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South Dakota Public Utilities Commission Meeting
August 13, 2013, at 9:30 A.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 30, 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 June 3, 2013, the Commission received an application from Northern States Power Company d/b/a Xcel Energy and Otter Tail Power Company for a permit to construct the southern portion of the Big Stone South to Brookings County Substation 345 kV transmission line in Deuel and Brookings Counties and make modifications to the existing Brookings County Substation. On July 31, 2013, Applications for Party Status were filed by the Brookings County Commission and Basin Electric Power Cooperative. On August 5, 2013, an Application for Party Status dated August 1, 2013, was filed by Dakota Rural Action.
TODAY, shall the Commission grant intervention to any party that may have filed?
2. EL13-025 In the Matter of the Request for a Declaratory Ruling by NorthWestern Corporation dba NorthWestern Energy regarding Approving a Qualifying Facility Power Purchase and Sale Agreement (Staff Analyst: Brian Rounds, Staff Attorney: Karen Cremer)
On July 15, 2013, the Commission received a filing by NorthWestern Corporation dba NorthWestern Energy (NorthWestern). The filing is pursuant to ARSD 20:10:01:34 whereby NorthWestern is petitioning the Commission to issue a declaratory ruling that the price, terms, and conditions of the Power Purchase and Sale Agreement (PPA) comply with the Public Utility Regulatory Policies Act of 1978, as amended (PURPA) and that costs NorthWestern will incur pursuant to the PPA are prudent, efficient, and economical and are reasonable and necessary. NorthWestern requests a ruling be issued as soon as possible so B & H Wind, LLC may commence construction in a timely manner.
TODAY, how shall the Commission rule on the Petition for a Declaratory Ruling? OR how shall the Commission proceed?
On July 15, 2013, Commission Staff filed an Electric Service Territory Boundary Agreement between Montana-Dakota Utilities Company and FEM Electric Association, Inc. This filing is made pursuant to current efforts of the Commission 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?
Pipeline Safety
On June 10, 2013, the Commission received a filing from the City of Crooks requesting a waiver of 49 CFR 192.285(a)(2) and 49 CFR 192.285(c). Those regulations address the qualifications for persons making plastic joints. The City of Crooks operates Crooks Municipal Utilities, which serves approximately 770 customers.
TODAY, shall the Commission grant the requested waivers?
On June 20, 2013, the Commission received a filing from the City of Humboldt requesting a waiver of 49 CFR 192.285(a)(2) and 49 CFR 192.285(c). Those regulations address the qualifications for persons making plastic joints. The City of Humboldt operates Humboldt Municipal Gas Utility, which serves 289 customers in the Humboldt and Hartford, South Dakota, area.
TODAY, shall the Commission grant the requested waivers?
On June 24, 2013, the Commission received a filing from the City of Garretson requesting a waiver of 49 CFR 192.285(a)(2) and 49 CFR 192.285(c). Those regulations address the qualifications for persons making plastic joints. The City of Garretson operates Garretson Natural Gas Utilities, serving 546 customers.
TODAY, shall the Commission grant the requested waivers?
Telecommunications
On August 9, 2012, Level 3 Communications, LLC filed for Commission approval of revisions to its Access Services Tariff No. 3. The purpose of this filing is to comply with the Federal Communications Commission's 2011 Report and Order, FCC 11-161 (in Docket Nos. 07-135, 01-92 et al., released November 18, 2011) directing the filing of tariffs.
TODAY, shall the Commission approve the tariff revisions as requested?
On August 16, 2012, Level 3 Communications, LLC filed for Commission approval of revisions to its Access Services Tariff No. 3. These revisions are being filed to update various terms within the tariff and to allow for the provision of local and tandem connect services.
TODAY, shall the Commission approve the tariff revisions as requested, with an effective date of August 17, 2012?
On April 12, 2013, the Commission received a filing from McLeodUSA Telecommunications Services, Inc. (McLeod). This filing proposes to modify its switched exchange access tariff, Tariff No. 3, to comply with the Federal Communications Commission's (FCC) Intercarrier Compensation Reform Order, the November 18, 2011, Report and Order and Further Notice of Proposed Rulemaking, in WC Docket No. 10-90, et al., FCC 11-161. McLeod seeks an effective date of April 15, 2013. On April 24, May 15, June 18, June 27 and July 2, 2013, McLeod filed its responses to Staff's data requests.
TODAY, shall the Commission approve the requested tariff revisions?
