Public Utilities Commission

Ronald J. Binz, Chairman James K. Tarpey, Commissioner Matt Baker, Commissioner Doug Dean, Director Bill Ritter, Jr. Governor Barbara J. Kelley Executive Director

COMMISSIONERS’ WEEKLY MEETING (CWM) AGENDA
November 23, 2010, 2010 – 1:30 p.m. – Hearing Room A Note: This meeting is on Tuesday
PUBLIC COMMENT…………………………………….1:30 p.m. CONSENT ITEMS……………………………………….1:30 p.m. DISCUSSION ITEMS……………………………………1:30 p.m. TRANSPORTATION MATTERS……………………….1:30 p.m. TELECOMMUNICATIONS MATTERS……………..…1:30 p.m. ENERGY AND WATER MATTERS……………..........1:30 p.m.

Submitted to Colorado PUC E-Filings System

FUTURE MEETINGS Commissioner Weekly Meetings are scheduled for December 1, 2010 and December 8, 2010.

* PUBLIC COMMENT Public comment will be taken at the beginning of each CWM on general issues affecting regulated utilities and their customers. Comment should not be made concerning any adjudicatory or rulemaking proceedings pending before the PUC.

AGENDA DEADLINES The deadline for filing items for Commission consideration is 5 p.m. each Tuesday of the week prior to the Commissioners’ Weekly Meeting. The deadline for filing emergency addendum items is 12 p.m. on Tuesday the week of the meeting. If you sent a copy of your filing by facsimile transmission and your filing needs to be on the agenda, your hardcopy must be received at the PUC by 12 p.m. on Tuesday the week of the Commissioners’ Weekly Meeting. These deadlines are enforced. Filings will be placed on a particular agenda at the discretion of the Commission.

E-MAIL POSTINGS
To subscribe to the Commission’s postings of agenda, addenda and other notices, register on E-filings and subscribe to the notices of your choosing. Access E-filing through our

website.
www.dora.state.co.us/puc

INTERNET ACCESS Copies of the CWM agendas and minutes are available on the Internet at: www.dora.state.co.us/puc/agendas.htm WEBCASTING Commissioners’ Weekly Meetings and other proceedings are webcast at: www.dora.state.co.us/puc/broadcast_streams

1560 Broadway, Suite 250, Denver, Colorado 80202 303-894-2000 TTY Users 711 (Relay Colorado) www.dora.state.co.us/puc Fax 303-894-2065 Permit and Insurance (Outside Denver) 1-800-888-0170 Transportation Fax 303-894-2071 Consumer Affairs 303-894-2070 Consumer Affairs (Outside Denver) 1-800-456-0858

