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South Dakota Public Utilities Commission Meeting
August 28, 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 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 Commission Meeting Held on July 31, 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 July 18, 2012, the South Dakota Public Utilities Commission received a filing from NorthWestern Corporation, dba NorthWestern Energy (NorthWestern), for approval of a Contract with Deviations. The proposed contract would provide electric service to a new municipal pump with the municipality paying for the cost to extend services to the pump location. Inclusion of these costs would place the charges outside the tariffed rates currently on file with the Commission.
TODAY, shall the Commission approve the Contract with Deviations?
On July 27, 2012, the South Dakota Public Utilities Commission received a petition from Northern States Power Company dba Xcel Energy for approval of a refund to customers participating in its residential Saver's Switch program. The billing error is a result of an oversight in the implementation process of additional amounts to be provided to participating customers according to the rate schedule approved in Commission docket EL09-009.
TODAY, shall the Commission approve the refund?
Telecommunications
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 August 13, 2012, Knology Community Telephone filed a Withdrawal of Intervention. On August 14, 2012, South Dakota Telecommunications Association filed a Withdrawal of Intervention with the Commission.
TODAY, shall the Commission grant the withdrawal of intervener status as requested by the parties? AND, shall the Commission approve the amended Certificate of Authority?
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. On August 15, 2012, LECA filed a revised tariff page 17-4.5.
TODAY, shall the Commission approve the revisions to the Access Services Tariff No. 1, Original Page 17-4.5? OR how shall the Commission proceed?
On May 31, 2012, the Commission received an application from Citizens Telecommunications Company of Minnesota, LLC requesting the Commission grant a waiver of the Commission's ETC filing requirements pursuant to ARSD 20:10:32:56, on the grounds that the reporting requirements in support of ETC certification are unduly burdensome and unnecessary. Citizen's also requests that the Commission 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 Company in 2013.
TODAY, shall the Commission grant the waiver and certify Citizens Telecommunications Company of Minnesota?
4. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC12-044, TC12-045, TC12-046, TC12-050, TC12-057, TC12-061, TC12-067, TC12-071, TC12-074, and TC12-080
On May 24, 2012, the Commission received an application from Knology Community Telephone, 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 24, 2012, the Commission received an application from Knology of the Black Hills, 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.
On May 25, 2012, the Commission received an application from Interstate Telecommunications 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 25, 2012, the Commission received an application from Valley 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 Valley Telecommunications Cooperative Association, 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 Golden West Telecommunications Cooperative, Inc. Study Area Codes: 391640, 391659, 391667, 391677, 391684 and 391686 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 Cheyenne River Sioux Tribe Telephone Authority 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 West River Telecommunications Cooperative (Mobridge) 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 RC Communications, Inc., dba RC Services 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 Northern Valley Communications, L.L.C. 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 21, 2012, the Commission received a filing from Qwest Corporation dba CenturyLink QC (CenturyLink) for approval of an amendment to an Interconnection Agreement between CenturyLink and McLeodUSA Telecommunications Services, Inc. dba PAETEC Business Services dba Windstream Communications for the State of South Dakota.
TODAY, shall the Commission approve the interconnection agreement?
On June 22, 2012, the Commission received a filing from Midstate Telecom, Inc. (Midstate) for approval of revisions to its Access Service Tariff No. 2. This filing is the first step in implementing the “Transitional Intrastate Access Service” reductions 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). Midstate requests an effective date for this revision of July 1, 2012. On July 10, 2012, Midstate requested a waiver of ARSD 20:10:29:10; 20:10:29:12, and 20:10:29:16. On July 13 and 16, 2012, Midstate filed revised tariff pages.
TODAY, shall the Commission approve the requested tariff changes? AND shall the Commission grant the requested waiver? 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. At its regularly scheduled meeting on July 31, 2012, the Commission granted intervention to AT&T and suspended the tariff for 120 days. On August 13, 2012, Commission staff requested that the tariff be suspended an additional 60 days pursuant to SDCL 49-31-12.4(2).
TODAY, shall the Commission grant an additional 60 day extension to the tariff suspension?
On August 7, 2012, Qwest Corporation dba CenturyLink (CenturyLink) filed for a waiver of the utilization threshold requirements outlined in FCC's Number Resource Optimization Orders, FCC 00-429 and FCC 01-362 released in CC Docket No. 99-200, which would allow PA/NeuStar, the Number Pooling Administrator, to open a new NXX Code to provide 1,000 numbers to CenturyLink in the 605 NPA, Sioux Falls Rate Center.
TODAY, shall the Commission approve the request for Waiver of Utilization Threshold Requirements?
Items for Commission Discussion
Announcements
- 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.
- The PUC offices will be closed Monday, September 3, 2012, in observance of Labor Day.
- The next regularly scheduled commission meeting will be Tuesday, September 11, 2012, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.
- Commissioners will attend the South Dakota County Convention, Tuesday, September 18, 2012, at the Sheraton Sioux Falls & Convention Center, Sioux Falls, S.D.
- Commission meetings are scheduled for September 25 and October 9, 2012.
/S/Cindy Kemnitz
Cindy Kemnitz
Finance Manager puc@state.sd.us
August 21, 2012
