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South Dakota Public Utilities Commission Meeting
April 22, 2008, at 9:30 A.M.
State Capitol Building, Room 464
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. on April 21, 2008. Lines are limited and are given out on first come/first serve 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.
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AGENDA OF COMMISSION MEETING
Consumer Reports
- Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Staff Attorney: Kara Semmler)
Electricity
On August 8, 2005, the Energy Policy Act of 2005 ("EPAct 2005") was signed into law. Certain provisions in the EPAct 2005 amend the Public Utility Regulatory Policies Act ("PURPA") of 1978. The EPAct 2005 adds five new federal standards to PURPA. The five standards regard net metering, fuel diversity, fossil fuel generation efficiency, smart metering, and interconnection for distributed resources. Under the EPAct 2005, the Public Utilities Commission (Commission) has varying timelines within which to consider these standards and determine whether to adopt them. The Commission voted to open a docket to seek comments from interested persons or entities on how to proceed. The Commission requested comments on the following: 1) which electric utilities operating in South Dakota are affected by the standards and are subject to the Commission's jurisdiction? 2) Should the Commission open a docket for each utility or open a generic docket encompassing all of the affected utilities? 3) Should the Commission combine all of the standards, some of the standards, or have separate dockets for each standard? 4) Should the Commission hold evidentiary hearings with direct testimony and cross-examination? 5) If the Commission decides to implement any of the standards, should it do so through a rulemaking? 6) With respect to the net metering standard, should the Commission find it is not required to consider this standard given that the Legislature has already considered net metering in a past legislative session? Comments were received from the South Dakota Rural Electric Association and South Dakota Electric Utility Companies. A hearing in this matter was held May 30, 2007. Staff filed a letter of recommendations on June 13, 2007. At its July 11, 2007, meeting the Commission voted to not accept PURPA Standard 14 and hold additional workshops on PURPA Standard 15. Interconnection workshops were held March 18 – 19, 2008, and April 10, 2008.
TODAY, how shall the Commission proceed Regarding the Fossil Fuel Generation Efficiency and the Fuel Diversity PURPA standards?
Application by NorthWestern Energy for approval of tariff revisions discontinuing the installation of mercury vapor street lighting fixtures for new installations. The Energy Act of 2005 prohibits the manufacture or importation of mercury vapor ballasts after January 1, 2008. NorthWestern currently has about 4,400 customers using mercury vapor fixtures.
TODAY, shall the Commission Approve the Tariff Revisions?
On March 28, 2008, Xcel Energy filed for Commission approval of its 2007 economic development report and its 2008 economic development budget. The report includes the budget that was planned for the year 2007, the actual economic development investments that Xcel Energy made in 2007, and the planned budget for 2008.
TODAY, shall the Commission Approve the 2007 Economic Development Annual Report and the 2008 Economic Development Plan?
Application by East River Power Cooperative for permit to construct 115,000 volt overhead electric transmission line which will allow Lake Region Electric Association to serve a pump station of the TransCanada Keystone Pipeline. The line will originate at Western Area Power Administration's Groton Substation located in the SW 1/4 Section 18, T122N, R60W, Brown County and run approximately 13 miles terminating at a new East River substation adjacent to the pump station located in Section 17, T121N, R59W, Day County, SD.
TODAY, shall the Commission Assess a Filing Fee and Deposit of $8,000? AND, how shall the Commission proceed Regarding the SDCL 49-41B-15 Landowner Notice Requirements?
Natural Gas
1. NG08-002- In the Matter of the Filing by MidAmerican Energy Company for Approval of its 2007 Economic Development Report and its 2008 Economic Development Plan. (Staff Analysts: Dave Jacobson/Steve Wegman/Brian Rounds, Staff Attorney: Karen Cremer)
On March 4, 2008, as part of the Decision and Order approving Settlement Stipulation in NG01-010, MidAmerican Energy Company filed its 2007 economic development report and its proposed 2008 economic development budget for Commission approval.
TODAY, shall the Commission approve the 2007 Economic Development Report and the 2008 Economic Development Plan?
