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South Dakota Public Utilities Commission
July 31, 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 30, 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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AGENDA OF COMMISSION MEETING
Administration
1. Approval of the Minutes of the Commission Meetings Held on June 19, 2012, and July 3, 2012, and the Ad Hoc Commission Meeting Held on June 26, 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 June 20, 2012, the South Dakota Public Utilities Commission (Commission) received a filing from Montana-Dakota Utilities Co. (MDU) for approval to revise its Occasional Power Purchase Non-Time Differentiated Rate 95, Short-Term Power Purchase Time Differentiated Rate 96, and Long-Term Power Purchase Time Differentiated Rate 97 tariffs. The filing is made in compliance with the Commission's Order in F-3365 and in accordance with the Special Terms and Conditions of these tariffs, which state that the rate schedules will be reviewed annually and revised when necessary.
TODAY, shall the Commission approve the proposed tariff revisions?
Gas and Electric
On June 29, 2012, the South Dakota Public Utilities Commission received a filing from Montana-Dakota Utilities Co. (MDU) for approval of tariff revisions. The filing proposes to update MDU's standard bill form for gas and electric bills. The filing also proposes to revise MDU's Optional Seasonal General Gas Service Rate 72 by modifying the implementation date of seasonal gas cost changes. MDU is requesting approval by August 1, 2012. On July 3, 2012, MDU filed revised tariff sheets.
TODAY, shall the Commission approve the prosed tariff revisions?
Natural Gas
On June 27, 2012, the Commission received a filing by NorthWestern Corporation dba NorthWestern Energy for approval of an Amendment to a Contract with Deviations with Associated Milk Producers, Inc. (AMPI). Currently, NorthWestern Energy provides sales service to AMPI with a deviation from the tariffed rate to recover specific pipeline costs. AMPI has contracted for gas supply with a third party and now requests to be served transportation service in lieu of sales service. The proposed amendment will facilitate this request.
TODAY, shall the Commission approve the proposed contract with deviation amendment and associated tariff revisions?
Pipeline Safety
On July 9, 2012, the Pipeline Safety Staff filed a letter requesting approval of the revised pipeline penalty worksheet. The worksheet was modified pursuant to Commission discussion and operator input.
TODAY, shall the Commission approve the pipeline penalty worksheet?
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC12-042, TC12-052, TC12-059, TC12-060, TC12-068, TC12-069, and TC12-075
On May 22, 2012, the Commission received an application from West River 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 2013.
On May 25, 2012, the Commission received an application from Farmers Mutual 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 2013.
On May 29, 2012, 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 2013.
On May 29, 2012, 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 2013.
On May 30, 2012, the Commission received an application from RT 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 2013. On July 12, 2012, RT Communications filed its revised Supplemental Exhibit A and its responses to staff's data request.
On May 30, 2012, the Commission received an application from Alliance Communications Cooperative, 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 2013.
On May 30, 2012, 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 2013.
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?
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. On July 3, 2012, the Commission approved the tariff revisions except for Original Page 17-4.5.
TODAY, shall the Commission approve the revisions to the Access Services Tariff No. 1, Original Page 17-4.5?
On May 25, 2012, the Commission received a filing from OrbitCom, Inc. This filing makes revisions to OrbitCom, Inc.'s Access Services Tariff No. 2 to decrease its terminating access charges to comply with the FCC's CAF Order. It is also changing its originating VolP rate to comply with the FCC's April 25, 2012, Second Order on Reconsideration. On July 12 and 16, 2012, OrbitCom filed responses to staff's data request. At its July 19, 2012, meeting this matter was deferred.
TODAY, shall the Commission approve the proposed tariff revisions?
On June 11, 2012, the Commission received a filing from Northern Valley Communications, LLC (Northern Valley). With this filing, Northern Valley revised tariff pages to its Intrastate Switched Access Services Tariff No. 1 in order to implement the Federal Communications Commission's (FCC), November 18, 2011, Intercarrier Compensation Reform Order.
TODAY, shall the Commission approve the tariff revisions? OR how shall the Commission proceed?
On June 28, 2012, the Commission received a filing from Ymax Communications Corp. (Ymax) for approval of revisions to its Tariff No. 2. This filing makes revisions to incorporate the requirements of the Federal Communications Commission's Report and Order in WC Docket No. 10-90, et al., FCC No. 11-161 (released November 18, 2011) regarding the treatment of Toll VoIP-PSTN traffic. Additionally, this filing revises the intrastate access rates in compliance with the FCC's ICC Reform Order to mirror the Company's interstate access rates. Ymax respectfully requests an effective date for this filing of July 1, 2012. On July 11, 2012, AT&T Communications of the Midwest Inc., filed a Petition to Intervene and request to suspend tariff and investigate. On July 23, 2012, staff filed a request with the Commission to suspend the tariff for 120 days effective July 1, 2012.
