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South Dakota Public Utilities Commission Hearing
March 30, 2011, 1:00 p.m. CDT
Room 412, Capitol Building
Pierre, South Dakota

Minutes of Ad Hoc Commission Meeting

Chairman Steve Kolbeck called the hearing to order.  Present were: Vice-Chairman Gary Hanson and Commissioner Chris Nelson; Commission Counsel: Rolayne Wiest and John Smith Commission Advisor: Greg Rislov; Staff Attorneys: Kara Semmler and Ryan Soye; Staff Analyst: Bobbi Bourk; Brian Rounds and Staff: Demaris Axthelm.

Also present were: Brett Koenecke, May, Adam, Gerdes, and Thompson, representing Verizon Business Services, Kathy Ford, Davenport, Evans, Hurwitz & Smith, LLP, representing Midcontinent Communications; Midcontinent Communications representatives: Dan Nelson and Mary Lohnes; and Lindsey Riter-Rapp, Riter, Rogers, Wattier & Northrup, LLP, representing South Dakota Network.

Joining the meeting by telephone were: MidAmerican representatives: Chuck Rea, Jennifer Moore and Cade Simmons; Tom Simmons, Midcontinent Communications; Christopher Oatway, Verizon Business Services

Gas and Electric

1.     GE11-001     In the Matter of the Filing by MidAmerican for the Approval of its Reconciliation for 2010 and its Proposed Energy Efficiency Plan for 2011 (Staff Analysts: Brian Rounds and Ross Pedersen, Staff Attorneys: Kara Semmler and Ryan Soye)

A discussion took place regarding Docket GE11-001. An audio of the discussion can be found on the PUC Web site under Commission Actions; Commission Meeting Archives; 2011; March 30, 2011, Ad Hoc Commission Meeting, recording located at: http://media.sd.gov:81/puc/puc03302011.mp3 .

Commissioner Hanson moved to approve MidAmerican's Energy Efficiency 2010 Annual Report and Reconciliation. Motion passed 3-0.

Commissioner Hanson moved to approve MidAmerican's 2011 Energy Efficiency Plan Update and Tariff Revisions with an effective date of April 4, 2011. Motion passed 3-0.

Telecommunications

1.      TC10-096     In the Matter of the Complaint Filed by Midcontinent Communications, Knology of the Plains, Inc., and Knology of the Black Hills, LLC, Against MCI Communications Services, Inc. d/b/a Verizon Business Services for Unpaid Access Charges (Staff Analyst: Bobbi Bourk, Staff Attorney: Kara Semmler)

A discussion took place regarding Docket TC10-096. An audio of the discussion can be found on the PUC Web site under Commission Actions; Commission Meeting Archives; 2011; March 30, 2011, Ad Hoc Commission Meeting, recording located at: http://media.sd.gov:81/puc/puc03302011.mp3.

Commissioner Kolbeck moved to grant Verizon's request in Interrogatory Number 4(c) to require Midcontinent to identify each carrier that MIdcontinent customers subscribe to as their interexchange carrier and the number of Midcontinent customers that were subscribed to each of these carriers on December 31, 2010. Motion carried 2-1. Hanson dissented.

Commissioner Kolbeck moved to deny Verizon's request in Interrogatory Number 4(e). Motion carried 3-0.

Commissioner Kolbeck moved to approve Verizon's request in Interrogatory Number 2 to require Midcontinent to provide emails from the specific carrier dating back to 2006 and to the extent the email records exist.

Commissioner Nelson moved to amend the motion to reflect that emails specific to Voice Over Protocol be submitted.

Commissioner Kolbeck then amended his motion to approve Verizon's Interrogatory Number 2 to require Midcontinent to provide VoIP and IP enabled traffic related communications from the specific carrier, dating back to 2006, to the extent the records exist. Motion carried 3-0.

Commissioner Kolbeck moved to grant Verizon's Interrogatory Number 15. Motion carried 2-1. Hanson dissented.

Commissioner Kolbeck moved to grant Verizon's document request in Interrogatory Number 1(a), if they exist. Motion failed 1-2. Hanson and Nelson dissented.

Commissioner Nelson moved to deny Verizon's document request in Interrogatory Number 1(a). Motion carried 2-1. Kolbeck dissented.

Commissioner Kolbeck moved to deny Verizon's document request in Interrogatory Number 1(e). Motion carried 2-1. Hanson dissented.

There being no further business, at the hour of 3:05 p.m. the South Dakota Public Utilities Commission Hearing adjourned.

 

/S/ Seanna Regynski_
Seanna Regynski
Administrative Secretary
March 30, 2011