Application by Montana-Dakota Utilities Co. for approval of tariff revisions to effectuate a Conservation Tracking Adjustment pursuant to the terms of the Conservation Program Tracking Mechanism Rate 90 tariff previously approved in Dockets NG05-016 and NG07-012. The proposed adjustment would recover expenditures and costs incurred between March 1, 2007, and February 29, 2008. The company has requested an effective date of May 1, 2008, for the rate change in accordance with Rate 90.
TODAY, shall the Commission Approve the Conservation Program Tracking Mechanism Tariff Revisions?
Application by MidAmerican Energy for an extension of its monthly metered transportation and interruptible monthly metered transportation services ("MMT," collectively), both of which will expire April 30, 2008. The availability of MMT is being requested through December 31, 2008, while options for a permanent monthly metered transportation program continue to be evaluated. MidAmerican anticipates that a permanent monthly metering transportation tariff will be filed for SDPUC approval later this year. Upon approval of a permanent MMT tariff, customers will be provided the option to change to the new tariff, return to sales service, or elect daily gas transportation service.
TODAY, shall the Commission Approve the Tariff Revisions?
Telecommunications
1. In the Matter of the Petitions for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended in Dockets TC08-006, TC08-007, TC08-008, TC08-009, TC08-010, TC08-011, TC08-012, TC08-013, TC08-014, TC08-015, TC08-016, TC08-017, TC08-018, TC08-019, TC08-020, TC08-021, TC08-022, TC08-023, TC08-024, TC08-025, TC08-026, and TC08-027.
On February 8, 2008, Alliance Communications Cooperative, Inc., Splitrock Properties, Inc., and Hills Telephone Company (Alliance) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b)(2) of the Communications Act of 1934, as amended. Alliance's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Alliance claimed that, at present not all of the necessary transport arrangements are in place with wireless carriers and VoIP providers to properly route calls to ported local numbers. Alliance also requests immediate temporary suspension of the Section 251(b) (2) requirement pending this Commission's consideration of this request. Alliance respectively requests that the Commission: (A) Issue an interim order by no later than May 8, 2008, which would suspend intermodal LNP implementation pending the issuance of a final order on the separate requests for suspension and modification of the LNP requirements that are presented herein; (B) Issue a final order granting a temporary suspension of the present LNP implementation deadline of May 8, 2008, as requested herein; (C) Issue a final order granting a modification of intermodal LNP such that Alliance will not be required to pay the costs associated with transporting traffic beyond its established local calling areas to numbers that have been ported to other carriers; and (D) Grant Alliance such other and further relief as the Commission may deem proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Kennebec Telephone Company (Kennebec) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. Kennebec's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Kennebec claimed that, at present not all of the necessary transport arrangements are in place with wireless carriers and VoIP providers to properly route calls to ported local numbers. Kennebec also requests immediate temporary suspension of the Section 251(b) (2) requirement pending this Commission's consideration of this request. Kennebec respectively requests that the Commission: (A) Issue an interim order by no later than May 8, 2008, which would suspend intermodal LNP implementation pending the issuance of a final order on the separate requests for suspension and modification of the LNP requirements that are presented herein; (B) Issue a final order granting a temporary suspension of the present LNP implementation deadline of May 8, 2008, as requested herein; (C) Issue a final order granting a modification of intermodal LNP such that Kennebec will not be required to pay the costs associated with transporting traffic beyond is established local calling areas to numbers that have been ported to other carriers; and (D) Grant Kennebec such other and further relief as the Commission may deem proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Faith Municipal Telephone Company (Faith) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. Faith's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Faith claimed that, at present not all of the necessary transport arrangements are in place with wireless carriers and VoIP providers to properly route calls to ported local numbers. Faith also requests immediate temporary suspension of the Section 251(b) (2) requirement pending this Commission's consideration of this request. Faith respectively requests that the Commission: (A) Issue an interim order by no later than May 8, 2008, which would suspend intermodal LNP implementation pending the issuance of a final order on the separate requests for suspension and modification of the LNP requirements that are presented herein; (B) Issue a final order granting a temporary suspension of the present LNP implementation deadline of May 8, 2008, as requested herein; (C) Issue a final order granting a modification of intermodal LNP such that Faith will not be required to pay the costs associated with transporting traffic beyond is established local calling areas to numbers that have been ported to other carriers; and (D) Grant Faith such other and further relief as the Commission may deem proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Western Telephone Company (Western) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. Western's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Western claimed that, at present not all of the necessary transport arrangements are in place with wireless carriers and VoIP providers to properly route calls to ported local numbers. Western also requests immediate temporary suspension of the Section 251(b) (2) requirement pending this Commission's