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South Dakota Public Utilities Commission Meeting
June 15, 2010, at 9:30 A.M. CDT
Room 413, Capitol Building
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. CDT on Monday, June 14, 2010. Lines are limited and are given out on a first come, first served basis, subject to possible reassignment to accommodate persons who must appear in a proceeding. Ultimately, if you wish to participate in the Commission Meeting and a line is not available you may have to appear in person.  

NOTE:  To listen to the Commission Meeting live please go to the PUC's Web site www.puc.sd.gov and click on the LIVE link on the home page. The Commission requests that persons who will only be listening to proceedings and not actively appearing in a case listen via the web cast to free phone lines for those who have to appear. The Commission meetings are archived on the PUC's Web site under the Commission Actions tab and then click on the LISTEN link on the page.

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 COMMISSION MEETING

Administration

1.      Approval of the Minutes of the Commission Meetings held on May 4 and May 18, 2010.  (Staff:  Stephanie Harmon)

Consumer Reports

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

Electric

1.      EL09-028        In the Matter of the Application by PrairieWinds SD1, Inc., a subsidiary of Basin Electric Power Cooperative, for a Wind Energy Facility Permit for the PrairieWinds SD1 Wind Farm and Associated Facilities. (Staff Analysts: Brian Rounds, Nathan Solem and Tim Binder, Staff Attorney: Karen Cremer)

            On December 30, 2009, PrairieWinds SD1, Inc., a wholly-owned subsidiary of Basin Electric Power Cooperative submitted an application for a Wind Energy Facility Permit for the Construction of the PrairieWinds SD1 Wind Farm and Associated Facilities. The applicant proposes to construct and operate a 151.5 MW wind energy facility near Crow Lake, South Dakota. The project would include 101 wind turbines and associated access roads, underground collector lines, a collector substation, an O&M building, and approximately 13 miles of 230 kV transmission line. At its January 19, 2010, meeting, the Commission, pursuant to SDCL 49-41B-12, unanimously voted to assess PrairieWinds a filing fee not to exceed $379,000, with an initial deposit of $8,000, the minimum fee allowed by law as requested by the Deputy Executive Director. On June 4, 2010, PrairieWinds SD1, Inc., and Staff filed a Joint Motion for Approval of Stipulation and the Stipulation.

            TODAY, shall the Commission approve the Joint Motion for Approval of Stipulation?

Natural Gas

1.      NG10-002       In the Matter of the Filing by MidAmerican Energy Company for Approval of Its 2009 Economic Development Activities and 2010 Proposed Budget. (Staff Analyst: David Jacobson, Staff Attorney: Kara Semmler)

            On April 7, 2010, as part of the Decision and Order approving Settlement Stipulation in NG01-010, MidAmerican Energy Company filed its 2009 economic development report and its proposed 2010 economic development budget for Commission approval

            TODAY, shall the Commission approve the 2009 Economic Development Report and the 2010 Economic Development Plan?

Pipeline Safety

1.      PS10-002        In the Matter of the Filing by Commission Pipeline Safety Staff Regarding Damage Prevention Programs (Staff Analysts: Nathan Solem and Cody Axlund, Staff Attorney: Kara Semmler)

            On June 3, 2010, the Pipeline Safety Staff requested the Commission open a docket and hire experts to determine if damage prevention efforts in South Dakota can be improved. According to a recent PHMSA survey of damage prevention, South Dakota was deficient in the following three damage prevention areas: (1) Employee training; (2) Public education; and (3) Data analysis. Pipeline safety has jurisdiction over gas pipeline operators in South Dakota and is evaluated by PHMSA regarding its damage prevention efforts. South Dakota's program can be improved through complete analysis of deficient areas listed above and determination regarding whether these elements are applicable and appropriate for implementation in South Dakota.        

         TODAY, how shall the Commission proceed?

Telecommunications

1.      TC10-026           In the Matter of a Complaint Filed by Sprint Communications Company, LP Against Native American Telecom, LLC Regarding Telecommunications Services (Staff Analyst: David Jacobson, Staff Attorney: Karen Cremer)

            On May 4, 2010, the Commission received a complaint from Sprint Communications Company, LP (Sprint) against Native American Telecom, LLC (NAT), in which Sprint seeks: 1) a determination that the Public Utilities Commission (Commission) has the sole authority to regulate Sprint's intrastate interexchange services and that NAT lacks authority to bill Sprint for switched access services without a Certificate of Authority and valid tariff on file with the Commission; 2) a declaration that because the Commission has the sole authority over Sprint's intrastate interexchange services, the Crow Creek Sioux Tribe Utility Authority is without jurisdiction over Sprint; 3) a determination that NAT must repay Sprint the amounts it inadvertently paid NAT for unauthorized and illegal switched access charges. On May 5, 2010 Sprint filed an Amended Complaint. On May 20, 2010, South Dakota Telecommunications Association (SDTA) filed a Petition to Intervene. On May 21, 2010, Petitions to Intervene by South Dakota Network, LLC (SDN), Midstate Communications (Midstate) and AT&T Communications of the Midwest, Inc., (AT&T) were filed. On June 1, 2010, NAT filed a Motion to Dismiss and a Motion to Establish Briefing Schedule for Respondent's Motion to Dismiss. On June 4, 2010, Sprint filed its Response to Crow Creek Sioux Tribe Utility Authority's (CCSTUA) Motion to Dismiss, or in the Alternative, Petition to Intervene. On June 7, 2010, CCSTUA filed a Motion to Dismiss or in the Alternative Petition to Intervene.

