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South Dakota Public Utilities Commission Meeting
Thursday, March 11, 1999; 1:30 P.M.
State Capitol Building, Room 412
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 March 10, 1999. Please keep in mind that a limited number of telephone lines are available. Every effort should be made for parties in the same city to be on the same line when calling in.
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 AD HOC MEETING
1. NG98-012 IN THE MATTER OF THE APPLICATION OF MONTANA-DAKOTA UTILITIES CO. FOR APPROVAL OF REVISIONS TO ELLSWORTH AIR FORCE BASE, RATE 64. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)
On December 7, 1998, the Commission received an application by Montana-Dakota Utilities Co. for approval of Revisions to Rate 64 reflecting a new agreement executed November 30, 1998. Ellsworth Air Force base has installed a propane-air peaking system and is converting their firm natural gas service requirements to interruptible service. The revised tariff will reflect the new service agreement rates and conditions. The Commission heard this matter and took it under advisement at the March 9, 1999, Commission Meeting.
TODAY, shall the Commission approve the application?
1. TC98-187 IN THE MATTER OF THE PETITION FOR AN ORDER DIRECTING U S WEST COMMUNICATIONS, INC., TO FILE UPDATES TO ITS EXCHANGE AND NETWORK SERVICES CATALOG, ACCESS SERVICE CATALOG, ADVANCED COMMUNICATIONS SERVICES CATALOG, AND PRIVATE LINE TRANSPORT SERVICES CATALOG. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)
On October 26, 1998, Staff of the Commission petitioned the Commission to issue as Order requiring U S WEST Communications, Inc. to file updates to its Exchange and Network Services Catalog, Access Service Catalog, Advanced Communications Services Catalog and Private Line Transport Services Catalog. A hearing for this matter has been scheduled for March 16, 1999 in Pierre. Based on a letter received from U S WEST on February 25, 1999, the Commission issued an amended Hearing Notice which clarified the matters to be heard at the hearing. Then on March 8, 1999, U S WEST sent another letter to the Commission. The letter indicates tha "affidavit no longer reflects the position of U S WEST." The letter goes on to raise the question of now expanding the issues before the Commission. Also in U S WEST's letter it states "...an expanded hearing will necessitate some discovery and more extensive preparation." On March 5, 1999, the Commission received a Deposition Subpoena And Subpoena To Produce Documents from U S WEST. On March 9, 1999, staff filed a motion to quash with the Commission.
TODAY, shall the Commission grant the motion to quash? And, how shall the Commission proceed?
2. TC98-194 IN THE MATTER OF THE COMPLAINT FILED BY BASEC.NET, HURON, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS AND FIRSTEL, INC. REGARDING BILLING ISSUES. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)
On October 26, 1998, the Commission received a Complaint by Marvie Tschetter of Basec.Net against U S WEST Communications, Inc. and FirsTel, Inc. The Complainant purchased an existing business and contacted U S WEST to continue customer access through T-1 lines. U S WEST informed the Complainant that Basec.Net could not take over payment of the lines unless the previous owner's debt was paid in full. Basec.Net decided to move the equipment and obtain services through FirsTel. After obtaining the services, Basec.Net was informed by U S WEST that they would be charged for installation/construction fees, the old billings of the previous owner, and additional charges for monthly service until other options were available. Neither U S WEST nor FirsTel disclosed these costs prior to providing service. FirsTel offered a plan with minimal installation fees but could not offer the service for 15-20 days which would not allow Basec.Net's customers access to their services. The Complainant seeks the following relief: "1) Require U S WEST to inform promptly of facilities issues. 2) Some sort of financial compensation for loss of revenue." The Commission ordered a finding of probable cause and set the hearing for this matter on March 31-April 1, 1999. On March 1, 1999, U S WEST filed a motion to amend U S WEST's answer to cross claim of FirsTel, Inc. On March 3, 1999, the Commission received a motion to dismiss cross-claim of FirsTel, Inc. against U S WEST from U S WEST. The Commission heard this matter and took it under advisement a March 9, 1999, Commission Meeting.
TODAY, shall the Commission grant the request to dismiss cross-claim of FirsTel, Inc. against U S WEST?
Sue Cichos, Deputy Executive Director
March 9, 1999