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South Dakota Public Utilities Commission Meeting
August 30, 2011, 1:00 p.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 Tuesday, August 29, 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 AD HOC COMMISSION MEETING
1. TC09-098 In the Matter of the Complaint filed by South Dakota Network, LLC against Sprint Communications Company L.P. Regarding Failure to Pay Intrastate Centralized Equal Access Charges and to Immediately Pay Undisputed Portions of SDN's Invoices (Staff Analyst: Bobbi Bourk, Staff Attorney: Karen Cremer)
On October 29, 2009, South Dakota Network (SDN) submitted this complaint against Sprint Communications Company L.P. (Sprint) for 1) failing to pay intrastate centralized equal access charges at the rates approved by the Commission, 2) failing to immediately pay undisputed portions of SDN's invoices as required by SDN's Tariff, and 3) payment by Sprint of SDN's costs of action, reasonable attorneys fees incurred by SDN, and for twice the amount of damages sustained by SDN, if SDN is required to recover its damages by suit or on appeal. On May 27, 2011, Northern Valley Communications L.L.C. (Northern Valley) filed a Motion to Compel. On June 8, 2011, Northern Valley and Sancom, Inc. filed a Motion for the Adoption of a Procedural Schedule. On June 14, 2011, Sprint filed an amended Motion to Dismiss Northern Valley and Sancom's cross-claim. On July 12, 2011, Sprint filed a Motion to Resolve Discovery Dispute between Sprint and Sancom.
TODAY, shall the Commission grant Sprint's Amended Motion to Dismiss Northern Valley's Cross-Claim? Shall the Commission grant Sprint's Amended Motion to Dismiss Sancom's Cross-Claim? Shall the Commission grant Northern Valley's Motion to Compel? Shall the Commission grant Northern Valley and Sancom's Motion for Adoption of Procedural Schedule? Shall the Commission grant Sprint's Motion to Resolve Discovery Dispute between Sprint and Sancom?
- Commissioners will attend the Sioux Valley Energy Symposium Thursday, August 25, 2011, at University Center in Sioux Falls, S.D.
- Commissioners and staff will attend the South Dakota State Fair, September 1-5, 2011, at the South Dakota State Fairgrounds in Huron, S.D.
- The Public Utilities Commission offices will be closed Monday, September 5, 2011, in observance of Labor Day.
- Commissioners and staff will tour the Glacial Lakes Energy facility in Watertown, Thursday, September 8, 2011.
- The next regularly scheduled commission meeting will be held Tuesday, September 13, 2011, at 9:30 a.m., CDT, in Room 413 at the State Capitol Building, Pierre, S.D.
- Commission meetings are scheduled for September 27 and October 11, 2011.
- The Public Utilities Commission offices will be closed Monday, October 10, 2011, in observance of Native American Day.
/S/ Cindy Kemnitz
August 23, 2011