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South Dakota Public Utilities Commission Meeting
December 30, 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 December 29, 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 November 12, 2008 (Staff: Demaris Axthelm)
Consumer Reports
- Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Electric
On February 28, 2007, Northern States Power Company D/B/A Xcel Energy filed a petition with the Commission for approval of a tariff establishing a Transmission Cost Recovery Rider (TCR Rider) pursuant to SDCL 49-34A-25.1 through 49-34A-25.4. The company also seeks approval to implement the tariff by including the allocated jurisdictional costs in the TCR Rider for transmission project expenditures that are planned to be made in 2007. On December 17, 2008, a Settlement Stipulation, Staff's Memorandum Supporting Settlement Stipulation and a Joint Motion for Approval of Settlement Stipulation were filed.
TODAY, shall the Commission Grant the Joint Motion?
On September 7, 2007, Northern States Power Company D/B/A Xcel Energy filed a petition with the Commission for approval of a tariff establishing an Environmental Cost Recovery Rider (ECR Rider) pursuant to SDCL 49-34A-97 through 49-34A-100. The company also seeks approval to implement the tariff by including the allocated jurisdictional costs in the ECR Rider for environmental expenditures planned to be made in 2007 and 2008. On December 17, 2008, a Settlement Stipulation, Staff's Memorandum Supporting Settlement Stipulation and a Joint Motion for Approval of Settlement Stipulation were filed.
TODAY, shall the Commission Grant the Joint Motion?
3. EL08-015 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions(Staff Analysts: Dave Jacobson/Terri LaBrie Baker, Staff Attorney: Kara Semmler)
Montana-Dakota Utilities Co. is seeking approval to revise its Occasional Power Purchase Non-Time Differentiated Rate 95, Short-Term Power Purchase Time Differentiated Rate 96 and Long-Term Power Purchase Time Differentiated Rate 97. The filing is made in compliance with the Commission's Order in F-3365 and in accordance with the Special Terms and Conditions of these tariffs which state that the rate schedules will be reviewed annually and revised when necessary.
TODAY, shall the Commission Approve the Tariff Revisions?
On November 25, 2008, MidAmerican Energy filed for approval of tariff revisions to mirror the late payment charge policy in effect in other state jurisdictions.
TODAY, shall the Commission Approve the Tariff Revisions?
Natural Gas
On November 12, 2008, MidAmerican Energy Company filed for approval of an extension of its monthly metered transportation and interruptible monthly metered transportation services ("MMT," collectively) to April 30, 2009. The MMT services will expire December 31, 2008. Without this extension, approximately 100 customers will be required to return to sales service or elect daily gas transportation service. Because of delay in and changes to MidAmerican's proposed Iowa permanent program, evaluation and adaptation of a permanent program for South Dakota need additional time.
TODAY, shall the Commission Approve the Tariff Revisions?
Application by NorthWestern Energy for approval of tariff revisions to its Gas Transportation, Customer Balancing tariff and a change to the Rate 86 gas purchasing time frame. For Transportation Service, the company requests the ability to waive imbalance penalties on marketers when their gas position is a benefit to NorthWestern's retail customers. NorthWestern is proposing to revise Contract Sales Service by increasing the number of available offers and the timeframe that gas can be purchased for customers. The company has requested an effective date of January 1, 2009.
TODAY, shall the Commission Approve the Tariff Revisions?
3. NG08-013 In the Matter of the Filing by MidAmerican Energy Company for Approval of Tariff Revisions. (Staff Analysts: Dave Jacobson/Terri LaBrie Baker, Staff Attorney: Karen Cremer
On November 25, 2008, MidAmerican Energy filed for approval of tariff revisions to mirror the late payment charge policy in effect in other state jurisdictions.
TODAY, shall the Commission Approve the Tariff Revisions?
Telecommunications
On December 13, 2007, a filing of revised Exchange Boundary maps by Qwest Corporation and West River Cooperative Telephone Company was made. This change is being made to accommodate a customer who is currently served by Qwest, but wishes to be served by West River. This change will not affect any other customers in that area. Qwest and West River Cooperative jointly filed a Request to Withdraw the Filing on December 15, 2008.
TODAY, shall the Commission Dismiss and Close the Docket?
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. Intervention was granted to Alliance and SDTA at the October 7, 2008, commission meeting. On December 8, 2008, Midcontinent filed a Motion to Compel Discovery. Alliance filed a Response to the Motion to Compel Discovery on December 17, 2008.
