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South Dakota Public Utilities Commission Meeting
November 20, 2012, at 9:30 A.M. CST
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. CST on Monday, November 19, 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 November 6, 2012 (Staff: Joy Irving)

Consumer Reports

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

Gas & Electric

1.     GE12-005     In the Matter of the Filing by MidAmerican Energy Company for the Approval of Energy Efficiency Plan for 2013-2017 (Staff Analyst: Brian Rounds, Staff Attorney: Kristen Edwards)

On July 27, 2012, the Commission received an application from MidAmerican Energy Company (MidAmerican) requesting approval of its 2013-2017 Energy Efficiency Plan. This filing is made pursuant to the Order Approving Extension of Energy Efficiency Plan in EL07-015/GE11-002. On October 10, 2012, MidAmerican filed revised exhibits to correct errors in the administrative costs included in the plan budget. On November 6, 2012, Commission Staff filed a Memorandum containing its findings and recommendations.

     TODAY, shall the Commission approve MidAmerican's 2013-2017 Energy Efficiency Plan?

Telecommunications

1.     TC12-109     In the Matter of the Filing by AT&T Communications of the Midwest, Inc. for Approval of Revisions to its Tariff (Staff Analyst: Chris Daugaard, Staff Attorney: Karen Cremer)

On July 3, 2012, AT&T Communications of the Midwest, Inc. (AT&T) requested approval of tariff revisions, with an August 2, 2012, effective date, to comply with the April 25, 2012, FCC Second Order of Reconsideration.  The Second Order of Reconsideration becomes effective on July 13, 2012. Specifically, on July 13, 2012, the FCC is delaying the interstate rate treatment of originating intrastate interexchange VOIP-PSTN traffic Minutes of Use (MOU) until July 1, 2014. The treatment of terminating VOIP will continue to be billed at interstate rates as stated in the initial order.

     TODAY, shall the Commission approve the requested tariff changes? OR how shall the Commission proceed?

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. On October 23, 2012, the Commission granted intervention to AT&T, gave the Executive Director authority to enter into necessary consulting contracts, and assessed Midstate a filing fee of $100,000 with an initial deposit of $1,000. On October 24, 2012, staff filed a Motion to Dismiss or, in the Alternative, Issue an Order to Comply and an accompanying memorandum in support of its motion.

     TODAY, shall the Commission grant Staff's Motion to Dismiss or, in the Alternative, Issue an Order to Comply?

3.     TC12-158     In the Matter of the Petition of WWC License, LLC dba Verizon Wireless and RCC Minnesota, Inc. dba Verizon Wireless of Relinquishment of its Designation as an Eligible Telecommunications Carrier (Staff Analyst: Chris Daugaard, Staff Attorney: Kristen Edwards)

On September 21, 2012, WWC License LLC dba Verizon Wireless (Verizon Wireless) and RCC Minnesota, Inc., dba Verizon Wireless (Verizon Wireless) filed a petition to relinquish its designation as an Eligible Telecommunications Carrier (ETC) effective December 31, 2012. The filing states Verizon Wireless is relinquishing its ETC designation because its universal service funding will be eliminated at the end of this year under the terms of the Alltel Acquisition Order.

     TODAY, shall the Commission grant relinquishment of ETC designation for WWC License, LLC dba Verizon Wireless and RCC Minnesota, Inc. dba Verizon Wireless? OR how shall the Commission proceed?

4.     TC12-160     In the Matter of the Approval of an Collocation Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and OrbitCom, Inc. (Staff Analyst: Chris Daugaard, Staff Attorney: Kristen Edwards)

On September 26, 2012, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a Collocation Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and OrbitCom, Inc.

     TODAY, shall the Commission approve the amendment to the interconnection agreement? OR how shall the Commission proceed?

5.     TC12-180     In the Matter of the Application of Airespring Inc. for a Certificate of Authority to Provide Local Exchange Services in South Dakota (Staff Analyst: Patrick Steffensen, Staff Attorney: Kristen Edwards)

On October 22, 2012, the Commission received a filing from Airespring, Inc. for a Certificate of Authority to Provide Local Exchange Services in South Dakota. On November 9, 2012, Airespring, Inc. responded to staff's data request.

     TODAY, shall the Commission grant the Certificate of Authority to provide Local Exchange Services to Airespring Inc.?

6.     In the Matter of the Request for approval of Intercarrier Compensation Bill and Keep Amendments to an Interconnection Agreement in Dockets TC12-181 and TC12-183.

