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South Dakota Public Utilities Commission Meeting
October 22, 2013, at 9:30 A.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 21, 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

Consumer Reports

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

Electric

1.     EL13-030     In the Matter of the Filing by Northern States Power Company dba Xcel Energy for Approval of its Revised Rate Sheets for its Occasional Delivery Energy Service and Time of Delivery Energy Service (Staff Analyst: Robin Meyerink; Staff Attorney: Karen Cremer)

On September 6, 2013, the Commission received an application from Northern States Power (Xcel) for approval of revisions to Xcel's tariff rate sheets applicable to cogeneration and small power production services, specifically Occasional Delivery Energy Service and Time of Delivery Energy Service rates. On October 4, 2013, Xcel responded to staff's data requests 1.1 and 1.2.

     TODAY, shall the Commission grant Xcel's application for tariff revisions?
     
Natural Gas

1.     NG13-006     In the Matter of the Filing by NorthWestern Corporation dba NorthWestern Energy for Approval of its Contract with Deviations with Soybean Processors, LLC (Staff Analyst: Eric Paulson; Staff Attorney: Karen Cremer)

On September 18, 2013, the Commission received a filing from NorthWestern Corporation dba NorthWestern Energy (NorthWestern). This filing is for approval for a Contract with Deviations (CWD) with Soybean Processors, LLC and associated tariff revisions and to correct the expiration date listed for the Contract with Deviations with Great Plains Ethanol, LLC - Chancellor. NorthWestern seeks an effective date of the CWD with Soybean Processors, LLC of November 1, 2013, and that the contract be in effect for 10 years ending on October 31, 2023. NorthWestern also seeks to correct the expiration date listed for Great Plains Ethanol, LLC – Chancellor from October 31, 2013 to October 31, 2018 in Section No. 4, Sheet No. 1 of its natural gas tariff. No rates are being changed in the correction relating to Great Plains Ethanol, LLC – Chancellor. On October 10, 2013, NorthWestern filed responses to Staff's data request.

     TODAY, shall the Commission approve NorthWestern Energy's Contract with Deviations with Soybean Processors, LLC and associated tariff revisions? AND, shall the Commission approve the correction to the expiration date for the Contract with Deviations with Great Plains Ethanol, LLC – Chancellor?

Telecommunications

1.     TC12-185     In the Matter of the Filing by Common Point LLC for Approval of its Access Services Tariff No. 1 (Staff Analyst: Eric Paulson; Staff Attorney: Kristen Edwards)

On October 31, 2012, the Commission received a filing from Common Point LLC (Common Point). This filing is for approval of its initial Access Services Tariff No. 1. On November 16, 2012, AT&T was granted intervention. On December 3, 2012, Common Point submitted a Notice of appearance of Counsel. On August 27, 2013, Common Point submitted a revised tariff on August 29, 2013, Common Point responded to Staff's data request by submitting further revised tariff pages. 

     TODAY, shall the Commission approve Common Point's Access Services Tariff No. 1?

2.     TC13-055     In the Matter of the Request of Citizens Telecommunications Company of Minnesota, LLC for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Karen Cremer)

On June 24, 2013, the Commission received an application from Citizens Telecommunications Company of Minnesota, LLC requesting the Commission grant a waiver of the Commission's ETC filing requirements pursuant to ARSD 20:10:32:56, on grounds that the reporting requirements in support of ETC certification are unduly burdensome and unnecessary. Citizen's also requests that the Commission issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to Company.

     TODAY, shall the Commission grant the waiver and certify Citizens Telecommunications Company of Minnesota?

3.     TC13-075     In the Matter of the Request of RCC Minnesota, Inc. dba Verizon Wireless for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Darren Kearney; Staff Attorney: Karen Cremer)

On June 27, 2013, the Commission received an application from RCC Minnesota, Inc. dba Verizon Wireless (RCC Minnesota) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e). RCC Minnesota's ETC designation was relinquished in docket TC12-158. As such, the Commission is requested to certify that all federal high cost support was used in the preceding calendar year only for the provision, maintenance, and upgrading of facilities for which the support was intended. The requested certification does not include the upcoming calendar year.

     TODAY, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the proper use of Federal Universal Services Support by RCC Minnesota, Inc. dba Verizon Wireless in 2012?

4.     TC13-076     In the Matter of the Request of WWC License LLC dba Verizon Wireless for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)

On June 27, 2013, the Commission received an application from WWC License LLC dba Verizon Wireless (WWC License) requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e).  WWC License's ETC designation was relinquished in docket TC12-158. As such, the Commission is requested to certify that all federal high cost support was used in the preceding calendar year only for the provision, maintenance, and upgrading of facilities for which the support was intended.  The requested certification does not include the upcoming calendar year.

     TODAY, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the proper use of Federal Universal Services Support by WWC License dba Verizon Wireless in 2012?

5.     In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC13-082 and TC13-098.

     TC13-082     In the Matter of the Request of Beresford Municipal Telephone Company for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Robin Meyerink; Staff Attorney: Kristen Edwards)

On June 28, 2013, the Commission received an application from Beresford Municipal Telephone Company requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company.

     TC13-098     In the Matter of the Request of Jefferson Telephone Company for Certification Regarding Its Use of Federal Universal Service Support (Staff Analyst: Robin Meyerink; Staff Attorney: Kristen Edwards)

On July 1, 2013, the Commission received an application from Jefferson Telephone Company requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C. Section 254(e) and should receive all federal universal service support determined for distribution to the Company.

     TODAY, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of Federal Universal Services Support as proposed in each of the above dockets?

6.     TC13-106     In the Matter of the Application of i-wireless LLC for Designation as an Eligible Telecommunications Carrier (Staff Analyst: Robin Meyerink; Staff Attorney: Karen Cremer)

On August 15, 2013, the Commission received an Application for Designation as an Eligible Telecommunications Carrier in the State of South Dakota from i-wireless LLC (i-wireless). i-wireless seeks ETC designation solely to provide Lifeline service to qualifying South Dakota households; it will not seek access to funds from the federal Universal Service Fund for the purpose of participating in the Link-Up program or providing service to high cost areas. i-wireless requests a waiver of ARSD 20:10:32:43.02, which requires that ETC's submit a two-year service quality improvement plan (Plan), as well as ARSD 20:10:32:54(1-2) which requires a new Plan and a progress report on the previously filed Plan. i-wireless also requests a waiver of ARSD 20:10:32:43.01(2), which requires an ETC to provide service within a reasonable period of time if the potential customer is within the ETC's service area but outside its existing network coverage.

     TODAY, shall the Commission designate i-wireless as an ETC for the Designated Service Area for purposes of receiving federal Lifeline universal service support? AND, shall the Commission grant the request for waivers of ARSD 20:10:32:43.02, ARSD 20:10:32:54(1-2) and ARSD 20:10:32:43.01(2)?

Items for Commission Discussion

Announcements

  1. A public input hearing for Docket EL13-028 will be held Thursday, October 17, 2013, at 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://www3.northern.edu/flippingbook/campusmap2013/.

  2. 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.

  3. The next regularly scheduled commission meeting will be Tuesday, November 5, 2013, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, S.D.

  4. PUC Commissioners and staff will meet with representatives of Xcel Energy on Tuesday, November 5, 2013, at 1:30 p.m. CST, in Room 413 at the State Capitol Building, Pierre, S.D. The agenda is to discuss the company's planning and operations efforts.

  5. The PUC offices will be closed Monday, November 11, 2013, in observance of Veterans Day.

  6. Commission meetings are scheduled for November 22 and December 3, 2013.

/S/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
October 16, 2013