TODAY, shall the Commission Grant the Motion to Compel Discovery? OR, how shall the Commission Proceed?
On October 31, 2008, Qwest filed a request to modify the Jurisdictional Report Requirements in Section 2, by establishing a Percent Interstate Usage (PIU) floor for unidentified Feature Group D (FGD) terminating traffic. Terminating FGD traffic that does not contain sufficient call detail to identify the jurisdiction (unidentified traffic) will be assigned jurisdiction as follows:
• The first 5% of unidentified terminating traffic will continue to be jurisdictionally assigned based on the carrier's PIU report or, if the carrier has not filed a PIU report, a PIU of 50 (50% interstate – 50% intrastate) will be assigned per the current terms in Section 2.3.10.B.2.c.
• Unidentified traffic in excess of the 5% floor will be designated intrastate traffic and charged at Qwest's current South Dakota rates.
There is no change to currently effective rates. Notification has been sent to customers. Qwest is requesting that the proposed tariff revisions become effective on December 1, 2008. On November 21, 2008, AT&T Communications of the Midwest, Inc. (ATT) filed a Petition for Intervention and a Request to Suspend Qwest's proposed revisions to Tariff Section 2 pending a hearing on the matter. MCI Communications Services, Inc. d/b/a Verizon Business Services (Verizon), the Local Exchange Carriers Association (LECA), and Level 3 Communications, LLC (Level 3) filed Petitions for Intervention on November 21, 2008. On November 24, 2008, the South Dakota Telecommunications Association (SDTA) filed for Intervention. Intervention was granted to ATT, Verizon, LECA, and SDTA at the November 25, 2008, commission meeting. On December 5, 2008, Level 3 filed a Motion to Withdraw.
TODAY, shall the Commission Grant the Motion to Withdraw?
On November 12, 2008, Mitel NetSolutions, Inc. filed an application with the Commission for a Certificate of Authority to provide Local Exchange Services in South Dakota. Applicant intends to resell local exchange services throughout the State of South Dakota in the areas served by any LECs in South Dakota that are not eligible for a small or rural carrier exemption pursuant to Section 251(f)(l) of the Federal Act. Mitel NetSolutions, Inc. has requested confidential treatment of financial information. The South Dakota Telecommunications Association filed comments on December 1, 2008.
TODAY, shall the Commission Grant a Certificate of Authority to Mitel NetSolutions, Inc.?
On November 13, 2008, Alliance Global Networks LLC ("Alliance") filed an application for a certificate of authority to provide interexchange services. Alliance intends to provide resold interexchange services throughout South Dakota.
TODAY, shall the Commission Grant a Certificate of Authority to Alliance Global Networks LLC?
6. In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement in Dockets TC08-133 and TC08-134
On November 25, 2008, the Commission received a filing for an Amendment to the Interconnection Agreement between Qwest Corporation and XO Communications Services, Inc.
On November 25, 2008, the Commission received a filing for an Amendment to the Interconnection Agreement between Qwest Corporation and Knology of the Plains, Inc. f/k/a PrairieWave Telecommunications, Inc.
TODAY, shall the Commission Approve the Amendments to the Interconnection Agreements in the Above Referenced Dockets?
On November 26, 2008, BullsEye Telecom (BullsEye) requested an extension of its exemption regarding switched access rates. The company agrees it will charge a switched access rate that is equal to or less than the rate of Qwest Corporation in South Dakota. On December 10, 2008, BullsEye filed its revised tariff pages. On December 19, 2008, BullsEye filed a replacement page to its revised tariff pages.
TODAY, shall the Commission Grant the Extension of the Exemption from Developing Company Specific Cost-Based Switched Access Rates?
Announcements
- The next regularly scheduled Commission meeting will be held January 27, 2009, at 2:30 p.m. in Room 413 of the State Capitol Building, Pierre, SD.
- Commission meetings are scheduled for February 10 and February 24, 2009.
- 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.
- A public hearing in docket EL08-031 will be held at 6:00 p.m. on January 5, 2009, in the Daktronics Banquet Room A of the Swiftel Center, 824 32nd Avenue, Brookings, SD
- The PUC offices will be closed Monday, January 19, 2009, in observance of Martin Luther King Jr. Day.
/S/ Heather K. Forney___________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
December 23, 2008
