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South Dakota Public Utilities Commission Meeting
August 14, 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, August 13, 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 July 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 April 30, 2012, the Commission received a petition from Northern States Power Company dba Xcel Energy (Xcel) for approval of its 2011-2012 transmission cost recovery (TCR) project eligibility and rate adjustment. This petition is intended to replace the Company's petition filed in Docket EL10-014. Xcel is resubmitting its TCR petition as a 2011-2012 consolidated filing because of cost allocation issues pertaining to regional transmission projects. On August 7, 2012, Xcel and Staff jointly filed a Joint Motion for Approval of Settlement Stipulation, the Settlement Stipulation, and attachments.
TODAY, shall the Commission grant the Joint Motion for Approval of the Settlement Stipulation and approve the rates, terms and conditions stipulated therein?
On May 25, 2012, the South Dakota Public Utilities Commission received a filing from NorthWestern Energy regarding its Declaratory Ruling regarding the Electric Service Territory Boundary between NorthWestern Energy and Codington-Clark Electric Cooperative, Inc.
TODAY, how shall the Commission rule on the location of the territory division shared by NorthWestern Energy and Codington-Clark Electric Cooperative for the subject location?
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?
Pipeline Safety
On March 23, 2012, the Pipeline Safety Staff requested a $750.00 penalty be assessed against Northern States Power Company dba Xcel Energy due to noncompliance regarding results of a Drug and Alcohol Plan inspection conducted on December 12-14 and 21, 2011, and March 2 and 5-7, 2012. The inspection revealed a violation of 49 CFR §199.105(c). Specifically, Xcel Energy excluded DOT covered gas only employees from random annual drug testing. On August 8, 2012, Pipeline Safety Staff filed its recommendation regarding Xcel Energy's Anti-Drug and Alcohol Mis-use Prevention Plan.
TODAY, shall the Commission adopt Staff's Recommendation?
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in DocketsTC12-041, TC12-062, TC12-077, TC12-081 and TC12-082
On May 22, 2012, the Commission received an application from Kennebec Telephone Company, 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 Midcontinent Communications 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 Jefferson 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 31, 2012, the Commission received an application from James Valley 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 31, 2012, the Commission received an application from James Valley Wireless, LLC 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 June 22, 2012, the Commission received a filing from Verizon Access Transmission Services (Verizon Access) for approval for its Tariff No. 2. The revised tariff pages in this filing reflect Verizon Access' implementation of the intercarrier compensation regime for certain VoIP-PSTN traffic, as modified by the FCC's Second Reconsideration Order (“Reconsideration Order”), released on April 25, 2012. In accordance with the effective date of that decision, the tariff revisions will take effect July 13, 2012.
TODAY, shall the Commission approve the proposed tariff revisions?
On June 27, 2012, the Commission received a filing from Sage Telecom, Inc. (Sage) for approval of revision to its Access Service Tariff No. 3. This filing is mandated by the Federal Communication Commission's November 18, 2011, Report and Order and Further Notice of Proposed Rulemaking in WC Docket Nos. 10-90, etc. (FCC 11-161). Sage requests an effective date for this revision of July 1, 2012.
TODAY, shall the Commission approve the requested tariff changes?
On June 29, 2012, the Commission received a filing from Ionex Communications North, Inc. dba Birch Communications for approval of its revision to its tariff No. 6. This filing reduces terminating switched access rates in compliance with 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). The Company respectfully requests an effective date of July 3, 2012. On July 25, 2012, the Commission received 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 12, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC VoIP Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and XO Communications Services, LLC.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
On July 17, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC VoIP Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Bandwidth.com CLEC, LLC.
Today, shall the Commission approve the amendment to the interconnection agreement?
Items for Commission Discussion
Announcements
1. 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.
2. 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.
3. PUC Commissioners will attend a dedication ceremony for Deer Creek Station on Thursday, August 16, 2012, at the plant site near White, S.D.
4. PUC Commissioners and staff will attend the South Dakota Telecommunications Association annual meeting, August 20-21, 2012, at The Lodge, Deadwood, S.D.
5. The next regularly scheduled commission meeting will be held Tuesday, August 28, 2012, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.
6. PUC Commissioners and staff will meet with consumers at the South Dakota State Fair, August 30 – September 3, 2012, at the South Dakota State Fairgrounds, Huron, S.D.
7. The PUC offices will be closed Monday, September 3, 2012, in observance of Labor Day.
8. Commission meetings are scheduled for September 11 and 25, 2012.
/S/Cindy Kemnitz
Cindy Kemnitz
Finance Manager puc@state.sd.us
August 8, 2012
