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South Dakota Public Utilities Commission Meeting
October 23, 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, October 22, 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 Ad Hoc Commission Meeting Held on October 2, 2012, and the Commission Meeting Held on October 9, 2012 (Staff: Joy Irving)

Consumer Reports

1.     Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)

Electric

1.     EL12-056     In the Matter of the Joint Request for Service Rights Exception between Grand Electric Cooperative, Inc. and West River Electric Association, Inc. (Staff Analyst: Matthew Tysdal, Staff Attorney: Kristen Edwards)

On October 9, 2012, Grand Electric Cooperative, Inc. (GEC) submitted for South Dakota Public Utilities Commission approval a Service Territory Exception Agreement between GEC and West River Electric Association, Inc. (WREA). The agreement will allow WREA to provide electric service to the Raymond Howie water well located in GEC's service territory, and if in the future GEC wishes to take over, GEC will have the option to purchase the WREA facilities serving this customer at its depreciated value.

     TODAY, shall the Commission approve the requested service rights exception?

Gas and Electric

1.     GE12-004     In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions (Staff Analysts: Dave Jacobson, Matthew Tysdal, Staff Attorney: Karen Cremer)

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 proposed to update MDU's standard bill form for gas and electric bills. The filing also proposed to revise MDU's Optional Seasonal General Gas Service Rate 72 by modifying the implementation date of seasonal gas cost changes. MDU was requesting approval by August 1, 2012. On July 3, 2012, MDU filed revised tariff sheets. At its July 31, 2012, meeting the Commission approved the requested tariff revisions. On October 10, 2012, MDU filed a request that Docket GE12-004 be reopened so that Gas Tariff sheets Section 6, Original Sheet 4 and Original Sheet 4.1, and Electric Tariff sheet, Section 6, 6th Revised Sheet 5 be reinstated until February 1, 2013. MDU experienced a delay in implementing the new customer bill format and the new format will not be ready for implementation until February 1, 2013. MDU requests that the tariff sheets in effect prior to this docket be reinstated until February 1, 2013, at which time tariff sheets, Gas – Section 6, 1st Revised Sheet 4 and 1st Revised Sheet 4.1, and Electric - 7th Revised Sheet 5 and Original Sheet 5.1, containing the new bill format will take effect.

     TODAY, shall the Commission allow the prior tariffs to be reinstated, on less than 30 days' notice, until February 1, 2013, at which time the tariffs approved on July 31, 2012, will become effective?

Telecommunications

1.     TC12-108     In the Matter of the Filing by Long Lines Metro, LLC for Approval of Revisions to its Tariff No. 3 (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)

On July 2, 2012, the Commission received a filing from Long Lines Metro, LLC (fka CommChoice) (Long Lines) for approval of revisions to switched access tariff, Tariff No. 3. This tariff replaces in its entirety the original tariff of CommChoice, LLC South Dakota switched access Tariff No. 2. This tariff incorporates the name change as well as the necessary implementation of the required Federal Communications Commission (FCC), November 18, 2011, Intercarrier Compensation Reform Order. Long lines requested a waiver of the equal rate element requirements by ARSD 20:10:29:10, 20:10:29:12, and 20:10:29:16.

     TODAY, shall the Commission approve Long Lines' revisions to its Tariff No. 3? AND, shall the Commission grant the requested waivers?

2.     TC12-133     In the Matter of the Petition of Midstate Telecom for Approval of its Cost Based Switched Access Rates and for a Phase-In (Staff Analyst: Patrick Steffensen, Staff Attorney: Karen Cremer)

On September 10, 2012, 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 March 10, 2013, after which the requested rate would go into effect. On September 28, 2012, AT&T Communications of the Midwest, Inc. filed a Petition for Intervention.

     TODAY, shall the Commission assess a filing fee not to exceed $100,000 with an initial deposit of $1,000? AND, shall the Commission give the Executive Director authority to enter into necessary consulting contracts? AND, shall the Commission grant intervention to any parties that have filed?

3.      In the Matter of the Request for approval of Intercarrier Compensation Bill and Keep Amendments to an Interconnection Agreement in Dockets TC12-135, TC12-136, TC12-137, TC12-138, TC12-139, TC12-140, TC12-141, TC12-142, TC12-143, TC12-144, TC12-145, TC12-146, TC12-147, TC12-148, TC12-149, TC12-150, TC12-151, TC12-152, TC12-153, TC12-154, TC12-155, TC12-156, TC12-157, TC12-159.

