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South Dakota Public Utilities Commission Meeting
Tuesday, September 18, 2001; 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 September 17, 2001.
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 Meeting Held On September 7, 2001. (Staff: Mary Giddings.)
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Mary Healy.)
The Commission has received 2,250 consumer contacts during 2001. 128 of the complaints were received since the September 7, 2001, meeting. So far the Commission has resolved 2089 informal consumer complaints.
TELECOMMUNICATIONS: 91 of the contacts involved telecommunications. 14 contacts concerned billing issues; 7 concerned the unauthorized switch in telecommunication services; 8 concerned delayed service or delayed disconnect; 4 contacts involved telemarketers; 6 concerned unauthorized billing; 6 contacts concerned poor service; 8 contacts involved increased rates; 5 concerned 900#'s; and some of the remaining contacts involved cellular service, fees, cut cable, long distance providers, directory assistance and life line.
ELECTRICITY: 27 of the contacts involved electricity issues. 11 of the contacts concerned disconnect; 5 concerned billing issues; 2 concerned outages; 2 concerned territory boundary; and some of the remaining issues involved energy assistance, property damage, and appliance installation costs and appliance service agreements.
NATURAL GAS: 7 of the contacts involved natural gas. 2 of the contacts concerned disconnect; 3 concerned billing issues; 1 contact involved property damage; 1 concerned natural gas rates.
2. CE01-002 IN THE MATTER OF THE COMPLAINT FILED BY DALE RIEDLINGER, SIOUX FALLS, SOUTH DAKOTA, AGAINST XCEL ENERGY REGARDING POOR MAINTENANCE SERVICE. (Staff Analyst: Mary Healy. Staff Attorney: Kelly Frazier.)
Complainant states that on or about May 21, 2001, Xcel Energy had a tree trimming company come to his area of town and trim trees. Complainant states that when the company trimmed his tree in the front yard of his home, the tree was destroyed by cutting the tree half off. Complainant states that there are only two customers in his neighborhood that do not have buried cable. Complainant inquired about the line being buried and was told that he would have to pay $7,500.00. Complainant states that Xcel Energy does not have an easement to have the utility pole on his property. Complainant requests that Xcel Energy bury the lines at no cost or a reasonable cost to the customer. Complainant does not feel he should replace his tree because he believes that the problem will occur again when the tree trimming service happens again. On September 10, 2001, Xcel filed its answer and a request to dismiss.
TODAY, shall the Commission grant the request to dismiss?
3. CT01-035 IN THE MATTER OF THE COMPLAINT FILED BY JOAN M. HORSTMAN, SIOUX FALLS, SOUTH DAKOTA, AGAINST TOUCH AMERICA, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES AND BILLING FOR SERVICES. (Staff Analyst: Mary Healy. Staff Attorney: Karen Cremer.)
Complainant states that on two occasions Touch America has represented itself as her long distance provider. This was done without her knowledge or authorization. Complainant requests that steps be taken to prevent the changing of long distance companies without authorization; that she be absolved from any and all expenses for long distance service that she did not request; and that any party found to be at fault for slamming be fined. On September 7, 2001, Sprint's Motion to Dismiss was granted. On September 7, 2001, Complainant requested to add Qwest Corporation as a party.
TODAY, shall the Commission add Qwest Corporation as a party to the docket?
4. CT01-036 IN THE MATTER OF THE COMPLAINT FILED BY BARBARA ANNE SCHOCK, SIOUX FALLS, SOUTH DAKOTA, AGAINST DIRECT ONE COM.LONG DISTANCE REGARDING UNAUTHORIZED BILLING FOR SERVICES. (Staff Analyst: Mary Healy. Staff Attorney: Kelly Frazier.)
