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South Dakota Public Utilities Commission Meeting
July 11, 2013, at 1:30 P.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
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 2, 2013 (Staff: Joy Lashley)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
On January 26, 2011, the Commission received an application from Black Hills Power, Inc. (BHP) requesting the Commission approve new energy efficiency programs, tariff revisions, and a cost recovery mechanism. BHP proposed to implement a new three-year Energy Efficiency Solutions Plan that expands on the company's current energy efficiency efforts. On July 7, 2013, the Commission issued an Order Approving Energy Efficiency Partnership Plan. On April 12, 2012, the Commission issued an Order Granting Waiver granting BHP a waiver of the requirement to file an annual report and update to its Energy Efficiency Solutions Adjustment until April 30, 2013, due to the abbreviated period in 2012. On May 1, 2013, BHP filed a letter regarding the Annual Report of its Energy Efficiency Solutions Program. On June 7, 2013, BHP filed an Application for Adjustment in Rates and associated tariff sheet.
TODAY, shall the Commission approve BHP's request for adjustment in rates and associated tariff change?
On March 27, 2012, the Commission received an application by NorthWestern Corporation dba NorthWestern Energy for approval to revise its Rate No. 73 – Small Qualifying Facility Rider (Occasional delivery energy service) and Rate No. 74 – Small Qualifying Facility Rider (Time of delivery energy service) tariff rates to reflect prices based on projected 2012 data. NorthWestern filed an updated application on June 18, 2013, to reflect a revised method of avoided cost calculation. The Company has requested an effective date of August 1, 2013, for the proposed modifications to the rate schedules.
TODAY, shall the Commission approve the tariff revisions?
On April 30, 2013, the Commission received a request from Otter Tail Power Company (Otter Tail) for approval of its updated Customer Information Brochure, pursuant to ARSD 20:10:16:02. On June 3, 2013, Otter Tail filed a revised brochure. The matter came before the Commission on June 18, 2013, at which time the Commission voted unanimously to approve the brochure with the condition that Otter Tail amend certain language related to the early payment list required payment date. One June 28, 2013, the Otter Tail filed an Application for Reconsideration of the June 18, 2013, Decision, as well as a revised tariff page.
TODAY, shall the Commission reconsider its June 18, 2013 Order? AND shall the Commission approve Otter Tail's Customer Information Brochure with the revised language proposed by Otter Tail and the revised tariff page? OR how shall the Commission proceed?
4. EL13-022 In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between FEM Electric Association, Inc. and NorthWestern Corporation dba NorthWestern Energy (Staff Analyst: Matthew Tysdal; Staff Attorney: Karen Cremer)
On June 13, 2013, Commission Staff filed an Electric Service Territory Boundary Agreement between FEM Electric Association, Inc. and NorthWestern Corporation dba NorthWestern Energy. 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?
On June 18, 2013, the 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?
Telecommunications
On April 24, 2013, the Commission received a filing from Sage Telecom Communications, LLC and Sage Telecom, Inc. for approval of transfer of Certificates of Authority for Local Exchange and Interexchange services. Pursuant to §49-31-3 of the South Dakota Codified Laws and ARSD 20:10:24:02 and ARSD 20:10:32:03, request approval or such other authority as may be necessary or required for the Applicants to complete certain pro forma intracompany transactions that, with respect to the applicants' business in South Dakota, will result in assets (Including the South Dakota certificates) of Sage Telecom, Inc., moving to Sage Telecom Communications, LLC. (the "Pro Forma Transaction"). Applicants also seek a waiver of ARSD 20:10:24:02(9) and 20:10:32:03(12).
TODAY, shall the Commission approve the requests for waivers to ARSD 20:10:24:02(9) and ARSD 20:10:32:03(12)? AND approve the transfer of Certificates of Authority subject to rural safeguards?
On May 13, 2013, the Commission received a filing from Granite Telecommunications, LLC (Granite). This filing proposes to modify its switched exchange access tariff, South Dakota P.U.C. Tariff No. 3, to comply with the July 1, 2013, interstate access rate benchmarking requirement set forth in Section 51.911 of the Federal Communications Commission's (FCC) rules promulgated under the FCC's November 18, 2011, Report and Order and Further Notice of Proposed Rulemaking, in WC Docket No. 10-90, et al., FCC 11-161, by reducing its intrastate switched exchange access rate to below the rate of the Incumbent Local Exchange Carrier. Granite seeks and effective date of July 1, 2013. On May 20 and June 11, 2013, Granite filed its responses to Staff's data requests.
TODAY, shall the Commission approve the requested tariff revisions?
