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South Dakota Public Utilities Commission Meeting
October 21, 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 20, 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
- Approval of the Minutes of the Commission Meeting Held on June 24, 2008 (Staff: Demaris Axthelm)
Consumer Reports
- Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Consumer Complaints
1. In the Matter of the Complaints Filed by Gary Loudner in Dockets CE08-001, CT08-003, CT08-004, CT08-005 and CT08-006.
1. CE08-001 In the Matter of the Complaint filed by Gary Loudner, Black Hawk, South Dakota, against Black Hills Corporation Regarding Electrical Outages. (Staff Analysts: Dave Jacobson/Deb Gregg, Staff Attorney: Kara Semmler)
Complaint by Mr. Gary Loudner against Black Hills Power. The Complainant alleges the power outage affected his telephone service. The Complainant requires constant, uninterrupted service due to health problems. Commission Staff filed a request to schedule a Motion to Dismiss on October 12, 2008.
2. CT08-003 In the Matter of the Complaint filed by Gary Loudner, Black Hawk, South Dakota, against Midcontinent Communications Regarding Telephone Outages. (Staff Analysts: Dave Jacobson/Deb Gregg, Staff Attorney: Kara Semmler)
Complaint by Mr. Gary Loudner against Midcontinent Communications. The Complainant alleges he did not have telephone services for a period of time, and as a result Midcontinent Communication's certificate of authority should be revoked. Commission Staff filed a request to schedule a Motion to Dismiss on October 12, 2008.
3. CT08-004 In the Matter of the Complaint filed by Gary Loudner, Black Hawk, South Dakota, against Qwest Corporation Regarding Telephone Outages. (Staff Analysts: Dave Jacobson/Deb Gregg, Staff Attorney: Kara Semmler)
Complaint by Mr. Gary Loudner against Qwest Corporation. The Complainant alleges Qwest's E911 services were out as a result of a power outage. Due to medical problems, the Complainant needs access to emergency services at all times. Commission Staff filed a request to schedule a Motion to Dismiss on October 12, 2008.
4. CT08-005 In the Matter of the Complaint filed by Gary Loudner, Black Hawk, South Dakota, against SDN Communications Regarding Telephone Outages. (Staff Analysts: Dave Jacobson/Deb Gregg, Staff Attorney: Kara Semmler)
Complaint by Mr. Gary Loudner against SDN Communications regarding a November 13, 2007 service outage. Commission Staff filed a request to schedule a Motion to Dismiss on October 12, 2008.
5. CT08-006 In the Matter of the Complaint filed by Gary Loudner, Black Hawk, South Dakota, against Golden West Telecommunications Cooperative Regarding Telephone Outages. (Staff Analysts: Dave Jacobson/Deb Gregg, Staff Attorney: Kara Semmler)
Complaint by Mr. Gary Loudner against Golden West Telecommunications Cooperative regarding a November 13, 2007 service outage. Commission Staff filed a request to schedule a Motion to Dismiss on October 12, 2008.
Today, shall the Commission Grant Staff's request to hear Motions to Dismiss at the November 12, 2008 Commission Meeting in the above referenced Dockets?
Electric
1. EL08-001 In the Matter of the Application of Xcel Energy for a Permit to Construct 6.5 Miles of 115 Kv Transmission Line and Associated Modifications to the Brookings Substation (Staff Analysts: Bob Knadle/Brian Rounds, Staff Attorney: Karen Cremer)
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. The Commission granted Xcel's Motion to Extend Final Approval Deadline. On October 14, 2008, Xcel filed a second Motion to Extend Final Approval Deadline.
TODAY, shall the Commission Grant the Second Motion to Extend Final Approval Deadline?
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. On October 10, 2008, Commission staff filed a request to reopen the docket and filed an amended Safety Report.
TODAY, shall the Commission reopen the Docket and accept Staff's Amended Safety Report?
2. PS08-001 In the Matter of the Filing of the Investigation of the Natural Gas Incident of February 20, 2008, on Montana-Dakota Utilities Co.'s System in Pierre, South Dakota. (Staff Analyst: Nathan Solem, Staff Attorney: Kara Semmler)
On April 3, 2008, Commission Staff requested a formal docket be opened regarding an ongoing investigation into the February 20, 2008, natural gas incident in Pierre, South Dakota. A report, including Staff recommendation regarding whether all pipeline safety rules were properly observed, will be filed for Commission approval at the conclusion of Staff's investigation. The South Dakota Intra State Pipeline Company (SDIP) filed a Petition for Intervention on April 21, 2008. Montana Dakota Utilities (MDU) filed a Petition for Intervention on April 23, 2008. Intervention was granted to MDU and SDIP at the May 6, 2008, commission meeting. On September 3, 2008, Staff filed an addendum to their initial report. MDU filed a Request for Access to Confidential Information on October 7, 2008.
