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South Dakota Public Utilities Commission Meeting
Tuesday, March 29, 2005 at 9:00 A.M.
State Capitol Building, Room 412
Pierre, South Dakota

MINUTES OF THE AD HOC COMMISSION MEETING

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

Also present were Rich Coit, South Dakota Telecommunication Association; and David Gerdes, May, Adam, Gerdes, and Thompson, representing Montana-Dakota Utilities Co. and Xcel Energy.

Joining the meeting by telephone were Chairman Gary Hanson; Jim Wilcox and Al Krugg, Xcel Energy; Talbot Wieczorek, Gunderson, Palmer, Goodsell & Nelson, representing RCC Minnesota, Inc.; David LaFuria, representing RCC Minnesota, Inc.; Pete Beitchon, Bernadeen Brutlag, and Brad Tollerson, Otter Tail Power Company; and Rita Mulkern, Montana-Dakota Utilities Co.

Electricity

1. EL05-007 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions. (Staff Analyst: Dave Jacobson, Staff Attorney: Sara Greff)

Dave Gerdes, representing Montana-Dakota Utilities Co. (MDU) stated this filing is self-explanatory and asked for approval of this filing. Dave Jacobson stated that the Midwest Independent Transmission System Operator, Inc. (MISO) is implementing the MISO Day 2 Market on April 1, 2005. Implementation of the Day 2 Market will change the way the utility generates and purchases energy for delivery to serve retail customers in South Dakota. The MISO transactions will take the place of prior transactions relating to energy procurement. The proposed tariff changes would allow the new MISO transactions to flow through the fuel clause as did prior non-MISO energy procurement transactions. He also stated that MDU and staff will work on monthly and annual reporting. He also recommended that the tariff revisions be approved with less than 30 days notice in order to be effective upon the April 1, 2005, start date of the MISO Day 2 Market.

Chairman Hanson moved to approve the tariff revisions with less than 30 days notice in docket EL05-007. Commissioner Sahr seconded and Commissioner Johnson concurred. Motion passed 3-0.

2. EL05-008 In the Matter of the Filing by Northern States Power Company d/b/a Xcel Energy for Approval of Tariff Revisions. (Staff Analyst: Dave Jacobson, Staff Attorney: Sara Greff)

Dave Gerdes, representing Xcel Energy stated that the filing is the same as EL05-007 and asked for approval of the filing. Dave Jacobson stated that Xcel is also requesting that the Commission affirm that South Dakota Statutes and Xcel's Fuel Clause Rider allow for the recovery of cost of the MISO transactions. Dave Jacobson recommended that Xcel Energy and staff work on reporting procedures to the Public Utilities Commission so the right information is provided to staff. He also recommended approval of the tariff revisions which would allow the new MISO transactions to flow through the fuel clause as did prior non-MISO energy procurement transactions, and he also recommended that the tariff revisions be approved with less than 30 days notice in order to be effective upon the April 1, 2005, start date of the MISO Day 2 Market.

Commissioner Sahr moved to approve the tariff revisions with less than 30 days notice and affirm that the Regional Transmission Organization related transactions are recoverable in the Fuel Adjustment Clause in docket EL05-008. Commissioner Johnson seconded and Chairman Hanson concurred. Motion passed 3-0.

3. EL05-009 In the Matter of the Filing by Otter Tail Corporation d/b/a Otter Tail Power Company for Approval of Tariff Revisions. (Staff Analyst: Dave Jacobson, Staff Attorney: Sara Greff)

Pete Beitchon, Otter Tail Corporation asked that the filing be approved and stated that the filing is very similar to EL05-007. Otter Tail Corporation will work with staff regarding the reporting issue. Dave Jacobson recommended approval of the tariff revisions which would allow the new MISO transactions to flow through the fuel clause as did prior non-MISO energy procurement transactions, and he also recommended that the tariff revisions be approved with less than 30 days notice in order to be effective upon the April 1, 2005, start date of the MISO Day 2 Market.

