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South Dakota Public Utilities Commission Meeting
July 29, 2008, at 9:30 A.M.
Floyd Matthew Training Center, Joe Foss Building
523 E Capitol Ave
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 July 28, 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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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
- Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Electric
On January 31, 2008, Northern States Power Company, a Minnesota Corporation d/b/a Xcel Energy (Xcel), submitted an application for a Construction Permit to build the following: 1. A new 6.5 mile 115 kV transmission line from the Brookings County Substation to the Minnesota/South Dakota border; and 2. Modifications to the Brookings County Substation to accommodate the new 115 kV line. The application comprises the western portion of the Buffalo Ridge Incremental Generation Outlet project which connects the Brookings County Substation to the Yankee Substation northwest of Lake Benton, Minnesota. On March 31, 2008, the Brookings County Commission filed an Application for Party Status. The Application for Party Status was approved at the April 8, 2008, commission meeting. On July 8, 2008, Xcel filed a Motion to Extend Final Approval Deadline.
TODAY, shall the Commission Grant the Motion to Extend Final Approval Deadline?
Application by Otter Tail Power Company for approval to revise its tariffed Summary of Contracts with Deviations. The existing contract with the City of Peever will expire on August 1, 2008. Otter Tail states the new agreement does not contain any deviations from Otter Tail's currently filed tariff and therefore requests that reference to a contract with the City of Peever be removed from the Summary of Contracts with Deviations.
TODAY, shall the Commission Approve the Tariff Revisions?
3. EL08-018 In the Matter of the Joint Request for an Electric Service Rights Exception between Watertown Municipal Utilities Department and Codington-Clark Electric Cooperative, Inc. (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)Application concerning joint request for exception to assigned service territory between Watertown Municipal Utilities Department and Codington-Clark Electric Cooperative. Watertown Municipal Utilities has been asked to serve a new load adjacent to its territorial service area which is located in the Codington-Clark Electric Cooperative service territory. This new load is located within approximately 300 feet of the Municipal Utilities existing service line and is within approximately 3/4 mile of the Co-op's nearest service line. The customer is aware of the service boundary and is agreeable to the change. The structure is located in the South 1/2 of Section 24 in T117N - R53W in Codington County.
TODAY, shall the Commission Grant the Service Rights Exception?
On July 2, 2008, Xcel Energy and Central Electric Cooperative jointly filed for Commission approval of a service exception for Xcel Energy to provide service to one customer within the boundaries of Central Electric Cooperatives service territory. The customer approves of the request to the Commission for Xcel Energy to provide the service to a residence located in the NW 1/4 of the NW 1/4 of Section 17 of Clearwater Township T106N R55W in Miner County, South Dakota.
TODAY, shall the Commission Grant the Service Rights Exception?
Natural Gas
Application by Montana-Dakota Utilities Co. for approval to waive tariff provisions in order to implement an out of cycle surcharge adjustment and to modify the effective date for August and September Purchased Gas Adjustments. MDU is proposing to implement a new surcharge (true up) adjustment on August 1 instead of the tariffed annual date of October 1. The current surcharge adjustments were established in October 2007 and reflect an over recovery of gas costs for the firm customers. Montana-Dakota is now in the position of having an under recovery of gas costs for all classes except the Air Force and East River 100% load factor classes. In order to avoid adding to the under recovery, Montana-Dakota proposes to eliminate the current negative surcharge for the firm classes and implement a zero surcharge. The Air Force and East River 100% load factor rate classes currently reflect an over recovery of gas costs. Montana-Dakota proposes to eliminate the currently effective surcharges and implement a zero surcharge for these two classes also. The large interruptible class surcharge is currently a positive adjustment and it is proposed to continue that amortization. Montana-Dakota also requests a waiver from Section 2(a) of its Rate 88 and Rate 89 tariffs with less than 30 days notice, which specifies that the purchased gas cost adjustment be implemented on a bills rendered basis. Montana-Dakota is currently integrating its Automated Meter Reading (AMR) system and may be rerouting some meter read cycles to most efficiently use the AMR system. As a result, during the implementation period, affected customers may receive bills that are longer or shorter than the normal cycle of approximately 30 days. Montana-Dakota proposes to implement the purchased gas cost adjustment on a service rendered basis for bills submitted to customers in August and September in order to avoid potential effects on customers due to the longer or shorter billing cycles. As a result, customers' usage prior to August 1, 2008 will be billed at the rate established in June (also effective in July) and usage on and after August 1, 2008 will be billed at the cost of gas established in this filing.
TODAY, shall the Commission Approve the Waivers of Tariffs?
