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South Dakota Public Utilities Commission Meeting
August 12, 2008, at 9:30 A.M.
Visitors Center
650 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 August 11, 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)
Administration
Pursuant to SDCL 49-43-7 the Public Utilities Commission is required to investigate from time to time, the cost of receiving, handling, redelivering and storing grain by public grain warehouses licensed with the commission. The Commission last reviewed these costs and set rates in 1997/98.
TODAY, shall the Commission Open a Docket to Investigate the Costs Associated with Receiving, Handling, Storing and Redelivering Grain?
Electric
1. EL08-004 In the Matter of the Filing by Basin Electric Power Cooperative, Inc. Regarding its Notification of Intent to Apply for a Permit for an Energy Conversion Facility (Staff Analysts: Nathan Solem/Brian Rounds/Bob Knadle, Staff Attorney: Karen Cremer)
On February 20, 2008, Basin Electric Power Cooperative, Inc. (Basin) filed a Notice of Intent to submit an application for a permit for an energy conversion facility. The proposed facility is a 700-MW baseload energy conversion facility and associated linear facilities (i.e., electric transmission lines and water pipeline) in South Dakota referred to as the NextGen Project. The proposed site for the energy conversion facility is located in Walworth County, approximately 2.75 miles to the west of Selby. The energy conversion facility would be located on a greenfield (i.e., undeveloped) site of approximately 600 acres within a 2,360-acre plant site. Preliminary electric system interconnection studies performed by Basin Electric indicates that approximately 40 miles of 230 kV transmission line between Basin's existing Broadland Substation, approximately 3 miles west of Huron, and Basin's existing Storla Substation, approximately 10 miles southwest of Woonsocket, would also be required. The Affected Area and Local Review Committee were established at the March 11, 2008, commission meeting. On July 28, 2008, Basin filed a request that the Commission allow the filing of all data, exhibits, and related testimony in support of its application at a date mutually agreed upon by the PUC staff, Basin, and the Intervenors.
TODAY, shall the Commission Grant Basin's Request?
2. EL08-010 In the Matter of the Application of East River Electric Power Cooperative, Inc. for a Permit to Construct approximately 13 miles of 115 kV Transmission Line. (Staff Analysts: Dave Jacobson/Brian Rounds, Staff Attorney: Kara Semmler)
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. The Application for Party Status was approved at the April 22, 2008, commission meeting.
TODAY, shall the Commission Approve the Stipulation? And, shall the Commission Approve the Construction Permit?
On July 17, 2008, Codington-Clark Electric Cooperative, Inc. and H-D Electric Cooperative, Inc. jointly filed for Commission approval of a service exception for H-D Electric Cooperative, Inc. to provide service to one customer within the boundaries of Codington-Clark Electric Cooperative, Inc. service territory. The customer approves the request to the Commission for H-D Electric to provide the service to a dairy located in the South Half of Section 25, T117N, R51W of the 5th P.M., Codington County, South Dakota.
TODAY, shall the Commission Grant the Service Rights Exception?
On July 21, 2008, Northwestern Energy and B Y Electric jointly filed for Commission approval of a service exception for B Y Electric to provide service to one customer within the boundaries of NorthWestern Energy's service territory. The customer approves the request to the Commission for B Y Electric to provide the service to a proposed irrigation well located in the approximate center of the SW 1/4 of the NW 1/4 of Section 33, Township 94 West, Range 55 West, Yankton County, South Dakota.
TODAY, shall the Commission Grant the Service Rights Exception?
