South Dakota Public Utilities Commission Meeting
January 4, 2011 at 9:30 A.M. CST
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. CST on Monday January 3, 2011. 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 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, Click on "Commission Meeting Archives," to access the recordings.
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
- Approval of the Minutes of the Commission Meeting Held on November 23, 2010, and December 7, 2010. (Staff: Stephanie Harmon)
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
On November 30, 2010, the Commission received a filing by Otter Tail Power Company (Otter Tail) for approval to revise its tariffed Summary of Contracts with Deviations. The existing contract with the City of Gary expired on December 9, 2010. Otter Tail states the new agreement does not contain any deviations from Otter Tail's currently filed tariff rates and therefore requests that the reference to a contract with the City of Gary be removed from the Summary of Contracts with Deviations.
TODAY, shall the Commission approve the tariff revision?
On December 2, 2010, the Commission received a filing by Montana-Dakota Utilities Co. (MDU) asking for approval to revise its List of Gas Contracts with Deviations. The existing contract with Countertops, Inc. expired and a new agreement was effective on December 1, 2010. MDU states the new agreement for firm deliveries does not contain any deviations from its currently filed tariff and therefore requests that the reference to a contract with Countertops, Inc. be removed from the Summary of Contracts with Deviations. MDU is also requesting a waiver of ARSD 20:10:13:18 as no customers, other than Countertops, Inc., are affected by the change in the tariff.
TODAY, shall the Commission approve the revised tariff sheet? AND shall the Commission grant a waiver of ARSD 20:10:13:18?
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)
On October 27, 2010, the Commission received a complaint from Midcontinent Communications, Knology of the Plains, Inc., and Knology of the Black Hills, LLC (Complainants) against MCI Communications Services, Inc. d/b/a Verizon Business Services (Verizon) for unpaid access charges. The Complainants allege that Verizon has failed to pay invoices pursuant to state tariffs for the provision of intrastate switched access services. The Complainants believe Verizon withheld payment based on Verizon's argument the unpaid amounts are linked to IP-originated and IP-terminated traffic and it does not believe these items are subject to switched access tariff charges. The Complainants disagree, arguing traffic is undistinguishable and subject to switched access charges. On November 18, 2010, the Commission received an Answer to Complaint, Request for Stay to Permit Settlement Negotiations, Or, in the Alternative, Request for Hearing on Threshold Factual Issues Related to Jurisdiction from Verizon. On December 8, 2010, the Complainants filed their Opposition to Verizon's Request for Stay or Alternative, Request for Hearing on Threshold Factual Issues. On December 13, 2010, Verizon filed a reply to Complainants' Brief in Support of Opposition to Verizon's Request for Stay or Alternative Request for Hearing on Threshold Factual Issues. On December 21, 2010, Complainants filed a Request for Interim Relief. On December 27, 2010, Complainants filed a Request for Procedural Schedule.
TODAY, how shall the Commission proceed regarding the Complainant's request for interim relief? AND, how shall the Commission proceed regarding a procedural schedule?
2. TC10-097 In the Mater of the Application of Pac-West Telecomm, Inc. for a Certificate of Authority to Provide Facilities Based and Resold Local Exchange and Interexchange Services in South Dakota (Staff Analyst: Bobbi Bourk, Staff Attorney: Karen Cremer)
On October 29, 2010, the Commission received an application from Pac-West Telecomm, Inc. (Pac-West) for a certificate of authority to provide facilities based and resold local exchange and interexchange services for the state of South Dakota. Pac-West intends to provide local exchange service in the areas served by Qwest and does not plan to provide service in areas of any small or rural local exchange carriers. The Company intends to provide switched local telecommunications services to South Dakota businesses. The Company seeks authority to provide switched and dedicated facilities-based and resold local exchange and interexchange telecommunications services. On December 22, 2010, Pac-West Telecomm, Inc., filed a petition for exemptions or waivers of ARSD 20:10:27:07, 20:10:27:11, 20:10:27:12, and 20:I0:27:13.
TODAY, shall the Commission approve the Certificate of Authority? AND, shall the Commission approve the Access Services Tariff? AND, shall the Commission grant an exemption from ARSD 20:10:27:11 and waivers from ARSD 20:10:27:07, 20:10:27:11, 20:10:27:12, and 20:I0:27:13?
Items for Commission Discussion
- The Public Utilities Commission offices will be closed Friday, December 31, 2010, in observance of New Year's Day.
- A public input hearing in docket EL10-016 will be held Thursday, January 6, 2011, beginning at 6:30 p.m., CST, in the Daktronics Banquet Room A at the Swiftel Center, Brookings, S.D.
- Commissioners and staff will attend the annual Mid-America Regulatory Conference Commissioners Retreat, January 13-15, 2011, in San Antonio, Texas.
- The Public Utilities Commission offices will be closed Monday, January 17, 2011, in observance of Martin Luther King, Jr., Day.
- The next regularly scheduled commission meeting will be held Tuesday, January 18, 2011, at 2:30 p.m., CST, in Room 413 at the State Capitol Building, Pierre, S.D.
- A hearing in docket RM05-002 will be held Thursday, January 20, 2011, beginning at 1:00 p.m., CST, in Room 464 at the State Capitol Building, Pierre, S.D.
- Commission meetings are scheduled for February 1 and 22, 2011.
- An Open House for Legislators will be held on Wednesday, January 26, 2011, from 7:30 to 11:00 a.m., in the Commission's office at the State Capitol Building, Pierre, S.D.
- Commissioners and staff will attend the annual Winter Committee Meetings of the National Association of Regulatory Utility Commissioners, February 13-16, 2011, in Washington, D.C.
- The Public Utilities Commission offices will be closed Monday, February 21, 2011, in observance of Presidents' Day.
/S/ Patricia Van Gerpen
Patricia Van Gerpen
December 28, 2010