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South Dakota Public Utilities Commission Meeting
September 9, 2008, at 9:30 A.M.
Room 464, 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 September 8, 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
Administration
1. Approval of the Minutes of the Commission Meetings Held on May 20 and June 10, 2008. (Staff: Demaris Axthelm)
Consumer Reports
- Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Electric
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. An additional workshop was held on June 25, 2008. Commission Staff filed a final report on July 29, 2008.
TODAY, shall the Commission Close the Docket and Open a Rulemaking Docket?
On July 7, 2008, East River Electric Power Cooperative, Inc. (East River) filed a request for a declaratory ruling as to whether East River is required to have a siting permit per SDCL 49-41B from the Commission for a proposed 115 kV Transmission Line. Specifically, East River requests a ruling on whether a 115 kV transmission line generally running parallel to the road right-of-way and designed to site the poles in two locations, i.e., on the private side and on the public side alongside the road right-of-way line, with the poles located to generally touch the road right-of-way, meets the standard of following section lines, property lines, roads, highways or railroads contained in SDCL 49-41B-2.1(2). East River recently filed applications for two such lines: EL08-010 and EL08-016. On August 25, 2008, East River filed a Request for Extension. An Extension was granted at the August 28, 2008, Ad Hoc Commission Meeting.
TODAY, shall the Commission Issue a Declaratory Ruling?
3. EL08-023 In the Matter of the Joint Request for an Electric Service Rights Exception between Sioux Valley Energy and Xcel Energy. (Staff Analysts: Dave Jacobson/Jon Thurber, Staff Attorney: Kara Semmler)
Application for approval of a service territory exception which would allow Xcel Energy to serve a customer facility located in Sioux Valley Energy's service territory. The customer facility is located in the NW 1/4 of Section 19 of Farmington Township, T107N R53W in Lake County, South Dakota.
TODAY, shall the Commission Approve the Joint Request for an Electric Service Rights Exception?
Natural Gas
Application by Montana-Dakota Utilities Co. for approval of tariff revisions concerning its Gas Service Order. The Gas Service Order has been revised to reflect the elimination of the practice of offering new customers the option of installing an excess flow valve (EFV). As of June 1, 2008, in compliance with the United States Department of Transportation Regulations under the Natural Gas Pipeline Safety Act, as set forth in Title 49 of the Code of Federal Regulations, Part 192, EFVs will be installed as standard construction practice on residential services under certain circumstances.
TODAY, shall the Commission Approve the Tariff Revisions?
Telecommunications
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. At its August 12, 2008, meeting, the Commission granted to Motion to Consolidate Hearings and granted the Motion to Compel in part. On August 19, 2008, Swiftel filed a Motion to Withdraw from the Dockets. SDTA filed a letter withdrawing intervention on August 21, 2008. The Commission granted intervention withdrawal to Swiftel and SDTA at its August 28, 2008, Ad Hoc Commission Meeting.
TODAY, shall the Commission Grant a Certificate of Authority to Sprint Communications Company LP?
2. 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: Jon Thurber, 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. At its August 12, 2008, meeting, the Commission granted to Motion to Consolidate Hearings and granted the Motion to Compel in part. On August 19, 2008, Swiftel filed a Motion to Withdraw from the Dockets. SDTA filed a letter withdrawing intervention on August 21, 2008. The Commission granted intervention withdrawal to Swiftel and SDTA at its August 28, 2008, Ad Hoc Commission Meeting.
TODAY, shall the Commission Grant a Certificate of Authority to MCC Telephony of the Midwest, Inc. d/b/a Mediacom?
On October 5, 2007, Staff filed a Motion for Order to Show Cause against Reduced Rates Long Distance based on twenty-three consumer complaints of cramming and slamming activity by Reduced Rates. Staff alleges Reduced Rates Long Distance changed consumer long distance providers and/or added fees to consumer bills through deceptive practices and without proper authorization. On October 10, 2007, Midcontinent Communications (Midcontinent) filed a Petition to Intervene. Intervention was granted to Midcontinent at the December 18, 2007, commission meeting. On December 27, 2007, a Petition to Intervene was filed by PrairieWave Black Hills, LLC and PrairieWave Telecommunications, Inc. (Knology). Intervention was granted to Knology at the January 15, 2008, commission meeting. On May 20, 2008, Knology filed a Petition to Withdraw from the docket. The Commission granted the Petition to Withdraw to Knology at its May 28, 2008, Ad Hoc Commission Meeting.
TODAY, shall the Commission Approve the Consent Order and Close the Docket?
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 Approve the Settlement Stipulation?
5. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC08-074, TC08-084, and TC08-085
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 Analyst: 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.
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 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. The Commission granted intervention to SDTA at its June 24, 2008, commission meeting.
TODAY, shall the Commission Dismiss and Close the Docket?
On August 8, 2008, the Commission received a filing for the approval of an Interconnection Agreement between Qwest Corporation and Kentucky Data Link, 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 August 28, 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 Interconnection Agreement?
On August 11, 2008, Swiftel Communications filed a petition to partially relinquish its designation as an Eligible Telecommunications Carrier (ETC). Swiftel previously provided services required as a designated ETC through an agreement with Sprint. The agreement with Sprint will expire in March 2009. Affected service areas will no longer be served by Swiftel. Swiftel requests therefore, to amend the scope of its ETC designation so as to exclude the areas it will no longer serve.
TODAY, shall the Commission Approve of Brookings Municipal Utilities d/b/a Swiftel Communications Partial Relinquishment of its Designation as an Eligible Telecommunications Carrier?
Announcements
- The next regularly scheduled Commission meeting will be held September 23, 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 October 7 and October 21, 2008.
/S/ Heather K. Forney _
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
September 3, 2008
