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South Dakota Public Utilities Commission Meeting
November 22, 2013, at 9:30 A.M. CST
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. CST on Thursday November 21, 2013. 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
Administration
1. Approval of the Minutes of the Ad Hoc Commission Meeting Held on October 31, 2013, and the Commission Meeting Held on November 5, 2013 (Staff: Joy Lashley)
Consumer Reports
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
Electric
On July 28, 2009, Basin Electric Power Cooperative (Basin) filed an application for an energy conversion facility permit for the Deer Creek Station project (Project) located 12 miles northeast of Brookings, South Dakota. The project consists of a 300 net megawatt combined-cycle natural gas conversion facility and associated 1.25-mile water pipeline and 0.75-mile electric transmission line. On June 2, 2010, the Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation and Granting Permit to Construct Facilities (Order) authorizing the construction of the Project subject to the terms and conditions set forth in the Settlement Stipulation which included the requirement that Basin furnish an indemnity bond in the amount of $800,000 pursuant to SDCL 49-41B-38 to secure the restoration and repair of damage to roads and other public infrastructure. On June 7, 2010, Basin filed the bond. On September 27, 2012, Basin filed a post-construction road repair and restoration condition compliance report and agreements with the governmental entities having roads affected by construction. On November 14, 2013, Basin filed a Bond Release Request.
TODAY, shall the Commission grant the request for release of construction bond and authorize the Executive Director or General Counsel to execute any necessary release documents to release Travelers Casualty and Surety Company of America Bond No. 105425850?
2. EL13-017 In the Matter of the Petition of Northern States Power Company dba Xcel Energy for Approval of Its 2012 Demand Side Management Report and 2014 Proposed Demand Side Management Plan (Staff Analysts: Brian Rounds, Darren Kearney; Staff Attorney: Karen Cremer)
On May 1, 2013, the Commission received a Petition by Northern States Power Company dba Xcel Energy (Xcel) requesting approval of the 2012 DSM Status Report and 2014 DSM program changes. Specifically, Xcel is requesting approval of the Company's 2012 DSM Tracker account, the incentive earned for 2012 program performance, the proposed 2014 DSM Cost Adjustment Factor of $0.000486 per kWh, budget flexibility of 10 percent above approved budget, administrative flexibility on rebate levels and a number of proposed program changes for 2014. Xcel requests an effective date of January 1, 2014.
TODAY, shall the Commission approve the Company's DSM Status Report and 2014 DSM program changes with a January 1, 2014, effective date?
On November 12, 2013, Wade Behm, representing Lloyd Companies, filed a notice and request for determination of the metering requirements for a planned renovation of the Western Surety Building, Sioux Falls, S.D., pursuant to ARSD 20:10:26:04 (6). Mr. Behm stated that the Western Surety building is being served by a central HVAC plant. The HVAC system consists of a chiller, heat exchanger, piping loops, and heat pumps. It is a very efficient system, but metering this system individually would not be practical.
TODAY, shall the Commission determine that the electric utility system of the building qualifies for an exemption from individual metering requirements under 20:10:26:04(6)?
Hydrocarbon Pipeline
On July 28, 2009, Basin Electric Power Cooperative, Inc. (Basin) filed an energy facility permit application with the Public Utilities Commission (Commission) requesting approval to construct a natural gas pipeline in Brookings and Deuel counties to support the Deer Creek electric generation facility permitted in Docket EL09-015 (Project). On June 16, 2010, the Commission issued an Order Granting Joint Motion for Approval of Settlement Stipulation and Granting Permit to Construct Facilities (Order) authorizing the construction of the Project subject to the terms and conditions set forth in the Settlement Stipulation, which included the requirement that Basin furnish an indemnity bond in the amount of $1,300,000 pursuant to SDCL 49-41B-38 to secure the restoration and repair of damage to roads and other public infrastructure. On June 7, 2010, Basin filed the bond. On November 14, 2013, Basin filed a Bond Release Request.
