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PUBLIC UTILITIES COMMISSION MEETING

Tuesday, February 24, 1998; 10:00 A.M.
State Capitol Building, Room 468
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. on Monday, February 23, 1998.

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 THE COMMISSION MEETING

Administration

1. Approval Of The Minutes Of The Commission Meetings Held On February 3 (2 meetings) and February 10, 1998. (Staff: Shirleen Fugitt.)

Consumer Affairs

1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Representative: Leni Healy.)

The Commission has received 210 consumer contacts during 1998. 69 contacts have been received since the February 3, 1998, Commission meeting.

TELECOMMUNICATIONS: 55 of the contacts involved telecommunication issues. 27 contacts involved slamming; 5 contacts involved requests for updated service; 4 contacts involved billing issues; 4 contacts involved disconnections; 3 contacts reported poor service; 2 contacts did not get service when promised; 2 contacts involved billings with an incorrect rate; 2 contacts concerned equal access issues; and one contact was received for each of the following issues: advertising, cramming, delayed transfer, service repair, dangerous tree limb, and a report of good service.

ELECTRICITY: 7 contacts involving electricity were reported. 2 contacts were classified as "other," and one contact was received for each of the following issues: billing, disconnection, easement, meter test, and won't connect.

NATURAL GAS: 7 contacts involving natural gas were reported. 3 contacts concerned high billings; 2 contacts concerned other billing issues; 1 disconnection issue and 1 refund concern were reported.

A total of 95 complaints have been resolved informally during 1998.

Electric

1. EL98-002 IN THE MATTER OF THE COMPLAINT FILED BY PAUL MUTH, MITCHELL, SOUTH DAKOTA, AGAINST NORTHWESTERN PUBLIC SERVICE COMPANY REGARDING AN ACCOUNTING OF COSTS. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

On January 14, 1998, Paul Muth, Mitchell, SD, filed a complaint against Northwestern Public Service regarding an accounting of costs. The complaint states: "NWPS was at the Palace Mall in Mitchell at 3:50pm on January 8, 1998. They were using a utility pickup with a bucket on it to work on the parking lot lights. We want to see the accounting in writing to show what they charged the private side of their business. They were actually there all day we were told later. Just show us the accounting procedure in writing - nothing more, nothing less." The complainant requests that actual accounting of cost in the books for the utility versus the private venture side of their business are being allocated correctly.

TODAY, does the Commission find probable cause of an unlawful or unreasonable act, rate, practice or omission to go forward with this complaint and serve it upon the Respondent?

Gas/Electric

1. GE97-003 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF REVISIONS TO ITS ELECTRIC AND GAS TARIFFS. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

On November 12, 1997, the Commission received a filing from MidAmerican Energy Company for revisions to its electric and gas tariffs. MidAmerican is planning to eliminate its Budget Plus Plan, a budget plan which pays interest on the average daily credit balance in the customer's account. MidAmerican will retain its standard Budget Plan, which does not pay interest. Customers currently on the Budget Plus Plan will be sent a letter and automatically switched to the standard Budget Plan.

TODAY, shall the Commission approve the tariff changes?

Telecommunications

1. TC96-044 IN THE MATTER OF THE APPLICATION OF PRIMUS TELECOMMUNICATIONS, INC. FOR AN AMENDMENT TO ITS CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Camron Hoseck.)

On August 22, 1997, Primus Telecommunications, Inc. filed a petition to amend its Certificate of Authority to operate as a telecommunications company within the state of South Dakota. Primus petitioned the Commission to authorize it to offer prepaid debit card services within the state. Primus is in the process of updating and revising its debit card offerings nationwide and will file its proposed South Dakota tariff revisions. The application states that Primus has the financing and capital necessary to provide prepaid debit card service to subscribers in the state of South Dakota.

TODAY, shall the Commission amend the Certificate Of Authority Of Primus Telecommunications, Inc?

2. TC97-091 IN THE MATTER OF THE APPLICATION OF CALLS FOR LESS, INC. DBA CFL FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Karen Cremer.)

On June 17, 1997, Calls for Less, Inc. d/b/a CFL applied for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. The applicant seeks authority to originate and terminate "intrastate, intraLATA and interLATA calls of business and residential customers, to operate as a Travel and Debit (Prepaid Calling) Card reseller, and to provide COCOT/COPT service."

TODAY, shall the Commission grant a Certificate Of Authority to Calls For Less, Inc?

3. TC97-109 IN THE MATTER OF THE APPLICATION OF FIRSTEL, INC. TO OFFER NEGOTIATED RATES. (Staff Analyst: Tammi Stangohr. Staff Attorney: Karen Cremer.)

On June 25, 1997, FirsTel, Inc. filed a request that the Commission waive ARSD 20:10:24:02(7) and 20:10:24:02(12) from the requirements for a Certificate of Authority. Subdivision 7 is the filing of a map and subdivision 12 is cost support.

