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South Dakota Public Utilities Commission Meeting
November 25, 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 24, 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 Meeting Held on October 21, 2008 (Staff: Demaris Axthelm)
Consumer Reports
- Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Electric
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. The Commission granted Xcel's Second Motion to Extend Final Approval Deadline at its October 21, 2008, meeting. On November 14, 2008, Xcel filed a third Motion to Extend Final Approval Deadline.
TODAY, shall the Commission Grant Xcel Energy's Third Motion to Extend Final Approval Deadline?
On December 19, 2007, the President signed the Energy Independence and Security Act of 2007 into law. The Act includes four new federal standards to PURPA for state commissions and utilities to consider. They are (1) Integrated Resource Planning, (2) Rate Design Modification to Promote Energy Efficiency Investments, (3) Consideration of Smart Grid Investments, and (4) Smart Grid Information. The Commission must consider these standards and make a specific determination on whether their implementation is appropriate to encourage the conservation of energy supplied by electric utilities, optimal efficiencies of electric utility facilities and resources, and equitable rates for electric consumers.
TODAY, how shall the Commission Proceed?
3. EL08-030 In the Matter of the Filing by Otter Tail Corporation d/b/a Otter Tail Power Company for Authority to Increase Electric Rates in South Dakota. (Staff Analysts: Bob Knadle/Dave Jacobson/Terri LaBrie Baker/Jon Thurber/Tim Binder, Staff Attorney: Kara Semmler)
Application by Otter Tail Power Company (OTP) for approval to increase rates for electric service to customers in its service territory by $3,883,399 annually or approximately 15.3% based on OTP's 2007 test year. The company states the proposed increase for a residential customer would be $10.68 per month or 15.0%. The proposed rates may potentially affect approximately 11,700 customers in OTP's service territory.
TODAY, shall the Commission suspend the imposition of the tariff for 90 days beyond November 30, 2008? AND, shall the Commission assess a filing fee for actual expenses not to exceed $100,000?
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. Due to scheduling and notice complications, the parties to the docket request an extension of the public hearing time frame outlined in SDCL 49-41B-16 and further request to hold the public hearing as is required according to SDCL 49-41B-15 on January 5, 2008.
TODAY, Shall the Commission Grant the Request?
Telecommunications
On October 16, 2006, Sprint Communications Company L.P. (Sprint) filed a petition to arbitrate, pursuant to SDCL 49-31-81 and ARSD 20:10:32:29-32, and Section 252(b) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), certain terms and conditions of a proposed Interconnection Agreement between Sprint and Interstate Telecommunications Cooperative, Inc. (ITC). Sprint filed a list of unresolved issues. Sprint respectfully requests the Commission to arbitrate each of the remaining disputes between Sprint and Interstate, to find in Sprint's favor and to adopt Sprint's proposed contract language. On November 3, 2006, The South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene. Intervention was denied to SDTA at the December 6, 2006, Commission Meeting. On January 9, 2007, ITC filed a Motion to Compel Discovery. At its January 16, 2007, meeting the Commission granted a motion to compel in part. On January 26, 2007, SDTA filed a Petition for Reconsideration and Clarification. On January 11, 2008, a Joint Motion for Delay was filed by the Parties. The Commission Granted the Joint Motion for Delay at its January 29, 2008, meeting. On November 17, 2008, Sprint filed a Motion to Withdraw.
TODAY, shall the Commission Grant the Motion to Withdraw?
On October 16, 2006, Sprint Communications Company L.P. (Sprint) filed a petition to arbitrate, pursuant to SDCL 49-31-81 and ARSD 20:10:32:29-32, and Section 252(b) of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), certain terms and conditions of a proposed Interconnection Agreement between Sprint and City of Brookings Utilities d/b/a Swiftel Communications (Swiftel). Sprint filed a list of unresolved issues. Sprint respectfully requests the Commission to arbitrate each of the remaining disputes between Sprint and Swiftel, to find in Sprint's favor and to adopt Sprint's proposed contract language. On November 3, 2006, The South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene. Intervention was denied to SDTA at the December 6, 2006, Commission Meeting. On January 9, 2007, Sprint filed a Motion to Compel Swiftel be compelled to provide complete and appropriate responses to Request Nos. 2, 3, 15, 19,26,29, and 38. On January 9, 2007, Swiftel filed a Motion to Compel Sprint to provide substantive, non-evasive responses to discovery requests 4, 5, 13, 14, 15, 18, 20, 23, 24, 25 and 26 and to produce the documents requested in Requests for Production of Documents 1, 3, 4, 5 and 6 contained in the Discovery Requests of Brookings Municipal Utilities d/b/a Swiftel Communications to Sprint dated December 8, 2006. At its January 16, 2007, meeting the Commission granted a motion to compel in part. On January 26, 2007, SDTA filed a Petition for Reconsideration and Clarification. On January 11, 2008, a Joint Motion for Delay was filed by the Parties. The Commission Granted the Joint Motion for Delay at its January 29, 2008, meeting. On November 17, 2008, Sprint filed a Motion to Withdraw.
