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South Dakota Public Utilities Commission Meeting
July 29, 2008, at 9:30 A.M.
Floyd Matthews Training Center, Joe Foss Building
523 E Capitol Ave
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Gary Hanson called the meeting to order. Present were: Commissioners Steve Kolbeck and Dusty Johnson; Executive Director Patty Van Gerpen; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorneys John Smith and Rolayne Wiest; Staff Attorneys Karen Cremer and Kara Semmler; Staff Analysts Harlan Best, Dave Jacobson, Bob Knadle, Brian Rounds, and Terri LaBrie Baker; Consumer Affairs Supervisor Deb Gregg; and Administrative Secretary Demaris Axthelm.
Also present were: Rich Coit, South Dakota Telecommunications Association; Margo Northrup, Riter, Rogers, Wattier, & Northrup, LLP, representing South Dakota Association of Telephone Cooperatives; Dave Gerdes, May, Adam, Gerdes and Thompson, representing Midcontinent and Xcel Energy; Brett Koenecke, May, Adam, Gerdes and Thompson, representing MCC Telephony of the Midwest, Inc., d/b/a Mediacom (MCC); Ryan Thompson, Jeff Larson, Larson & Nipe representing Sancom Telecommunications, Inc. d/b/a Mitchell Telecom; Greg McCurry, Sancom Telecommunications, Inc. d/b/a Mitchell Telecom; Steve Willard, South Dakota Electric Utility Companies; Talbot Wieczorek, Gunderson, Palmer, Goodsell & Nelson, representing Alltel Communications.
Joining the meeting by telephone were: Mary Sisak, Blooston, Mordkofsky, Dickens, Duffy and Pendergast, representing Brookings Municipal Utilities d/b/a Swiftel Communications; Jim Cremer, Bantz Gosch & Cremer LLC, representing James Valley Cooperative Telephone Company; Colleen Sevold and George Thomson, Qwest Corporation; Steve Otto, Rural Cellular; Ryan Taylor, Cutler & Donahoe, LLP, representing Midstate Telecom, Inc.; Christopher W. Madsen, Boyce, Greenfield, Pashby & Welk LLP, representing Qwest Corporation; John Chuang, Norlight Telecommunications, Inc; Todd Chambers, Watertown Municipal Utilities Department; Rita Mulkern, Montana-Dakota Utilities Co; Pam Rasmussen, Xcel Energy; Bret Lawson, Sprint Communications Company LP; Kathy Ford, Knology; and Doug Eidahl, Vantage Point.
Consumer Reports
- Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Ms. Deb Gregg reported that the Commission had received a total of 121 contacts since the last report was prepared for the July 8, 2008, Commission meeting. 21 contacts involved telecommunications services; 31 contacts involved electricity issues; 12 contacts involved natural gas issues; 20 contacts involved cellular phone issues; 15 contacts involved the Do Not Call Registry; and 22 contacts involved issues not regulated by the Public Utilities Commission. In 2008, 1243 of the 1311 complaints registered have been resolved informally. In 2007, 2,311 of the 2,337 complaints registered have been resolved informally.
Electric
Ms. Pam Rasmussen of Xcel Energy stated progress has been made to finalize the design of the proposed transmission line and to communicate with affected landowners; therefore Xcel Energy is requesting that the Commission grant its motion to extend the deadline for the Commission's final decision. Ms. Cremer stated staff is recommending the Commission grant the motion to extend the deadline until October 31, 2008.
Commissioner Johnson moved to grant the Motion to Extend Final Approval Deadline until October, 31, 2008. Motion passed 3-0.
2. EL08-017 In the Matter of the Filing by Otter Tail Power Company for Approval of Tariff Revisions. (Staff Analysts: Bob Knadle/Terri LaBrie Baker, Staff Attorney: Kara Semmler)
Staff recommended approval of the proposed revisions which removed the city of Peever from the summary list of contracts with deviations.
Chairman Hanson moved to approve Otter Tail's request for approval of its tariff revisions. Motion passed 3-0.
3. EL08-018 In the Matter of the Joint Request for an Electric Service Rights Exception between Watertown Municipal Utilities Department and Codington-Clark Electric Cooperative, Inc. (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)
Staff stated the exception to the assigned service territory is in the public interest and recommended approval of the joint request.
Commissioner Johnson moved to approve the joint request for service rights exception.
