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South Dakota Public Utilities Commission Meeting
June 14, 2011, 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 13, 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 

Consumer Reports

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

Electric

1.     EL09-030     In the Matter of the Petition of Xcel Energy for Approval to Establish a Demand Side Management Program and Cost Recovery Tariff and for Approval of its 2010 Planned Costs to be Included in its Rates (Staff Analyst: Brian Rounds, Staff Attorney: Karen Cremer)

On December 31, 2009, Northern States Power Company, dba Xcel Energy, filed a petition with the Commission for approval of an expanded demand side management program and cost recovery tariff.  In its petition, Xcel requests to add several new programs and establish a Demand Side Management Cost Adjustment Factor to be included in its rates. On May 31, 2011, Xcel Energy filed a letter requesting that their petition filed on December 31, 2009, be withdrawn.

     TODAY, shall the Commission grant the request to withdraw the petition and close the docket?

2.     EL10-015     In the Matter of the Petition of Otter Tail Power Company to Establish a Transmission Cost Recovery Tariff ( Staff Analysts: Brian Rounds, Dave Jacobson, Brittany  Mehlhaff, Ross Pedersen, Staff Attorneys: Kara Semmler, Ryan Soye)

On November 5, 2010, the Commission received a petition from Otter Tail Power Company (Otter Tail) requesting approval to establish a Transmission Cost Recovery Tariff. The tariff mechanism provides for the automatic adjustment of charges to recover the jurisdictional costs of new or modified transmission facilities and federally regulated costs to increase regional transmission capacity or reliability. Otter Tail is proposing an effective date of March 1, 2011.

     TODAY, shall the Commission give the Executive Director authority to enter necessary consulting contracts having a total amount not to exceed $40,000?

3.     EL10-016     In the Matter of the Application of Great River Energy and Northern States Power Company d/b/a Xcel Energy for a Permit to Construct a 10.6 Mile, 345 kV Transmission Line (CapX2020) in Brookings County Near White, South Dakota (Staff Analysts: Brian Rounds, Joshua Williams, Ross Pedersen, Chris Daugaard, Staff Attorneys: Karen Cremer, Ryan Soye) 

On November 23, 2010, the Commission received an application from Great River Energy and Northern States Power Company d/b/a Xcel Energy for a permit to construct a 10.6 mile, 345 kV transmission line in Brookings County near White, South Dakota. On January 10, 2011, the Brookings County Commission filed an Application for Party Status.  On January 28, 2011, the Commission granted party status to Brookings County.  The parties have advised that they expect to file a Joint Motion for Approval of the Settlement Stipulation on or before June 9, 2011.

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

4.     EL11-010     In the Matter of the Filing by Otter Tail Power Company for Approval of Tariff Revisions (Staff Analyst: Dave Jacobson, Staff Attorney: Ryan Soye)

On May 12, 2011, the Commission received an application by Otter Tail Power Company for approval to revise Section 16.00, Sheet No. 4. This revised sheet is the second revision to Sheet No. 4 of Otter Tail's summary list of contracts with deviations. The municipal service agreement between Otter Tail and the City of Ward, S.D., referenced on the current Summary List of Contracts with Deviations has expired and there is a new agreement for municipal services as of May 1, 2011. Electric service provided by Otter Tail to the City of Ward is at Commission approved tariff rates and therefore a contract with deviations no longer exists with the City of Ward. The contract has been removed from the list as shown on the attached Section 16.00, Second Revised Sheet No. 4 Canceling First Revised Sheet No. 4.

     TODAY, shall the Commission approve the revised Section 16.00 Sheet No. 4?

Natural Gas

1.     NG11-003     In the Matter of the Application of NorthWestern Corporation dba NorthWestern Energy for Authority to Increase its Natural Gas Rates (Staff Analysts: Jon Thurber, Brittany Mehlhaff, Bobbi Bourk, Staff Attorney: Karen Cremer)

On May 20, 2011, the Commission received an application by NorthWestern Corporation dba NorthWestern Energy (NorthWestern) for approval to increase rates for natural gas service in its South Dakota service territory by $4,123,035 annually or 7.20% based on NorthWestern's test year ending December 31, 2010.  The company states that the proposed increase for a residential customer would be $8.31 per month based on an average usage of 63 therms per month. The proposed rates may potentially affect approximately 43,750 customers in NorthWestern's South Dakota service territory.

     TODAY, shall the Commission give the Executive Director authority to enter into necessary consulting contracts?

Telecommunications

1.     TC11-016     In the Matter of the Application of ONLINE SAVINGS, Inc. for a Certificate of Authority to Provide Interexchange Long Distance Services  (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)

        On April 25, 2011, ONLINE SAVINGS, INC. (ONLINE) filed an application for a certificate of authority to provide intrastate interexchange telecommunications services within South Dakota through the resale of similar services offered by other interexchange carriers in the state. ONLINE intends to operate exclusively as a reseller to provide interexchange services on a statewide basis.

     TODAY, shall the Commission approve the Certificate of Authority for ONLINE?