TODAY, shall the Commission Grant the Motion to Withdraw?
3. TC06-180 In the Matter of the Application of Sprint Communications Company L.P. for Authority to Provide Local Exchange Services in Certain Rural Areas Served by Interstate Telecommunications Cooperative, Inc. (Staff Attorney: Kara Semmler)
On October 24, 2006, Sprint Communications L.P. filed a petition seeking authorization to provide local exchange services in the rural areas served by the Interstate Telecommunications Cooperative, Inc. ILEC in the Castlewood, Elkton, Estelline, Hayti, Lake Norden, and White rate centers. On November 7, 2006, the South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention. Interstate Telecommunications Cooperative (ITC) filed a Petition for Intervention on November 8, 2006. 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 29, 2008 Commission meeting. On May 13, 2008, Sprint filed a Motion to Request the Commission Enter a Protective Order. The Protective Order was granted at the May 20, 2008, commission meeting. A Joint Motion for Delay was filed on July 1, 2008. The Joint Motion for Delay was granted at the July 8, 2008, commission meeting. On November 17, 2008, Sprint filed a Motion to Withdraw.
TODAY, shall the Commission Grant the Motion to Withdraw?
4. TC06-189 In the Matter of the Application of MCC Telephony of the Midwest, Inc. d/b/a Mediacom for a Certificate of Authority to Provide Local Exchange Services in the Castlewood, Elkton, Estelline, Hayti, Lake Norden and White Exchanges. (Staff Analyst: Harlan Best, 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 Castlewood, Elkton, Estelline, Hayti, Lake Norden, and White rural exchange areas. On November 10, 2006, Interstate Telecommunications Cooperative, Inc. (ITC) filed a Petition for Intervention. The South Dakota Telecommunications Association (SDTA) filed a Petition for Intervention on November 22, 2006. Intervention was granted to ITC at the November 28, 2006, Commission meeting. 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 29, 2008 Commission meeting. On May 13, 2008, Sprint filed a Motion to Request the Commission Enter a Protective Order. The Commission granted the Protective Order at its May 20, 2008, meeting. On July 8, 2008, a Joint Motion for Delay was filed. The Joint Motion for Delay was granted at the July 29, 2008, commission meeting. On November 17, 2008, MCC filed a Motion to Withdraw.
TODAY, shall the Commission Grant the Motion to Withdraw?
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. The Commission approved the consent order and closed the docket at its September 9, 2008, meeting. Commission Staff received notice Reduced Rates has not settled all formal complaints as the Consent Order requires. Staff filed a Motion requesting an alternative solution in light of said information.
TODAY, how shall the Commission Proceed?
6. In the Matter of the Petition for Arbitration Pursuant to the Telecommunications Act of 1996 to Resolve Issues Relating to an Interconnection Agreement in Dockets TC07-112, TC07-113, TC07-114, TC07-115, and TC07-116
TC07-115 In the Matter of the Petition of Santel Communications Cooperative, Inc. for Arbitration Pursuant to the Telecommunications Act of 1996 to Resolve Issues Relating to an Interconnection Agreement with Alltel Communications, Inc. (Staff Analyst: Bob Knadle, Staff Attorney: Karen Cremer)
On October 19, 2007, each of the parties above (Parties) filed a petition for arbitration of certain unresolved terms and conditions of a proposed Interconnection Agreement with Alltel Communications, Inc. (Alltel), pursuant to Section 252 of the Telecommunications Act of 1996, SDCL 49-31-81, and ARSD 20:10:32:29. On December 17, 2007, a Stipulation for Scheduling Order was filed. The Stipulation for Scheduling Order was approved at the January 29, 2008, commission meeting. On June 10, 2008, a Joint Stipulation for Amended Scheduling Order and Decision Date was filed. The Commission approved the Joint Stipulation for Amended Scheduling Order and Decision Date at its July 8, 2008, meeting. On November 14, 2008, a Joint Stipulation to Supplement Record on Consolidated Arbitration Hearing was filed.
