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South Dakota Public Utilities Commission Meeting
October 25, 2011, at 9:30 A.M. CDT
Room 412, 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, October 24, 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 September 13, 2011, September 27, 2011, and October 11, 2011. (Staff: Joy Irving) 

Consumer Reports

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

Electric

1.     EL11-024     In the Matter of the Request for Approval of an Electric Service Territory Boundary Agreement between Grand Electric Cooperative, Inc. and Southeast Electric Cooperative, Inc. (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)

On September 13, 2011, the Commission received an Electric Service Territory Agreement between Grand Electric Cooperative, Inc. and Southeast Electric Cooperative, Inc. This filing is made pursuant to current efforts of the PUC to verify electric territory mapping data for conversion to electronic format and use in a Geographic Information System (GIS) database. With the assistance of the above-referenced utilities, Commission Staff has confirmed the service territory boundary shared by these utilities and has prepared updated mapping information.

     TODAY, shall the Commission approve the proposed electric service territory boundary agreement?

2.     EL11-026     In the Matter of the Filing by NorthWestern Corporation, dba NorthWestern Energy for Approval of a Contract with Deviations (Staff Analyst: Ross Pedersen, Staff Attorney: Ryan Soye)

On October 4, 2011, NorthWestern Corporation, dba NorthWestern Energy (NorthWestern) filed for Approval of a Contract with Deviations. The proposed contract would extend electric distribution service to a new location for an existing customer. Inclusion of these costs would place the charges outside the tariffed rates currently on file with the Commission. NorthWestern has requested approval of the requested contract with deviations with less than 30 days notice.

     TODAY, shall the Commission approve the contract with deviations on less than 30 days notice?

Telecommunications

1.     TC11-010     In the Matter of the Filing by Aventure Communication Technology, LLC dba Aventure Communications for Approval of its Switched Access Services Tariff No. 3 (Staff Analyst: Chris Daugaard, Staff Attorney: Kara Semmler)

On March 18, 2011, Aventure Communication Technology, LLC dba Aventure Communications (Company) filed for approval of its Switched Access Services Tariff No. 3. This tariff cancels and replaces in its entirety South Dakota Tariff No. 2. The Company is filing this replacement tariff to provide for greater consistency in the terms and conditions associated with its provision of interstate and intrastate access service. The terms and conditions set forth in the tariff mirror in nearly all respects (with the exception of references specific to the interstate vs. intrastate jurisdictions) the Company's Tariff FCC No. 3, which became effective on December 30, 2010. On September 7, 2011, AT&T Communications of the Midwest, Inc. filed a Motion to Compel Discovery and a Motion for Summary Judgment.

    TODAY, shall the Commission grant the Motion for Summary Judgment? Shall the Commission grant the Motion to Compel? OR how shall the Commission proceed?

2.     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?

3.     TC11-071     In the Matter of the Application of New Cingular Wireless PCS, LLC, a subsidiary of AT&T Mobility LLC, for Designation as an Eligible Telecommunications Carrier in Rural Study Areas (Staff Analyst: Chris Daugaard, Staff Attorney: Kara Semmler) 

On June 13, 2011, the Commission received an application by New Cingular Wireless PCS, LLC, a subsidiary of AT&T Mobility LLC, (AT&T Mobility) requesting approval to designate AT&T Mobility as an eligible telecommunications carrier pursuant to SDCL 49-31-78 and Section 214(e) of the Federal Communications Act of 1934, as amended, for the purpose of qualifying to obtain all available federal universal service support including, but not limited to, support for rural, insular and high costs areas, and for low-income customers. On October 14, 2011, AT&T Mobility filed a Motion for Protective Order with the Commission.  

     TODAY, shall the Commission enter a Protective Order?

4.     TC11-072     In the Matter of the Application of New Cingular Wireless PCS, LLC, a subsidiary of AT&T Mobility LLC, for Designation as an Eligible Telecommunications Carrier in Non-Rural Study Areas (Staff Analyst: Chris Daugaard, Staff Attorney: Kara Semmler) 

On June 13, 2011, the Commission received an application by New Cingular Wireless PCS, LLC, a subsidiary of AT&T Mobility LLC, (AT&T Mobility) requesting approval to designate AT&T Mobility as an eligible telecommunications carrier pursuant to SDCL 49-31-78 and Section 214(e) of the Federal Communications Act of 1934, as amended, for the purpose of qualifying to obtain all available federal universal service support including, but not limited to, support for non-rural, insular and high costs areas, and for low-income customers. On October 14, 2011, AT&T Mobility filed a Motion for Protective Order with the Commission. 

            TODAY, shall the Commission enter a Protective Order?

5.     TC11-082     In the Matter of the Petition of Long Lines Wireless, LLC of a Partial Relinquishment of its Designation as an Eligible Telecommunications Carrier (Staff Analyst: Dave Jacobson, Staff Attorney: Kara Semmler)

On August 26, 2011, Long Lines Wireless, LLC (Long Lines) filed a petition to partially relinquish its designation as an Eligible Telecommunications Carrier (ETC). Long Lines stated it has built out its wireless network to service customers in the majority of the ETC territory in eastern South Dakota, however, due to market conditions, the expansion of the territory into the remaining wire centers in eastern South Dakota has been limited and Long Lines has sold its spectrum in western South Dakota and no longer intends to build out its network in that area. Long Lines requests therefore, to amend the scope of its ETC designation so as to exclude the areas it will no longer serve.

     TODAY, shall the Commission grant the request for partial relinquishment?

6.     TC11-086     In the Matter of the Approval of an Amendment to a Wireless Interconnection Agreement between Qwest Corporation and Verizon Wireless for the State of South Dakota  (Staff Attorney: Karen Cremer)  

On September 27, 2011, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an Amendment for Wireless Originated 8XX Jointly Provided Switched Access traffic to the Interconnection Agreement between Qwest Corporation and Verizon Wireless, LLC. Comments pertaining to the Amendment are due October 17, 2011.

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

Items for Commission Discussion

Announcements 

  1. Commissioners and staff will meet with representatives of Black Hills Power on Wednesday, October 26, 2011, at 10 a.m. CDT in Room 413 at the State Capitol Building in Pierre, S.D. The agenda is to discuss new EPA regulations.

  2. Commissioners and staff will meet with representatives of Otter Tail Power Company on Thursday, October 27, 2011, at 11:30 a.m. CDT near Big Stone City, S.D. The agenda is an informational tour of the Big Stone Power Plant.

  3. The next regularly scheduled commission meeting will be held Tuesday, November 8, 2011, at 9:30 a.m. CST, in Room 413 at the State Capitol Building, Pierre, S.D.

  4. Commissioners and staff will meet with representatives of Montana-Dakota Utilities Company on Tuesday, November 8, 2011, at 1:30 p.m. CST in Room 413 at the State Capitol Building in Pierre, S.D. The agenda is to discuss the company's winter outlook and gas pricing.

  5. A hearing in docket RM11-001 will be held Wednesday, November 9, 2011, at 9 a.m. CST in Room 413 at the State Capitol Building in Pierre, S.D.

  6. The PUC offices will be closed Friday, November 11, 2011, in observance of Veterans Day.

  7. Commissioners will attend the annual meeting of the National Association of Regulatory Utility Commissioners, November 13-16, 2011, at the Renaissance Grand in St. Louis, Mo.

  8. Commission meetings are scheduled for November 22 and December 6, 2011.


/S/ Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
October 18, 2011