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South Dakota Public Utilities Commission Meeting
October 9, 2013, at 1:30 P.M. CDT
Room 414, 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. CDT on Monday, October 8, 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 September 10, 2013, and September 24, 2013, and the Ad Hoc Commission Meeting Held on September 17, 2013 (Staff: Joy Lashley)

Consumer Reports

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

Natural Gas

1.     NG13-005     In the Matter of the Filing by MidAmerican Energy Company for Approval of Continuation of the Incentive Gas Supply Procurement Plan (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

On September 6, 2013, the Commission received a filing from MidAmerican Energy Company (MidAmerican). This filing is for approval of the continuation of the Incentive Gas Supply Procurement Plan (IGSPP). This program was initially approved for a three-year term in 1995 and was again approved to three-year terms with modifications in 1999 and 2002. The plan was then again approved for a five-year term without modifications in 2005. The plan was last approved with modifications in 2010 to a three-year term. This filing proposes to continue the current structure of the (IGSPP), without modifications, for a period of three years beginning November 1, 2013, through October 31, 2016. MidAmerican filed its response to a staff data request on September 16, 2013, and filed a timeline on September 23, 2013. MidAmerican seeks an effective date of November 1, 2013.

     TODAY, shall the Commission approve the continuation of MidAmerican's Incentive Gas Supply Procurement Plan without modification?

Rule Making

1.     RM13-002     In the Matter of the Consideration of Standards to Govern Avoided Cost Determinations (Staff Analyst: Brian Rounds; Staff Attorney: Karen Cremer)

On September 25, 2013, Commission Staff requested the Commission open a rulemaking docket for the purpose of considering, on a statewide basis, the proper standards that should govern avoided cost determinations. Commission Staff requested that comments be filed by December 3, 2013.

     TODAY, shall the Commission open a rulemaking docket?

Telecommunications

1.     TC11-087      In the Matter of the Application of Native American Telecom, LLC for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Karen Cremer)

On October 11, 2011, Native American Telecom, LLC (NAT) filed an application for a certificate of authority to provide local exchange and interexchange service within the study area of Midstate Communications, Inc. NAT stated that it is a tribally-owned full service telecommunications carrier operating on the Crow Creek Sioux Tribe Indian Reservation pursuant to an Order Granting Approval to Provide Telecommunications Service by the Crow Creek Sioux Tribe Crow Creek Utility Authority dated October 28, 2008. NAT seeks to expand its authority to include areas within Midstate's study area off of the Crow Creek reservation. On January 27, 2012, NAT filed a revised Application for Certificate of Authority. In its revised application, NAT stated that it seeks to provide local exchange and interexchange service within the Crow Creek Sioux Tribe Reservation which is within the study area of Midstate. On June 3, 2013, NAT filed an Amended Application for Certificate of Authority. On July 26, 2013, Sprint filed a Third Motion to Compel and memorandum in support of its motion. On August 21, 2013, Sprint filed an Amended Third Motion to Compel and memorandum. On August 23, 2013, NAT filed a Notice of Change in Corporate Structure. On September 20, 2013, NAT filed a Motion for Leave to Take Deposition of Sprint's Expert Randy G. Farrar.

     TODAY, shall the Commission grant NAT's Motion to Take Deposition of Sprint's Expert Randy G. Farrar? AND, shall the Commission grant NAT's Motion for Grant of Temporary Authority, or in the alternative, Expedited Decision?

2.     TC13-107      In the Matter of the Application of Teleport Communications America, LLC for a Certificate of Authority to Provide Local Exchange Services in South Dakota (Staff Analyst: Robin Meyerink; Staff Attorney: Karen Cremer)

On August 26, 2013, the Commission received an application for a Certificate of Authority from Teleport Communications America, LLC (TCAL) to provide local exchange services in the State of South Dakota. TCAL Systems intends to provide wholesale local exchange service to one of its affiliates in the service area of CenturyLink. The applicant is planning to enter into an interconnection agreement with CenturyLink. On September 26, 2013, TCAL requested a waiver of ARSD Section 20:10:32:03(12). On September 30, 2013, TCAL filed its response to staff's data request.

     TODAY, shall the Commission grant the request for a Certificate of Authority to provide local exchange services within the State of South Dakota? AND, shall the Commission grant the Request for Waiver of ARSD 20:10:32:03(12)?

Items for Commission Discussion

Announcements

  1. The PUC offices will be closed Monday, October 14, 2013, in observance of Native American Day.

  2. A public input hearing for Docket EL13-028 will be held Thursday, October 17, 2013, at 12 noon CDT in the Centennial Rooms of the Student Center on the campus of Northern State University, 1200 S. Jay Street, Aberdeen, S.D. Campus guest parking is available in the lot along Washington Street, between 12th Avenue and 14th Avenue. Parking permits are not required. See driving directions at http://www.northern.edu/about/pages/directions.aspx; campus map at http://www.northern.edu/about/PublishingImages/wirelessmap.pdf.

  3. A public input hearing for Docket EL13-028 will be held Thursday, October 17, 2013, at 7:00 p.m. CDT in the Community Room of the Milbank Visitor Center, 1001 E. Fourth Avenue, Milbank, S.D.

  4. The next regularly scheduled commission meeting will be Tuesday, October 22, 2013, at 9:30 a.m. CDT in Room 414 at the State Capitol Building, Pierre, S.D.

  5. A hearing will be held in Docket NG12-008 on October 29-31, 2013, beginning at 9 a.m. CDT on October 29 in Room 414 of the State Capitol Building, Pierre, S.D. The hearing will continue at 8:30 a.m. in Room 413 on October 30 and 31.

  6. Commission meetings are scheduled for November 5 and 22, 2013.

/S/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
October 2, 2013