TODAY, shall the Commission grant intervention to any party that has filed? AND, shall the Commission suspend the tariff for 120 days?
On June 29, 2012, the Commission received a filing from BullsEye Telecom, Inc. (BullsEye) for approval of its revision to its Tariff No. 2. This filing reduces switched access rates in compliance with the requirements of the Federal Communications Commission Report and Order in WC Docket No. 10-90, et al., FCC No. 11-161 (released November 18, 2011). BullsEye respectfully requests an effective date of July 3, 2012. On July 18, 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 grant the waivers and approve the requested tariff changes?
On July 2, 2012, the Commission received a filing from 360networks (USA) inc. (360) for approval of revisions to its switched exchange access tariff, South Dakota P.S.C. Tariff No. 1. This filing complies with 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 11-161, by electing to transition all of its terminating intrastate access rates to mirror existing terminating interstate switched exchange access rates as set forth in 360's F.C.C. Tariff No. 1. Pursuant to the FCC's June 5, 2012, Clarification Order, DA 12-870, a July 3, 2012, effective date is requested for this filing. On July 18, 2012, 360 filed revised tariff pages.
TODAY shall the Commission approve the proposed tariff revisions?
On July 5, 2012, FiberComm, L.C. (FiberComm) requested approval of revisions to its Tariff No. 2 to implement the Federal Communications Commission's Intercarrier Compensation Reform Order, FCC 11-161. The Order capped intrastate rates at December 29, 2011, levels and began a nine-year transition to bill-and-keep for terminating access rates. FiberComm has elected to begin mirroring its interstate rates and rate structure with the addition of a transitional rate. FiberComm also requested a waiver of §§ 20:10:29:10, 20:10:29:12 and 20:10:29:16 for the provisions that state “the per minute charge is equal for both originating and terminating traffic”. FiberComm requests a July 3, 2012, effective date. On July 19, 2012, the Commission received tariff revisions.
TODAY, shall the Commission grant the waivers and approve the requested tariff changes?
On July 10, 2012, McLeodUSA Telecommunications Services, L.L.C. dba PAETEC Business Services (PAETEC) requested approval of revisions to its South Dakota Access Tariff No. 3. In this filing, PAETEC is reducing intrastate terminating switched access rates to the interstate terminating switched access level to comply with the Federal Communications Commission's Report and Order in WC Docket Nos. 10-90, et al., FCC Release No. 11-161 (November 18, 2011). PAETEC is requesting an effective date of July 3, 2012.
TODAY, shall the Commission approve the proposed tariff revisions?
On July 11, 2012, BullsEye Telecom, Inc. (BullsEye) requested approval of revisions to its South Dakota Access Tariff No. 2. In this filing, the company makes revisions to incorporate the requirements of the Federal Communications Commission's Report and Order in WC Docket No. 10-90, et al., FCC No. 11-161 (released November 18, 2011) and Second Order On Reconsideration, FCC 12-47 (released April 25, 2012) regarding the treatment of VoIP-PSTN traffic. The Company respectfully requests an effective date for this filing of July 13, 2012. On July 18, 2012, the Commission received tariff revisions.
TODAY, shall the Commission approve the requested tariff changes?
Items for Commission Discussion
Announcements
- PUC Commissioners will attend the DOE/Western Joint Outreach Team Stakeholder Workshop and Listening Session on Thursday, August 2, 2012, at the Holiday Inn City Center, Sioux Falls, S.D.
- PUC Commissioners and staff will meet with consumers at the Sioux Empire Fair, August 7-12, 2012, at the W.H. Lyons Fairgrounds, Sioux Falls, S.D.
- The next regularly scheduled commission meeting will be held Tuesday, August 14, 2012, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.
- PUC Commissioners and staff will meet with consumers at the Brown County Fair, August 14-19, 2012, at the Brown County Fairgrounds, Aberdeen, S.D.
- Commissioners will attend a dedication ceremony for Deer Creek Station on Thursday, August 16, 2012, at the plant site near White, S.D.
- Commission meetings are scheduled for August 28 and September 11, 2012.
/S/ Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
July 25, 2012
