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South Dakota Public Utilities Commission Meeting
June 24, 2008, at 9:30 A.M.
Room 464, State 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. on June 23, 2008. 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.
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AGENDA OF COMMISSION MEETING
Consumer Reports
- Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Complaint
1. CT08-002 - In the Matter of the Complaint filed by Roger L. Hall, Rapid City, South Dakota, against Qwest Corporation Regarding the Cost of Telephone Line Extensions (Staff Analysts: Harlan Best/Deb Greg, Staff Attorney: Kara Semmler)
On April 14, 2008, Roger L. Hall filed a formal complaint against Qwest Corporation. Roger Hall owns a trailer court in Hill City, SD and wishes to extend telephone lines to new trailers on his property. Qwest believes Mr. Hall is responsible for the cost thereof and will not install the lines until agreed to by Mr. Hall. Mr. Hall, however, does not believe he should be required to pay the cost of line extensions to new trailers within the trailer park. On May 5, 2008, Qwest Corporation filed a response and a Motion to dismiss the complaint.
TODAY, shall the Commission dismiss the Complaint and Close the Docket?
Electric
1. EL08-013 - In the Matter of the Petition of Otter Tail Corporation d/b/a Otter Tail Power Company for Approval of an Extension of its Test Period. (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)
On May 15, 2008, Otter Tail Power Company filed a Petition for Extension of Test Period. Otter Tail plans on filing a general rate increase request on or before November 1, 2008, and requests to use a calendar year 2007 test period which will allow Otter Tail to make its filing at the same time and using the same basic test-year data as it intends to use to make a similar filing in North Dakota.
TODAY, shall the Commission Approve the Petition for Extension of a Test Period?
2. EL08-016 - In the Matter of the Application of East River Electric Power Cooperative, Inc. for a Permit to Construct 9.5 miles of 115 kV transmission line in Lincoln and Turner Counties. (Staff Analysts: Bob Knadle/Brian Rounds/Terri LaBrie Baker Staff Attorney: Karen Cremer)
On June 12, 2008, East River Electric Power Cooperative, Inc. submitted an application for a Construction Permit to build a 9.5 mile 115 kV transmission line between the Virgil Fodness High Voltage Substation located south of Tea in Lincoln County and the Chancellor Substation located east of Chancellor in Turner County. The line is needed to serve the expansion of an ethanol plant served by East River's member system, Southeastern Electric Cooperative, Inc., as well as other loads which continue to grow in Turner and Lincoln Counties.
TODAY, shall the Commission Assess a Filing Fee and Deposit of $8000.00? And, how shall the Commission proceed Regarding the SDCL 49-41B-15 Landowner Notice Requirements?
Pipeline Safety
1. PS08-002 - In the Matter of the Filing by NorthWestern Corporation d/b/a NorthWestern Energy for Approval of a Waiver of 49 C.F.R. Sections 192.285(a)(2) and 192.285(c). (Staff Analysts: Nathan Solem/Daris Ormesher, Staff Attorney: Kara Semmler)
On April 21, 2008, the Commission received a filing from NorthWestern Corporation d/b/a NorthWestern Energy requesting approval of a permanent waiver of 49 C.F.R. Sections 192.285(a)(2) and 192.285(c). NorthWestern Corporation requests a waiver of Part 192.285(c) to allow it to re-qualify its employees by an alternate means of assuring qualifications for persons making joints.
TODAY, shall the Commission approve the waiver of 192.285(c)?
Telecommunications
On October 30, 2006, Long Lines Wireless, LLC filed a petition for designation as an eligible telecommunications carrier in South Dakota for the following service area: the counties of Union, Clay, Yankton, Bon Homme, Lincoln, Turner, Minnehaha, McCook, Lake, Moody, Brookings, Jackson, Harding, Butte, Lawrence, Custer, Fall River, Bennett, Perkins, Meade, Pennington, Shannon, and Haakon. Long Lines Wireless will provide service to requested service area via its own facilities, not through any resale methods. On March 25, 2008, the Commission deferred the item. On May 19, 2008, Long Lines Wireless, LLC filed modifications to the Petition.
TODAY, shall the Commission Designate Long Lines Wireless, LLC as an Eligible Telecommunications Carrier?
2. TC07-090 - In the Matter of the Application of Inmate Calling Solutions, LLC d/b/a ICSolutions for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota. (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)
On August 9, 2007, Inmate Calling Solutions, LLC d/b/a ICSolutions filed an application for a certificate of authority to provide interexchange services in South Dakota. On June 16, 2008, the Applicant submitted Letter of Credit as opposed to a bond. ICSolutions intends to provide automated collect calling services to inmates of correctional institutions throughout the state.