TODAY, shall the Commission grant these waivers?

4. TC97-192 IN THE MATTER OF U S WEST COMMUNICATIONS, INC. AND ITS ABILITY TO SERVE SOUTH DAKOTA CUSTOMERS. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

In its Petition for Order to Show Cause, filed December 12, 1997, Commission Staff stated that by failing to provide adequate service, USWC could endanger the health, safety, and welfare of South Dakota citizens if those citizens cannot reach, for example, emergency numbers, doctors, hospitals, police and fire protection. Further, the inability of citizens and businesses to have telecommunications services timely installed and be otherwise reliable affects economic development and commerce and the welfare of the entire state of South Dakota. The convenience of the public can be and is negatively affected. The foregoing factors raise questions as to the competency, sufficiency and quality of management of USWC. The Commission considered this matter a January 20, 1998, regular meeting. On January 28, 1998, the Commission issued an Order to Show Cause and established March 4, 1998, as the date by which U S WEST must file prefiled testimony and March 18, 1998, as the date by which Staff must file its prefiled testimony. The Commission further ordered that a hearing be held in this matter on April 1-3, 1998. On February 10, 1998, the Commission amended its Order to Show Cause and denied U S WEST's request for depositions. On February 10, 1998, U S WEST filed a Motion for Continuance. U S WEST asks to extend the deadline for U S WEST to file prefiled testimony until thirty days after the completion of the requested Commission Staff depositions and to adjust the Staff's deadline for filing prefiled testimony accordingly, and to continue the hearing scheduled for April 1-3, 1998.

TODAY, shall the Commission grant the continuance?

5. TC97-193 IN THE MATTER OF THE APPLICATION OF NEW CENTURY TELECOM, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Camron Hoseck.)

On December 9, 1997, New Century Telecom, Inc. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. Applicant proposes to provide Outbound Interexchange Service, 800/888 Service, Calling Card Service and Directory Assistance. Applicant will not offer 900, 911, collect, or third-party billed calling services.

TODAY, shall the Commission grant a Certificate of Authority to New Century Telecom, Inc?

6. TC98-003 IN THE MATTER OF THE APPLICATION OF TELEPHONE COMPANY OF CENTRAL FLORIDA, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Karen Cremer.)

On January 8, 1998, Telephone Company of Central Florida, Inc. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "The Company proposes to provide intrastate long distance service in conjunction with its interstate long distance service....The Company plans on offering the following services to its customers: Direct Dial 1+, Inbound Toll Free, Travel Card, Debit Card, Casual Calling, and Directory Assistance."

TODAY, shall the Commission grant a Certificate Of Authority to Telephone Company of Central Florida, Inc?

7. TC98-005 IN THE MATTER OF THE APPLICATION OF NORCOM ADVANCED TECHNOLOGIES, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

On January 20, 1998, NorCom Advanced Technologies, Inc. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "Applicant is a non-switching, facilities-based provider of directly connected telecommunications services. Current offerings include telephone systems, data and voice network cabling, radio communication systems and telecommunication consulting services. Applicant seeks to include leasing and sale of microwave and fiber optic transmission services, dark fiber, and point-to-point wired and wireless services. Applicant intends to provide high quality services that meet industry reliability standards."

TODAY, shall the Commission grant a Certificate of Authority to NorCom Advanced Technologies, Inc?

8. TC98-013 IN THE MATTER OF THE APPLICATION OF AMERICATEL CORPORATION FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Camron Hoseck.)

On January 28, 1998, Americatel Corporation filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "Americatel will offer direct dialed, long distance, and casual dial-around 10XXX service on a non- presubscribed basis."

TODAY, shall the Commission grant a Certificate of Authority to Americatel Corporation?

9. TC98-014 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF REVISIONS TO ITS EXCHANGE AND NETWORK SERVICES CATALOG. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

On January 28, 1998, U S WEST Communications filed to change the Uniform Service Order Codes for Gold Line Calling Package C in its Exchange and Network Services Catalog.

TODAY, shall the Commission approve the tariff change?

Announcements
  1. Staff will be attending a workshop in Seattle on February 19-20, 1998.
  2. Commissioners and staff will be attending a Connecting All Americans conference in Washington DC on February 24-27, 1998.
  3. Commissioners will be attending the NARUC Winter Meetings on February 28-March 4, 1998, in Washington DC.
  4. A public hearing in TC97-192 (USWC Show Cause) is scheduled for April 1-3, 1998, in room 412 of the State Capitol Building.
  5. The next regularly scheduled Commission meeting will be held Tuesday March 10,1998, at 10:00 a.m. in Room 412 of the State Capitol Building.

______________________
Sue Cichos
Business Manager
February 17, 1998