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South Dakota Public Utilities Commission Meeting
August 27, 2013, at 2:00 P.M. CDT – Note 9:30 A.M. start time for Docket TC10-026
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 Ad Hoc Commission Meeting Held on August 12, 2013, and the Commission Meeting Held on August 13, 2013 (Staff: Joy Lashley)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
TC10-026 will be heard at 9:30 a.m. CDT.
On May 4, 2010, the Commission received a complaint from Sprint Communications Company, LP (Sprint) against Native American Telecom, LLC (NAT), in which Sprint seeks: 1) a determination that the Public Utilities Commission (Commission) has the sole authority to regulate Sprint's intrastate interexchange services and that NAT lacks authority to bill Sprint for switched access services without a Certificate of Authority and valid tariff on file with the Commission; 2) a declaration that because the Commission has the sole authority over Sprint's intrastate interexchange services, the Crow Creek Sioux Tribe Utility Authority is without jurisdiction over Sprint; 3) a determination that NAT must repay Sprint the amounts it inadvertently paid NAT for unauthorized and illegal switched access charges. On June 1, 2010, NAT filed a Motion to Dismiss. On April 23, 2012, NAT filed a Motion to Dismiss Based on Mootness. On December 11, 2012, Sprint filed a Motion for Summary Judgment. On July 23, 2013, Sprint filed its Statement Regarding Ripeness of Pending Motions for Deliberation and Decision. On July 25, 2013, NAT filed a Motion To Re-Open Discovery and Stay Sprint's Motion For Summary Judgment Due To New Information That Has Recently Come To Light.
TODAY, shall the Commission grant NAT's Motion To Re-Open Discovery and Stay Sprint's Motion For Summary Judgment Due To New Information That Has Recently Come To Light? Shall the Commission grant NAT's Motion to Dismiss? Shall the Commission grant NAT's Motion to Dismiss for Mootness? Shall the Commission grant Sprint's Motion for Summary Judgment?
On April 1, 2013, Network Communications International Corp aka 1800Call4Less (NCIC or Company) submitted a filing requesting its certificate of authority be amended to include prepaid services. NCIC also notified the Commission that the Company no longer utilizes the fictitious name “1800Call4Less” and requests that the amended certificate reflect that change. On July 18, 2013, the Commission received an original Indemnity Bond in the amount of $25,000 from the Company. Previously, on February 29, 2000, NCIC was granted a certificate of authority subject to a $25,000 surety bond (TC99-090). On August 3, 2000, NCIC submitted a petition to withdraw debit cards from its service offerings and requested an amended certificate of authority subject to the condition that NCIC not offer prepaid calling cards or require deposits or advance payments without prior approval of the Commission. On November 2, 2000, the Commission granted NCIC its request thereby removing the condition of requiring an indemnity bond (TC00-142).
TODAY, shall the Commission grant NCIC's request to amend its certificate of authority to require a $25,000 indemnity bond?
On May 8, 2013, the Commission received a filing from OrbitCom, Inc. (OrbitCom). 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. OrbitCom seeks an effective date of July 1, 2013. On June 10, June 27 and July 30, 2013, OrbitCom filed its responses to Staff's data requests.
TODAY, shall the Commission approve the requested tariff revisions?
On May 29, 2013, the Commission received a filing from Knology of the Black Hills, LLC (Knology). This filing proposes to modify its switched exchange access tariff, Tariff No. 1, 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. Knology seeks an effective date of July 2, 2013. On June 4, July 8, and August 6, 2013 Knology filed its responses to Staff's data request.
TODAY, shall the Commission approve the requested tariff revisions?
On June 27, 2013, the Commission received a filing from Neutral Tandem-South Dakota, LLC. This filing implements the Federal Communications Commission's second phase of the intercarrier compensation restructuring, WC Docket No. 07-135 et al., mirroring interstate access rates and rate structures. The Company requests an effective date for this filing of July 1, 2013. On July 10 and August 14, 2013, the Company filed its responses to staff's data requests.
TODAY, shall the Commission grant the requested tariff revisions?
On June 28, 2013, the Commission received a filing from Ionex Communications North, Inc. dba Birch Communications for approval of revisions to its Access Services Tariff No. 6. The purpose of the filing is to comply with the second phase of the FCC ICC Reform Order, FCC 11-161, issued November 18, 2011. More specifically, Birch Communications revises its terminating intrastate access rates to mirror the rates set forth in its interstate tariff. The Company respectfully requests an effective date of July 1, 2013, for the revisions. On August 16, 2013, Birch Communications filed its response to staff's data request.
TODAY, shall the Commission approve the requested tariff revisions?
Items for Commission Discussion
Announcements
- 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, Joe Foss Building, 523 E. Capitol Ave., 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.
- PUC Commissioners and staff will meet with representatives of MidAmerican Energy Co. on Wednesday, September 4, 2013, at 2 p.m. CDT, in Room 412 at the State Capitol Building, Pierre, S.D. The agenda is to discuss natural gas hedging and review hedging activities related to the electric energy cost adjustment.
- PUC Commissioners will meet with representatives of Midcontinent Communications on Thursday, September 5, 2013, at 1 p.m. CDT, at Midcontinent's office, 3901 N. Louise Ave., Sioux Falls, S.D. The agenda is to discuss a company update. A tour of Midcontinent's Sioux Falls operations center will follow the meeting. Security clearance is required to tour the facility.
- The next regularly scheduled commission meeting will be Tuesday, September 10, 2013, at 9:30 a.m. CDT in Room 413 at the State Capitol Building, Pierre, S.D.
- A hearing will be held in Docket PS13-002 on Tuesday, September 10, 2013, at 1:30 p.m. CDT in Room 413 of the State Capitol Building, Pierre, S.D.
- A hearing will be held in Docket EL12-062 on September 16-20, 2013. The hearing begins at 1 p.m. CDT September 16 and 8:30 a.m. CDT each following day. The hearing will be held in Room 414 of the State Capitol Building, Pierre, S.D. on September 16, 18, 19 and 20; and in Room 413 on September 17.
- Commission meetings are scheduled for September 24 and October 7, 2013.
/S/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
August 20, 2013