Consent Items TRANSPORTATION 1. DOCKET NO. 10A-718R

City of Longmont

IN THE MATTER OF THE APPLICATION OF THE CITY OF LONGMONT, FOR THE AUTHORITY TO MODIFY AN EXISTING AT GRADE CROSSING AND INSTALL NEW FLASHING SIGNALS AND AUTOMATIC GATES ARMS FOR WIDENING COUNTY LINE ROAD CROSSING THE GREAT WESTERN RAILWAY City of Longmont a. Filing Date and Party: 10/12/2010 Description: to modify an existing at grade crossing and install new flashing signals and automatic gates arms for widening county line road crossing Analyst(s): Pam Fischhaber RECOMMENDATION: Grant the application. City of Longmont b. Filing Date and Party: 11/16/2010 Description: Updated Information - Application For Improvements To WCR1 and Great Western Railway (GWR) At-Grade Crossings Analyst(s): Pam Fischhaber ______________________________________________________ 2. DOCKET NO. 10A-724R Regional Transportation District IN THE MATTER OF THE APPLICATION OF THE REGIONAL TRANSPORTATION DISTRICT FOR AUTHORITY TO CONSTRUCT A NEW GRADE SEPARATED CROSSING FOR NEW COMMUTER RAIL AND INTERCITY RAIL FACILITIES ABOVE AN UNDERGROUND BUS TRANSIT FACILITY AT THE DENVER UNION STATION, AT APPROXIMATELY 17th STREET AND WEWATTA STREET IN THE CITY AND COUNTY OF DENVER, STATE OF COLORADO. Filing Date and Party: 10/12/2010 Regional Transportation District Description: requesting authority to construct a new Grade Separated Crossing for new commuter rail and intercity rail facilities above an underground bus transit facility at the Denver Union Station Analyst(s): Pam Fischhaber RECOMMENDATION: Deem the application complete and grant the application. 3. DOCKET NO. 10V-790EC IN THE MATTER OF THE PETITION OF EDWARD ANTHONY CECAYA, FOR AN ORDER OF THE COMMISSION AUTHORIZING A WAIVER OF RULE 6308 (LUXURY LIMOUSINE CATEGORIES) REGULATING TRANSPORTATION BY MOTOR VEHICLE, 4 CCR 723-6. Filing Date and Party: 11/01/2010 Edward Anthony Cecaya Description: Edward Anthony Cecaya - Waiver 6308 Analyst(s): Gary Gramlick RECOMMENDATION: Grant the item. TELECOMMUNICATIONS 1. PROCEEDING NO. 10AL-580T IN THE MATTER OF THE ADVICE LETTER NO. 10, PUC TARIFF NO. 2 FILED BY CYPRESS COMMUNICATIONS OPERATING COMPANY, LLC. TO MAKE VARIOUS CHANGES FOR THE PURPOSE OF INCREASING RATES TO BE EFFECTIVE DECEMBER 1, 2010. Cypress Communications Operating Company LLC Description: for the purpose of increasing contract based optimal business rates. Analyst(s): Jerry Enright RECOMMENDATION: Allow the item to become effective by operation of law. b. Filing Date and Party: 09/15/2010 Cypress Communications Operating Company LLC Description: 1st Amended Advice Letter 10 to add note and footnote regarding Commission jurisdiction Analyst(s): Jerry Enright ______________________________________________________ a. Filing Date and Party: 08/30/2010

November 23, 2010 CWM Agenda

Page 2 of 9

Consent Items TELECOMMUNICATIONS 2. PROCEEDING NO. 10AL-768T IN THE MATTER OF THE ADVICE LETTER NO. 31, COLORADO PUC NO. 5 FILED BY BIG SANDY TELECOM, INC. DOING BUSINESS AS FAIRPOINT COMMUNICATIONS, TO GRANDFATHER SEVERAL CURRENT RESIDENTIAL AND BUSINESS CUSTOMER SERVICE PACKAGES AND TO INTRODUCE SMALL BUSINESS BUNDLES, TO BECOME EFFECTIVE NOVEMBER 25, 2010. Big Sandy Telecom, Inc. a. Filing Date and Party: 10/25/2010 Description: to Grandfather several current Residential and Business Customer service Packages and to introduce Small Business Bundles Analyst(s): Judith Swinnerton RECOMMENDATION: Allow the item to become effective by operation of law. Big Sandy Telecom, Inc. b. Filing Date and Party: 11/15/2010 Description: 1st Amended Advice Letter 31 to add the symbol "N" to the tariff sheet. Analyst(s): Judith Swinnerton Big Sandy Telecom, Inc. c. Filing Date and Party: 11/15/2010 Description: 2nd Amended AL 31 this amendment makes a revision per PUC Staff Analyst(s): Judith Swinnerton ______________________________________________________ 3. PROCEEDING NO. 10AL-804T IN THE MATTER OF ADVICE LETTER NO. 88 FILED BY SUNFLOWER TELEPHONE COMPANY TO GRANDFATHER SEVERAL CURRENT RESIDENTIAL AND BUSINESS CUSTOMER SERVICE PACKAGES AND TO INTRODUCE SMALL BUSINESS BUNDLES TO BE EFFECTIVE DECEMBER 7, 2010. a. Filing Date and Party: 11/05/2010 Description: To grandfather several current residential and business customer service packages and to introduce Small Business Bundles Analyst(s): Susan Travis RECOMMENDATION: Allow the item to become effective by operation of law. Sunflower Telephone Company, Inc. b. Filing Date and Party: 11/15/2010 Description: 1st Amended Advice Letter No. 88 to make revisions to the tariff pages. Analyst(s): Susan Travis

4.

