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South Dakota Public Utilities Commission Meeting


Tuesday, April 6, 2004 at 9:30 A.M.
State Capitol Building, Room 412
Pierre, South Dakota

NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 by 5:00 p.m. on April 5, 2004.

NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.

ADDENDUM TO THE AGENDA OF
THE COMMISSION MEETING

Electric

1. EL04-009 In the Matter of the Application of East River Electric Power Cooperative, Inc. for a Transmission Upgrade to the Sioux Falls Area 115 kV Transmission Project. (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)

On February 27, 2004, East River Electric Power Cooperative filed for approval an application for its proposed Sioux Falls Area 115 kilovolt Transmission Upgrade Project. The proposed project would convert approximately 36 miles of an existing East River 69 kilovolt transmission line and 7 existing East River 69 kilovolt distribution substations to 115 kilovolts. The project is needed for East River to be able to continue to adequately and reliably serve the growing electrical needs of its member distribution systems in the Sioux Falls area. Xcel Energy filed a Motion to Intervene on March 19, 2004. The Commission issued a Notice of Application; Order for and Notice of Public Input Hearing; and Notice of Opportunity to Apply for Party Status on March 25, 2004. A public hearing on East River's application will be held on Monday, April 12, 2004, at 8:00 p.m. CDT in the Meeting Room of the Ronning Branch Library, 3100 E. 49th Street, Sioux Falls, SD.

TODAY, shall the Commission grant Xcel Energy's Motion to Intervene?

Telecommunications

1. TC03-191 In the Matter of the Filing by WWC License, LLC d/b/a CellularOne for Designation as an Eligible Telecommunications Carrier in Other Rural Areas. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)

On November 5, 2003, WWC Holding Co., Inc., d/b/a CellularOne (Western Wireless) filed a petition to be designated as an eligible telecommunications carrier (ETC) for purposes of qualifying to obtain federal universal service support in the study areas of certain rural telephone companies. This petition seeks an order immediately designating Western Wireless as an ETC in the study areas of the following rural telephone companies: Golden West Telephone Cooperative Inc., James Valley Cooperative Telephone Company, Splitrock Properties Inc., Sully Buttes Telephone Cooperative Inc., Tri-County Telecom Inc., Vivian Telephone Co., West River Telecommunications Coop (Mobridge) - SD, and West River Telecommunications Cooperative - SD. On November 21, 2003, James Valley Coop Telephone, SDTA, Golden West Telecommunications Cooperative, Alliance Communications Cooperative, Inc., and Splitrock Properties, Inc., Vivian Telephone Company, Venture Communications Cooperative, Tri-County Telecom, Inc., and West River Telecommunications Cooperative (Hazen, ND) filed for intervention. The Commission granted intervention to all parties that filed a December 2, 2003, meeting. On January 2, 2004, WWC filed a Motion to Amend Petition. The Commission granted WWC's Motion to Amend Petition a regularly scheduled meeting on January 20, 2004. An Order For and Notice of Procedural Schedule and Hearing was issued on February 13, 2004. On March 5, 2004, the Intervenors filed a Motion to Compel Discovery and a Motion to Expand Procedural Schedule. Alliance Communications Cooperative, Inc. and Splitrock Properties, Inc. filed a Motion to Withdraw Petition to Intervene on March 11, 2004. The Commission granted the Intervenors Motion to Expand Procedural Schedule at an Ad Hoc meeting on March 15, 2004. The Commission granted in part and denied in part Intervenors Motion to Compel Discovery and granted Alliance and Splitrock's Motion to withdraw at the regularly scheduled meeting on March 23, 2004. West River Telecommunications Cooperative filed a Motion to Withdraw Petition on March 22, 2004.

TODAY, shall the Commission grant West River Telecommunications Cooperative's Motion to Withdraw Petition?

2. TC04-003 In the Matter of the Filing by Midcontinent Communications for Designation as an Eligible Telecommunications Carrier within Qwest Service Areas. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)

On January 8, 2004, Midcontinent Communications (Midcontinent) filed a petition to be designated as an eligible telecommunications carrier (ETC) for purposes of qualifying to obtain federal universal service support in the Qwest Corporation service areas, except Arlington, Chamberlain, Colman, DeSmet, Elk Point, Flandreau, Hill City, Lake Preston, Morristown, Vermillion, Volga-Bruce, Whitewood, and Yankton. On March 24, 2004, Midcontinent filed a Motion to Amend Petition. By this amendment, the exchanges of North Sioux City and North Valentine would be added to those Qwest service areas excluded from Midcontinent's application for ETC status.

TODAY, shall the Commission grant Midcontinent's Motion to Amend Petition?

3. TC04-025 In the Matter of the Petition of Kennebec Telephone Company for Suspension or Modification of 47 U.S.C. Section 251(b)(2) of the Communications Act of 1934 as Amended. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)

On February 12, 2004, Kennebec Telephone Company (Kennebec) filed a petition seeking suspension or modification of its requirement to implement local number portability (LNP) pursuant to Section 251(b)(2) of the Telecommunications Act of 1996. According to Kennebec, it has received requests to deploy LNP from Cellco Partnership d/b/a Verizon Wireless and from Western Wireless Corporation d/b/a Verizon Wireless and from Western Wireless Corporation d/b/a CellularOne. Kennebec states that it is a small telephone company that serves less than two percent of the nation's subscriber lines installed in the aggregate nationwide, therefore under Section 251(f)(2) Kennebec may petition the Commission for suspension or modification of its obligation to implement LNP within six months of a request to deploy LNP. Kennebec "requests the Commission to (1) issue an interim order that suspends any obligation that may exist for Kennebec to provide LNP until six months after entry of a final order herein; (2) issue a final order that grants a permanent suspension for Kennebec's obligation to implement LNP until conditions are met as described herein; and (3) grant Kennebec such other and further relief that may be proper." Western Wireless filed a Petition to Intervene on March 4, 2004. A Petition to Intervene of the South Dakota Telecommunications Association was filed on March 5, 2004. The Commission granted intervention to Western Wireless and the South Dakota Telecommunications Association a March 23, 2004, meeting.

TODAY, shall the Commission grant the petition for an interim suspension of any obligation that may exist for Petitioner to provide LNP until six months after entry of a final order?

4. TC04-038 In the Matter of the Petition of Santel Communications Cooperative, Inc. for Suspension of Intermodal Local Number Portability Obligations. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)

On February 25, 2004, Santel Communications Cooperative (Santel) filed a petition requesting the Commission to grant a suspension to Santel from porting numbers, wireline-to-wireless, as may be requested by Commercial Mobile Radio Services (CMRS). Western Wireless filed a Petition to Intervene on March 8, 2004. Midcontinent Communications and the South Dakota Telecommunications Association filed Petitions to Intervene on March 11, 2004. Santel filed an Application to Amend Petition on March 15, 2004, for the purpose of adding the section 20:10:32:39 requirements and to further amend the Petition to add updated cost data. The Commission granted intervention to Midcontinent Communications and the South Dakota Telecommunications Association a March 23, 2004, meeting.

TODAY, shall the Commission grant the petition for an interim suspension of any obligation that may exist for Petitioner to provide LNP until six months after entry of a final order?

______________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
April 2, 2004