            TODAY, shall the Commission grant intervention to any party that has applied? And how shall the Commission proceed?

2.      TC10-029           In the Matter of the Filing for Approval of a Wireline Interconnection Agreement Between MCC Telephony of the Midwest, LLC and Brookings Municipal Utilities, d/b/a Swiftel Communications for the State of South Dakota (Staff Attorney: Kara Semmler)

            On May 14, 2010, the Commission received a filing for approval of a wireline interconnection agreement between MCC Telephony of the Midwest, LLC and Brookings Municipal Utilities, d/b/a Swiftel Communications for the state of South Dakota. Any party wishing to comment may do so by filing written comments with the Commission and the parties to the Agreement no later than June 3, 2010. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments. The Commission did not receive any comments on this matter.

            TODAY, shall the Commission Approve the Agreement?

3.      TC10-031           In the Matter of the Filing for Approval of a Wireline Interconnection Agreement Between Qwest Corporation and Neutral Tandem, Inc. for the State of South Dakota (Staff Attorney: Kara Semmler)

            On May 19, 2010, the Commission received a filing for approval of a wireline interconnection agreement between Qwest Corporation and Neutral Tandem, Inc. for the state of South Dakota. Any party wishing to comment may do so by filing written comments with the Commission and the parties to the Agreement no later than June 8, 2010. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments. The Commission did not receive any comments on this matter.

            TODAY, shall the Commission Approve the Agreement?

4.      TC10-032           In the Matter of the Filing for Approval of an Opt-in Wireline Interconnection Agreement Between Qwest Corporation and Triarch Marketing, Inc. dba Triarch Communications for the State of South Dakota  (Staff Attorney: Kara Semmler) 

            On May 19, 2010, the Commission received a filing for approval of an Opt-in wireline interconnection agreement between Qwest Corporation and Triarch Marketing dba Triarch Communications for the state of South Dakota. Any party wishing to comment may do so by filing written comments with the Commission and the parties to the Agreement no later than June 8, 2010. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments. The Commission did not receive any comments on this matter.

            TODAY, shall the Commission Approve the Opt-in Wireline Agreement?

5.      TC10-034           In the Matter of the Filing for Approval of a Wireline Interconnection Agreement Between Qwest Corporation and Greenfly Networks, Inc. dba Clearfly Communications for the State of South Dakota (Staff Attorney: Kara Semmler)      

            On May 19, 2010, the Commission received a filing for approval of a wireline interconnection agreement between Qwest Corporation and Greenfly Networks, Inc. dba Clearfly Communications for the state of South Dakota. Any party wishing to comment may do so by filing written comments with the Commission and the parties to the Agreement no later than June 8, 2010. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments. The Commission did not receive any comments on this matter.

            TODAY, shall the Commission Approve the Agreement?

6.      TC10-035           In the Matter of the Filing for Approval of a Four-Party Transit Traffic Amendment to the Wireline Interconnection Agreement Between Qwest Corporation and Neutral Tandem, Inc. for the State of South Dakota. (Staff    Attorney: Kara Semmler)

            On May 20, 2010, the Commission received a filing for approval of a four-party transit traffic amendment to the wireline interconnection agreement between Qwest Corporation and Neutral Tandem, Inc. for the state of South Dakota. Any party wishing to comment may do so by filing written comments with the Commission and the parties to the Agreement no later than June 9, 2010. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments. The Commission did not receive any comments on this matter.

            TODAY, shall the Commission Approve the Agreement?

7.      TC10-036           In the Matter of the Filing for Approval of an Originated Toll Free Service Jointly Provided Switched Access Amendment to the Wireline Interconnection Agreement Between Qwest Corporation and Neutral Tandem, Inc. for the State of South Dakota (Staff Attorney: Kara Semmler)

            On May 20, 2010, the Commission received a filing for approval of an originated toll free service jointly provided switched access ("JPSA") amendment to the wireline interconnection agreement between Qwest Corporation and Neutral Tandem, Inc. for the state of South Dakota. Any party wishing to comment may do so by filing written comments with the Commission and the parties to the Agreement no later than June 9, 2010. Parties to the Agreement may file written responses to the comments no later than twenty days after the service of the initial comments. The Commission did not receive any comments on this matter.

            TODAY, shall the Commission approve the amendment to the interconnection agreement?

Items for Commission Discussion

Announcements

  1. An ad hoc commission meeting will be held June 10, 2010, at 1:00 p.m., CDT in Room 414 at the State Capitol Building, Pierre, S.D., and Room 155 at the Technology Center, Mitchell Technical Institute, Mitchell, S.D.
  2. Commissioners and staff will participate in an Energy Efficiency Utility Workshop, June 23, 2010, at the Floyd Matthew Training Center in Pierre, S.D.
  3. A hearing in Docket EL09-018 will be held June 28 – July 16, 2010, in Room 414 at the State Capitol Building, Pierre, S.D. The hearing will begin at 9:00 a.m., CDT, June 28.
  4. The Public Utilities Commission offices will be closed Monday, July 5, 2010, in observance of Independence Day.
  5. The next regularly scheduled commission meeting will be held July 7, 2010, at 9:30 a.m., CDT, in Room 413 at the State Capitol Building, Pierre, S.D.
  6. Commissioners and staff will attend the annual summer committee meetings of the National Association of Regulatory Utility Commissioners, July 18-21, 2010, in Sacramento, Calif.
  7. Commission meetings are scheduled for July 27 and August 10, 2010.

 

/S/Cindy Kemnitz                    .
Cindy Kemnitz
Finance Manager
puc@state.sd.us  
June 8, 2010