consideration of this request. Western respectively requests that the Commission: (A) Issue an interim order by no later than May 8, 2008, which would suspend intermodal LNP implementation pending the issuance of a final order on the separate requests for suspension and modification of the LNP requirements that are presented herein; (B) Issue a final order granting a temporary suspension of the present LNP implementation deadline of May 8, 2008, as requested herein; (C) Issue a final order granting a modification of intermodal LNP such that Western will not be required to pay the costs associated with transporting traffic beyond is established local calling areas to numbers that have been ported to other carriers; and (D) Grant Western such other and further relief as the Commission may deem proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Sioux Valley Telephone Company (Sioux Valley) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. Sioux Valley's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Sioux Valley claimed that, at present not all of Sioux Valley's switches are LNP capable and because not all of the necessary transport arrangements are in place with wireless carriers and VoIP providers to properly route calls to ported local numbers. Sioux Valley also requests immediate temporary suspension of the Section 251(b) (2) requirement pending this Commission's consideration of this request. Sioux Valley respectively requests that the Commission: (A) Issue an interim order by no later than May 8, 2008, which would suspend intermodal LNP implementation pending the issuance of a final order on the separate requests for suspension and modification of the LNP requirements that are presented herein; (B) Issue a final order granting a temporary suspension of the present LNP implementation deadline of May 8, 2008, as requested herein; (C) Issue a final order granting a modification of intermodal LNP such that Sioux Valley will not be required to pay the costs associated with transporting traffic beyond is established local calling areas to numbers that have been ported to other carriers; and (D) Grant Sioux Valley such other and further relief as the Commission may deem proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Venture Communications Cooperative, Inc. (Venture) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. Venture's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Venture's requested suspension is for the purpose of negotiating transport arrangements with wireless carriers and VoIP providers, as necessary. Venture also requests an immediate suspension of Section 251(b) (2) pending this Commission's consideration of the modification request until 90 days following the Commission's decision. Venture respectively requests that the Commission: (A) Issue an interim order that suspends any obligation for Petitioner to provide intermodal or VoIP LNP; (B) Issue a final order that grants a modification of Venture's obligation to provide intermodal and VoIP LNP as requested herein and a suspension of Venture's obligation to implement intermodal and VoIP LNP until the transport issue is resolved; and (C) Grant Venture such other and further relief that may be proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
TC08-012 - In the Matter of the Petition of RC Communications, Inc., and Roberts County Telephone Cooperative Association for Suspension or Modification of 47 U.S.C. Section 251(b) (2) of the Communications Act of 1934 as Amended. (Staff Analyst: Harlan Best, Staff Attorney: Rolayne Ailts Wiest)
On February 8, 2008, RC Communications, Inc. and Roberts County Telephone Cooperative Assn. (RC) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b)(2) of the Communications Act of 1934, as amended. RC's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. RC claimed that, at present not all of the necessary transport arrangements are in place with wireless carriers and VoIP providers to properly route calls to ported local numbers. RC also requests immediate temporary suspension of the Section 251(b) (2) requirement pending this Commission's consideration of this request. RC respectively requests that the Commission: (A) Issue an interim order by no later than May 8, 2008, which would suspend intermodal LNP implementation pending the issuance of a final order on the separate requests for suspension and modification of the LNP requirements that are presented herein; (B) Issue a final order granting a temporary suspension of the present LNP implementation deadline of May 8, 2008, as requested herein; (C) Issue a final order granting a modification of intermodal LNP such that RC will not be required to pay the costs associated with transporting traffic beyond is established local calling areas to numbers that have been ported to other carriers; and (D) Grant RC such other and further relief as the Commission may deem proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Beresford Municipal Telephone Company (Beresford) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. Beresford's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Beresford claimed that, at present not all of the necessary transport arrangements are in place with wireless carriers and VoIP providers to properly route calls to ported local numbers. Beresford also requests immediate temporary suspension of the Section 251(b) (2) requirement pending this Commission's consideration of this request. Beresford respectively requests that the Commission: (A) Issue an interim order by no later than May 8, 2008, which would suspend intermodal LNP implementation pending the issuance of a final order on the separate requests for suspension and modification of the LNP requirements that are presented herein; (B) Issue a final order granting a temporary suspension of the present LNP implementation deadline of May 8, 2008, as requested herein; (C) Issue a final order granting a modification of intermodal LNP such that Beresford will not be required to pay the costs associated with transporting traffic beyond is established local calling areas to numbers that have been ported to other carriers; and (D) Grant Beresford such other