PROCEEDING NO. 10AL-812T IN THE MATTER OF THE ADVICE LETTER NO. 61, TARIFF NO. 5 FILED BY ESCHELON TELECOM OF COLORADO, INC DBA INTEGRA TELECOM, TO CHANGE THE PRODUCT NAME FROM "NEXUS"TO "INTEGRATED T1" ON TARIFF SHEETS AND DELETE THE REFERENCES TO MOVED MATERIALS, TO BECOME EFFECTIVE DECEMBER 1, 2010. Eschelon Telecom of Colorado, Inc. dba Integra Telecom Description: to change product name and delete the references to moved materials Analyst(s): Judith Swinnerton RECOMMENDATION: Allow the item to become effective by operation of law. Filing Date and Party: 11/08/2010

November 23, 2010 CWM Agenda

Page 3 of 9

Consent Items TELECOMMUNICATIONS 5. DOCKET NO. 10A-800T

Royal Bank of Canada UPN Merger Sub LLC Unite Private Networks, LLC

IN THE MATTER OF THE JOINT APPLICATION OF UPN MERGER SUB LLC AND ROYAL BANK OF CANADA TO EXECUTE AN ENCUMBRANCE. UPN Merger Sub LLC Royal Bank of Canada Description: Joint application to execute an encumbrance. Analyst(s): Jerry Enright RECOMMENDATION: Deem the application complete and grant the application. ______________________________________________________ Filing Date and Party: 11/04/2010

6.

DOCKET NO. 04M-388T IN THE MATTER OF THE ADMINISTRATION OF THE COLORADO HIGH COST SUPPORT MECHANISM (CHCSM) AND THE FURTHER DEVELOPMENT OF A PROXY COST MODEL. Filing Date and Party: 11/18/2010 Qwest Corporation Description: Stipulation and Settlement Agmt 11 18 2010 Analyst(s): Bill Steele ______________________________________________________ DOCKET NO. 10T-729 Navigator Telecommunications, LLC Qwest Corporation IN THE MATTER OF THE NEW QWEST LOCAL SERVICES PLATFORM (QLSP) AGREEMENT BETWEEN QWEST CORPORATION AND NAVIGATOR TELECOMMUNICATIONS LLC. Qwest Corporation Navigator Telecommunications, LLC Description: Notice Letter and New Qwest Local Service Platform (QLSP) Agreement between Qwest Corporation and Navigator Telecommunications LLC Analyst(s): Barbara Anders RECOMMENDATION: Allow the item to become effective by operation of law by 01-10-11. Filing Date and Party: 10/12/2010

7.

8.

DOCKET NO. 10T-732

Northstar Telecom, Inc. Qwest Corporation

IN THE MATTER OF THE NEW QWEST LOCAL SERVICES PLATFORM ("QLSP") AGREEMENT BETWEEN QWEST CORPORATION AND NORTHSTAR TELECOM, INC. Qwest Corporation Northstar Telecom, Inc. Description: Qwest Corp & Northstar Telecom /New QLSP Analyst(s): Barbara Anders RECOMMENDATION: Allow the item to become effective by operation of law by 01-10-11. Filing Date and Party: 10/12/2010

November 23, 2010 CWM Agenda

Page 4 of 9

Consent Items TELECOMMUNICATIONS 9. DOCKET NO. 10T-747

Impact Telecom, Inc. Qwest Corporation

IN THE MATTER OF THE NEW QWEST LOCAL SERVICES PLATFORM AGREEMENT (QLSP) BETWEEN QWEST CORPORATION AND IMPACT TELECOM, LLC. Qwest Corporation Impact Telecom, Inc. Description: Qwest Corp/Impact Telecom - New QLSP Analyst(s): Barbara Anders RECOMMENDATION: Allow the item to become effective by operation of law by 01-10-11. ______________________________________________________ Filing Date and Party: 10/12/2010

10. DOCKET NO. 10T-748

Preferred Long Distance, Inc. Qwest Corporation

IN THE MATTER OF THE NEW QWEST LOCAL SERVICES PLATFORM AGREEMENT (QLSP) BETWEEN QWEST CORPORATION AND PREFERRED LONG DISTANCE, INC. Qwest Corporation Preferred Long Distance, Inc. Description: New - Qwest Local Services Platform (QLSP) Analyst(s): Susan Travis RECOMMENDATION: Allow the item to become effective by operation of law by 01-10-11. 11. DOCKET NO. 10T-749 Cordia Communications Corp Qwest Corporation Filing Date and Party: 10/12/2010

