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South Dakota Public Utilities Commission Meeting
October 7, 2008, at 9:30 A.M.
Room 423, 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 October 6, 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.  

NOTE:  To listen to the Commission Meeting live please go to the PUC's Web site www.puc.sd.gov and click on the LIVE button on the home page. The Commission requests that persons who will only be listening to proceedings and not actively appearing in a case listen via the web cast to free phone lines for those who have to appear.  The Commission meetings are archived on the PUC's Web site under the Commission Actions tab and then click on the LISTEN button on the page.

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

Administration

  1. Approval of the Minutes of the Ad Hoc Commission Meeting Held on July 14, 2008 (Staff:  Demaris Axthelm) 

Consumer Reports

  1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission.  (Consumer Affairs:  Deb Gregg)

 Electric

1.      EL07-035        In the Matter of the Petition of Northern States Power Company Regarding the Accounting Treatment for Nuclear Refueling Outage Costs. (Staff Analysts: Dave Jacobson/Brian Rounds, Staff Attorney: Karen Cremer)

         On December 5, 2007, Northern States Power Company d/b/a Xcel Energy filed a petition with the Commission seeking a decision regarding a proposed accounting method for planned refueling outages at three nuclear plants. Xcel is seeking to change from direct-expense accounting to a deferral-and-amortization method. Xcel is also seeking confidential treatment of its Forecast Outage Refueling Schedule and Amortization of Reload O&M Costs.

         TODAY, what is the Commission's Decision Regarding a Proposed Accounting Method for Planned Refueling Outages at Three Nuclear Plants?

2.      EL08-026        In the Matter of the Joint Request for an Electric Service Rights Exception between Sioux Valley Energy and Central Electric Cooperative, Inc. (Staff Analysts: Dave Jacobson/Jon Thurber, Staff Attorney: Karen Cremer)

         Application by Sioux Valley Southwestern Electric Cooperative, Inc. (SVE) and Central Electric Cooperative, Inc. (CEC) for approval of a territory exception which would allow CEC to provide electric service to a new rural service in SVE's territory in the Northwest quarter of Section 7, Township 105 North, Range 54 West, in Lake County, South Dakota.

         TODAY, shall the Commission Grant the Service Rights Exception between Sioux Valley Energy and Central Electric Cooperative, Inc.?

3.      EL08-027        In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions. (Staff Analysts: Dave Jacobson/Jon Thurber, Staff Attorney: Kara Semmler)

         Application by Montana-Dakota Utilities Co. for approval to change the effective date of the Fuel Clause Adjustment tariff from bills rendered to a service rendered basis. Montana-Dakota is in the process of integrating its Automated Meter Reading (AMR) system. To avoid potential effects on customers resulting from billing periods longer or shorter than normal, Montana-Dakota proposes to implement its FCA on a service rendered basis. An additional advantage of a service rendered FCA is that it will provide for an equitable sharing of costs among all customers, regardless of their meter read cycle.

         TODAY, shall the Commission Approve the Tariff Revisions?

Natural Gas

1.      NG08-008       In the Matter of the Filing by Montana-Dakota Utilities Co., for Approval of Tariff Revisions. (Staff Analysts: Dave Jacobson/Jon Thurber, Staff Attorney: Karen Cremer)

         Application by Montana-Dakota Utilities Co. for Commission approval to change the effective date of purchased gas adjustment tariff(s) from bills rendered to a service rendered basis. The change will in effect pro-rate purchased gas costs to the respective portion of each month a billing period represents.

         TODAY, shall the Commission Approve the Tariff Revisions?

Telecommunications

1.      TC08-105        In the Matter of the Application of Midcontinent Communications for Approval to Provide Local Exchange Service in a Rural Service Area (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Karen Cremer)