2.     TC11-017     In the Matter of the Approval of the Type 2 Wireless Interconnection Agreement between Qwest Corporation and Cellular, Inc. Financial Corporation d/b/a Verizon Wireless, Cellular Inc. Network Corporation d/b/a Verizon Wireless, Rural Cellular Corporation and Verizon Wireless (VAW) LLC d/b/a Verizon Wireless (Staff Attorney: Kara Semmler)

On April 25, 2011, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of a Type 2 Wireless Interconnection Agreement between Qwest Corporation and Cellular, Inc. Financial Corporation d/b/a Verizon Wireless. Any party wishing to comment on the Agreement may do so by filing written comments with the Commission and the parties no later than May 16, 2011. Parties may file written responses to the comments no later than twenty days after service of the initial comments.

     TODAY, shall the Commission approve the interconnection agreement?

3.     TC11-018     In the Matter of the Application of City of Brookings Municipal Telephone dba Swiftel Communications for an Amended Certificate of Authority (Staff Analyst: Chris Daugaard, Staff Attorney: Kara Semmler)

On April 28, 2011, the Commission received an application from City of Brookings Municipal Telephone, dba Swiftel Communications, for an Amended Certificate of Authority for local exchange service pursuant to SDCL 49-31-69. Swiftel Communications is requesting an amendment to its Certificate of Authority, based on new telephone service territory resulting from the annexation of land by the City of Brookings. Swiftel Communications is also requesting a waiver of ARSD 20:10:32:03 (1-8); (10-22); and (24). The legal description of Resolution No. 40-11 describes the area to be included in the Amended Certificate of Authority. This area is undeveloped land, and there are no customers being served by either Interstate Telecommunications Cooperative or Swiftel Communications.

     TODAY, shall the Commission approve the revisions to the local exchange service territory?

4.     TC11-019     In the Matter of the Filing by 360networks (USA) inc. for Approval of Revisions to its Intrastate Switched Exchange Access Tariff No. 1 and Request for a Waiver (Staff Analyst: Bobbi Bourk, Staff Attorney: Kara Semmler)  

On May 04, 2011, the Commission received a filing from 360networks(USA) inc for changes to its switched access tariff sheets 2, 51, 52 and 54, which address changes to the switched access rates and reintroduces a Toll Free Data Base Access Service. 360networks also requests a waiver of ARSD 20:10:27:07 and requests an effective date of June 6, 2011.  

     TODAY, shall the Commission approve the interstate switched access tariff revision?

5.     TC11-020     In the Matter of the Filing for Approval of the Wireline Interconnection Agreement between Broadvox-CLEC, LLC.and Qwest Corporation for the State of South Dakota (Staff Attorney: Kara Semmler)

On May 11, 2011, the Commission received a request to approve the Wireline Interconnection Agreement between Broadvox-CLEC, LLC., and Qwest Corporation for the State of 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 May 31, 2011. 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 interconnection agreement?

6.     TC11-022     In the Matter of the Filing of Inmate Calling Solutions, LLC d/b/a ICSolutions for an Amended Certificate of Authority (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)

On May 17, 2011, the Commission received a petition by Inmate Calling Solutions, LLC dba ICSolutions requesting an amendment to its certificate of authority (COA).  In TC07-090, ICSolutions was granted a COA subject to the continuous maintenance of a letter of credit.  ICSolutions is requesting that it be permitted to amend its COA such that it will have an Indemnity Bond in the amount of $25,000 in lieu of an irrevocable letter of credit and requesting an effective date of June 1, 2011.

     TODAY, shall the Commission approve the amendment to ICSolutions Certificate of Authority?

7.     TC11-026     In the Matter of the Approval of the Amendment to the Interconnection Agreement between Qwest Corporation and XO Communications Services, Inc. (Staff Attorney:  Kara Semmler)

On May 17, 2011, the Commission received a filing for approval of the amendment to the interconnection agreement adding terms and conditions relating to xDSL Capable Loops between Qwest Corporation and XO Communications Services, 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 6, 2011. 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 amendment to the interconnection agreement?

8.     TC11-044     In the Matter of the Request of Stockholm-Strandburg Telephone Company dba ITC for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Jon Thurber, Staff Attorney: Kara Semmler)

On May 26, 2011, the Commission received an application from Stockholm-Strandburg Telephone Company dba ITC requesting the Commission to issue a certification to the FCC and USAC indicating it is in compliance with 47 U.S.C., Section 254(e) and should receive all federal universal service support determined for distribution to the Company in 2012.

     TODAY, 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?

Items for Commission Discussion

Announcements

1.     The next regularly scheduled commission meeting will be held Tuesday, June 28, 2011, at 9:30 a.m., CDT, in Room 413 at the State Capitol Building, Pierre, S.D.

2.     Commission meetings are scheduled for July 12 and 26, 2011.

3.     Commissioners will attend the Summer Committee Meetings of the National Association of Regulatory Utility Commissioners on July 17-20, 2011, at the L.A. Live JW Marriott, Los Angeles, Calif.

4.     A hearing in docket TC10-090 will be held Wednesday, July 27, and Thursday, July 28, 2011, beginning at 9:00 a.m., CDT, each day in Room 413 at the State Capitol Building, Pierre, S.D.


 

/S/ Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
June 7, 2011