and further relief as the Commission may deem proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Golden West Telecommunications Cooperative, Inc. (Golden West) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. Golden West's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Golden West claimed that, at present not all of the necessary transport arrangements are in place with wireless carriers and VoIP providers to properly route calls to ported local numbers. Golden West also requests immediate temporary suspension of the Section 251(b) (2) requirement pending this Commission's consideration of this request. Golden West respectively requests that the Commission: (A) Issue an interim order by no later than May 8, 2008, which would suspend intermodal LNP implementation pending the issuance of a final order on the separate requests for suspension and modification of the LNP requirements that are presented herein; (B) Issue a final order granting a temporary suspension of the present LNP implementation deadline of May 8, 2008, as requested herein; (C) Issue a final order granting a modification of intermodal LNP such that Golden West will not be required to pay the costs associated with transporting traffic beyond is established local calling areas to numbers that have been ported to other carriers; and (D) Grant Golden West such other and further relief as the Commission may deem proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Vivian Telephone Company (Vivian) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. Vivian's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Vivian claimed that, at present not all of the necessary transport arrangements are in place with wireless carriers and VoIP providers to properly route calls to ported local numbers. Vivian also requests immediate temporary suspension of the Section 251(b) (2) requirement pending this Commission's consideration of this request. Vivian respectively requests that the Commission: (A) Issue an interim order by no later than May 8, 2008, which would suspend intermodal LNP implementation pending the issuance of a final order on the separate requests for suspension and modification of the LNP requirements that are presented herein; (B) Issue a final order granting a temporary suspension of the present LNP implementation deadline of May 8, 2008, as requested herein; (C) Issue a final order granting a modification of intermodal LNP such that Vivian will not be required to pay the costs associated with transporting traffic beyond is established local calling areas to numbers that have been ported to other carriers; and (D) Grant Vivian such other and further relief as the Commission may deem proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Kadoka Telephone Company (Kadoka) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. Kadoka's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Kadoka claimed that, at present not all of the necessary transport arrangements are in place with wireless carriers and VoIP providers to properly route calls to ported local numbers. Kadoka also requests immediate temporary suspension of the Section 251(b) (2) requirement pending this Commission's consideration of this request. Kadoka respectively requests that the Commission: (A) Issue an interim order by no later than May 8, 2008, which would suspend intermodal LNP implementation pending the issuance of a final order on the separate requests for suspension and modification of the LNP requirements that are presented herein; (B) Issue a final order granting a temporary suspension of the present LNP implementation deadline of May 8, 2008, as requested herein; (C) Issue a final order granting a modification of intermodal LNP such that Kadoka will not be required to pay the costs associated with transporting traffic beyond is established local calling areas to numbers that have been ported to other carriers; and (D) Grant Kadoka such other and further relief as the Commission may deem proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Brookings Municipal Utilities d/b/a Swiftel Communications (Swiftel) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b)(2) of the Communications Act of 1934, as amended. Swiftel's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Swiftel's requested suspension is for the purpose of negotiating transport arrangements with wireless carriers and VoIP providers, as necessary. Swiftel also requests an immediate suspension of Section 251(b) (2) pending this Commission's consideration of the modification request until 90 days following the Commission's decision. Swiftel respectively requests that the Commission: (A) Issue an interim order that suspends any obligation for Swiftel to provide intermodal or VoIP LNP; (B) Issue a final order that grants a modification of Swiftel's obligation to provide intermodal and VoIP LNP as requested herein and a suspension of Swiftel's obligation to implement intermodal and VoIP LNP until the transport issue is resolved; and (C) Grant Swiftel such other and further relief that may be proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, Sprint Communications Company, LP, MCC Telehony of the Midwest, Inc. d/b/a Mediacom, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Union Telephone Company (Union) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. Union's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Union claimed that, at present not all of Union's switches are LNP capable and because not all of the necessary transport arrangements are in place with wireless carriers and VoIP providers to properly route calls to ported local numbers. Union also requests immediate temporary suspension of the Section 251(b) (2) requirement pending this Commission's consideration of this request. Union respectively requests that the Commission: (A) Issue an interim order by no later than May 8, 2008, which would suspend intermodal LNP implementation pending the issuance of a final order on the separate requests for suspension and modification of the LNP requirements that are presented herein; (B) Issue a final order granting a temporary suspension of the present LNP implementation