         On August 14, 2008, Midcontinent Communications (Midcontinent) filed an application to amend its certificate of authority to provide local exchange service in the Crooks and Baltic exchanges of Alliance Communications (Alliance), a rural telecommunications carrier. In the Crooks and Baltic exchanges Midcontinent will use Alliance resold services for residential telephone services. In addition to providing local exchange services for commercial and residential customers, Midcontinent also will provide intrastate interexchange services for commercial and residential customers and interstate interexchange services for commercial and residential customers.  In the Crooks and Baltic exchanges Midcontinent Communications will use a hybrid fiber coax (HFC) network of its cable plant to provide primary transport for residential and commercial telephone services. This application is a competitive response to the provision of video programming in the geographical area by the incumbent carrier, Alliance.  Section 47 U.S.C. 251(f)(1)(C) is applicable to the application. As such, the exemption provided by 47 U.S.C. 251(f)(1)(A) does not apply to Alliance. Midcontinent has requested interconnection pursuant to 47 U.S.C. Section 251(f)(1)(A) with Alliance, requests confidential treatment of its financial information, and requests a waiver from providing services to the entire Alliance service area to provide local exchange service in the Baltic and Crooks exchanges of Alliance.  Alliance filed a Petition to Intervene and for Exemption Pursuant to 47 USC Chapter 251(f). On September 5, 2008, the South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene.  Alliance was granted intervention at the September 23, 2008, commission meeting. Midcontinent filed its Opposition to SDTA's Petition to Intervene on September 22, 2008.

         TODAY, shall the Commission Grant Intervention to any Parties that May Have Filed?

2.      TC08-108        In the Matter of the Application of Pulse Telecom LLC for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota. (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Kara Semmler)

         On August 29, 2008, Pulse Telecom, LLC filed an application for a certificate of authority to provide interexchange telecommunication services in the State of South Dakota.  Pulse Telecom, LLC plans to provide resold interexchange services throughout the State of South Dakota.

         TODAY, shall the Commission Grant a Certificate of Authority to Pulse Telecom LLC?

3.      TC08-109        In the Matter of the Application of Native American Telecom, LLC for a Certificate of Authority to Provide Local Exchange Service on the Pine Ridge Indian Reservation. (Staff Analysts: Bob Knadle/Terri LaBrie Baker, Staff Attorney: Karen Cremer)

         On September 9, 2008, Native American Telecom, LLC filed an application for a certificate of authority to provide local exchange telecommunications services on the Pine Ridge Indian Reservation in the State of South Dakota. Native American Telecom, LLC plans to provide facility based services using advanced wireless technologies and/or fiber optic and other wireline technology. Intervention was filed by Great Plains Communications on September 25, 2008. Golden West Telecommunications Cooperative, Fort Randall Telephone Company, and the South Dakota Telecommunications Association filed Petitions for Intervention on September 26, 2008.

         TODAY, shall the Commission Grant Intervention to any Parties that May Have Filed?

4.      TC08-110        In the Matter of the Application of Native American Telecom, LLC for a Certificate of Authority to Provide Local Exchange Service on the Crow Creek Indian Reservation. (Staff Analysts: Bob Knadle/Terri LaBrie Baker, Staff Attorney: Karen Cremer)

         On September 9, 2008, Native American Telecom, LLC filed an application for a certificate of authority to provide local exchange telecommunications services on the Crow Creek Indian Reservation in the State of South Dakota. Native American Telecom, LLC plans to provide facility based services using advanced wireless technologies and/or fiber optic and other wireline technology.  Petitions for Intervention were filed by Midstate Communications, Venture Communications Cooperative, and the South Dakota Telecommunications Association on September 26, 2008.

         TODAY, shall the Commission Grant Intervention to any Parties that May Have Filed?

5.      TC08-112        In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and MCImetro Access Transmission Services. LLC. (Staff Attorney: Kara Semmler)

         On September 10, 2008, the Commission received a filing for approval of an Originated Toll Free Service Jointly Provided Switched Access (JPSA) Amendment to the Interconnection Agreement between Qwest Corporation and MCImetro Access Transmission Services, LLC for the State of South Dakota. 

TODAY, shall the Commission Approve an Amendment to the Interconnection Agreement?

Announcements

  1. The next regularly scheduled Commission meeting will be held October 21, 2008, at 9:30 a.m. in Room 423 of the State Capitol Building, Pierre, SD.
  2. Commission meetings are scheduled for November 12 and 25, 2008.
  3. The Public Utilities Commission offices will be closed Monday, October 13, 2008, in observance of Native American Day.
  4. Commissioners and Staff will be attending the Regional Oversight Committee meetings in Scottsdale, AZ, October 14 – 15, 2008.
  5. Commissioners and Staff will be attending the NARUC fall meetings in New Orleans, LA, November 16 – 19, 2008.
  6. The Public Utilities Commission offices will be closed Tuesday, November 11, 2008, in observance of Veterans Day.
  7. The Public Utilities Commission offices will be closed Thursday, November 27, 2008, in observance of Thanksgiving.

 

       /S/ Heather K. Forney      _
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
September 30, 2008