     TC12-135     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service operating affiliates, dba AT&T Mobility and Interstate Telecommunications Cooperative, Inc. (Staff Attorney: Karen Cremer)

On September 18, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Interstate Telecommunications Cooperative, Inc. and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-136     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service operating affiliates, dba AT&T Mobility and RC Communications, Inc. (Staff Attorney: Karen Cremer)

On September 18, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between RC Communications, Inc. and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-137     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service operating affiliates, dba AT&T Mobility and Roberts County Telephone Cooperative Association (Staff Attorney: Karen Cremer)

On September 18, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Roberts County Telephone Cooperative Association and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-138     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Stockholm-Strandburg Telephone Company (Staff Attorney: Karen Cremer)

On September 18, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Stockholm-Strandburg Telephone Company and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-139     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Valley Telecommunications Cooperative Association, Inc. (Staff Attorney: Karen Cremer)

On September 18, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Valley Telecommunications Cooperative Association, Inc. and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-140     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Western Telephone Company (Staff Attorney: Karen Cremer)

On September 18, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Western Telephone Company and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-141     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Venture Communications Cooperative (Staff Attorney: Karen Cremer)

On September 18, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Venture Communications Cooperative and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-142     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Cheyenne River Sioux Tribe Telephone Authority (Staff Attorney: Karen Cremer)

On September 18, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Cheyenne River Sioux Tribe Telephone Authority and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-143     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Alliance Communications Cooperative, Inc. (Staff Attorney: Karen Cremer)

On September 18, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Alliance Communications Cooperative, Inc. and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-144     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Beresford Municipal Telephone Company (Karen Cremer)

On September 18, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Beresford Municipal Telephone Company and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-145     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Kennebec Telephone Company (Staff Attorney: Karen Cremer)

On September 18, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Kennebec Telephone Company and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-146     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Santel Communications Cooperative (Staff Attorney: Karen Cremer)

On September 18, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Santel Communications Cooperative and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-147     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and TrioTel Communications, Inc. (Staff Attorney: Karen Cremer)

On September 18, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between TrioTel Communications, Inc. and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-148     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and West River Cooperative Telephone Company (Staff Attorney: Karen Cremer)

On September 18, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between West River Cooperative Telephone Company and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-149     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Armour Independent Telephone Company (Staff Attorney: Karen Cremer)

On September 19, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Armour Independent Telephone Company and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-150     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Bridgewater-Canistota Independent Telephone (Staff Attorney: Karen Cremer)

On September 19, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Bridgewater-Canistota Independent Telephone and New Cingular Wireless PCS, LLC, dba AT&T Mobility

     TC12-151     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Golden West Telecommunications Cooperative, Inc. (Staff Attorney: Karen Cremer)

On September 19, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Golden West Telecommunications Cooperative, Inc. and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-152     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Kadoka Telephone Company (Staff Attorney: Karen Cremer)

On September 19, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Kadoka Telephone Company and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-153     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Sioux Valley Telephone Company (Staff Attorney: Karen Cremer)
                                                                         
On September 19, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Sioux Valley Telephone Company and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-154     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Union Telephone Company (Staff Attorney: Karen Cremer)

On September 19, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Union Telephone Company and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-155     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Vivian Telephone Company (Staff Attorney: Karen Cremer)

On September 19, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Interconnection, Transport and Termination Agreement between Vivian Telephone Company and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-156     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and James Valley Cooperative Telephone Company dba James Valley Telecommunications (Staff Attorney: Karen Cremer)

On September 21, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Agreement between  James Valley Cooperative Telephone Company dba James Valley Telecommunications and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-157     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Northern Valley Communications, LLC (Staff Attorney: Karen Cremer)

On September 21, 2012, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of the ICC Bill and Keep Amendment to the Agreement between  Northern Valley Communications, LLC and New Cingular Wireless PCS, LLC, dba AT&T Mobility.

     TC12-159     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Knology Community Telephone, Inc. fka Dakota Cooperative Telecommunications, Inc. (Staff Attorney: Kristen Edwards)

On September 25, 2012, the Commission received a filing pursuant to 47 U.S.C. §§ 251(a) and 251(b)(5) for approval of the Amendment to the Interconnection Agreement between New Cingular Wireless PCS, LLC, and its Commercial Mobile Radio Service Operating Affiliates, dba AT&T Mobility and Knology Community Telephone, Inc. fka Dakota Cooperative Telecommunications, Inc.

      TODAY, shall the Commission approve the amendment to the interconnection agreement for the above dockets?

Items for Commission Discussion

Announcements

  1. The next regularly scheduled commission meeting will be Tuesday, November 6, 2012, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, S.D.

  2. The PUC offices will be closed Monday, November 12, 2012, in observance of Veterans Day.

  3. Commission meetings are scheduled for November 20 and December 4, 2012.

 

/S/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
October 16, 2012