TODAY, shall the Commission Approve the Joint Stipulation to Supplement Record on Consolidated Arbitration Hearing?
7. TC08-107 In the Matter of the Application of SSTELECOM, Inc., d/b/a ITC for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota. (Staff Analysts: Dave Jacobson/Jon Thurber, Staff Attorney: Karen Cremer)
On August 27, 2008, SSTelecom, Inc., d/b/a ITC filed an application for a certificate of authority to provide resold interexchange telecommunication services in the State of South Dakota. SSTelecom, Inc. plans to provide these services in exchanges served by Qwest throughout South Dakota.
TODAY, shall the Commission Grant a Certificate of Authority to SSTelecom, Inc., d/b/a ITC?
On October 28, 2008, Consolidated Communications Operator Services, Inc. (CCOS) and Consolidated Communications Network Services, Inc. (CCNS), to be known as Consolidated Communications Enterprise Services, Inc. (CCES), d/b/a Consolidated Communications Operator Services filed an application with the Commission to transfer the Certificate of Authority to provide operator assisted telecommunications service and services for payphones held by CCOS to CCNS. CCNS plans to offer the same services at the same prices, terms and conditions as currently offered by CCOS. CCNS has requested confidential treatment of its financial information.
TODAY, shall the Commission Approve the Certificate of Authority Transfer?
9. TC08-125 In the Matter of the Application of Total Holdings, Inc. d/b/a GTC Communications for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota. (Staff Analyst: Tim Binder, Staff Attorney: Kara Semmler)
On October 29, 2008, Total Holdings, Inc. d/b/a GTC Communications (GTC) filed an application for a certificate of authority to provide interexchange telecommunications services in the State of South Dakota. GTC plans to provide these services throughout South Dakota.
TODAY, shall the Commission Grant a Certificate of Authority to Total Holdings, Inc. d/b/a GTC Communications?
10. TC08-126 In the Matter of the Filing for Approval of an Interconnection Agreement between Qwest Corporation and QuantumShift Communications, Inc. d/b/a vCom Solutions. (Staff Attorney: Kara Semmler)
On October 30, 2008, the Commission received a filing for approval of an Interconnection Agreement between Qwest Corporation and QuantumShift Communications, Inc. d/b/a vCom Solutions.
TODAY, shall the Commission Approve the Interconnection Agreement?
Announcements
- The next regularly scheduled Commission meeting will be held December 9, 2008, at 9:30 a.m. in Room 464 of the State Capitol Building, Pierre, SD.
- Commissioners and Staff will be attending the NARUC fall meetings in New Orleans, LA, November 16 – 19, 2008.
- Commissioners and Staff will be hosting a Wind Briefing for Legislators beginning at 3:00 p.m. MST on November 24, 2008, in the Badlands Room of the Ramkota Hotel & Convention Center, Rapid City, SD.
- Commissioners and Staff will be hosting a Wind Briefing for Legislators beginning at 11:00 a.m. on November 26, 2008, in Room 8 of the Sioux Falls Convention Center.
- The Public Utilities Commission offices will be closed Thursday, November 27, 2008, and Friday, November 28, 2008, in observance of Thanksgiving.
- Commissioners and Staff will be hosting a Wind Briefing for Legislators beginning at 7:00 p.m. on December 1, 2008, in Room 423 of the State Capitol Building, Pierre, SD.
- Commissioners and Staff will be attending the SDTA/PUC Forum in Sioux Falls, SD, December 11-12, 2008.
- A public hearing in docket EL08-031 will be held at 6:00 p.m. on December 22, 2008, in the Daktronics Banquet Room A of the Swiftel Center, 824 32nd Avenue, Brookings, SD
- The PUC offices will be closed Thursday, December 25, 2008, and Friday, December 26, 2008, in observance of Christmas.
- The PUC offices will be closed Thursday, January 1, 2009, in observance of New Years.
- The PUC offices will be closed Monday, January 19, 2009, in observance of Martin Luther King Jr. Day.
_____________________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
November 19, 2008