TODAY, shall the Commission Accept the Letter of Credit and Grant a Certificate of Authority to Inmate Calling Solution, LLC d/b/a ICSolutions?
3. TC08-005 - In the Matter of the Complaint filed by OrbitCom, Inc. against Global Crossing Telecommunications, Inc. Regarding Switched Access Services. (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)
On February 6, 2008, OrbitCom, Inc. filed a complaint against Global Crossings Telecommunications, Inc. for failing to pay switched access charges. On February 22, 2008 Global Crossing Telecommunications, Inc. filed a Motion to Dismiss along with an Affidavit. On May 20, 2008, OrbitCom, Inc. filed a letter and response to Global Crossings Motion to Dismiss. On June 2, 2008, Global Crossing filed a reply in Support of the Motion to Dismiss.
TODAY, shall the Commission Dismiss the Complaint and Close the Docket?
4. TC08-040 - In the Matter of the Filing for Approval of an Interconnection Agreement between Qwest Corporation and Access Point, Inc. (Staff Attorney: Kara Semmler)
On April 16, 2008 the Commission received a filing for the approval of an Interconnection Agreement between Qwest Corporation and Access Point, Inc. Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than May 6, 2008. Parties to the Agreement may file written responses to the comments no later than twenty days after service of the initial comments.
TODAY, shall the Commission Approve the Amendment to the Agreement?
- In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC08-045, TC08-046, TC08-047, TC08- 048, TC08-049, TC08-050, TC08-051, TC08-052, TC08-053, TC08-054, TC08-055, TC08-056, TC08-057, TC08-058, TC08-059, TC08- 060, TC08-061, and TC08-062
TC08-045 - In the Matter of the Request of Kennebec Telephone Company, Inc. for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Harlan Best/Terri LaBrie Baker, Staff Attorney: Karen Cremer)
On May 19, 2008, Kennebec Telephone Company, Inc. (Kennebec) provided information constituting Kennebec's plan for the use of its federal universal service support and to otherwise verify that Kennebec will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
On May 20, 2008, Interstate Telecommunications Cooperative, Inc. (Interstate) provided information constituting Interstate's plan for the use of its federal universal service support and to otherwise verify that Interstate will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
On May 20, 2008, Stockholm-Strandburg Telephone Company d/b/a ITC (Stockholm) provided information constituting Stockholm's plan for the use of its federal universal service support and to otherwise verify that Stockholm will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
On May 20, 2008, SStelecom, Inc. (SStelecom) provided information constituting SStelecom's plan for the use of its federal universal service support and to otherwise verify that SSTELECOM will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
On May 21, 2008, Valley Telecommunications Cooperative Association (Valley) provided information constituting Valley's plan for the use of its federal universal service support and to otherwise verify that Valley will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
On May 22, 2008, Venture Communications Cooperative (Venture) provided information constituting Venture's plan for the use of its federal universal service support and to otherwise verify that Venture will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
On May 23, 2008, McCook Cooperative Telephone Company (McCook) provided information constituting McCook's plan for the use of its federal universal service support and to otherwise verify that McCook will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
On May 23, 2008, Tri-County Telcom, Inc. (Tri-County) provided information constituting Tri-County's plan for the use of its federal universal service support and to otherwise verify that Tri-County will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
TC08-053 - In the Matter of the Request of West River Telecommunications Cooperative (Mobridge) for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Harlan Best/Terri LaBrie Baker, Staff Attorney: Karen Cremer)
On May 23, 2008, West River Telecommunications Cooperative - Mobridge (West River) provided information constituting West River's plan for the use of its federal universal service support and to otherwise verify that West River will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
On May 23, 2008, West River Cooperative Telephone Company (West River) provided information constituting West River's plan for the use of its federal universal service support and to otherwise verify that West River will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
On May 23, 2008, Santel Communications Cooperative, Inc. (Santel) provided information constituting Santel's plan for the use of its federal universal service support and to otherwise verify that Santel will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
On May 27, 2008, Western Telephone Company (Western) provided information constituting Western's plan for the use of its federal universal service support and to otherwise verify that Western will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
On May 27, 2008, RC Communications, Inc. d/b/a RC Services (RC Services) provided information constituting RC Services's plan for the use of its federal universal service support and to otherwise verify that RC Services will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
TC08-058 - In the Matter of the Request of Roberts County Telephone Cooperative Association and RC Communications, Inc. for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Harlan Best/Terri LaBrie Baker, Staff Attorney: Karen Cremer)
On May 27, 2008, Roberts County Telephone Cooperative Association and RC Communications, Inc. (Roberts/RC) provided information constituting Roberts/RC's plan for the use of its federal universal service support and to otherwise verify that Roberts/RC will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
On May 28, 2008, Alliance Communications Cooperative, Inc. (Alliance) provided information constituting Alliance's plan for the use of its federal universal service support and to otherwise verify that Alliance will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
On May 28, 2008, Hills Telephone Company, Inc. (Hills) provided information constituting Hills's plan for the use of its federal universal service support and to otherwise verify that Hills will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
On May 28, 2008, Splitrock Properties, Inc. (Splitrock) provided information constituting Splitrock's plan for the use of its federal universal service support and to otherwise verify that Splitrock will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
On May 28, 2008, Jefferson Telephone Company (Jefferson) provided information constituting Jefferson's plan for the use of its federal universal service support and to otherwise verify that Jefferson will use all federal universal service support received in a manner that is consistent with the federal universal provisions of 47 U.S.C. Section 254.
