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South Dakota Public Utilities Commission Meeting

Tuesday, April 26, 2005 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 25, 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

Consumer Issues

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

Electricity

1.    EL04-032 In the Matter of the Petition for Electrical Service by Dakota Turkey Growers, LLC to have Dakota Energy Cooperative, Inc. Assigned as its Electric Provider in the Service Area of NorthWestern Energy. (Staff Analyst: Michele Farris, Staff Attorneys: Karen Cremer/Sara Greff)

On October 18, 2004, the Commission received a petition from Dakota Turkey Growers, LLC for electrical service. The petition requests that the Public Utilities Commission assign Dakota Energy Cooperative, Inc. as the supplier of electrical service to the Dakota Turkey Growers facility. Dakota Turkey Growers is constructing and will operate a turkey processing plant at a site located in the NE Quarter of Section 4, Township 110 North, Range Six West, in Beadle county, South Dakota, approximately one and one-half miles east of Huron, South Dakota, on the south side of Highway 14. The site of the facility is within the assigned service area of NorthWestern Energy. Dakota Turkey Growers will require electrical service of substantially more than a contracted minimum demand of 2,000 kilowatts, and will enter into a contract for such electrical service. On November 3, 2004, NorthWestern Corporation (NorthWestern) filed a Petition to Intervene and Objection. The Commission granted intervention to NorthWestern at its November 30, 2004, meeting. NorthWestern filed a Motion for Summary Disposition on January 12, 2005. A Stipulation to Amend Petition signed by both parties was filed on February 2, 2005. On February 3, 2005, Dakota Turkey Growers filed a Memorandum of Law in Opposition to Motion for Summary Disposition. Staff filed a Response to Motion for Summary Disposition on February 8, 2005. An Order Denying Motion for Summary Disposition was issued on February 14, 2005. A hearing was held on February 17, 2005.

TODAY, what is the Commission's decision?


2.    EL05-006 In the Matter of the Filing by NorthWestern Corporation d/b/a NorthWestern Energy for Approval of Tariff Revisions. (Staff Analyst: Dave Jacobson, Staff Attorneys: Sara Greff)

Filing by NorthWestern Energy for approval of revisions to electric tariff schedules Option N and Option L. The proposed tariff revisions would allow NorthWestern Energy, without prior Commission approval, to discount energy charges applicable to new customers, receiving service at new locations, with a demand of 2 megawatts or more in order to offer competitive rates.

TODAY, shall the Commission Approve the Tariff Revisions?

3. EL05-012 In the Matter of the Joint Request for an Electric Service Territory Boundary Change between Xcel Energy, Inc. and Sioux Valley-Southwestern Electric Cooperative, Inc. d/b/a Sioux Valley Energy. (Staff Analyst: Dave Jacobson, Staff Attorneys: Sara Greff)

On April 1, 2005, Xcel Energy, Inc. (Xcel) and Sioux Valley-Southwestern Electric Cooperative, Inc. (SVE) filed for Commission approval a joint Electric Service Territory Exchange Agreement. SVE agrees to transfer to Xcel the area defined as "Sioux Valley Energy Lot Exchange" presently residing in Block 1 north of the existing territory boundary line in Sunrise Estates Addition in the SW 1/4 of Section 36, Township 102 North, Range 48 West, Brandon Township of Minnehaha County, South Dakota. All new services within the transferred territory will be served by Xcel. Xcel agrees to transfer to SVE the area defined as "Xcel Energy Lot Exchange" presently residing in Blocks 1, 2 and 3 south of the existing territory boundary line in Sunrise Estates Addition in the SW 1/4 of Section 36, Township 102 North, Range 48 West, Brandon Township of Minnehaha County, South Dakota. All new services within the transferred territory will be served by SVE. The developer of Sunrise Estates Addition concurs with the request.

    TODAY, shall the Commission approve the Territory Boundary Change?

