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South Dakota Public Utilities Commission Meeting
August 9, 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, August 8, 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 

Administration

1.     Approval of the Minutes of the Commission Meeting Held on July 26, 2011. (Staff:  Lennis Axdahl) 

Consumer Reports

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

Electric

1.     EL11-014     In the Matter of the Filing by Montana-Dakota Utilities Co. for Approval of Tariff Revisions (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye) 

On June 13, 2011, the Commission received an application by Montana-Dakota Utilities Co. (Montana-Dakota), a Division of MDU Resources Group, Inc., for Commission approval of revisions to the Company's tariff rates applicable to cogeneration and small power production services, specifically Occasional Power Purchase Non-Time Differentiated Rate 95, Short-Term Power Purchase Rate 96, and Long-Term Power Purchase Rate 97.  

     TODAY, shall the Commission approve the tariff revisions? 

2.     EL11-021     In the Matter of the Request for an ElectricService Territory Boundary Change between NorthWestern Corporation and Clay-Union Electric Corporation (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye) 

On July 6, 2011, South Dakota Public Utilities Commission staff (Staff) filed a request for Commission approval of an electric service territory boundary change between NorthWestern Corp. (NorthWestern) and Clay-Union Electric Corp. (Clay-Union). This request is the result of joint efforts among the parties to correct a discrepancy found in the service territories of NorthWestern and Clay-Union in September 2010. If approved, the territory designations will be changed to conform to territory actually served by the NorthWestern and Clay-Union. This territory change will have no effect on the service provider for any South Dakota consumers.

     TODAY, shall the Commission grant the request for service territory change?  

Telecommunications 

1.     TC09-031     In the Matter of the Filing by Northern Valley Communications, L.L.C. for an Extension of an Exemption from Developing Company Specific Cost-Based Switched Access Rates (Staff Analyst: Jon Thurber, Staff Attorney: Karen Cremer) 

On May 21, 2009, Northern Valley Communications, LLC (Northern Valley) filed for approval of an extension of its current exemption from developing company specific cost-based switched access rates and requested that the Commission approve the rate set forth in its current Switched Access Tariff No.1 for the duration of the extension period. On June 4, 2009, the Commission received a Motion for Temporary Approval of Switched Access Rates from Northern Valley. The Commission granted the Motion for Temporary Approval of Switched Access Rate, with the current rate remaining in effect. On November 9, 2010, the Commission voted unanimously to proceed to a formal rule making with regards to switched access rules for competitive local exchange carriers. The rules in RM05-002 were effective May 30, 2011. On July 26, 2011, in TC11-076, the Commission approved Northern Valley's revised tariff to reflect a switched access rate based on the rules. 

     TODAY, shall the Commission dismiss and close this docket?

2.     In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC11-043, TC11-051, TC11-059, TC11-061 and TC11-064.

     TC11-043     In the Matter of the Request of Interstate Telecommunications Cooperative, Inc. for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Brian Rounds, Staff Attorney: Kara Semmler) 

On May 26, 2011, the Commission received an application from Interstate Telecommunications Cooperative, Inc. 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.

     TC11-051     In the Matter of the Request of RT Communications, Inc. for Certification Regarding Its Use of Federal Universal Service Support (Staff Analyst: Brian Rounds, Staff Attorney: Kara Semmler) 

On May 27, 2011, the Commission received an application from RT Communications, Inc. 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.

     TC11-059     In the Matter of the Request of Fort Randall Telephone Company for Certification Regarding its Use of Federal Universal Service Support ((Staff Analyst: Brian Rounds, Staff Attorney: Kara Semmler)

On May 31, 2011, the Commission received an application from Fort Randall Telephone Company 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.        

     TC11-061     In the Matter of the Request of Valley Telephone Company for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Brian Rounds, Staff Attorney: Kara Semmler) 

On May 31, 2011, the Commission received an application from Valley Telephone Company 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.  

     TC11-064     In the Matter of the Request of West River Telecommunications Cooperative (Mobridge) for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Brian Rounds, Staff Attorney: Kara Semmler)

On May 31, 2011, the Commission received an application from West River Telecommunications Cooperative (Mobridge) 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 as proposed in each of the above dockets?

3.     TC11-070     In the Matter of the Petition of Fiber Ring Revenue-Pooling Association for Approval of Amended Revenue Pooling Documents (Staff Analyst: Dave Jacobson, Staff Attorney: Karen Cremer)/p>

On June 8, 2011, the Fiber Ring Revenue-Pooling Association (FRRPA) filed a Petition to seek Commission approval for the addition of an Ethernet Traffic Class to the FRRPA Ring User LECs' (RUL) Contracts with a proposed effective date for availability of the new traffic class to member LEC ring users of July 15, 2011. The current RUL contracts between FRRPA and its member LECs and between FRRPA and SDN will remain the same. Each Exhibit that outlines the various services available to ring users will be amended to include the new Ethernet traffic class, including rates for said class of traffic. All other traffic classes and rates, including PNS rates, are not impacted by or changed as a result of the addition of an Ethernet class of traffic.

     TODAY, shall the Commission approve the Amended Revenue Pooling Documents?

4.     TC11-078     In the Matter of the Filing by Qwest Corporation d/b/a CenturyLink QC for Approval of Revisions to its Access Service Tariff (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)

On July 7, 2011, Qwest Corporation d/b/a CenturyLink QC (Qwest) filed a request for approval of the company's Access Service Tariff. Qwest has proposed an effective date of August 8, 2011.

     TODAY, shall the Commission approve the Tariff Revisions?

5.     TC11-080     In the Matter of the Approval of an Amendment to the Type 2 Wireless Interconnection Agreement between Qwest Corporation and Brookings Municipal Utilities Telephone Department dba Swiftel Communications for the State of South Dakota (Staff Attorney: Karen Cremer)

On July 14, 2011, the Commission received a filing pursuant to 47 U.S.C. §252 for approval of a Rate Amendment to the Type 2 Wireless Interconnection Agreement between Qwest Corporation and Brookings Municipal Utilities Telephone Department dba Swiftel Communications. The Amendment is made in order to replace Appendix A of the Agreement with the Exhibit A attached to this Amendment. The Amendment shall be deemed effective upon approval by the Commission.  

     TODAY, shall the Commission approve the Amendment to the Interconnection Agreement?

Items for Commission Discussion

Announcements

  1. Commissioners and staff will attend the Sioux Empire Fair, August 9-14, 2011, at the W.H. Lyons Fairgrounds in Sioux Falls, S.D.

  2. Commissioners and staff will attend the Brown County Fair, August 17-21, 2011, at the Brown County Fairgrounds in Aberdeen, S.D.

  3. Commissioners and staff will attend the South Dakota Association of Telephone Cooperatives annual meeting August 21-23, 2011, at the Ramkota in Aberdeen, S.D.

  4. The next regularly scheduled commission meeting will be held Wednesday, August 24, 2011, at 9:30 a.m., CDT, in Room 413 at the State Capitol Building, Pierre, S.D.

  5. Commission meetings are scheduled for September 13 and 27, 2011.

  6.   Commissioners and staff will attend the South Dakota State Fair, September 1-5, 2011, at the South Dakota State Fairgrounds in Huron, S.D.

  7. Commissioners and staff will tour the Glacial Lakes Energy facility in Watertown, Thursday, September 8, 2011.

 

/S/ Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
August 2, 2011