deadline of May 8, 2008, as requested herein; (C) Issue a final order granting a modification of intermodal LNP such that Union will not be required to pay the costs associated with transporting traffic beyond is established local calling areas to numbers that have been ported to other carriers; and (D) Grant Union such other and further relief as the Commission may deem proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Armour Independent Telephone Company (Armour) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. Armour's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Armour claimed that, at present Armour's switch is not LNP capable and because not all of the necessary transport arrangements are in place with wireless carriers and VoIP providers to properly route calls to ported local numbers. Armour also requests immediate temporary suspension of the Section 251(b) (2) requirement pending this Commission's consideration of this request. Armour respectively requests that the Commission: (A) Issue an interim order by no later than May 8, 2008, which would suspend intermodal LNP implementation pending the issuance of a final order on the separate requests for suspension and modification of the LNP requirements that are presented herein; (B) Issue a final order granting a temporary suspension of the present LNP implementation deadline of May 8, 2008, as requested herein; (C) Issue a final order granting a modification of intermodal LNP such that Armour will not be required to pay the costs associated with transporting traffic beyond is established local calling areas to numbers that have been ported to other carriers; and (D) Grant Armour such other and further relief as the Commission may deem proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
TC08-020 - In the Matter of the Petition of McCook Cooperative Telephone Company and Tri-County Telcom for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analyst: Harlan Best, Staff Attorney: Rolayne Ailts Wiest)
On February 8, 2008, McCook Cooperative Telephone Company (McCook) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. McCook's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. McCook claimed that, at present not all of the necessary transport arrangements are in place with wireless carriers and VoIP providers to properly route calls to ported local numbers. McCook also requests immediate temporary suspension of the Section 251(b) (2) requirement pending this Commission's consideration of this request. McCook respectively requests that the Commission: (A) Issue an interim order by no later than May 8, 2008, which would suspend intermodal LNP implementation pending the issuance of a final order on the separate requests for suspension and modification of the LNP requirements that are presented herein; (B) Issue a final order granting a temporary suspension of the present LNP implementation deadline of May 8, 2008, as requested herein; (C) Issue a final order granting a modification of intermodal LNP such that McCook will not be required to pay the costs associated with transporting traffic beyond is established local calling areas to numbers that have been ported to other carriers; and (D) Grant McCook such other and further relief as the Commission may deem proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Bridgewater-Canistota Independent Telephone Company (Bridgewater-Canistota) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b)(2) of the Communications Act of 1934, as amended. Bridgewater-Canistota's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Bridgewater-Canistota claimed that, at present not all of Bridgewater-Canistota's switches are LNP capable and because not all of the necessary transport arrangements are in place with wireless carriers and VoIP providers to properly route calls to ported local numbers. Bridgewater-Canistota also requests immediate temporary suspension of the Section 251(b) (2) requirement pending this Commission's consideration of this request. Bridgewater-Canistota respectively requests that the Commission: (A) Issue an interim order by no later than May 8, 2008, which would suspend intermodal LNP implementation pending the issuance of a final order on the separate requests for suspension and modification of the LNP requirements that are presented herein; (B) Issue a final order granting a temporary suspension of the present LNP implementation deadline of May 8, 2008, as requested herein; (C) Issue a final order granting a modification of intermodal LNP such that Bridgewater-Canistota will not be required to pay the costs associated with transporting traffic beyond is established local calling areas to numbers that have been ported to other carriers; and (D) Grant Bridgewater-Canistota such other and further relief as the Commission may deem proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Valley Telecommunications Cooperative Association, Inc. (Valley) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. Valley's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Valley claimed that, at present not all of the necessary transport arrangements are in place with wireless carriers and VoIP providers to properly route calls to ported local numbers. Valley also requests immediate temporary suspension of the Section 251(b) (2) requirement pending this Commission's consideration of this request. Valley respectively requests that the Commission: (A) Issue an interim order by no later than May 8, 2008, which would suspend intermodal LNP implementation pending the issuance of a final order on the separate requests for suspension and modification of the LNP requirements that are presented herein; (B) Issue a final order granting a temporary suspension of the present LNP implementation deadline of May 8, 2008, as requested herein; (C) Issue a final order granting a modification of intermodal LNP such that Valley will not be required to pay the costs associated with transporting traffic beyond is established local calling areas to numbers that have been ported to other carriers; and (D) Grant Valley such other and further relief as the Commission may deem proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Midstate