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South Dakota Public Utilities AD HOC Meeting

Friday, November 19, 2004 at 9:00 A.M.

State Capitol Building, Room 412

Pierre, South Dakota

MINUTES OF THE COMMISSION MEETING

Chairman Bob Sahr called the meeting to order. Also present were Executive Director Pamela Bonrud; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorneys Rolayne Ailts Wiest and John Smith; Staff Attorneys Karen Cremer and Sara Harens; Staff Analysts Harlan Best, Dave Jacobson, Sue Schaefer, and Keith Senger; Cheri Wittler, Court Reporter; and Administrative Secretary Tina Douglas.

Joining the meeting by telephone were Vice Chairman Gary Hanson; Commissioner Jim Burg; Colleen Sevold, Qwest Corporation; Suzan Stewart, MidAmerican Energy Company; Brian Iverson and Steve Helmers, Black Hills Corporation; Chris Clark, Xcel Energy; Alan Dietrich and Jeff Decker, NorthWestern Energy; Brad Moody, Watt Beckworth Thompson & Henneman, L.L.P. representing Superior Renewable Energy LLC; Mark Meierhenry, Danforth, Meierhenry & Meierhenry representing Superior Renewable Energy LLC; and Kenyatta Perkins, Telecom Compliance Services.

Electric

1. EL04-016 In the Matter of the Filing by Superior Renewable Energy LLC et al. against Montana-Dakota Utilities Co. Regarding the Java Wind Project. (Staff Analysts: Michele Farris and Keith Senger, Staff Attorney: Karen Cremer)

See Transcript for November 19, 2004, Ad Hoc Commission Meeting (EL04-016)

Chairman Sahr moved to grant Superior Renewable Energy LLC's Motion to Compel with the provisions that the information is kept confidential and not use to gain an inappropriate competitive advantage. Further, the Commission instructs General Counsel to put in any other restrictions that are appropriate to make sure that the information is dealt with in a manner that ensures the confidentiality and the appropriate use of that information. Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.

2. EL04-026 In the Matter of the Petition of Black Hills Corporation for a Statement to the Securities and Exchange Commission Regarding Investment in Foreign Utilities. (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)

See Transcript for November 19, 2004, Ad Hoc Commission Meeting (EL04-026)

Chairman Sahr moved to defer EL04-026. Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.

Telecommunications

1. In the Matter of Approving Amendments to Agreements in TC04-208, TC04-209, and TC04-210.

TC04-208 In the Matter of the Filing for Approval of an Amendment to an Adoption Agreement between Qwest Corporation and Southwestern Bell Communications Services Inc. d/b/a SBC Long Distance. (Staff Attorney: Sara Harens)

TC04-209 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Z-Tel Communications, Inc. (Staff Attorney: Sara Harens)

TC04-210 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and New Edge Network, Inc. d/b/a New Edge Networks (Staff Attorney: Sara Harens)

Ms. Harens stated that the Amendments have been properly filed, have been properly executed and do not appear to contain discriminatory provisions, no comments were filed, and recommended approval of the Amendments.

Commissioner Hanson moved to approve the Amendments in TC04-208, TC04-209, and TC04-210. Commissioner Burg seconded and Chairman Sahr concurred. Motion passed 3-0.

 

ADDENDUM

Telecommunications

1. IN THE MATTER OF THE FAILURE OF CERTAIN TELECOMMUNICATIONS COMPANIES TO TIMELY FILE THE GROSS RECEIPTS TAX. (Deputy Executive Director: Heather K. Forney)

The following companies have failed to timely file their gross receipts tax as required by SDCL 49-1A:

Access One, Inc.

ACCXX Communications, LLC

Association Administrators, Inc.

BellSouth Long Distance, Inc.

Choice Telco, LLC

Global Crest Communications, Inc.

Integra Telecom of South Dakota, Inc.

Intercontinental Communications Group, Inc. d/b/a Fusion Telecom

International Exchange Communications, Inc. d/b/a IE Com

Kiger Telephone & Telephony, LLC

Local Telcom Holdings, LLC d/b/a Transpoint Communications

Long Distance Billing Services, Inc.

OLS, Inc.

OneStar Communications, LLC

Prairie Fire Communications f/k/a NorCom Advanced Technologies, Inc.

QAI, Inc. d/b/a Long Distance Billing

Quick Tel, Inc.

ST Long Distance, Inc.

Telephone Company of Central Florida, Inc.

Telliss, LLC

T-NETIX, Inc.

TON Services, Inc.

TRI-M Communications, Inc. d/b/a TMC Communications

Univance Telecommunications, Inc.

Utah I-Link Communications, Inc. d/b/a Family Telecommunications

Vitcom Corporation

WebNet Communications, Inc

Wholesale Carrier Services, Inc.

World Communications Satellite Systems, Inc.

Ms. Forney stated that all the companies above have been notified numerous times that their gross receipt tax is past due. Ms. Forney recommended that the Commission issue an Order to Show Cause except for OLS, Inc., Univance Telecommunications, Inc., and Vitcom Corporation.

Commissioner Burg moved to issue an Order to Show Cause against the companies listed above except OLS, Inc., Univance Telecommunications, Inc., and Vitcom Corporation. Commissioner Hanson seconded and Chairman Sahr concurred. Motion passed 3-0.

Meeting adjourned.

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Tina Douglas

Administrative Secretary