Motion passed 3-0.
4. EL08-019 In the Matter of the Joint Request for an Electric Service Rights Exception between Central Electric Cooperative, Inc. and Xcel Energy. (Staff Analysts: Dave Jacobson/Terri LaBrie Baker, Staff Attorney: Kara Semmler)
Staff stated the site is located within Central Electric Cooperative's service territory, but, because of proximity, the home can be more economically connected to Xcel Energy's power system nearby and recommended approval of the joint request.
Vice Chairman Kolbeck moved to approve the joint request for service rights exception. Motion passed 3-0.
Natural Gas
Staff stated MDU is working to avoid a build up of under recoveries which result in an increase of the recovery rate and that billing the PGA on a service rendered basis results in more equitable billing. Staffs recommend the Commission grant the waivers and tariff revision.
Commissioner Johnson moved to approve the tariff revisions and grant waivers on less than 30 days notice. Motion passed 3-0.
Rule Making
1. RM08-001 In the Matter of the Revisions and/or Additions to the Commission's Rules Regarding Public Warehouses, Grain Dealers and Pipeline Operators. (Commission Attorney: Rolayne Ailts Wiest)
Mrs. Wiest recommended making the style and form changes as recommended by LRC and a change
to rule 12:10:12:14 regarding the financial requirement for grain buyers and to adopt the rules with those
changes.
Commissioner Johnson moved that the Commission adopt the proposed rules with the recommendations proposed by Ms. Wiest. Motion passed 3-0.
Telecommunications
Ms. Semmler from staff recommended dismissing the filing and closing the docket as it has been determined that the filing was for informational purposes only and the agreement should not have been docketed.
Chairman Hanson moved to dismiss the filing and close the docket without prejudice. Motion passed 3-0.
2. 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)
Mediacom (MCC) supports the motion for delay. Staff recommended approval and the parties agree the current deadlines for filing prehearing materials should be continued.
Vice Chairman Kolbeck moved to grant the joint motion for delay of hearing. Motion passed 3-0.
Ms. Cremer stated staff has no objection to the motion to amend the petition.
Commissioner Johnson moved to grant the motion to amend petition presented by Midcontinent Communications. Motion passed 3-0.
Mr. Larson stated Sancom (Mitchell Telecom) is proposing to decrease its intrastate switched access rates to $0.1150 per minute of use to concur with other South Dakota ILEC owned CLEC approved rates. Sancom stated the Motion to Quash pertains to materials not relevant to the tariff and is requesting the Commission grant the motion. Mr. Thomson stated Qwest is requesting to review the materials provided by Sancom in response to staff's data request and so its on discovery requests and enter into a protective order. Ms. Cremer stated staff has reached an agreement with Sancom and, suggested that Qwest open a separate docket.
Chairman Hanson moved to deny in part Sancom's Motion to Quash with respect to Qwest's Subpoena requesting production of Sancom's responses to Staff's Data Requests except for Sancom's responses to DR 1-23, 1-28 and 3-3. Motion denied 2-1.
Commissioner Johnson moved to deny the Motion to Quash and require Sancom and/or Staff to produce to Qwest Sancom's responses to Staff's Data Requests, except for DR 1-23,1-28 and 3-3, subject to a Protective Order that would preclude disclosure or use of the produced materials for any purpose other than this proceeding, including use in any other proceeding, other than any legal proceeding arising directly out of this proceeding, except pursuant to discovery in such other legal proceeding or an applicable order of the court or tribunal in such other proceeding. Motion denied 2-1.
Chairman Hanson moved to defer action on the Motion to Quash with respect to Qwest's Interrogatories and Sancom's responses to Staff's Data Requests DR 1-23, 1-28 and 3-3. Motion passed 3-0.
Mr. Chuang stated Norlight is requesting the Commission approve its Application to provide local exchange service in South Dakota throughout the service territory of Qwest Corporation. Mr. Rounds stated staff recommends the Commission grant Norlight the waiver from providing financial statements and grant local exchange authority, subject to rural safeguards and restrictions from providing prepaid services and accepting deposits or advance payments.
Chairman Hanson moved to grant a certificate of authority to Norlight Telecommunications, Inc. to provide local exchange services with the areas win which Qwest Corporation is the incumbent local exchange carrier, subject to rural safeguards, and with the conditions that Norlight not offer any prepaid services (including prepaid calling cards) and not accept or require any deposits or advance payments without prior approval of the Commission. Motion passed 3-0.