IN THE MATTER OF THE NEW QWEST LOCAL SERVICES PLATFORM ("QLSP") AGREEMENT BETWEEN QWEST CORPORATION AND CORDIA COMMUNICATIONS CORP. Qwest Corporation Cordia Communications Corp Description: Notice Letter and New Qwest Local Service Platform (QLSP) Agreement between Qwest Corporation and Cordia Communications Corp Analyst(s): Barbara Anders RECOMMENDATION: Allow the item to become effective by operation of law by 01-10-11. 12. DOCKET NO. 10T-780 Liberty Bell Telecom, LLC Qwest Corporation Filing Date and Party: 10/12/2010

IN THE MATTER OF THE NEW QWEST LOCAL SERVICES PLATFORM (QLSP) AGREEMENT BETWEEN QWEST CORPORATION AND LIBERTY BELL TELECOM, LLC. Qwest Corporation Liberty Bell Telecom, LLC Description: Qwest Corp & Liberty Bell Telecom /New QLSP Analyst(s): Pat Parker RECOMMENDATION: Allow the item to become effective by operation of law by 01-25-11. Filing Date and Party: 10/27/2010

November 23, 2010 CWM Agenda

Page 5 of 9

Consent Items ENERGY / WATER 1. PROCEEDING NO. 10AL-822G IN THE MATTER OF ADVICE LETTER 478 FILED BY ATMOS ENERGY CORPORATION TO IMPLEMENT AMIS AND AMI PROGRAMS IN COMPLIANCE WITH DECISION C10-0472 IN DOCKET 10A-189G TO BE EFFECTIVE DECEMBER 1, 2010. a. Filing Date and Party: 10/29/2010 Description: Atmos Energy Corporation AL 478 PUC No. 7-Gas Analyst(s): Abel Moreno RECOMMENDATION: (1) Allow the item to become effective by operation of law Atmos Energy Corp b. Filing Date and Party: 11/12/2010 Description: Amended Advice Letter No. 478 and accompanying amended tariff sheets Analyst(s): Abel Moreno ______________________________________________________

2.

DOCKET NO. 10A-785E

Public Service Company of Colorado

IN THE MATTER OF THE APPLICATION OF PUBLIC SERVICE COMPANY OF COLORADO FOR AN ORDER APPROVING CERTAIN UPDATED COMPONENTS USED TO CALCULATE THE ELECTRIC COMMODITY ADJUSTMENT. Filing Date and Party: 11/01/2010 Public Service Company of Colorado Description: for approval of updated components related to the calculation of the Electric Commodity Adjustment Analyst(s): Stephen Clif Brown RECOMMENDATION: Deem the application complete and grant the application.

November 23, 2010 CWM Agenda

Page 6 of 9

Discussion Items TRANSPORTATION 1. DOCKET NO. 08A-407CP

Mile High Cab

IN THE MATTER OF THE APPLICATION OF MILE HIGH CAB, INC., FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO OPERATE AS A COMMON CARRIER BY MOTOR VEHICLE FOR HIRE. a. Filing Date and Party: 11/09/2010 Metro Taxi &/or Taxis Fiesta &/or South Suburban Taxi Description: Motion for Reconsideration of October 8, 2010, Order: (1) Addressing Exceptions and Motions to Take Administrative Notice; and (2) Remanding with Directions Analyst(s): Neil Langland Mariya Barmak RECOMMENDATION: Discuss the item.

Mile High Cab b. Filing Date and Party: 11/09/2010 Description: Mile High Cab Inc's Motion for Reconsideration and Clarification of Decision No. C10-1149 Analyst(s): Neil Langland Mariya Barmak RECOMMENDATION: Discuss the item. Colorado Cab Company LLC c. Filing Date and Party: 11/09/2010 Description: Motion for Reconsideration of Remand in Decision No. C10-1149 Analyst(s): Neil Langland Mariya Barmak RECOMMENDATION: Discuss the item. d. Filing Date and Party: 11/16/2010 Metro Taxi &/or Taxis Fiesta &/or South Suburban Taxi Description: Response to Mile High Cab, Inc.'s Motion for Reconsideration and Clarification of Decision No. C-10-1149 Analyst(s): Neil Langland Mariya Barmak RECOMMENDATION: Discuss the item.

