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South Dakota Public Utilities Commission Meeting
Tuesday, August 22, 2000; 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 August 21, 2000. PLEASE DON'T WAIT until the day of the meeting to contact us for the conference call.
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
1. Approval Of The Minutes Of The Commission Meetings Held On August 9, 2000. (Staff: Mary Giddings.)
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Leni Healy.)
The Commission has received 1456 consumer contacts during 2000. 149 contacts have been received since the last report.
TELECOMMUNICATIONS: 128 of the contacts involved telecommunications. 32 contacts concerned billing issues; 25 of the contacts involved the unauthorized switching of service; 12 contacts involved the unauthorized billing for products or services; 11 contacts involved poor service; 10 contacts concerning raising rates without notices; 7 contacts involved delayed service; and the remaining issues involved 900 numbers, charges, calling cards, cell phones, damage, disconnections, leased equipment, lifeline, pay phones, unburied cable, and telemarketing.
ELECTRICITY: 12 of the contacts involved electricity issues. 4 of the contacts involved disconnections; 2 contacts concerned billing, and the remaining issues concerned delayed installation, cost, outages, late payments, poor service and radio interference.
NATURAL GAS: 9 contacts involving natural gas were reported. 6 contacts concerned increasing cost of natural gas; 2 contacts involved disconnections; and 1 contact concerned identity theft.
1126 complaints have been resolved informally during 2000.
2. IN THE MATTER OF DISMISSING COMPLAINTS CT00-020 and CT00-078.
CT00-020 IN THE MATTER OF THE COMPLAINT FILED BY ROLLIE JENSEN, SIOUX FALLS, SOUTH DAKOTA, AGAINST MCLEODUSA TELECOMMUNICATIONS SERVICES, INC. REGARDING DELAYED INSTALLATION. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)
On January 18, 2000, the Commission received a complaint filed by Rollie Jensen, Sioux Falls, South Dakota, against McLeodUSA Telecommunications Services, Inc. regarding delayed installation. Complainant alleges they requested McLeodUSA to transfer their phone service to their new office on August 27, 1999. They were never informed that the phone service start date was September 2, 1999. They moved their office on August 27th. Phone service, computer usage or faxing capabilities were not available until 5:00 p.m. on September 2, 1999. The Complainant is seeking restitution for lost income, wage losses, extra rent, and cellular phone charges. The Complainant also hopes "US West and McLeodUSA stop their in-house fighting and go back to giving the customer service that we all pay dearly for." The Complainant has asked to amend his complaint to include U S WEST as a respondent. The Commission found probable cause against McLeodUSA a February 15, 2000, meeting. On February 24, 2000, after the original agenda was noticed, the Commission received a request from the Complainant to amend the complaint to include a duplicate billing problem. A hearing was scheduled for August 23, 2000. The hearing was cancelled.
CT00-078 IN THE MATTER OF THE COMPLAINT FILED BY MARK AND SUE CICHOS, PIERRE, SOUTH DAKOTA, AGAINST QWEST COMMUNICATIONS, INC., WEBNET COM, INC. AND ILD TELESERVICES, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)
The Complainants allege that their long distance service was switched without their authorization. The Complainants are seeking compensation for the violations. A hearing was scheduled for August 9, 2000. The hearing was cancelled.
TODAY, if all of the above matters are resolved shall the Commission dismiss the complaints and close the dockets?
3. CE00-001 IN THE MATTER OF THE COMPLAINT FILED BY B. J. PEASE, ET AL., SIMILARLY SITUATED CONSUMERS, ABERDEEN, SOUTH DAKOTA, AGAINST NORTHWESTERN PUBLIC SERVICE COMPANY REGARDING MULTIPLE BILLING ISSUES. (Staff Analyst: Charlene Lund. Staff Attorney: Karen Cremer.)
The Complainant alleges multiple issues regarding the NorthWestern Public Service Company billings and billing practices for electric service. The Complainant requests numerous remedies to include: compensation from NorthWestern Public Service Company; for the Public Utilities Commission to assess fines against NWPS for its practices and other corrective measures to address the issues. A hearing was held in this matter on June 27, 2000.
TODAY, what is the Commission's decision?
On January 10, 2000, Otter Tail Power Company filed for a tariff revision. This tariff revision provides an updated summary list of contracts with deviations for street lighting with various municipalities. These contracts with deviations require Commission approval. On July 27, 2000, the Commission received the Petition for Approval of Contracts with Deviations from Otter Tail.
TODAY, shall the Commission approve the proposed contracts with deviations and the summary list of contracts with deviations?
On June 1, 1999, the Commission received an application from NorthWestern Public Service, a division of Northwestern Corporation, for an increase in rates for natural gas service in South Dakota. The Company requested that the proposed increase of $2,108,112 or approximately 6.3% become effective July 1, 1999. On June 22 the Commission suspended the imposition of the tariff for 90 days to October 1. By Order dated September 14, 1999, the Commission further extended the suspension through December 1, 1999. A hearing in this matter was scheduled for October 20-21, 1999. On October 18, 1999, Staff notified the Commission that NWPS and Staff had reached a settlement agreement and requested the Commission to consider it on October 20, 1999. An issue related to the PGA was separated from the rate case issues and a hearing on the PGA issue was held October 20, 1999. On November 1, 1999, the Commission approved the settlement agreement on rate case issues which increased rates by $1,279,025 with an effective date of December 1, 1999. The Commission issued its order regarding the PGA issue on April 27, 2000. On June 8, 2000, Staff filed a Motion to Compel NorthWestern Public Service to Comply with Commission Order.
TODAY, shall the Commission grant the Motion to Compel? How shall the Commission proceed?