Commissioner Johnson moved to approve the tariff revisions with less than 30 days notice in docket EL05-009. Commissioner Sahr seconded and Chairman Hanson concurred. Motion passed 3-0.

Telecommunications

1. TC03-193 In the Matter of the Filing by RCC Minnesota, Inc. and Wireless Alliance, L.L.C. d/b/a Unicel for Designation as an Eligible Telecommunications Carrier. (Staff Analyst: Harlan Best, Staff Attorney: John Smith)

See Transcript of March 29, 2005 - TC03-193

Commissioner Sahr moved to grant the Motion by Intervenors to Submit a Supplemental Brief. Intervenors and Staff shall submit its supplemental briefs electronically by noon on April 8, 2005. RCC Minnesota, Inc. and Wireless Alliance, L.L.C. d/b/a Unicel shall submit its supplemental brief electronically by April 11, 2005. Chairman Hanson seconded and Commissioner Johnson concurred. Motion passed 3-0.

2. In the Matter of Approving Agreements in TC05-022, TC05-025, TC05-026, TC05-027, TC05-028, and TC05-032.

TC05-022 In the Matter of the Filing for Approval of a Master Services Agreement between Qwest Corporation and McLeodUSA Telecommunications Services, Inc. (Staff Attorney: Sara Greff)

TC05-025 In the Matter of the Filing for Approval of a Master Services Agreement between Qwest Corporation and AT&T Communications of the Midwest, Inc. (Staff Attorney: Sara Greff)

TC05-026 In the Matter of the Filing for Approval of a Master Services Agreement between Qwest Corporation and VCI Company (Staff Attorney: Sara Greff)

TC05-027 In the Matter of the Filing for Approval of a Master Services Agreement between Qwest Corporation and Integra Telecom of South Dakota, Inc. (Staff Attorney: Sara Greff)

TC05-028 In the Matter of the Filing for Approval of a Master Services Agreement between Qwest Corporation and Houlton Enterprises, Inc. D/B/A Guaranteed Phone Service (Staff Attorney: Sara Greff)

TC05-032 In the Matter of the Filing for Approval of a Wireline Adoption Interconnection Agreement between Qwest Corporation and VCI Company. (Staff Analyst: Sara Greff)

Sara Greff stated that the Agreements 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 Agreements.

Commissioner Johnson moved to approve the Agreements in TC05-022, TC05-025, TC05-026, TC05-027, TC05-028, and TC05-032. Chairman Hanson seconded and Commissioner Sahr concurred. Motion passed 3-0.

3. In the Matter of Approving Amendments to Agreements in TC05-021, TC05-035, TC05-036, TC05-037, TC05-040, TC05-041, TC05-044, and TC05-046.

TC05-021 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Midcontinent Communications and Interstate Telecommunications Cooperative, Inc. (Staff Attorney: Sara Greff)

TC05-035 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and MCImetro Access Transmission Services, LLC. (Staff Analyst: Sara Greff)

TC05-036 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and MCImetro Access Transmission Services, LLC. (Staff Analyst: Sara Greff)

TC05-037 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and RC Communications, Inc. (Staff Analyst: Sara Greff)

TC05-040 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Houlton Enterprises, Inc. d/b/a Guaranteed Phone Service. (Staff Analyst: Sara Greff)

TC05-041 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and AT&T Communications of the Midwest, Inc. (Staff Analyst: Sara Greff)

TC05-044 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Integra Telecom of South Dakota, Inc. (Staff Analyst: Sara Greff)

TC05-046 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and McLeodUSA Telecommunications Services, Inc. (Staff Attorney: Sara Greff)

Sara Greff 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 Sahr moved to approve the Amendments in TC05-021, TC05-035, TC05-036, TC05-037, TC05-040, TC05-041, TC05-044, and TC05-046. Chairman Hanson seconded and Commissioner Johnson concurred. Motion passed 3-0.

Meeting adjourned.

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Tina Douglas
Administrative Secretary