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South Dakota Public Utilities Commission Meeting
November 12, 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 November 10, 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
Administration
- Approval of the Minutes of the Commission Meetings Held on July 8, July 29, August 12, September 9, September 23, and October 7, 2008; and Approval of the Minutes of the Ad Hoc Commission Meetings Held on August 6 and August 28, 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.
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. On October 2, 2008, Staff filed a request that the Commission hear a Motion to Dismiss at its November 12, 2008, meeting.
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. On October 2, 2008, Staff filed a request that the Commission hear a Motion to Dismiss at its November 12, 2008, meeting.
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. On October 2, 2008, Staff filed a request that the Commission hear a Motion to Dismiss at its November 12, 2008, meeting.
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. On October 2, 2008, Staff filed a request that the Commission hear a Motion to Dismiss at its November 12, 2008, meeting.
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. On October 2, 2008, Staff filed a request that the Commission hear a Motion to Dismiss at its November 12, 2008, meeting.
TODAY, shall the Commission Grant Staff's Motion to Dismiss or Motions for Summary Judgment in the Above Referenced Dockets?
Electric
On October 31, 2008, Buffalo Ridge II LLC a subsidiary of Iberdrola Renewables, Inc., submitted an application for an Energy Conversion Facility Permit for the Construction of the Buffalo Ridge II Wind Farm and Associated Collection Substation and Electric Interconnection System. The applicant proposes to construct and operate a wind farm on up to 77 acres dispersed throughout portions of up to 77 sections of land in Brookings and Deuel County as well as a 13-mile long 115 kilovolt overhead transmission line. The proposed wind farm could have a name plate capacity of up to 306 megawatts.
TODAY, shall the Commission Assess a Filing Fee Not to Exceed $250,000 with an Initial Deposit of $8,000?
Gas & Electric
Application by MidAmerican Energy for approval of its new customer information Welcome booklet pursuant to South Dakota Administrative Rule 20:10:16:02. MidAmerican is submitting a single Welcome booklet which will replace separate residential and commercial pamphlets previously used. MidAmerican requests an approval date of October 21, 2008.
TODAY, shall the Commission Approve the Revised Customer Information Booklet?
Pipeline Safety
1. PS07-001 In the Matter of the Filing by Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. for Approval of Waiver (Staff Analyst: Nathan Solem, Staff Attorney: Kara Semmler)
On January 18, 2007, the Commission received for approval a filing from Montana-Dakota Utilities Co. (MDU) requesting a waiver of a portion of 49 CFR Part 192.479 and 192.481(a). MDU requests a specific waiver of Part 192.481(a) to allow atmospheric corrosion inspection frequency at least once every 4 calendar years, but with intervals not to exceed 51 months. Section 192.481 subsection (a) requires inspection of onshore pipe exposed to atmosphere for evidence of corrosion at least once every 3 calendar years, but with intervals not exceeding 39 months. This waiver would apply to exposed natural gas pipelines according to Part 192.479.
TODAY, shall the Commission Approve the Waiver?
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. A settlement has been reached between the Parties.
TODAY, shall the Commission Approve the Settlement Agreement?
Telecommunications
On September 15, 2008, Central Telecom Long Distance, Inc. filed an application for a certificate of authority to provide resold interexchange telecommunication services in the State of South Dakota. Central Telecom Long Distance, Inc. plans to provide these services throughout South Dakota.
TODAY, shall the Commission Grant a Certificate of Authority to Central Telecom Long Distance, Inc.?
Application by Reliance Communications International, 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 long-distance interexchange service on a pre-paid or post-paid basis by use of a credit card. Applicant intends to operate throughout the State of South Dakota.
TODAY, shall the Commission Grant a Certificate of Authority to Reliance Communications International, Inc.?
Application by McLeodUSA Telecommunications Services, Inc. (McLeodUSA) for approval of tariff revisions. McLeodUSA has added d/b/a PAETEC Business Services to its South Dakota Access Tariff No. 3 (Title Page, Sheet Nos. 1, 5 and 7, and Headers). The footers have also been updated with the corrected title of William A. Haas, Vice President, Public Policy and Regulatory. The revised tariff has an Issue date of October 9, 2008, and a requested effective date of October 10, 2008.
TODAY, shall the Commission Approve the Tariff Revisions?
On October 14, 2008, the Commission received a filing for approval of an Interconnection Agreement between Brookings Municipal Utilities d/b/a Swiftel Communications and Sprint Communications Company L.P.
TODAY, shall the Commission Approve the Interconnection Agreement?
5. In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement in Dockets TC08-118, TC08-119, TC08-120, and TC08-121
On October 16, 2008, the Commission received a filing for an Amendment to the Interconnection Agreement between Qwest Corporation and Verizon Wireless f/k/a CommNet Cellular, Inc.
On October 16, 2008, the Commission received a filing for an Amendment to the Interconnection Agreement between Qwest Corporation and Verizon Wireless f/k/a CommNet Cellular, Inc.
On October 16, 2008, the Commission received a filing for an Amendment to the Interconnection Agreement between Qwest Corporation and Sprint Communications Company L.P.
On October 16, 2008, the Commission received a filing for an Amendment to the Interconnection Agreement between Qwest Corporation and McLeodUSA Telecommunications Services, Inc.
TODAY, shall the Commission Approve the Amendments to Interconnection Agreements in the Above Referenced Dockets?
On October 22, 2008, XO Communications, Inc. filed for Commission approval revisions to the company's Access Services Tariff. The revisions update the description of Switched Access Service. The company has requested an effective date of November 11, 2008, for the tariff changes.
TODAY, shall the Commission Grant Intervention to Any Parties that May Have Filed? OR, shall the Commission Approve the Tariff Revisions?
Announcements
- The next regularly scheduled Commission meeting will be held November 25, 2008, at 9:30 a.m. in Room 423 of the State Capitol Building, Pierre, SD.
- Commission meetings are scheduled for December 9 and December 30, 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
November 4, 2008