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. TC08-065 - In the Matter of the Complaint filed by MCI Communications Services, Inc. d/b/a Verizon Business Services against Capital Telephone Company, Inc. Regarding Traffic Pumping.(Staff Analysts: Harlan Best/Terri LaBrie Baker, Staff Attorney: Karen Cremer)
On May 28, 2008, MCI Communications Services, Inc. d/b/a Verizon Business Services (Verizon) filed a pleading with the Public Utilities Commission (Commission) "to put a stop to a fraudulent "traffic pumping" scam being run by Capital Telephone Company, Inc. (Capital) by, among other remedies, revoking Capital's Certificate of Authority." Verizon respectively requests that the Commission: a. Declare Capital's traffic pumping scam to be an unjust and unreasonable practice and declare the charges asserted pursuant to that scam to be unjust and unreasonable; b. Declare Capital's traffic routing practices to be unjust and unreasonable and declare the additional charges asserted as a result of those practices to be unjust and unreasonable; c. Order Capital to cease and desist from its unreasonable practices; d. Revoke Capital's Certificate of Authority; e. Award Verizon an account credit for all amounts billed by Capital to Verizon relating to intrastate switched access service; and f. Order such other relief as the Commission deems appropriate. In accordance with ARSD 20:10:01:09, Capital shall satisfy the complaint or answer it in writing within 20 days. On June 12, 2008, Qwest Communications Corporation (Qwest) filed a Petition to Intervene.
TODAY, shall the Commission Grant Intervention to Qwest Communications Corporation?
7. TC08-089 - In the Matter of the Application of Clertech.Com, Inc. for a Certificate of Authority to Provide Local Exchange Services in South Dakota.(Staff Analysts: Harlan Best/Terri LaBrie Baker, Staff Attorney: Karen Cremer)
On June 2, 2008, Clertech.Com, Inc. (Clertech) filed an application for a certificate of authority to provide basic local exchange service throughout the state of South Dakota, including, but not limited to, the exchange areas served by Qwest Corporation and other local carriers. On June 18, 2008, South Dakota Telecommunication Association (SDTA) filed a Petition to Intervene.
TODAY, shall the Commission Grant Intervention to SDTA or any other Parties who file within the Intervention date?
Announcements
- The next regularly scheduled Commission meeting will be held July 8, 2008, at 9:30 a.m. in Floyd Mathews Training Center, 523 E Capitol Ave, Joe Foss Building, Pierre, SD.
- Commission meetings are scheduled for July 29 and August 12, 2008.
- The Public Utilities Commission offices will be closed Friday, July 4, 2008, in observance of Independence Day.
- Grain Warehouse Rules Hearing will be held July 14, 2008, at 10:00 a.m. in Room 464, State Capitol Building, Pierre, SD.
- Commissioners and Staff will be attending the National Association of Regulatory Commission meeting in Portland, OR, July 21 – 23, 2008.
- A hearing in dockets TC07-111 through TC07-116 will be held July 29 – August 1, 2008 in the Floyd Matthews Training Center, Foss Building, Pierre, SD. The hearing will begin at 1:30 p.m. on July 29.
- A Hearing for Docket TC07-117 will be held August 5, 2008 in the Capital Lake Visitors Center, 650 E Capitol Avenue, Pierre, SD. The hearing will begin at 9:00 a.m.
- A hearing in dockets TC06-178, TC06-180, TC06-188 and TC06-189 will be held August 20 – August 22, 2008, in the Capital Lake Visitors Center, 650 E Capitol Avenue, Pierre, SD. The hearing will begin at 9:00 a.m. on August 20.
/s/Heather K. Forney______
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
June 17, 2008