On May 31, 2013, the Commission received a filing from AT&T Corp. for approval of a revision to its Access Services Tariff. The purpose of this filing is to comply with the Federal Communications ICC/USF Transformation Order dated November 18, 2011. An effective date of July 1, 2013, is requested.
TODAY, shall the Commission approve the proposed tariff revisions?
On June 26, 2013, Sancom, Inc. d/b/a Mitchell Telecom (Sancom) filed revised tariff pages to its Intrastate Switched Access Services Tariff No. 1 for Commission approval. The tariff revisions were made in order to implement the Federal Communications Commission's (FCC), November 18, 2011, Intercarrier Compensation Reform Order (FCC 11-161). In accordance with FCC rules found in 47 CFR §51.911, this filing revises the terminating intrastate switched access rates in order to bring terminating intrastate switched access structure to parity with the currently effective interstate terminating switched access rate structure. This revision is a revenue neutral rate filing as the overall terminating intrastate rate per minute will remain the same as currently effective rate due to the current interstate terminating rate being higher than the currently effective intrastate terminating rate per minute. Sancom respectfully requests that the proposed changes become effective July 1, 2013. Sancom also requests the Commission waive ARSD 20:10:27:02.01 because its terminating intrastate rates mirror the National Exchange Carrier Association, Inc. (NECA) terminating rates instead of the RBOC terminating rates as allowed by the FCC's Rural Benchmark exemption found in 47 CFR 61.26(e).
TODAY, shall the Commission approve the requested tariff revisions? AND shall the Commission grant the requested waiver?
On June 27, 2013, the Commission received a filing from Onvoy, Inc. (Onvoy). This filing proposes to modify its switched exchange access tariff, Tariff No. 3, to comply with the Federal Communications Commission's (FCC) Intercarrier Compensation Reform Order, the 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 rates to at or below that of the RBOC. Onvoy seeks an effective date of July 1, 2013. On July 24, 2013, Onvoy filed its response to Staff's data request.
TODAY, shall the Commission approve the requested tariff revisions?
On June 27, 2013, the Commission received a filing from Bullseye Telecom, Inc. (Bullseye). This filing proposes to modify its switched exchange access tariff, Tariff No. 2, to comply with the Federal Communications Commission's (FCC) Intercarrier Compensation Reform Order, the 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 rates to be at or below that of the RBOC. It also revises language to its VoIP-PSTN section. Bullseye seeks an effective date of July 1, 2013. On July 19, 2013, Bullseye filed its response to Staff's data request.
TODAY, shall the Commission approve the requested tariff revisions?
On June 28, 2013, the Commission received a filing from Sage Telecom, Inc. in compliance with the FCC ICC Reform Order, FCC 11-161, issued November 18, 2011; this filing makes the required access rate revisions to mirror the ILEC interstate rates. Sage is not providing access service in the state at this time and has no active customers. The Company respectfully requests an effective date for this filing of July 1, 2013.
TODAY, shall the Commission approve the proposed tariff revisions?
Items for Commission Discussion
Announcements
- Commissioners will meet with representatives of CenturyLink on Wednesday, August 7, 2013, at 2 p.m. CDT at the CenturyLink office, 125 S. Dakota Avenue, 10th Floor, Sioux Falls, S.D. The agenda is to discuss the company's South Dakota broadband plans, a July 2013 service outage and the future evolution of the telecommunications industry.
- An ad hoc commission meeting is scheduled for Monday, August 12, 2013, at 11 a.m. CDT in Room 414 at the State Capitol Building, Pierre, S.D.
- PUC Commissioners and Staff will meet with consumers at the Brown County Fair, August 13-18, 2013, at the Brown County Fairgrounds, Aberdeen, S.D.
- PUC Commissioners and Staff will attend the South Dakota Telecommunications Association Annual Meeting, August 18-20, 2013, at the Ramkota Inn, Pierre, S.D.
- PUC Commissioners and Staff will participate in an Energy Efficiency Utility Workshop, Wednesday, August 21, 2013, beginning at 8:30 a.m. CDT at the Floyd Matthew Training Center, Pierre, S.D.
- The next regularly scheduled commission meeting will be Tuesday, August 27, 2013, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.
- PUC Commissioners and Staff will meet with consumers at the South Dakota State Fair, August 29 – September 2, 2013, at the State Fairgrounds, Huron, S.D.
- The PUC offices will be closed Monday, September 2, 2013, in observance of Labor Day.
- Commission meetings are scheduled for September 10 and 24, 2013.
/S/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
August 6, 2013