Telecommunications

1.    TC04-225 In the Matter of the Filing by VCI Company for Designation as an Eligible Telecommunications Carrier. (Staff Analyst: Harlan Best, Staff Attorney: Karen Cremer)

On November 15, 2004, VCI Company filed a petition for designation as an Eligible Telecommunications Carrier (ETC) in Qwest Corporation exchanges in South Dakota. VCI Company is a competitive local exchange carrier providing wireline services primarily through the leasing of Unbundled Network Elements.

TODAY, shall the Commission enter an Order designating VCI Company as an ETC for its requested ETC service area, AND shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the plan for the use of federal universal services support?

2.    TC05-008 In the Matter of the Application of BullsEye Telecom, Inc. for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota. (Staff Analyst: Keith Senger, Staff Attorney: Sara Greff)

On January 21, 2005, BullsEye Telecom, Inc. filed an application seeking a Certificate of Authority to provide interexchange services throughout South Dakota and local exchange services in the areas served by Qwest. The Applicant will offer local services using UNE P of Qwest and will offer interexchange services to its presubscribed local exchange customers through underlying carriers.

TODAY, shall the Commission Grant a Certificate of Authority to BullsEye Telecom, Inc.?

3.    In the Matter of Approving Agreements in TC04-215 and TC05-018.

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 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." Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than November 23, 2004. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments.

    TC05-018    In the Matter of the Filing for Approval of a Resale Agreement between Qwest Corporation and eAcceleration Corp. (Staff Attorney: Sara Greff)

On February 2, 2005, the Commission received a filing for the approval of a Resale Agreement between Qwest Corporation (Qwest) and eAcceleration Corp. (eAcceleration). According to the filing, the agreement sets forth the terms, conditions and pricing under which Qwest will offer and provide to eAcceleration ancillary services and telecommunications services available for resale within the geographical areas in which both parties are 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. Any party wishing to comment on the agreement may do so by filing written comments with the Commission and the parties to the agreement no later than February 22, 2005. Parties to the agreement may file written responses to the comments no later than twenty days after the service of the initial comments.

TODAY, shall the Commission Approve the Agreements?

4.    TC05-050 In the Matter of the Filing for Approval of an Adoption Agreement between Qwest Corporation and KMC Data, LLC. (Staff Attorney: Sara Greff)

On March 10, 2005, the Commission received a filing for approval of a Notice of Election of Interconnection Agreement between Qwest Corporation and KMC Data, LLC. According to the parties, "KMC Data elects to receive interconnection services in accordance with the terms of the interconnection agreement between Qwest and AT&T approved by the Commission on May 13, 2004 in Docket No. TC04-080." Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties to the Agreement no later than March 30, 2005. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments. Qwest filed a Motion to Reopen Record and Allow Late Filed Comments on April 11, 2005.

TODAY, shall the Commission grant Qwest's Motion to Reopen Record and Allow Late Filed Comments and also shall the Commission Approve the Agreement?

5.    TC05-051 In the Matter of the Application of UCN, Inc. for a Certificate of Authority to Provide Local Exchange Services in South Dakota. (Staff Analyst: Michele Farris, Staff Attorney: Sara Greff)

On March 10, 2005, UCN, Inc. filed an application for a certificate of authority to provide resold and facilities-based local exchange telecommunications services in South Dakota. UCN, Inc. proposes to serve residential and business customers with inbound and outbound resold long distance telecommunications services. UCN, Inc. plans to provide local service through commercial resale agreements. UCN, Inc. requests authority to operate as a competitive local exchange carrier in all areas defined by the existing exchange areas of Qwest Corporation.

TODAY, shall the Commission Grant a Certificate of Authority to UCN, Inc.?

Announcements

1.     The next regularly scheduled Commission meeting will be held May 10, 2005, at 9:30 a.m. in Room 412, at Pierre, South Dakota.
2.     Commission meetings are scheduled for May 24 and June 14, 2005.
3.     The PUC office will be closed May 30, 2005, in observance of Memorial Day.

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