Communications, Inc. (Midstate) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. Midstate's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Midstate claimed that, at present not all of Midstate's switches are LNP capable and because not all of the necessary transport arrangements are in place with wireless carriers and VoIP providers to properly route calls to ported local numbers. Midstate also requests immediate temporary suspension of the Section 251(b) (2) requirement pending this Commission's consideration of this request. Midstate respectively requests that the Commission: (A) Issue an interim order by no later than May 8, 2008, which would suspend intermodal LNP implementation pending the issuance of a final order on the separate requests for suspension and modification of the LNP requirements that are presented herein; (B) Issue a final order granting a temporary suspension of the present LNP implementation deadline of May 8, 2008, as requested herein; (C) Issue a final order granting a modification of intermodal LNP such that Midstate will not be required to pay the costs associated with transporting traffic beyond is established local calling areas to numbers that have been ported to other carriers; and (D) Grant Midstate such other and further relief as the Commission may deem proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Interstate Telecommunications Cooperative, Inc. (Interstate) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. Interstate's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Interstate's requested suspension is for the purpose of negotiating transport arrangements with wireless carriers and VoIP providers, as necessary. Interstate also requests an immediate suspension of Section 251(b) (2) pending this Commission's consideration of the modification request until 90 days following the Commission's decision. Interstate respectively requests that the Commission: (A) Issue an interim order that suspends any obligation for Interstate to provide intermodal or VoIP LNP; (B) Issue a final order that grants a modification of Interstate's obligation to provide intermodal and VoIP LNP as requested herein and a suspension of Interstate's obligation to implement intermodal and VoIP LNP until the transport issue is resolved; and (C) Grant Interstate such other and further relief that may be proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, Sprint Communications Company LP, MCC Telephony of the Midwest, Inc. d/b/a Mediacom, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, West River Cooperative Telephone Company (West River) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b)(2) of the Communications Act of 1934, as amended. West River's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. West River's requested suspension is for the purpose of negotiating transport arrangements with wireless carriers and VoIP providers, as necessary. West River also requests an immediate suspension of Section 251(b) (2) pending this Commission's consideration of the modification request until 90 days following the Commission's decision. West River respectively requests that the Commission: (A) Issue an interim order that suspends any obligation for West River to provide intermodal or VoIP LNP; (B) Issue a final order that grants a modification of West River's obligation to provide intermodal and VoIP LNP as requested herein and a suspension of West River's obligation to implement intermodal and VoIP LNP until the transport issue is resolved; and (C) Grant West River such other and further relief that may be proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Stockholm-Strandburg Telephone Company (Stockholm-Strandburg) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. Stockholm-Strandburg's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Stockholm-Strandburg's requested suspension is for the purpose of negotiating transport arrangements with wireless carriers and VoIP providers, as necessary. Stockholm-Strandburg also requests an immediate suspension of Section 251(b) (2) pending this Commission's consideration of the modification request until 90 days following the Commission's decision. Stockholm-Strandburg respectively requests that the Commission: (A) Issue an interim order that suspends any obligation for Stockholm-Strandburg to provide intermodal or VoIP LNP; (B) Issue a final order that grants a modification of Stockholm-Strandburg's obligation to provide intermodal and VoIP LNP as requested herein and a suspension of Stockholm-Strandburg's obligation to implement intermodal and VoIP LNP until the transport issue is resolved; and (C) Grant Stockholm-Strandburg such other and further relief that may be proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
On February 8, 2008, Santel Communications Cooperative (Santel) filed a petition with the Public Utilities Commission (Commission) for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. Santel's requested modification of intermodal LNP and LNP to VoIP providers concerns the transport of ported calls. Santel's requested suspension is for the purpose of negotiating transport arrangements with wireless carriers and VoIP providers, as necessary. Santel also requests an immediate suspension of Section 251(b) (2) pending this Commission's consideration of the modification request until 90 days following the Commission's decision. Santel respectively requests that the Commission: (A) Issue an interim order that suspends any obligation for Santel to provide intermodal or VoIP LNP; (B) Issue a final order that grants a modification of Santel's obligation to provide intermodal and VoIP LNP as requested herein and a suspension of Santel's obligation to implement intermodal and VoIP LNP until the transport issue is resolved; and (C) Grant Santel such other and further relief that may be proper. On February 29, 2008, Petitions for Intervention were filed by Midcontinent Communications, Alltel Communications LLC, Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, and the South Dakota Telecommunications Association. Intervention was granted at the March 25, 2008, commission meeting.
