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South Dakota Public Utilities Commission Meeting
October 7, 2008 at 9:30 A.M.
State Capitol Building, Room 423
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Gary Hanson called the meeting to order. Present were: Vice Chairman Steve Kolbeck; Commissioner Dusty Johnson; Executive Director Patty Van Gerpen; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorney Rolayne Wiest; Staff Attorney Kara Semmler; Staff Analysts Terri LaBrie Baker, Dave Jacobson, Bob Knadle, and Jon Thurber; Consumer Affairs Supervisor Deb Gregg; and Administrative Secretary Demaris Axthelm.
Also present were: Dave Gerdes, May, Adam, Gerdes and Thompson, representing Midcontinent Communications; Jim Wilcox, Northern States Power Company d/b/a Xcel Energy; and Rich Coit, South Dakota Telecommunications Association.
Joining the meeting by telephone were: Chris Clark and Jeff Robinson, Northern States Power Company d/b/a Xcel Energy; Ryan Taylor Cutler & Donahoe, LLP, representing Alliance Communications; Margo Northrup, Riter, Rogers, Wattier & Northrup, representing Golden West Telecommunications, Venture Communications, Midstate Communications and Great Plains Communications; Gene DeJordy, Native American Telecom, LLC; and Colleen Sevold, Qwest Corporation.
Administration
- Approval of the Minutes of the Ad Hoc Commission Meeting Held on July 14, 2008 (Staff: Demaris Axthelm)
Commissioner Johnson moved to approve the Commission Minutes of July 14, 2008. Motion passed 3-0.
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 95 contacts since the last report was prepared for the September 23, 2008, Commission meeting. 22 contacts involved telecommunications services; 31 contacts involved electrical services; 1 contact involved electrical and natural gas services; 4 contacts involved cellular phone services; 22 contacts involved the Do Not Call Registry; 1 contact involved the Keystone Pipeline; and 14 contacts involved issues not regulated by the Public Utilities Commission. In 2008, 1,875 of the 1,959 complaints registered have been resolved informally. In 2007, 2,327 of the 2,337 complaints registered have been resolved informally.
Electric
Mr. Jim Wilcox, representing Xcel Energy, stated that Xcel Energy requested approval from the Commission to change its direct-expense accounting method to a deferral and amortization method for costs associated with reloading its nuclear with fuel. Mr. Jacobson, Staff Analyst, recommended approval of the application with the condition that the deferral or amortization accounting method and the resulting creation of regulatory assets shall not preclude the Commission's review of these amounts for reasonableness for any rate recovery in any determination of rates, including both rate filings by the company and rate reviews initiated by the Commission.
Commissioner Johnson moved the Commission approve the change from its direct-expense accounting method to a deferral and amortization method with the conditions that the deferral or amortization accounting method and the resulting creation of regulatory assets shall not preclude the Commission's review of these amounts for reasonableness for any rate recovery in any determination of rates, including both rate filings by the company and rate reviews initiated by the Commission. Motion passed 3-0.
Mr. Thurber, Staff Analyst, stated the exception to the assigned service territory is in the public interest and recommended approval of the joint request.
Vice Chairman Kolbeck moved that the Commission approve the joint request for a service rights exception. Motion passed 3-0.
3. EL08-027 In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions. (Staff Analysts: Dave Jacobson/Jon Thurber, Staff Attorney: Kara Semmler)
Mr. Jacobson, Staff Analyst, recommended the Commission approve the tariff as the company has rerouted some meter read cycles as a result of installing an Automated Meter Reading (AMR) system. To avoid potential effects on customers, both now and in the future, MDU proposes to implement its fuel clause adjustment on a service rendered basis.
Vice Chairman Kolbeck moved that the Commission approve the tariff revisions. Motion passed 3-0.
Natural Gas
Mr. Jacobson, Staff Analyst, stated the filing is similar to EL08-027 and Staff recommended approval of the tariff revisions.
Commissioner Johnson moved that the Commission approve the tariff revisions. Motion passed 3-0.
Telecommunications
Mr. Rich Coit, representing SDTA, stated that SDTA has corresponded with Midco although SDTA does not agree with Midco's postion in SDTA's intervention. SDTA is willing to accept the conditions and restrictions on its participation in this docket agreed to between the parties. Mr. Dave Gerdes, representing Midcontinent, encouraged the Commission to adopt those provisions as set forth in SDTA's letter. Mr. Ryan Taylor, representing Alliance, stated that Alliance is in agreement with the proposed terms and supports SDTA's intervention in this matter.
Commissioner Johnson moved that the Commission grant SDTA's intervention consistent with conditions set forth in SDTA's letter filed on October 6, 2008. Motion passed 3-0.
Ms. Terri LaBrie Baker, Staff Analyst, stated Pulse Telecom has met the requirements for granting a certificate of authority and staff recommends the Commission grant an interexchange certificate of authority to Pulse Telecom, subject to the restrictions that Pulse Telecom 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.
Vice Chairman Kolbeck moved that the Commission grant a Certificate of Authority to Pulse Telecom LLC with the conditions recommended by staff. Motion passed 3-0.
Kara Semmler, Staff Attorney, recommended the Commission grant interventions to the parties that have filed. Mr. Coit, SDTA, stated that Native Telecom's application fails to give sufficient information as to how the company will be able to satisfy the rural service area protection/safeguard that is provided for under 47 U.S.C. § 253(f) and also SDCL § 49-31-73. Mr. Rich Coit stated that SDTA seeks intervention in this proceeding based on the interests of Golden West Telecom and Fort Randall, SDTA members, and also the interest of other SDTA member companies that operate as incumbent local exchange carriers and rural telephone companies that may be bound and affected favorably or adversely by decisions made in this proceeding. Ms. Margo Northrup stated that Golden West Telecommunications, Venture Communications, Midstate Communications, and Great Plains Communications have filed for intervention and requested that the Commission grant approval. Mr. Gene DeJordy stated that Native American Telecom does not object to the interventions of Golden West Telecommunications, Venture Communications, Midstate Communications, and Great Plains Communications, but does object to SDTA's intervention. If the Commission grants SDTA's intervention it should be subject only to specific interests of Golden West Telecommunications, Venture Communications, Midstate Communications and Great Plains Communications.
Chairman Hanson, hearing no objection, stated that Dockets TC08-109 and TC08-110 would be taken together.
Commissioner Johnson moved that the Commission grant intervention to Golden West Telecommunications, Great Plains Communications and Fort Randall Telephone Company in Docket TC08-109 and in Docket TC08-110 grant intervention to Midstate Communications and Venture Communications. Motion passed 3-0.
Vice Chairman Kolbeck moved that the Commission grant intervention to SDTA in Dockets TC08-109 and TC08-110. Motion passed 3-0.
Ms. Colleen Sevold stated that Qwest has no comment and requested approval by the Commission. Staff stated the amendment 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 amendment to the interconnection agreement.
Vice Chairman Kolbeck moved to approve the amendment to the interconnection agreement. Motion passed 3-0.
There being no further business, at the hour of 10:27 am the South Dakota Public Utilities Commission meeting adjourned. The next Commission meeting is scheduled for October 21, 2008.
/S/ Demaris Axthlem____
Demaris Axthelm
Administrative Secretary
November 12, 2008
