Feb. 14, 2013, Agenda

Public Utilities Commission
Capitol Building, 1st floor
500 E. Capitol Ave.
Pierre, SD 57501-5070
Phone: (605) 773-3201

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South Dakota Public Utilities Commission Meeting
February 12, 2013, at 2:30 P.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, February 11, 2013. 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 Meetings Held on January 15, 2013, and January 30, 2013, and the Ad Hoc Commission Meeting held on January 22, 2013 (Staff: Joy Irving)

Consumer Reports

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

Electric

1. EL12-061 In the Matter of the Application of Black Hills Power, Inc. for Authority to Increase its Electric Rates (Staff Analysts: Jon Thurber, Brittany Mehlhaff, Patrick Steffensen, Staff Attorneys: Karen Cremer, Kristen Edwards)

On December 17, 2012, the Commission received an application by Black Hills Power, Inc. (BHP) for approval to increase rates for electric service to customers in its South Dakota service territory by approximately $13.7 million annually or approximately 9.94% based on BHP's test year ending June 30, 2012. The Company states a typical residential electric customer using 650 kWh per month would see an increase of $7.11 per month. The proposed changes may potentially affect approximately 65,000 customers in BHP's South Dakota service territory. On January 13, 2013, GCC Dacotah, Inc., Pete Lien & Sons, Inc., Rushmore Forest Products, Inc., Spearfish Forest Products, Inc., and Rapid City Regional Hospital (Black Hills Industrial Intervenors) filed a Petition to Intervene. At its regularly scheduled meeting held on January 30, 2013, the Commission granted intervention to Black Hills Industrial Intervenors. On January 28, 2013, Regency Midwest Ventures Limited Partnerships and Deadwood Resort LLC filed a Petition to Intervene. On January 29, 2013, Wal-Mart Stores, Inc. and Sam's West Inc. filed a Petition to Intervene.

TODAY, shall the Commission grant intervention to any parties that may have filed?

2. EL13-001 In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between NorthWestern Corporation dba NorthWestern Energy and West Central Electric Cooperative, Inc. (Staff Analyst: Matt Tysdal, Staff Attorney: Kristen Edwards)

On January 10, 2013, Commission Staff filed an Electric Service Territory Boundary Agreement between NorthWestern Corporation dba NorthWestern Energy and West Central Electric Cooperative, Inc. This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, Commission Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information. Commission Staff asks for approval of the agreement to update official mapping data to properly reflect the service territory boundaries shared by the utilities in this docket.

TODAY, shall the Commission approve the proposed electric service territory boundary agreement?

Telecommunications

1. TC12-111 In the Matter of the Filing by Neutral Tandem-South Dakota, LLC for Approval of Revisions to its Tariff No. 1 (Staff Analyst: David Jacobson, Staff Attorney: Karen Cremer)

On July 9, 2012, Neutral Tandem-South Dakota, LLC (Neutral Tandem) requested approval of revisions to its South Dakota Tariff No. 1. This filing is made pursuant to the Federal Communications Commission Report and Order in WC Docket No. 10-90, etc., FCC No. 11-161 (released November 18, 2011). This filing revises the Company's switched access rates. The Company respectfully requests an effective date for this filing of July 10, 2012.

TODAY, shall the Commission approve the tariff revisions?

2. TC12-191 In the Matter of the Filing for Approval of Transfer of Certificate of Authority from 360networks (USA) Inc. to Zayo Group, LLC (Staff Analyst: David Jacobson, Staff Attorney: Kristen Edwards)

On December 13, 2012, the Commission received a joint application on behalf of Zayo Group, LLC (Zayo) and 360networks (USA) Inc. (360networks) for approval of Transfer of Certificate of Authority. Pursuant to Section 49-31-3 of the South Dakota Codified Laws and Sections 20:10:24:02 and 20:10:32:03 of the Administrative Rules of South Dakota, request approval or such other authority as may be necessary or required for Applicants to complete certain pro forma intra-company transactions that, with respect to Applicants' businesses in South Dakota, will result in the assets (including the South Dakota Certificates) of 360networks moving to Zayo (the "Pro Forma Transactions").

TODAY, shall the Commission approve the transfer of Certificates of Authority?

3. TC13-001 In the Matter of the Application of Nexus Communications, Inc., for Designation as an Eligible Telecommunications Carrier (Staff Analyst: Patrick Steffensen, Staff Attorney: Kristen Edwards)

On January 4, 2013, the Commission received an application by Nexus Communications, Inc. requesting to be designated as a Lifeline-only eligible telecommunications carrier throughout non-rural wire centers pursuant to SDCL §49-31-78 and Section 214(e) of the Federal Communications Act of 1934, as amended, for the limited purpose of receiving federal support for the provision of prepaid wireless Lifeline service to eligible South Dakota residents. Nexus Communications, Inc. also requests a waiver of ARSD 20:10:32:43.02 as they are not seeking high-cost support.

TODAY, shall the Commission grant waiver of ARSD 20:10:32:43.02 and designate Nexus Communications, Inc. an ETC for the Designated Service Area for purposes of receiving federal Lifeline universal service support?

4. TC13-002 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 Midstate Communications, Inc. (Staff Analyst: David Jacobson, Staff Attorney: Kristen Edwards)

On January 7, 2013, 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 Interconnection, 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 Midstate Communications, Inc.