TODAY, shall the Commission grant the request for release of construction bond and authorize the Executive Director or General Counsel to execute any necessary release documents to release Travelers Casualty and Surety Company of America Bond No. 105425851?
Telecommunications
1. In the Matter of the Request for Certification Regarding the Use of Federal Universal Service Support in Dockets TC13-056, TC13-058, TC13-066, TC13-068, TC13-072, TC13-077, TC13-078, TC13-079, TC13-081, TC13-083, TC13-085, TC13-090, TC13-092, TC13-093, TC13-095, TC13-096 and TC13-097.
TC13-056 In the Matter of the Request of West River Cooperative Telephone Company for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Robin Meyerink; Staff Attorney: Karen Cremer)
On June 24, 2013, the Commission received an application from West River 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.
On June 24, 2013, the Commission received an application from Midcontinent Communications 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.
On June 26, 2013, 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. On August 2, 2013, the Company responded to Staff's data requests.
On June 26, 2013, the Commission received an application from Interstate Telecommunications Cooperative, Inc. fka SSTELECOM, 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.
TC13-072 In the Matter of the Request of Knology of the Black Hills, LLC for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Darren Kearney; Staff Attorney: Kristen Edwards)
On June 27, 2013, the Commission received an application from Knology of the Black Hills, LLC 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.
On June 27, 2013, the Commission received an application from Midstate 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.
On June 27, 2013, the Commission received an application from Midstate Telecom, 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.
On June 28, 2013, the Commission received an application from Kennebec Telephone Co., 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.
On June 28, 2013, the Commission received an application from James Valley Wireless, LLC 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.
TC13-083 In the Matter of the Request of James Valley Cooperative Telephone Company for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Brian Rounds; Staff Attorney: Kristen Edwards)
On June 28, 2013, the Commission received an application from James Valley Cooperative 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.
TC13-085 In the Matter of the Request of Northern Valley Communications, L.L.C. for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Brian Rounds; Staff Attorney: Karen Cremer)
On June 28, 2013, the Commission received an application from Northern Valley Communications, L.L.C. 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.
On June 28, 2013, the Commission received an application from Qwest Corporation dba CenturyLink QC 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.
On June 28, 2013, the Commission received an application from Knology Community Telephone, 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.
On June 28, 2013, 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.
On June 28, 2013, the Commission received an application from Cheyenne River Sioux Tribe Telephone Authority 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.
TC13-096 In the Matter of the Request of Roberts County Telephone Cooperative Association and RC Communications, Inc. for Certification Regarding its Use of Federal Universal Service Support (Staff Analyst: Patrick Steffensen; Staff Attorney: Karen Cremer)
On July 1, 2013, the Commission received an application from Roberts County Telephone Cooperative Association and RC 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. On August 8, 2013, the Company responded to Staff's data requests.
On July 1, 2013, the Commission received an application from RC Communications, Inc., dba RC Services 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. On August 8, 2013, the Company responded to Staff's data requests.
TODAY, shall the Commission provide a certification to the Federal Communications Commission and to the Universal Service Administration Company regarding the use of Federal Universal Service Support in each of the above dockets?
On August 13, 2013, the Commission received a filing from BCN TELECOM, INC. (BCN) requesting a certificate of authority to provide facilities-based and resold local exchange telecommunications services in South Dakota. BCN is currently listed as a long distance provider in South Dakota. BCN will not be providing prepaid services for retail purposes. BCN will be subject to rural safeguards. On September 16, 2013, and November 1, 2013, BCN responded to staff's data requests.
TODAY, shall the Commission grant BCN's request for a certificate of authority to provide local exchange services in South Dakota?
