South Dakota Public Utilities Commission Meeting
January 3, 2012, at 1:30 P.M. CST
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 10:00 a.m. CST on Tuesday, January 3, 2012. 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 website 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 website 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
1. Approval of the Minutes of the Commission Meeting Held on December 20, 2011. (Staff: Joy Irving)
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
1. PS11-001 In the Matter of the Petition for Declaratory Ruling of the South Dakota Public Utilities Commission regarding 49 CFR 192.3 (Staff Analysts: Nathan Solem, Joshua Williams, Staff Attorney: Kara Semmler)
On November 18, 2011, Commission pipeline safety staff filed a Petition for a Declaratory Ruling. The request seeks Commission clarification regarding the interpretation and implementation of 49 CFR 192.3. Specifically, pipeline safety staff question whether a NorthWestern Energy pipeline serving a large volume customer operating at less than 20 percent of SMYS is properly classified as a distribution line or transmission line. On December 14, 2011, the Commission issued an Order Granting Intervention to NorthWestern Energy. On December 23, 2011, the Commission received a Petition to Intervene from Montana-Dakota Utilities.
TODAY, shall the Commission grant intervention to Montana-Dakota Utilities?
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 a 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 attorney's 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 December 21, 2011, the Commission received a Stipulation for Dismissal of Third Party Complaint of Sprint Communications Company, LP against Sancom, Inc.
TODAY, shall the Commission grant the Stipulation for Dismissal of the Third Party Complaint of Sprint Communications, LP against Sancom, Inc?
2. TC11-091 In the Matter of the Application of TC Systems, Inc., for a Certificate of Authority to Provide Local Exchange Services in South Dakota (Staff Analyst: Brittany Mehlhaff, Staff Attorney: Kara Semmler)
On November 21, 2011, the Commission received an application of TC Systems, Inc., for a Certificate of Authority to Provide Local Exchange Services in South Dakota. TC Systems intends to provide wholesale local exchange service to one of its affiliates in the service area of CenturyLink. The applicant is planning to enter into an interconnection agreement with CenturyLink. On December 22, 2011, TC Systems filed a Request for Waiver of ARSD 20:10:32:03(12).
TODAY, shall the Commission grant the request for a Certificate of Authority to provide local exchange services within the State of South Dakota? AND, shall the Commission grant the Request for Waiver of ARSD 20:10:32:03(12)?
3. TC11-092 In the Matter of the Filing by Liberty-Bell Telecom, LLC dba DISH Network Phone & Internet for Approval of its Intrastate Switched Access Tariff No.1 (Staff Analyst: Chris Daugaard, Staff Attorney: Karen Cremer)
On November 28, 2011, Liberty-Bell Telecom, LLC dba DISH Network Phone and Internet filed for approval of its Intrastate Switched Access Tariff No. 1. This Tariff applies to Intrastate Switched Exchange Access Service provided to Customers for origination and termination of traffic to and from South Dakota Central Office codes directly assigned to Liberty-Bell Telecom, LLC dba DISH Network Phone & Internet in the absence of a separate interconnection agreement between the Company and Customer. For purposes of this filing, the Company respectfully requests waiver of ARSD 20:10:27:07 with regard to the submission of cost data in support of its switched access service. The Company's rates are directly benchmarked to corresponding Qwest Corporation switched exchange access rates as set forth in Qwest Corporation's South Dakota Access Tariff, consistent with Commission policy.
TODAY, shall the Commission approve Liberty-Bell Telecom, LLC's Intrastate Switched Access Services Tariff No. 1?
4. TC11-093 In the Matter of the Filing by MCImetro Access Transmission Services LLC dba Verizon Access Transmission Services for Approval of its Access Services Tariff No. 2. (Staff Analyst: Chris Daugaard, Staff Attorney: Kara Semmler)
On December 9, 2011, MCImetro Access Transmission Services LLC dba Verizon Access Transmission Services filed for approval of revisions to its Intrastate Switched Access Tariff No. 2. These tariff pages reflect Verizon Access' implementation of the intercarrier compensation regime for certain VoIP-PSTN traffic that was recently mandated (absent agreement by the affected companies) by the Federal Communications Commission ("FCC") in its November 18, 2011, Report and Order and Further Notice of Proposed Rulemaking in WC Dockets No. 10-90, etc. In accordance with that Order, the tariff revisions will take effect on January 1, 2012. The amendments implement a methodology, consistent with the FCC's Order, for separating Relevant VoIP-PSTN traffic from access traffic that will be billed at standard intrastate switched access rates. The VoIP-PSTN traffic so identified will be billed at the rates set forth in MCImetro's interstate access tariff.
TODAY, shall the Commission approve the requested tariff changes?
1. Election of a Chairperson of the Commission. (General Counsel: John Smith)
South Dakota Codified Law 49-1-8 states in part that, "The members of the Commission shall elect a chairperson by majority vote and prescribe his duties." SDCL 49-1-12 requires that, "Every vote and official action of the Public Utilities Commission shall be entered of record and its proceedings shall be public upon the request of either party or any person interested." SDCL 1-25-1 requires that all official meetings of Commission be open to the public. Accordingly, the determination of the Commission's leadership structure shall be made at this public meeting.
TODAY, how shall the Commission provide for its Executive Leadership?
Items for Commission Discussion
- The PUC offices will be closed Monday, January 2, 2012, in observance of the New Year's holiday.
- Commissioners will attend a meeting of the South Dakota Association of Towns and Townships Board of Directors, Friday, January 13, 2012, at 11:30 a.m. CST, at the Kings Inn in Pierre, S.D.
- The PUC offices will be closed Monday, January 16, 2012, in observance of Martin Luther King, Jr. Day.
- The next regularly scheduled commission meeting will be held Tuesday, January 17, 2012, at 2:30 p.m., CST, in Room 412 at the State Capitol Building, Pierre, S.D.
- Commissioners will attend the Mid-America Regulatory Conference Commissioners Retreat, January 19-21, 2012, in Austin, Texas.
- Commission meetings are scheduled for January 31 and February 14, 2012.
- An Open House for Legislators will be held February 2, 2012, from 7:30 to 11:00 a.m. CST, in the Commission office in the State Capitol Building, Pierre, S.D.
- The PUC offices will be closed Monday, February 20, 2012, in observance of President's Day.
/S/ Cindy Kemnitz
December 28, 2011