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South Dakota Public Utilities Commission Meeting
May 21, 2013, at 1 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 Monday, May 20. 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 Meetings Held on May 7, 2013 (Staff: Joy Irving)
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
On January 25, 2011, the Commission received a petition from Black Hills Power, Inc. (BHP) requesting the Commission to approve its new tariff establishing an Environmental Improvement Adjustment (EIA) pursuant to legislation enacted during the 2007 Legislative Session. SDCL 49-34A-97 through 49-34A-100 authorize the Commission to approve a tariff mechanism for the automatic annual adjustment of charges for a public utility to recover the South Dakota jurisdictional portion of eligible investments in and expenses related to new environmental measures. The statute defines eligible new environmental measures as any environmental improvements required under the Clean Air Act, the Clean Water Act, or any other federal law or rule, or any state law or rule implementing a federal law or rule, or voluntary environmental measures designed to protect the environment. On May 11, 2012, the docket was reopened upon Staff's filing of an Amendment to the Settlement Stipulation, which was originally approved in this docket on May 31, 2011. The amendment asks for Commission approval to modify the filing deadline for one of the annual reports identified in the original Settlement Stipulation. On June 25, 2012, Staff filed an Amendment to Settlement Stipulation II to change the report submission deadline to April 15th of each year as ordered by the Commission. On May 14, 2013, the docket was reopened upon Staff's filing of a Joint Motion for Approval of Third Amendment to Settlement Stipulation. The amendment asks for Commission approval to provide an exception for the Annual Report of South Dakota Jurisdictional Financial Condition requirement if the Company has a pending or recently completed rate case on file with the Commission.
TODAY, shall the Commission approve grant the Joint Motion for Approval of the Third Amendment to Settlement Stipulation and approve the terms and conditions stipulated therein?
On April 30, 2013, Black Hills Power, Inc. (BHP) filed for Commission approval of its revised Environmental Improvement Adjustment (EIA). This application provides the third year revenue requirement and customer rates for the environmental improvements made to the Wyodak Power Plant approved in EL11-001, along with the annual true-up. The Company proposes a June 1, 2013, effective date.
TODAY, shall the Commission assess a filing fee in the amount of $50,000 to account for actual expenses incurred in review of this filing commencing from the filing date? AND, shall the Commission approve the 2013 Environmental Improvement Adjustment?
1. TC11-087 In the Matter of the Application of Native American Telecom, LLC for a Certificate of Authority to Provide Interexchange Telecommunications Services and Local Exchange Services in South Dakota (Staff Analyst: Patrick Steffensen; Staff Attorney: Karen Cremer)
On October 11, 2011, Native American Telecom, LLC (NAT) filed an application for a certificate of authority to provide local exchange and interexchange service within the study area of Midstate Communications, Inc. NAT stated that it is a tribally-owned full service telecommunications carrier operating on the Crow Creek Sioux Tribe Indian Reservation pursuant to an Order Granting Approval to Provide Telecommunications Service by the Crow Creek Sioux Tribe Crow Creek Utility Authority dated October 28, 2008. NAT seeks to expand its authority to include areas within Midstate's study area off of the Crow Creek reservation. On January 27, 2012, NAT filed a revised Application for Certificate of Authority. In its revised application, NAT stated that it seeks to provide local exchange and interexchange service within the Crow Creek Sioux Tribe Reservation which is within the study area of Midstate. On May 7, 2012, NAT served a Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action. The subpoena was directed to the Commission and regarded the confidential financial statements, consisting of balance sheets, income statements, and cash flow statements (including any audited financial statements) provided by certain applicants in certificate of authority dockets from January 1, 2000, to the present date. On April 4, 2013, Sprint Communications Company LP (Sprint) filed a Second Motion to Compel/Enforce Prior Commission Order. On April 22, 2013, Sprint filed a Motion to Suspend May 8, 2013 Due Date for Intervenor Testimony. On April 29, 2013, Sprint filed a letter stating that it agrees to have its Second Motion to Compel/Enforce Prior Commission Order and Motion to Suspend May 8, 2013 Due Date for Intervenor Testimony heard on May 21, 2013 rather than on May 7, 2013. On April 30, 2013, Midstate and the South Dakota Telecommunications Association (SDTA) filed a Joint Motion for Suspension of May 8 Deadline for Filing of lntervenor Testimony. On April 30, 2013, CenturyLink filed its Response to Sprint's Motion to Suspend May 8, 2013 Due Date for Intervenor Testimony. On May 2, 2013, AT&T filed its response to Sprint's Motion to Suspend May 8, 2013 Due Date for Intervenor Testimony.
TODAY, shall the Commission grant the Motions to Suspend the May 8, 2013, Due Date for Intervenor Testimony? AND, shall the Commission grant Sprint's Second Motion to Compel/Enforce Prior Commission Order against NAT?
On December 7, 2012, the Commission received a petition by YMax Communications Corp. (YMax) requesting approval to designate YMax as an eligible telecommunications carrier throughout the Qwest Corporation dba Century Link service area pursuant to 47 U.S.C. Section 214(e) of the Communications Act of 1934, as amended, and the Commission's rules and regulations, for the purpose of receiving federal Lifeline universal service support. On May 3, 2013, YMax filed a letter requesting withdrawal without prejudice of its petition.
TODAY, shall the Commission grant YMax's request to withdraw its Petition for Designation as an Eligible Telecommunications Carrier?
3. TC13-030 In the Matter of the Filing for Approval of a Service Performance Amendment to an Interconnection Agreement between Qwest Corporation dba CenturyLink QC and dishNET Wireline, L.L.C. fka Liberty-Bell, LLC (Staff Attorney: Karen Cremer)
On April 8, 2013, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of a Service Performance Amendment to the Interconnection Agreement between Qwest Corporation dba CenturyLink QC and dishNET Wireline, L.L.C. fka Liberty-Bell, LLC. On May 13, 2013, Century Link filed a dishNET ICA Amendment Summary which provides background information for the Service Performance Amendment between dishNET and Century Link.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
4. TC13-037 In the Matter of the Approval of an Intercarrier Compensation Bill and Keep Amendment to an Interconnection Agreement between Cellco Partnership dba Verizon Wireless; Cellular Inc. Network Corporation dba Verizon Wireless; Cellular, Inc. Financial Corporation dba Verizon Wireless; Midwest Wireless Communications, LLC dba Verizon Wireless; Rural Cellular Corporation dba Verizon Wireless; Verizon Wireless (VAW) LLC dba Verizon Wireless; WWC Holding Co., Inc. dba Verizon Wireless and Trio Tel Communications, Inc. (Staff Analyst: Robin Meyerink; Staff Attorney: Karen Cremer)
On April 30, 2013, Verizon Wireless filed an Intercarrier Compensation Bill and Keep Amendment to the Reciprocal Transport and Termination Agreement between TrioTel Communications, Inc. and Verizon Wireless pursuant to 47 U.S.C. § 251/252.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
Items for Commission Discussion
The PUC offices will be closed Monday, May 27, 2013, in observance of Memorial Day.
- The next regularly scheduled commission meeting will be Tuesday, June 4, 2013, at 9:30 a.m. CDT in Room 412 at the State Capitol Building, Pierre, S.D.
- Commissioners and staff will attend the Mid-America Regulatory Conference annual meeting June 8-12, 2013, at the Marriott Little Rock, Little Rock, Ark.
- Commission meetings are scheduled for June 18 and July 2, 2013.
May 14, 2013