Mile High Cab e. Filing Date and Party: 11/16/2010 Description: Mile High Cab, Inc's Combined Response to Metro Taxi and Yellow Cab of Denver's Motions for Reconsideration of Decision No. C10-1149 Analyst(s): Neil Langland Mariya Barmak RECOMMENDATION: Discuss the item. f. Colorado Cab Company LLC Filing Date and Party: 11/16/2010 Description: Response to Mile High Cab, Inc.'s Motion for Reconsideration and Clarification of Decision No. C10-1149 Analyst(s): Neil Langland Mariya Barmak RECOMMENDATION: Discuss the item. ______________________________________________________

November 23, 2010 CWM Agenda

Page 7 of 9

Discussion Items TRANSPORTATION 2. DOCKET NO. 10A-779R

Regional Transportation District

IN THE MATTER OF THE APPLICATION OF THE REGIONAL TRANSPORTATION DISTRICT FOR PUBLIC UTILITIES COMMISSION REVIEW AND APPROVAL OF ITS SYSTEM SAFETY PROGRAM PLAN FOR ITS RAIL FIXED GUIDEWAY SYSTEM. a. Filing Date and Party: 10/28/2010 Analyst(s): David Beckett RECOMMENDATION: Deem the application complete; and (1) grant/deny the application, or (2) refer the application to an Administrative Law Judge. BNSF Railway Company b. Filing Date and Party: 11/05/2010 Description: Notice of Intervention Analyst(s): David Beckett RECOMMENDATION: (1) Grant/deny the item, or (2) refer the item to an Administrative Law Judge. Union Pacific Railroad Company c. Filing Date and Party: 11/08/2010 Description: Union Pacific's Railroad Company Entry of Appearance Analyst(s): David Beckett RECOMMENDATION: (1) Grant/deny the item, or (2) refer the item to an Administrative Law Judge. ______________________________________________________

TELECOMMUNICATIONS 1. DOCKET NO. 09A-634T

Qwest Corporation

IN THE MATTER OF THE APPLICATION OF QWEST CORPORATION FOR AUTHORIZATION TO RECOVER THE ACTUAL COSTS INCURRED FOR THE RELOCATION OF INFRASTRUCTURE OR FACILITIES REQUESTED BY A STATE AND/OR POLITICAL SUBDIVISIONS. Qwest Corporation a. Filing Date and Party: 09/17/2010 Description: Qwest's Exceptions to Recommended Decision No. R10-0875 Analyst(s): Bill Steele Mariya Barmak RECOMMENDATION: Grant/Deny the item. Colorado Public Utilities Commission b. Filing Date and Party: 09/24/2010 Description: Response of Staff of the Colorado Public Utilities Commission to Qwest's Exceptions Analyst(s): Bill Steele Mariya Barmak RECOMMENDATION: Discuss the item. Colorado Office of Consumer Counsel c. Filing Date and Party: 10/08/2010 Description: OCC Response to Qwest's Exceptions filed by Qwest to Decision No. R10-0875 Analyst(s): Bill Steele Mariya Barmak RECOMMENDATION: Discuss the item. ______________________________________________________ 2. PROCEEDING NO. 10AL-835T IN THE MATTER OF ADVICE LETTER NO. 81 FILED ON BEHALF OF TW TELECOM OF COLORADO LLC, TO REVISE THE COMPANY'S BUSINESS LINE SERVICE, ANALOG PBX TRUNK SERVICE AND BUSINESS TERMINAL SERVICE, TO BE EFFECTIVE DECEMBER 1, 2010. Filing Date and Party: 11/15/2010 tw telecom Description: revise the company's Business Line Service, Analog PBX Trunk service and business Terminal service Analyst(s): Jerry Enright RECOMMENDATION: (1) Allow the item to become effective by operation of law; or (2) suspend the effective date of the item and set it for hearing; or (3) reject the item. November 23, 2010 CWM Agenda

Page 8 of 9

Discussion Items TELECOMMUNICATIONS 3. DOCKET NO. 98M-236T IN THE MATTER OF THE ADMINISTRATION OF THE COLORADO HIGH COST SUPPORT MECHANISM. Filing Date and Party: 11/12/2010 Description: 2011 CHCSM Report Analyst(s): John Scott RECOMMENDATION: Should the Commission enter an order approving the CHCSM 2011 Budget. ______________________________________________________ ENERGY / WATER 1. DISCUSSION OF STAFF REPORT OF SMALL PV INSTALLATIONS FROM 2006 THROUGH 2009. Analyst(s): Richard Mignogna RECOMMENDATION: Discuss the item.

November 23, 2010 CWM Agenda

Page 9 of 9