Pipeline Safety
1. PS07-002 In the Matter of the Filing of the Investigation of the Natural Gas Incident of March 8, 2007 on NorthWestern Energy's System in Mitchell, South Dakota. (Staff Analyst: Nathan Solem, Staff Attorney: Kara Semmler)
On July 13, 2007, the Commission Staff requested that a formal docket be opened into the ongoing investigation into the March 8, 2007, natural gas explosion at 1612 Bridle Drive, Mitchell, South Dakota, to initiate a formal process for review of the investigation report. On July 23, 2007, Arden Lemke d/b/a Lemke Digging & Geothermo Drilling filed a Petition for Intervention. Dennis Burham filed a Petition to Intervene on July 24, 2007. Robert & Jeanne Lorenz filed a Petition for Intervention on July 25, 2007. Ann & Arend Kuyper, Darla & Carl Johnson, and Bailey's Plumbing filed Petitions for Intervention on July 27, 2007. Intervention was granted to all parties at the August 7, 2007, commission meeting. American Family Insurance filed a Petition for Intervention on August 7, 2007. . On May 23, 2008 staff filed a Pipeline Safety Report with the Commission. On June 16, 2008 NorthWestern filed a response to staff's report. June 30, 2008 staff filed a motion to close the docket.
TODAY, shall the Commission Close the Docket?
Telecommunications
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. A Settlement Stipulation was filed on July 21, 2008. On July 29, 2008, the Commission considered Sancom's Motion to Quash and deferred action.
TODAY, shall the Commission grant Sancom's Motion to Quash? And, shall the Commission grant Qwest's Motion to Take Judicial Notice? And, shall the Commission Approve the Settlement Stipulation?
2. 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, TC08-084, TC08-085, TC08-091, TC08-092 and TC08-094
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.
On May 30, 2008, Knology Community Telephone, Inc. (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.
TC08-085 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.
On June 2, 2008, WWC License LLC d/b/a Alltel Communications, LLC (Alltel) provided information constituting Alltel's plan for the use of its federal universal service support and to otherwise verify that Alltel 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?
4. TC08-099 In the Matter of the Application of NexUSTel, LLC for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota. (Staff Analysts: Terri LaBrie Baker/Dave Jacobson, Staff Attorney: Kara Semmler)
On June 24, 2008, NexUSTel, LLC filed an application for a certificate of authority to provide resold interexchange telecommunication services in the State of South Dakota. NexUSTel, LLC plans to provide these services throughout the State of South Dakota.
TODAY, shall the Commission Grant a Certificate of Authority to NexUSTel, LLC?
5. TC08-100 In the Matter of the Application of BLC Management LLC d/b/a Angles Communication Solutions for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota. (Staff Analysts: Bob Knadle/Terri LaBrie Baker, Staff Attorney: Kara Semmler)
On July 2, 2008, BLC Management LLC d/b/a Angles Communication Solutions (ACS) filed an application for a certificate of authority with the Public Utilities Commission. ACS's application is for authority to provide resold and facilities-based local exchange telecommunications services throughout the service territory of Qwest Corporation and resold interexchange telecommunications services throughout the State of South Dakota. ACS requests confidential treatment of its financial information.
TODAY, shall the Commission Grant a Certificate of Authority to BLC Management LLC d/b/a Angles Communication Solutions?
6. TC08-101 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and 360Networks (USA) (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Kara Semmler)
On July 18, 2008, the Commission received a filing for approval of a Transit Rate Calculation Amendment to the Interconnection Agreement between Qwest Corporation and 360Networks (USA), Inc. for the State of South Dakota. 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 August 7, 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?
Announcements
- The next regularly scheduled Commission meeting will be held September 9, 2008, at 9:30 a.m. in the Floyd Matthew Training Center, 523 E Capitol Ave, Joe Foss Building, Pierre, SD.
- Commission meetings are scheduled for September 23 and October 7, 2008.
- A hearing in 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 public meeting in docket EL08-016 will be held August 7, 2008, at the American Legion, 283 Main Street, Chancellor, SD. The meeting will begin at 6:00 p.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.
- A hearing in docket TC07-007 will be held August 26 – 28, 2008, in the Capital Lake Visitors Center, 650 E. Capitol Avenue, Pierre, SD. The hearing will begin at 8:30 a.m. on August 26.
- A hearing in dockets TC08-006 through TC08-027 will be held September 4 – 5, 2008, at the Floyd Matthew Training Center, 523 E Capitol Ave, Joe Foss Building, Pierre, SD. The hearing will begin at 9:00 a.m. on September 4.
/S/ Heather K. Forney _
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
August 5, 2008