TODAY, shall the Commission Approve the request for confidential information And how shall the Commission Proceed regarding the supplemental data filed by staff?
Telecommunications
1. In the Matter of the Petitions for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended in Dockets TC08-006, TC08-007, TC08-008, TC08-009, TC08-010, TC08-011, TC08-012, TC08-013, TC08-014, TC08-015, TC08-016, TC08-017, TC08-018, TC08-019, TC08-020, TC08-021, TC08-022, TC08-023, TC08-024, TC08-025, TC08-026, and TC08-027.
TC08-012 In the Matter of the Petition of RC Communications, Inc., and Roberts County Telephone Cooperative Association for Suspension or Modification of 47 U.S.C. Section 251(b) (2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-018 In the Matter of the Petition of Union Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
TC08-019 In the Matter of the Petition of Armour Independent Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analysts: Terri LaBrie Baker/Jon Thurber, Staff Attorney: Rolayne Ailts Wiest)
On February 8, 2008, each of the above-named petitioners (Petitioners) filed a petition with the Commission for a suspension and modification of the number portability requirement in Section 251(b) (2) of the Communications Act of 1934, as amended. On April 8, 2008, the Commission issued Orders Granting Intervention in each of the above dockets granting intervention in one or more of the above dockets to: Midcontinent Communications; Alltel Communications LLC; Verizon Wireless LLC, CommNet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless; the South Dakota Telecommunications Association; MCC Telephony of the Midwest, Inc. d/b/a Mediacom; and Sprint Communications Company L.P. On June 26, 2008, the Petitioners filed a joint Motion for Modification of the Stipulation for Procedural Schedule (Motion). On June 27, 2008, Alltel filed an Opposition to the Motion for Modification of the Stipulation. The Petitioners filed a Stipulation on July 17, 2008. On July 30, 2008, the Petitioners filed a Request for Further Temporary Suspension. At its August 6, 2008, Ad Hoc meeting, the Commission granted a further temporary suspension. A Stipulation was filed on October 3, 2008.
TODAY, shall the Commission Approve the Stipulation?
2. 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 Analyst: 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. Qwest was denied intervention at the June 24, 2008, commission meeting. On October 2, 2008 Midcontinent filed a Motion to Dismiss with Prejudice.
TODAY, shall the Commission Grant the Motion to Dismiss and close the Docket?
3. TC08-111 In the Matter of the Application of Network Innovations, Inc. for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota. (Staff Analysts: David Jacobson/Tim Binder, Staff Attorney: Kara Semmler)
Application by Network Innovations, Inc. for a Certificate of Authority to Provide Interexchange Telecommunications Service in the State of South Dakota. Applicant is a reseller of telecommunications services which provides resold dedicated point-to-point private line service and dedicated Internet access to business customers only. Applicant intends to operate through larger carriers now serving the State of South Dakota through SDPUC approved interconnection agreements.
TODAY, shall the Commission Grant a Certificate of Authority to Network Innovations, Inc.?
4. TC08-113 In the Matter of the Application of Midstate Telecom, Inc. for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota. (Staff Analysts: Bob Knadle/Tim Binder, Staff Attorney: Kara Semmler)
On September 12, 2008, Midstate Telecom, Inc. (MTI) filed an application for a certificate of authority to provide interexchange telecommunications services in the exchanges served by Qwest throughout South Dakota. MTI requests confidential treatment of its financial information.
TODAY, shall the Commission Grant a Certificate of Authority to Midstate Telcom, Inc.?
Announcements
- The next regularly scheduled Commission meeting will be held November 12, 2008 at 9:30 a.m. in Room 464 of the State Capitol Building, Pierre, SD.
- Commission meetings are scheduled for November 25 and December 9, 2008.
- Commissioners and Staff will be attending the NARUC fall meetings in New Orleans, LA, November 16 – 19, 2008.
- The Public Utilities Commission offices will be closed Tuesday, November 11, 2008, in observance of Veterans Day.
- The Public Utilities Commission offices will be closed Thursday, November 27, 2008, in observance of Thanksgiving.
- The PUC offices will be closed Thursday, December 25, 2008, in observance of Christmas.
/S/ Heather K. Forney
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
October 14, 2008