     TC12-181     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between Cellco Partnership dba Verizon Wireless; Cellular Inc. Network Corporation dba Verizon Wireless; Cellular, Inc. Financial Corporation dba Verizon Wireless; Midwest Wireless Communications, LLC dba Verizon Wireless; Rural Cellular Corporation dba Verizon Wireless; Verizon Wireless (VAW) LLC dba Verizon Wireless; WWC Holding Co., Inc. dba Verizon Wireless and West River Cooperative Telephone Company (Staff Analyst: Patrick Steffensen, Staff Attorney: Kristen Edwards)

On October 22, 2012, the Commission received a filing pursuant to 47 U.S.C. § 251/252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Transport and Termination Agreement between Cellco Partnership dba Verizon Wireless; Cellular Inc. Network Corporation dba Verizon Wireless; Cellular, Inc. Financial Corporation dba Verizon Wireless; Midwest Wireless Communications, LLC dba Verizon Wireless; Rural Cellular Corporation dba Verizon Wireless; Verizon Wireless (VAW) LLC dba Verizon Wireless; WWC Holding Co., Inc. dba Verizon Wireless and West River Cooperative Telephone Company.

     TC12-183     In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between Cellco Partnership dba Verizon Wireless; Cellular Inc. Network Corporation dba Verizon Wireless; Cellular, Inc. Financial Corporation dba Verizon Wireless; Midwest Wireless Communications, LLC dba Verizon Wireless; Rural Cellular Corporation dba Verizon Wireless; Verizon Wireless (VAW) LLC dba Verizon Wireless; WWC Holding Co., Inc. dba Verizon Wireless and Alliance Communications Cooperative, Inc. (Staff Analyst: Patrick Steffensen, Staff Attorney: Kristen Edwards)

On October 26, 2012, the Commission received a filing pursuant to 47 U.S.C. § 251/252 for approval of the ICC Bill and Keep Amendment to the Reciprocal Transport and Termination Agreement between Cellco Partnership dba Verizon Wireless; Cellular Inc. Network Corporation dba Verizon Wireless; Cellular, Inc. Financial Corporation dba Verizon Wireless; Midwest Wireless Communications, LLC dba Verizon Wireless; Rural Cellular Corporation dba Verizon Wireless; Verizon Wireless (VAW) LLC dba Verizon Wireless; WWC Holding Co., Inc. dba Verizon Wireless and Alliance Communications Cooperative, Inc.

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

7.     TC12-182     In the Matter of the Application of Interstate Telecommunications Cooperative, Inc. for an Amended Certificate of Authority (Staff Analyst: Patrick Steffensen, Staff Attorney: Kristen Edwards)

On October 23, 2012, the Commission received an Application for Approval of Amended Certificates of Authority: 1) an Amendment to the Certificate of Authority of Interstate Telecommunications Cooperative, Inc. (ITC) to permit it to offer local exchange service in the Stockholm-Strandburg service area, and 2) an Amendment to the Certificate of Authority of SSTELECOM, Inc. to permit ITC to operate as the competitive local exchange carrier. These amendments are in connection with the prospective merger of Stockholm-Strandburg Telephone Co. and SSTELECOM, Inc. into ITC. On November 7, 2012, ITC responded to staff's data request and applied for a waiver of A.R.S.D. 20:10:32:03: (6), (7), (8)(c), (10), (13), (14), (15), (18), (19), (20), and (22). On November 9, 2012, ITC responded to staff's second data request. On November 13, 2012, ITC responded to staff's third data request and requested removal of the bond requirements contained in the Order granting SSTELECOM's Certificate of Authority in TC05-223.

     TODAY, shall the Commission grant the waiver of A.R.S.D. 20:10:32:03: (6), (7), (8)(c), (10), (13), (14), (15), (18), (19), (20), and (22)? AND, shall the Commission approve ITC's amended Certificate of Authority? AND, shall the Commission approve SSTELECOM, Inc.'s amended Certificate of Authority and its transfer to ITC? AND, shall the Commission waive SSTELECOM's Surety Indemnity Bond requirement?

Items for Commission Discussion

Announcements

  1. Commissioners will attend the annual meeting of the Sioux Falls Development Foundation, Thursday, November 15, 2012, at 4:30 p.m. CST at the Holiday Inn City Centre, Sioux Falls, S.D.

  2. The PUC offices will be closed Thursday, November 22 and Friday, November 23, 2012, in observance of Thanksgiving.

  3. The next regularly scheduled commission meeting will be Tuesday, December 4, 2012, at 9:30 a.m. CST in Room 414 at the State Capitol Building, Pierre, S.D.

  4. Commissioners and staff will meet with representatives of the South Dakota Electric Utility Companies at Noon CST Thursday, December 6, 2012, at the Associated General Contractors meeting room, Pierre, S.D. The agenda is to discuss company updates.

  5. Commissioners and staff will attend the South Dakota Telecommunications Association/Public Utilities Commission biannual forum December 10-11, 2012, at the Sheraton Sioux Falls Hotel and Conference Center, Sioux Falls, S.D.

  6. Commission meetings are scheduled for December 18, 2012, and January 2, 2013.

 

/S/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
November 14, 2012