Rule Making
A public hearing was held in Room 464, 4th Floor, State Capitol, Pierre, South Dakota, on July 14, 2008, at 10:00 a.m., to consider the adoption and amendment of proposed rules numbered: 20:10:11:03, 20:10:11:04, 20:10:11:04.01, 20:10:11:06, 20:10:11:07, 20:10:11:08, 20:10:11:09, 20:10:11:09.01, 20:10:11:11, 20:10:11:12, 20:10:11:13, 20:10:11:18, 20:10:12:05, 20:10:12:08, 20:10:12:09, 20:10:12:10, 20:10:12:11, 20:10:12:12, 20:10:12:13, 20:10:12:14, 20:10:12:16, 20:10:12:17, 20:10:31:04 and 20:10:31:05. The proposed rules affect grain buyers, public warehouses, and the timing of the assessment of fees on pipeline operators.
TODAY, shall the Commission Adopt Final Rules?
Telecommunications
On October 11, 2006, the Commission received a filing for the approval of the Qwest Local Services Platform Agreement ("QLSP") between Qwest Corporation ("Qwest") and Granite Telecommunications, LLC ("Granite"). The agreement provides for Granite's purchase from Quest of mass market switching and shared transport elements that Granite may combine with local loops purchased from the separate interconnection agreement between Qwest and Granite. Despite Qwest's belief the QLSP agreement should not be subject to the filing obligations under Section 252 of the Telecommunications Act, Qwest filed the agreement in compliance with the Commission's Order dated October 29, 2004, in Docket TC04-144. The Commission approved the Agreement at its October 31, 2006, meeting. On December 15, 2006, Qwest filed a letter and Request for Reconsideration. The Commission granted the request for reconsideration at its May 6, 2008, meeting.
TODAY, shall the Commission Dismiss and Close the Docket?
On October 20, 2006, Sprint Communications L.P. filed a petition seeking authorization to provide local exchange services in the rural area served by Brookings Municipal Utilities d/b/a Swiftel Communications (Swiftel) in the Brookings rate center. On November 7, 2006, the South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention. Sprint filed Opposition to SDTA's Intervention on November 20, 2006. The Commission granted intervention to SDTA at its December 6, 2006, meeting. On January 11, 2008, a Joint Motion for Delay was filed by the Parties. The Joint Motion for Delay was granted at the January 8, 2008, commission meeting. On May 13, 2008, Sprint filed a Motion to Request the Commission Enter a Protective Order. The Commission granted the Motion for a Protective Order at its May 20, 2008, meeting. On June 26, 2008, Swiftel filed a Motion to Compel Responses and Production of Documents Addressed to Sprint Communications LP as Propounded by Swiftel. The Commission granted the Motion to Compel in part and amended the procedural scheduled at its July 14, 2008, Ad Hoc meeting. On July 21, 2008, Swiftel filed a Motion to Compel Redacted Portions of the Sprint/MCC Agreement. On July 22, 2008, Sprint filed a Motion to Consolidate Hearings.
TODAY, shall the Commission Grant the Motion to Compel? AND, shall the Commission Grant the Motion to Consolidate Hearings?
3. TC06-188 In the Matter of the Application of MCC Telephony of the Midwest, Inc. d/b/a Mediacom for a Certificate of Authority to Provide Interexchange and Local Exchange Services in the Brookings Exchange (Staff Analyst: Harlan Best, Staff Attorney: Kara Semmler)
On November 6, 2006, MCC Telephony of the Midwest, Inc. d/b/a Mediacom ("MCC") filed a petition for a certificate of authority to provide facilities-based and resold basic local exchange services. Services proposed will include non-switched, switched local services and special access services in the Brookings rural exchange area. Brookings Municipal Utilities d/b/a Swiftel Telecommunications (Swiftel) filed a Petition for Intervention on November 21, 2006. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on November 22, 2006. The Commission granted intervention to Swiftel and SDTA at its December 6, 2006, meeting. On January 11, 2008, a Joint Motion for Delay was filed by the Parties. The Joint Motion for Delay was granted at the January 8, 2008, commission meeting. On May 13, 2008, Sprint filed a Motion to Request the Commission Enter a Protective Order. The Commission granted the Motion for a Protective Order at its May 20, 2008, meeting. On June 26, 2008, Swiftel filed a Motion to Compel Responses and Production of Documents Addressed to Mediacom as Propounded by Swiftel. On July 9, 2008, Mediacom filed a Motion for Extension of Time to File Direct Testimony. The Commission granted the Motion to Compel in part, amended the procedural scheduled, and granted the motion for extension of time to file direct testimony at its July 14, 2008, Ad Hoc meeting. On July 21, 2008, Swiftel filed a Motion to Compel Redacted Portions of the Sprint/MCC Agreement. On July 21, 2008, a Motion to Consolidate Hearings was filed by Mediacom.
TODAY, shall the Commission Grant the Motion to Compel? AND, shall the Commission Grant the Motion to Consolidate?