TODAY, shall the Commission Grant a Temporary Suspension? AND, how shall the Commission Proceed?
On March 28, 2008, the Public Utilities Commission (Commission) received a petition from Americatel Corporation (Americatel) to amend its Certificate of Authority. Americatel requests the Commission to issue an order removing the authority to provide prepaid calling card services and the requirement that Americatel have a $25,000 indemnity bond on file with the Commission.
TODAY, shall the Commission Grant Intervention to any Parties that May have Filed? AND, shall the Commission Grant Americatel's Request to Amend its Certificate of Authority by Adding Restrictions from Offering Pre-Paid Services, Including Pre-Paid Calling Cards, and Removing the Requirement for Maintenance of a $25,000 Bond?
Administration
1. Establishment of the Gross Receipts Tax levy for the 2009 Fiscal Year (Deputy Executive Director: Heather Forney)
SDCL Chapter 49-1A establishes the South Dakota Public Utilities Commission Gross Receipts Tax Fund. This Fund is financed by assessing a tax on the annual intrastate gross receipts received by a utility. The Fund is used by the Commission to defray regulatory expenses related to the regulation of telecommunications, electricity and natural gas. On April 1st of each year all utilities and telecommunications companies doing business in South Dakota shall file with the Commission, on forms provided by the Commission, the amount of its gross receipts derived from customers within South Dakota during the preceding calendar year pursuant to SDCL 49-1A-4. The report shall be sworn to and verified by an officer of the company. The Commission shall, by order, establish the rate and assess the tax authorized in SDCL 49-1A-3 which, together with any funds remaining from the current fiscal year and the two hundred fifty dollar minimum gross receipt tax, will fund the Commission's budget for the next fiscal year and provide a contingency reserve in an amount not to exceed the prior year's budget. In accordance with SDCL 49-1A-5, the tax is due and payable on July 15th of each year.
TODAY, shall the Commission establish the rate and assess the Gross Receipts Tax as authorized in SDCL49-1A-3?
- Proposed Rulemaking Docket (Grain Warehouse Director: Jim Mehlhaff)
Commission Staff requests the Commission open a rulemaking docket to make revisions and or additions to its rules pertaining to grain warehouses and grain dealers. On July 1, 2008 SB 44 and SB 45 will become law and changes in ARSD 20:10:11 and ARSD 20:10:12 will be necessary to make them consistent with South Dakota Codified Law.
TODAY, how shall the Commission Proceed?
Announcements
- The next regularly scheduled Commission meeting will be held May 6, 2008, at 9:30 a.m. in Room 464, State Capitol Building, Pierre, SD.
- Commission meetings are scheduled for May 20 and June 10, 2008.
- A hearing in docket TC07-107 will be held May 20 – 21, 2008, at University Center, 2205 Career Place, Room 282, Sioux Falls, SD. The hearing will begin at 10:30 a.m. on May 20.
- The Public Utilities Commission offices will be closed Monday, May 26, 2008, in observance of Memorial Day.
/S/Heather K. Forney_______
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
April 15, 2008
