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PUBLIC UTILITIES COMMISSION MEETING
Monday, April 6, 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 Friday, April 3, 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.
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 ruled on discovery requests. On February 10, 1998, U S WEST filed a Motion for Continuance. U S WEST asked 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. On February 17, 1998, USWC filed a motion to Amend Order to Show Cause; Motion to Preclude Staff from Participating in Hearing; and, Motion to Dismiss. On February 19, 1998, Staff filed its response to the Motions of USWC. On February 19, 1998, USWC filed a Motion to Quash and an Amended Motion for Continuance. On February 24, 1998, the Commission granted a continuance and suspended the procedural schedule. On February 27, 1998, USWC filed a Notice of Appeal. On March 2, USWC filed a Motion to Stay Agency Proceedings. On March 23, 1998, the Circuit Court denied USWC's motion to Stay.
TODAY, how shall the Commission proceed?
Shall the Commission grant the Motion to Amend Order to Show Cause?
Shall the Commission grant the Motion to Preclude Staff from Participating in Hearing?
Shall the Commission grant the Motion to Dismiss?
Shall the Commission grant the Motion to Quash?
April 1, 1998