6. TC08-096 In the Matter of the Filing for Approval of an Interconnection Agreement between Qwest Corporation and XO Communications, Inc. (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Kara Semmler)
Staff stated the agreement has been properly filed, has been properly executed and does not appear to contain discriminatory provisions. No comments were filed and Ms. Semmler recommended approval of the interconnection agreement.
Commissioner Johnson moved to approve the interconnection agreement in Docket TC08-002. Motion passed 3-0.
7. In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement in Dockets TC08-097 and TC08-098
TC08-097 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Level 3 Communications, LLC. (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Kara Semmler)
TC08-098 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Bullseye Telecom, Inc. (Staff Analyst: Terri LaBrie Baker, Staff Attorney: Kara Semmler)
Staff state that the amendments in Dockets TC08-097 and TC08-098 have been properly filed, have been properly executed and do not appear to contain discriminatory provisions. No comments were filed, and staff recommends approval of the amendments.
Vice Chairman Kolbeck moved to approve the amendment to the interconnection agreement in Docket TC08-097. Motion passed 3-0.
Vice Chairman Kolbeck moved to approve the amendment to the interconnection agreement in Docket TC08-098. Motion passed 3-0.
8. TC07-007 In the Matter of the Petition of Brookings Municipal Utilities d/b/a Swiftel Communications for Suspension or Modification of Dialing Parity, Number Portability and Reciprocal Compensation Obligations. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)
See link to viewTranscript of July 29, 2008, Commission Meeting; http://puc.sd.gov/commission/minutes/2008/transcripts/0708tc07-007.pdf
The Commission deferred the motion to compel filed against Midcontinent based on Midcontinent's motion to withdraw from the docket.
Vice Chairman Kolbeck moved to grant the motion to compel filed against Mediacom. Motion passed 3-0.
For interrogatories 3, 7, 8, and 9, Commissioner Johnson moved to deny the motion to compel. Motion carried 3-0.
For Interrogatory 4, Chairman Hanson moved that the Commission require Alltel to respond but limited the response to Alltel's current switch location in Sioux Falls and associated interoffice transport routes, inter-company transmission facilities, and points of interconnection with other carriers that are directly connected to that switch. Motion passed 3-0.
For interrogatories 10, 23, and 24, Commissioner Johnson moved that the Commission grant the motion to compel, limited to the traffic delivered to Swiftel through the Qwest tandem and to the extent Alltel has that information. Motion passed 3-0.
For interrogatories 11, 25, and 26, Chairman Hanson moved that the Commission deny the motion to compel. Motion passed 3-0.
After discussion, it was determined that no action was needed for interrogatory 13 because, the parties agreed on what information would be provided.
For interrogatory 14, Commissioner Johnson moved to grant the motion to compel. Motion passed 3-0.
For interrogatories 19, 21, and 36 after discussion between the parties, it was determined that no action was needed.
For interrogatories 37 and 38, Chairman Hanson moved to deny the motion to compel. Motion passed 3-0.
For admission 1, Swiftel informed the Commission that it was no longer pursuing this interrogatory.
For request for production 9, Vice Chairman Kolbeck moved to deny the interrogatory request. Motion passed 3-0.
For request for production 12, Commissioner Johnson moved to deny the interrogatory request. Motion passed 3-0.
For request for production 14, Commissioner Johnson moved to deny the interrogatory request. Motion passed 3-0.
See link to viewTranscript of July 29, 2008, Commission Meeting; http://puc.sd.gov/commission/minutes/2008/transcripts/072908.pdf
Chairman Hanson moved that the Commission grant the motion to consolidate the hearings for dockets TC06-178 and TC06-188. Motion passed 3-0.
Chairman Hanson moved to go into closed session to ask questions regarding confidential information in the above referenced dockets. Motion passed 3-0
Commissioner Hanson moved to defer all remaining items on the agenda and moved to adjourn, because the scheduled meeting time had expired. Motion passed 3-0.
At the hour of 12:40 pm the South Dakota Public Utilities Commission Meeting adjourned. The next Commission meeting is August 12, 2008.
_/S/ Demaris Axthelm_____
Demaris Axthelm
Administrative Secretary
November 12, 2008