3. TC13-111 In the Matter of the Filing by Qwest Corporation dba CenturyLink QC's Petition for Approval of its Revisions to its Performance Assurance Plan (Staff Analyst: Eric Paulson; Staff Attorney: Karen Cremer)
On September 12, 2013, the Commission received a filing from Qwest Corporation dba CenturyLink QC (CenturyLink) for Approval of its Revisions to its Performance Assurance Plan (PAP). With this filing CenturyLink submits a revised QPAP report (exhibit K) and revised Service Performance Indicator Definitions (PID's) as settled upon by both CenturyLink and various competitive local exchange carriers. CenturyLink asks that the revisions be effective January 1, 2014 and that all existing interconnection agreements containing the current PAP be modified to incorporate the revisions without need for further filings and approvals also be effective January 1, 2014. On September 16, 2013, and September 30, 2013, CenturyLink responded to Staff's data requests.
TODAY, shall the Commission approve CenturyLink's revisions to its Performance Assurance Plan and Performance Indicator Definitions effective January 1, 2014? AND, shall the Commission deem all existing interconnection agreements that currently contain the Performance Assurance Plan be modified to incorporate these revisions, effective January 1, 2014, without further filings and approvals?
4. TC13-117 In the Matter of the Application of City of Brookings Municipal Telephone dba Swiftel Communications for an Amended Certificate of Authority (Staff Analyst: Robin Meyerink; Staff Attorney: Kristen Edwards)
On October 23, 2013, the Commission received an application from Brookings Municipal Telephone dba Swiftel Communications (Swiftel) for an Amended Certificate of Authority for local exchange service pursuant to SDCL 49-31-69. Swiftel is requesting an amendment to their Certificate of Authority, based on new telephone service territory resulting from the annexation of land by the City of Brookings. Swiftel is also requesting a waiver of ARSD 20:10:32:03 (1-8); (10-22); and (24). The legal description of Resolutions No. 181-12, No 62-13, No. 63-13 and No. 96-13 describes the areas Swiftel wishes to include in its Amended Certificate of Authority. The land annexed by Resolutions No. 116-11 and No 44-12 are areas within the City of Brookings which will not be included in its service territory. A full range of local exchange services will be provided which is identical to the exchange services provided to all residents of the City of Brookings.
TODAY, shall the Commission approve the revisions to the local exchange service territory and grant the requested waivers?
On November 1, 2013, the Commission received a filing pursuant to 47 U.S.C. § 252 for approval of an amendment to an ICC VoIP Interconnection Agreement between Qwest Corporation dba CenturyLink QC and Zayo Group, LLC.
TODAY, shall the Commission approve the amendment to the interconnection agreement?
Items for Commission Discussion
Announcements
1. Commissioners will attend the annual meeting of the National Association of Regulatory Utility Commissioners November 17-20, 2013, at the Hilton Bonnet Creek Hotel, Orlando, Florida.
2. PUC Commissioners and staff will meet with a representative of MISO on Tuesday, November 26, 2013, at 10:00 a.m. CST, in Room 413 at the State Capitol Building, Pierre, S.D. The agenda is to discuss a MISO organization update.
3. The PUC offices will be closed November 28-29, 2013, in observance of the Thanksgiving holiday.
4. The next regularly scheduled commission meeting will be Tuesday, December 3, 2013, at 9:30 a.m. CST in Room 413 at the State Capitol Building, Pierre, S.D.
5. Commissioners and staff will meet with representatives of the South Dakota Electric Utility Companies on Wednesday, December 4, 2013, at 12 Noon CST at the Associated General Contractors of South Dakota conference room, 300 East Capitol Avenue, Pierre, S.D. The agenda is to discuss company updates.
6. PUC Commissioners and staff will meet with representatives of Otter Tail Power Co. on Tuesday, December 10, 2013, at 9:30 a.m. CST, in Room 413 at the State Capitol Building, Pierre, S.D. The agenda is to discuss the company's integrated resource plan.
7. A Commission meeting is scheduled for December 17, 2013.
/S/Cindy Kemnitz
Cindy Kemnitz
Finance Manager
puc@state.sd.us
November 14, 2013
