (Sprint) for its Access Service Tariff No. 3. The tariff revision is to add clarifying language regarding the Rating of Toll VoIP-PSTN Traffic and to add Percent VoIP Usage (PVU) factor language. Pursuant to the Federal Communications Commission's Second Order on Reconsideration in WC Docket No. 10-90, etc., FCC 12-47, published in the Federal Registry on May 29, 2012, and to be effective July 13, 2012, Sprint is transitioning to originating and terminating access rates for intrastate Toll VoIP-PSTN Traffic. The Originating rate will be equal to intrastate originating access charges while the Terminating rate will be equal to the interstate rate unless the intrastate rate is lower. Sprint requests an effective date of July 13, 2012. On June 19, 2012, the Commission received tariff revisions to bring originating rates to parity with Qwest. On June 20, 2012, the Commission received revisions to section 14.3, per data request response.
TODAY, shall the Commission approve the proposed tariff changes?
Items for Commission Discussion
Announcements
- Commissioners and staff will attend the 2012 Governor's Ag Development Summit on Wednesday, June 27, 2012, at the Ramkota, Pierre, S.D.
- The PUC will hold a news conference on Wednesday, June 27, 2012, at 10 a.m. CDT, in Lake Sharpe A at the Ramkota, Pierre, S.D. The agenda is to discuss recommendations for legislative changes to grain buyer statutes.
- The PUC offices will be closed Wednesday, July 4, 2012, in observance of Independence Day.
- The next regularly scheduled commission meeting will be held Tuesday, July 17, 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 MidAmerican Energy Co. on Tuesday, July 17, 2012, at 2 p.m. CDT, in Room 413 at the State Capitol Building, Pierre, S.D. The agenda is to discuss natural gas hedging and review hedging activities related to the electric energy cost adjustment.
- Commission meetings are scheduled for July 31 and Aug. 14, 2012.
/S/ Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
June 26, 2012