2. NG00-004 IN THE MATTER OF THE APPLICATION OF ASSOCIATED MILK PRODUCERS, INC. PIPELINE, INC. TO CONTINUE INTRASTATE NATURAL GAS TRANSPORTATION RATE AND ELIMINATE REFUND CONDITION. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)
On April 3, 2000, the Commission docketed the application by Associated Milk Producers to continue the currently effective gas transportation rate which was initially approved in June of 1998 in Docket No. NG97-015. The June 2, 1998, Order required Associated Milk Producers to submit an application for a change in the intrastate natural gas transportation rate by March 1, 2000. Associated Milk Producers subsequently requested and the Commission granted an extension of the March 1, 2000, date to April 1, 2000. No parties filed to intervene.
TODAY, Shall the Commission authorize AMPIP to continue to provide service at the rate approved by order dated June 2, 1998, in Docket NG97-015. AND, remove any refund obligation due to overcollections from the period 6/2/98 through 9/1/00. ALSO, approve waiver of ARSD 20:10:13:04 and 20:10:13:05 (tariff schedule and arrangement rules) to allow use of the existing tariff?
1. TC99-096 IN THE MATTER OF THE APPLICATION OF ALLIED COMMUNICATIONS GROUP D/B/A ACG FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)
On September 20, 1999, Allied Communications Group d/b/a ACG has filed a request for a Certificate of Authority to offer resold interexchange services, including direct dialed 1+ service, inbound Toll-Free service , and travel card services.
TODAY, shall the Commission grant a Certificate of Authority to Allied Communications Group?
2. TC99-111 IN THE MATTER OF THE APPLICATION OF MVX.COM COMMUNICATIONS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)
On December 1, 1999, the Commission received a request from MVX.COM for a certificate of authority to provide local exchange service within the State of South Dakota. It intends to provide service through resale only.
TODAY, shall the Commission grant a Certificate of Authority to MVX.COM?
3. TC00-019 IN THE MATTER OF THE APPLICATION OF TOTALAXCESS.COM, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)
TotalAxcess.com, Inc. (TXCI) seeks a Certificate of Authority to provide resold interexchange telecommunications services. TXCI intends to offer a full line of inbound and outbound services, directory assistance, travel card, and prepaid calling card service to residential and business customers throughout South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to TXCI?
4. TC00-071 IN THE MATTER OF THE APPLICATION OF INTEGRA TELECOM OF SOUTH DAKOTA, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES, INCLUDING LOCAL EXCHANGE SERVICES, IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)
Integra Telecom of South Dakota, Inc. intends to provide local exchange and interexchange telecommunications services including local dial tone, extended area service, high-speed internet access, including DSL, dedicated and switched access long distance services and enhanced features via its own facilities, leased facilities and resale. Integra Telecom of South Dakota, Inc. requests authority to provide services throughout the state of South Dakota and proposes an initial operating area identical to that of U S WEST.
TODAY, shall the Commission grant a Certificate of Authority to Integra Telecom?
5. TC00-079 IN THE MATTER OF THE APPLICATION OF WORLDWIDE FIBER NETWORKS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)
On May 11, 2000, Worldwide Fiber Networks, Inc. filed for a Certificate of Authority to provide interexchange telecommunications services throughout South Dakota. The Applicant intends to provide broadband network and co-location services to telecommunications companies, Internet service providers, application service providers and data-centric enterprises.
TODAY, shall the Commission grant a Certificate of Authority to Worldwide Fiber Networks, Inc.?
6. TC00-090 IN THE MATTER OF THE APPLICATION OF KDD AMERICA, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Keith Senger. Staff Attorney: Karen E. Cremer.)
KDD America, Inc. is seeking a Certificate of Authority to provide resold interexchange telecommunications services in South Dakota. The applicant intends to provide WATS and MTS services. Applicant will offer services to its subscribers using facilities of the communications networks of Frontier, other facilities-based IXCs and the local exchange telephone companies.
TODAY, shall the Commission grant a Certificate of Authority to KDD America, Inc.?
7. TC00-100 IN THE MATTER OF THE APPLICATION OF EVULKAN, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Keith Senger. Staff Attorney: Karen E. Cremer.)
eVulkan, Inc. is seeking a Certificate of Authority to provide resold interexchange telecommunication services in South Dakota. The applicant intends to provide switched and dedicated outbound interexchange services, and calling card services accessed via company provided 800/888 numbers.
TODAY, shall the Commission grant a Certificate of Authority to eVulkan, Inc.?
Utility.com, Inc. is seeking a Certificate of Authority as a switch-based reseller in South Dakota. The applicant intends to offer 1+ and 101XXXX direct outbound dialing, 800/888 Toll-Free inbound dialing, travel card service, and prepaid calling card service .
TODAY, shall the Commission grant a Certificate of Authority to Utility.com?
1. The hearing in Docket CT00-082 (May/FirsTel) will be held on August 22, 2000, at 8:30am, in Room 412 of the State Capitol.
2. Hearings are scheduled to begin at 8:30am on September 7, 2000, in Dockets: CT00-068 and CT00-084 Ball; CT00-085 Sheehy; CT00-086 Nyuyen, in the State Capitol.
3. A hearing is scheduled in Docket CT00-060 Blindauer for September 13, 2000, at 1:30pm, in the State Capitol.
4. A Commission meeting and hearings are being scheduled for September 19, 2000, in the State Capitol Building.
5. Hearings are being scheduled for September 20, 2000, in the State Capitol Building.
6. The next regularly scheduled Commission meeting will be held Thursday, September 7, 2000, at 1:30pm, in Room LCR#1 of the State Capitol Building.
Deputy Executive Director
August 15, 2000