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South Dakota Public Utilities Commission Meeting
Tuesday, January 25, 2005 at 1:30 P.M.
State Capitol Building, Room 468
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 January 24, 2005. 

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.

AGENDA OF THE COMMISSION MEETING

Administration

1.         Approval of the Minutes of the Ad Hoc Meeting Held on January 10, 2005.  (Staff:  Tina Douglas.)

Consumer Issues

1.         Status Report on Consumer Utility Inquiries and Complaints Received by the Commission.  (Consumer Affairs:  Jim Mehlhaff)

Electricity

1. EL04-041        In the Matter of the Application of Basin Electric Power Cooperative, Inc. for an Energy Conversion Facility Permit for the Construction of a Combustion Turbine Generator near Groton, South Dakota.   (Staff Analyst:  Michele Farris,  Staff Attorney:  Karen Cremer)

On December 22, 2004, Basin Electric Power Cooperative filed for Commission approval an application for an energy conversion facility permit.  Basin Electric is proposing to construct a peaking resource generator near Groton, South Dakota.  The project is proposed to serve projected member load growth and is known as the East Side Peaking Project.  The proposed East Side Peaking Project will include a new  80 to 100 megawatt simple cycle natural gas combustion turbine generator.  The project also includes approximately 11.5 miles of underground gas pipeline and approximately 0.5 miles of transmission line.

TODAY, shall the Commission assess a filing fee not to exceed $172,500 with an initial deposit of $8,000.00?

Telecommunications

1.  TC04-215        In the Matter of the Filing for Approval of Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services and Resale of Telecommunications Services between Qwest Corporation and Bullseye Telecom, Inc.   (Staff Attorney:  Sara B. Greff)

On November 3, 2004, the Commission received a filing for the approval of Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services, and Resale of Telecommunication Services between Qwest Corporation and Bullseye Telecom, Inc.  According to the parties, the Agreement "is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will provide Bullseye network interconnection, access to the unbundled network elements, ancillary services and telecommunications services available for resale within the geographical areas in which Qwest is providing local exchange service at that time, and for which Qwest is the incumbent local exchange carrier within the state of South Dakota, for purposes of providing local telecommunications services." 

TODAY, shall the Commission dismiss and close the docket?

2. TC04-252         In the Matter of the Application of AccessLine Communications Corporation for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota.    (Staff Analyst:  Michele Farris,  Staff Attorney:  Karen Cremer)

On November 23, 2004, AccessLine Communications Corporation filed for approval an application for a Certificate of Authority to provide Interexchange Telecommunication Services in South Dakota.  The applicant intends to provide resold interexchange services, including outbound dialing, 800/888 toll free inbound dialing, conference calling, enhanced services, data services and postpaid calling card service.  The applicant intends to provide these services throughout South Dakota.

TODAY, shall the Commission Grant a Certificate of Authority to AccessLine Communications Corporation?  

3.         In the Matter of Approving the Agreements and the Amendments in TC04-253, TC04-254, TC04-262,  and TC04-264.

TC04-253        In the Matter of the Filing for Approval of a Master Services Agreement between Qwest Corporation and Granite Telecommunications, LLC. (Staff Attorney:  Sara B. Greff)

On November 23, 2004, the Commission received a filing for the approval of Qwest's Master Services Agreement.  Qwest Corporation and Granite Telecommunications, LLC have executed a commercial agreement related to the provisions of switching and shared transport.  The Master Services Agreement is being filed in compliance with the Commission's Order dated October 29, 2004, in Docket TC04-144.  In its cover letter, Qwest stated that, "Qwest has disputed, and will continue to dispute, that the (Master Services) Agreement and similar commercial arrangements between Qwest and CLECs are ICAs that must be filed with the Commission for approval pursuant to Section 252 of the Act.  Notwithstanding this position, and without waiving any of its rights or arguments on these issues, Qwest is filing the Agreement as set forth above.  Qwest is making the filing solely to avoid further controversy or disputes with the Commission regarding the appropriate legal status of the Agreement. . . ." 

TC04-254        In the Matter of the Filing for Approval of a Master Services Agreement between Qwest Corporation and Z-Tel Communications, Inc. (Staff Attorney:  Sara B. Greff)

On November 23, 2004, the Commission received a filing for the approval of Qwest's Master Services Agreement.  Qwest Corporation and Z-Tel Communications, Inc. have executed a commercial agreement related to the provisions of switching and shared transport.  The Master Services Agreement is being filed in compliance with the Commission's Order dated October 29, 2004, in Docket TC04-144.  In its cover letter Qwest stated that, "Qwest has disputed, and will continue to dispute, that the (Master Services) Agreement and similar commercial arrangements between Qwest and CLECs are ICAs that must be filed with the Commission for approval pursuant to Section 252 of the Act.  Notwithstanding this position, and without waiving any of its rights or arguments on these issues, Qwest is filing the Agreement as set forth above.  Qwest is making the filing solely to avoid further controversy or disputes with the Commission regarding the appropriate legal status of the Agreement. . . ." 

TC04-262        In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and Sprint Communications Company L.P.  (Staff Attorney:  Sara B. Greff)

On December 20, 2004, the Commission received a filing for the approval of a Line Sharing Exit Amendment to the Agreement between Qwest Corporation and Sprint Communications Company LP.  According to the parties, the Amendment is made to add, delete and/or modify the terms, conditions and rates for Line-Sharing. 

TC04-264        In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and ACN Communication Services, Inc.  (Staff Attorney:  Sara B. Greff)

On December 21, 2004, the Commission received a filing for the approval of an Amendment to the Interconnection Agreement for Elimination of UNE-P and Implementation of Batch Hot Cut Process and Discounts between Qwest Corporation and ACN Communication Services, Inc.  According to the parties, the Amendment is filed to address uncertainty and create a stable arrangement. 

            TODAY, shall the Commission Approve the Agreements and the Amendments in the above Dockets?

4. TC04-261        In the Matter of the Filing by Qwest Corporation for Approval of Revisions to its Access Service Tariff.   (Staff Analyst:  Harlan Best,  Staff Attorney:  Karen Cremer)

On December 15, 2004, Qwest Corporation filed to add Optical DS3 Entrance Facility to its Access Service Tariff. The filing would mirror the current F.C.C. No. 1 Switched Access Tariff by adding a monthly recurring rate element to the intrastate Access Service Tariff for Optical DS3 Entrance Facility.  Qwest Corporation requests this filing become effective January 12, 2005.

TODAY, shall the Commission Approve the Access Service Tariff Revisions?

Announcements

1. The next regularly scheduled Commission meeting will be held February 8, 2005, at 1:30 p.m. in Room 468, at Pierre, South Dakota.

2. Commission meetings are scheduled for February 22, 2005, and March 8, 2005.

3. A public meeting in docket EL04-041 will be held at CoCo's Restaurant in Groton, SD beginning at 6:00 p.m. on Thursday, February 3, 2005.

4. A hearing in docket EL04-032 will be held at the Crossroads Hotel & Convention Center in Huron, SD beginning at 10:00 a.m. on Thursday, February 17, 2005.

 

 

______________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
January 19, 2005