4. TC06-189 In the Matter of the Application of MCC Telephony of the Midwest, Inc. d/b/a Mediacom for a Certificate of Authority to Provide Local Exchange Services in the Castlewood, Elkton, Estelline, Hayti, Lake Norden and White Exchanges. (Staff Analyst: Harlan Best, Staff Attorney: Kara Semmler)
On November 6, 2006, MCC Telephony of the Midwest, Inc. d/b/a Mediacom ("MCC") filed a petition for a Certificate of Authority to provide facilities-based and resold basic local exchange services. Services proposed will include non-switched, switched local services and special access services in the Castlewood, Elkton, Estelline, Hayti, Lake Norden, and White rural exchange areas. On November 10, 2006, Interstate Telecommunications Cooperative, Inc. (ITC) filed a Petition for Intervention. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on November 22, 2006. Intervention was granted to ITC at the November 28, 2006, Commission meeting. The Commission granted intervention to SDTA at its December 6, 2006, meeting. On January 11, 2008, a Joint Motion for Delay was filed by the Parties. The joint Motion for Delay was granted at the January 29, 2008 Commission meeting. On May 13, 2008, Sprint filed a Motion to Request the Commission Enter a Protective Order. The Commission granted the Protective Order at its May 20, 2008, meeting. On July 8, 2008, a Joint Motion for Delay was filed.
TODAY, shall the Commission Grant the Joint Motion for Delay?
5. TC07-007 In the Matter of the Petition of Brookings Municipal Utilities d/b/a Swiftel Communications for Suspension or Modification of Dialing Parity, Number Portability and Reciprocal Compensation Obligations. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
On January 30, 2007, Brookings Municipal Utilities d/b/a Swiftel Communications (Swiftel) filed a Petition for Suspension or Modification of Local Dialing Parity, Number Portability and Reciprocal Compensation Obligations. On February 12, 2007, Alltel Communications, Inc. (Alltel) and Sprint Communications Company, L.P. (Sprint) filed Petitions for Intervention. Midcontinent Communications (Midcontinent) filed a Petition to Intervene on February 14, 2007. South Dakota Network, LLC (SDN) filed a Petition to Intervene on February 15, 2007. On February 16, 2007, MCC Telephony of the Midwest, Inc. d/b/a Mediacom (Mediacom) filed a Petition to Intervene. SDTA filed a Petition to Intervene on February 16, 2007. On March 5, 2007, Swiftel filed its Opposition to the Petition to Intervene filed by Midcontinent. Intervention was granted to Midcontinent, SDN, Mediacom, and SDTA at the March 13, 2007, commission meeting. On July 9, 2007, the parties filed a Stipulation and requested a continuance of all deadlines for a period of seven months. The Commission approved the Stipulation and request for continuance of all deadlines at its August 7, 2007, meeting. A Stipulation for Continuance between Staff and the parties was filed on January 9, 2008. The Stipulation was approved at the February 26, 2008, commission meeting. A Motion to Compel Responses and Production of Documents Addressed to Midcontinent as Propounded by Swiftel was filed on July 7, 2008. On July 11, 2008, Alltel filed a Motion to Compel Discovery from Brookings Municipal Utilities. Swiftel filed Motions to Compel Responses and Production of Documents Addressed to Sprint, Alltel, and Mediacom on July 11, 2008.
TODAY, shall the Commission Grant the Motions to Compel?
On October 31, 2007, Midcontinent Communications (Midcontinent) filed a petition requesting to change its switched access rates. On July 14, 2008, Midcontinent filed a Motion to Amend its Petition.
TODAY, shall the Commission Grant the Motion to Amend?
On December 29, 2004, the Commission issued an order granting Sancom, Inc. d/b/a Mitchell Telecom a three year exemption from developing company specific cost-based intrastate switched access rates in accordance with ARSD 20:10:27:11. On December 28, 2007, Sancom filed a petition asking for an extension of that exemption. Additionally, Sancom is requesting to reduce its intrastate switched access rates to $0.115 per originating and terminating MOU, a decrease of $0.0075 from its current rates. On January 16, 2008, Qwest Communications Corporation (Qwest) filed a Petition for Leave to Intervene. A Petition for Intervention was filed on January 18, 2008, by AT&T Communications of the Midwest, Inc. (AT&T). Intervention was granted to Qwest and AT&T at the January 29, 2008, commission meeting. On June 17, 2008, Sancom filed a Motion to Quash Subpoenas, Interrogatories, and Data Requests. On June 25, 2008, Qwest filed a Response to Sancom's Motion to Quash. On July 1, 2008, Qwest filed a Supplement to Reply and a Motion to Take Judicial Notice.
TODAY, shall the Commission Grant the Motion to Quash? AND, shall the Commission Grant the Motion to Take Judicial Notice?
8. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC08-064, TC08-066, TC08-068, TC08-069, TC08-070, TC08-074, TC08-085, TC08-091 andTC08-092
TC08-064 In the Matter of the Request of James Valley Wireless, LLC for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Harlan Best/Terri LaBrie Baker, Staff Attorney: Karen Cremer)
On May 28, 2008, James Valley Wireless, LLC (JV Wireless) provided information constituting JV Wireless's plan for the use of its federal universal service support and to otherwise verify that JV Wireless 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 29, 2008, Midstate Telecom, Inc. (Midstate) provided information constituting Midstate's plan for the use of its federal universal service support and to otherwise verify that Midstate 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 29, 2008, RCC Minnesota, Inc. (RCC) provided information constituting RCC's plan for the use of its federal universal service support and to otherwise verify that RCC 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.
TC08-069 In the Matter of the Request of Wireless Alliance, LLC for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Harlan Best/Terri LaBrie Baker, Staff Attorney: Karen Cremer)
On May 29, 2008, Wireless Alliance, LLC (Wireless Alliance) provided information constituting Wireless Alliance's plan for the use of its federal universal service support and to otherwise verify that Wireless 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 29, 2008, Midcontinent Communications (Midcontinent) provided information constituting Midcontinent's plan for the use of its federal universal service support and to otherwise verify that Midcontinent 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.
TC08-074 In the Matter of the Request of Brookings Municipal Telephone d/b/a Swiftel Communications for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Harlan Best/Terri LaBrie Baker, Staff Attorney: Karen Cremer)
On May 30, 2008, Brookings Municipal Telephone d/b/a Swiftel Communications (Swiftel) provided information constituting Swiftel's plan for the use of its federal universal service support and to otherwise verify that Swiftel 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.
TC08-085 In the Matter of the Request of Knology of the Black Hills, LLC for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Harlan Best/Terri LaBrie Baker, Staff Attorney: Karen Cremer)
On May 30, 2008, Knology of the Black Hills, LLC (Knology) provided information constituting Knology's plan for the use of its federal universal service support and to otherwise verify that Knology 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.
TC08-091 In the Matter of the Request of Red River Rural Telephone Association for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Harlan Best/Terri LaBrie Baker, Staff Attorney: Karen Cremer)
On June 2, 2008, Red River Rural Telephone Association (Red River) provided information constituting Red River's plan for the use of its federal universal service support and to otherwise verify that Red 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.
TC08-092 In the Matter of the Request of Fort Randall Telephone Company for Certification Regarding its Use of Federal Universal Service Support. (Staff Analysts: Harlan Best/Terri LaBrie Baker, Staff Attorney: Karen Cremer)
On June 2, 2008, Fort Randall Telephone Company (Fort Randall) provided information constituting Fort Randall's plan for the use of its federal universal service support and to otherwise verify that Fort Randall 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?
On May 30, 2008, Qwest Corporation (Qwest) provided information constituting Qwest's plan for the use of its federal universal service support and to otherwise verify that Qwest 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? AND, shall the Commission Provide a Certification that Qwest is Offering Rates Comparable to Other Carriers?
On June 10, 2008, Norlight Telecommunications, Inc. ("Norlight") filed an application for a certificate of authority to provide resold and facilities-based local exchange and exchange access services in the State of South Dakota. Norlight plans to provide these services throughout the service territory of Qwest Corporation.
TODAY, shall the Commission Grant a Certificate of Authority to Norlight Telecommunications, Inc?
11. TC08-096 In the Matter of the Filing for Approval of an Interconnection Agreement between Qwest Corporation and XO Communications, Inc. (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Kara Semmler)
On June 19, 2008, the Commission received a filing for the approval of an Interconnection Agreement between Qwest Corporation and XO Communications, Inc.
TODAY, shall the Commission Approve the Interconnection Agreement?
12. In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement in Dockets TC08-097 and TC08-098
TC08-097 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Level 3 Communications, LLC. (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Kara Semmler)
On June 19, 2008, the Commission received a filing for approval of an Agreement Term Extension and Triennial Review Order/Triennial Review Remand Order (TRO/TRRO) Amendment to the Interconnection Agreement between Qwest Corporation and Level 3 Communications, LLC for the State of South Dakota.
On June 20, 2008, the Commission received a filing for approval of an Unbundled Network Elements (UNEs) and Common Area Splitter Collocation Amendment to the Interconnection Agreement between Qwest Corporation and Bullseye Telecom, Inc. for the State of South Dakota.
TODAY, shall the Commission Approve the Amendments to Interconnection Agreements in the Above Referenced Dockets?
Announcements
- The next regularly scheduled Commission meeting will be held August 12, 2008, at 9:30 a.m. in Floyd Mathew Training Center, 523 E Capitol Ave, Joe Foss Building, Pierre, SD.
- Commission meetings are scheduled for September 9 and September 23, 2008.
- 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 Matthew 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
July 23, 2008