On May 20, 2013, the Commission received from Knology Community Telephone, Inc. (Knology) the following tariff changes with an effective date of July 2, 2013: Check Sheet Second Revised Page 1 and Section 4 Second Revised Page 1. Specifically, the tariff revisions reflect changes to terminating rates. These changes bring Knology's intrastate rates to parity with the current NECA Interstate Rates as of July 2, 2013.
TODAY, shall the Commission approve the proposed tariff changes?
On May 30, 2013, the Commission received a filing from dishNET Wireline L.L.C., (dishNet). With this filing, dishNET complies with the July 1, 2013, interstate access rate benchmarking requirement set forth in Section 51.911 of the Federal Communications Commission's (FCC) rules promulgated under the FCC's November 18, 2011, Report and Order and Further Notice of Proposed Rulemaking, in WC Docket No. 10-90, et al., FCC 11-161, by reducing its intrastate switched exchange access rate to below the rate of the Incumbent Local Exchange Carrier. dishNet seeks an effective date of July 1, 2013. On June 4, 2013, dishNet filed a revised tariff page. On June 5, 2013, dishNet filed its responses to Staff's data request.
TODAY, shall the Commission approve the requested tariff revisions?
On May 31, 2013, the Commission received a filing from Midcontinent Communications (Midcontinent) for changes to its Access Services Tariff. This filing complies with the July 1, 2013 interstate access rate benchmarking (step down) requirements set forth 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). Midcontinent now sets all of its terminating intrastate switched access rates at parity with the corresponding interstate rates and requests an effective date of July 1, 2013, for the tariff revisions.
TODAY, shall the Commission approve the requested tariff changes?
On June 7, 2013, the Commission received a filing from MCImetro Access Transmission Services LLC d/b/a Verizon Access Transmission Services (Verizon Access) for changes to its Access Services Tariff. This filing complies with the July 1, 2013, interstate access rate benchmarking (step down) requirements set forth 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). Verizon Access now sets the Direct Connect and Tandem Connect terminating intrastate rate elements at parity with the interstate rates. An effective date of July 1, 2013, is requested by Verizon Access for the tariff revisions.
TODAY, shall the Commission approve the requested tariff changes?
On June 14, 2013, the Commission received a filing from Fort Randall Telephone Company (Fort Randall). This filing makes revisions, with a requested effective date of July 2, 2013, to Fort Randall's Access Service Tariff to implement the Federal Communications Commission's Intercarrier Compensation Reform Order, FCC 11-161 setting the intrastate terminating rates in parity with the interstate rates. Fort Randall also requests waivers for ARSD 20:10:29:10, ARSD 20:10:29:12 and ARSD 20:10:29:16.
TODAY, shall the Commission approve request for waivers and approve the proposed tariff changes?
On June 19, 2013, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a wireline interconnection agreement between Qwest Corporation dba CenturyLink QC and 365 Wireless, LLC.
TODAY, shall the Commission approve the interconnection agreement?
On June 19, 2013, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a four-party transit traffic amendment to the interconnection agreement between Qwest Corporation dba CenturyLink QC and 365 Wireless, LLC.
TODAY, shall the Commission approve the amendment to the agreement?
Items for Commission Discussion
Announcements
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Commissioners and staff will meet with representatives of Xcel Energy, Sioux Valley Energy and Southeastern Electric Cooperative Inc. on Tuesday, July 9, 2013, at 6:30 p.m. CDT at Siouxland Library, Ronning Branch, 3100 E. 49th St., Sioux Falls, S.D. The agenda is to discuss the electric providers' recovery efforts related to the April 2013 ice storm that impacted southeastern South Dakota.
- Commissioners and staff will attend the Summer Committee Meetings of the National Association of Regulatory Commissioners July 21-24, 2013, at the Sheraton Denver Downtown Hotel, Denver, Colo.
- The next regularly scheduled commission meeting will be Tuesday, July 30, 2013, at 9:30 a.m. CDT in Room 414 at the State Capitol Building, Pierre, S.D.
- A hearing will be held in Docket RM13-001 on Tuesday, July 30, 2013, at 1:00 p.m. CDT in Room 414 of the State Capitol Building, Pierre, S.D.
- A public input hearing for Docket EL13-020 will be held Wednesday, July 31, 2013, at 6:30 p.m. CDT in Meeting Room 110 A-B, McCrory Gardens Education and Visitors Center, 631 22nd Ave., Brookings, S.D.
- Commission meetings are scheduled for August 13 and 27, 2013.
/S/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
July 5, 2013