Complainant states that her credit card was charged by Direct One Com.Long Distance for unauthorized billing. Complainant believes that her credit card was fraudulently accessed by Direct One Com.Long Distance after she purchased an item that was offered on television. Complainant requests that she be compensated for her time in resolving this matter and that she be awarded $1,000.00 as stated by South Dakota law. She also would like the Commission to assess a penalty on Direct One Com.Long Distance for its actions and because Direct One Com.Long Distance does not have a Certificate of Authority from the SD Public Utilities Commission.
TODAY, if the matter is resolved, shall the Commission dismiss the complaint and close the docket?
Application by NorthWestern Public Service for approval of tariff revisions updating the fuel retention percentage found in the Gas Transportation Tariff General Terms and Conditions. This annual adjustment is proposed to be effective October 1, 2001.
TODAY, shall the Commission approve the proposed tariff revisions?
On November 27, 2000, a Resale Agreement between Qwest Corporation (Qwest) and 1-800-Reconex, Inc. (Reconex) was filed with the Commission for approval. The agreement is a negotiated agreement which sets forth the terms, conditions and prices under which Qwest will provide services for resale to Reconex for the provision of local exchange services. Parties had until December 18, 2000, to file comments.
TODAY, shall the Commission approve the resale agreement?
On June 11, 2001, Qwest Corporation filed revisions to its Exchange and Network Services Catalog for approval. The purpose of the revisions is to introduce N11 service. The specific N11 services being deployed are 211 - public, health, and community services; 311 - non-emergency police, fire, and municipal business; 511 - road and traffic conditions; and 711 - telecommunications relay service for the speech and hearing impaired. Qwest is requesting that these services be accorded a fully competitive status. Qwest is also asking for an effective date as early as possible after June 29, 2001. On July 10, 2001, the South Dakota Department of Human Services and Sprint Communications, LP, were granted intervention. The Commission suspended the tariff sheets a July 24, 2001, regular meeting. At the August 16, 2001, regular meeting, Help!Line Center, Inc. was granted intervention. A hearing in this matter was scheduled for September 7, 2001, in Pierre. The hearing was cancelled. On August 31, 2001, Qwest amended its filing.
TODAY, how shall the Commission proceed?
3. TC01-096 IN THE MATTER OF THE APPLICATION OF TELECENTS COMMUNICATIONS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Staff Attorney: Kelly Frazier.)
On July 26, 2001, TeleCents Communications, Inc. filed for a Certificate of Authority to provide resold and facilities based local exchange service in South Dakota. Applicant seeks to provide local service in areas served by LECs that are not eligible for a small or rural carrier exemption pursuant to Section 251(f) (1) of the Federal Act.
TODAY, shall the Commission grant a Certificate of Authority to TeleCents Communications, Inc.?
4. IN THE MATTER OF THE DOCKETS REQUESTING FEDERAL UNIVERSAL SERVICE SUPPORT CERTIFICATION. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)
The purpose of this filing is to provide information constituting Dakota Community Telephone's plan for the use of its federal universal service support and to otherwise verify that Dakota Community Telephone will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
At the present time, Citizens Telecommunications Company is not receiving any federal universal service support for the study area that includes Jasper, Minnesota, and the approximately 25 customers in South Dakota. The purpose of this filing is to verify that in the event that Citizens Telecommunications Company does receive federal universal support in the future, it will use all federal universal service support in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
The purpose of this filing is to provide information constituting HickoryTech's plan for the use of its federal universal service support and to otherwise verify that HickoryTech will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
The purpose of this filing is to provide information constituting Consolidated Telcom's plan for the use of its federal universal service support and to otherwise verify that Consolidated Telcom will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
The purpose of this filing is to provide information constituting Great Plains Communications, Inc.'s plan for the use of its federal universal service support and to otherwise verify that Great Plains Communications, Inc. will use all federal universal service support received in a manner that is consistent with the federal universal service provisions of 47 U.S.C. Section 254.
TODAY, shall the Commission grant intervention to any parties who may have filed? AND, shall the Commission provide a certification regarding the plan for the use of federal universal services support as proposed in each of the above dockets?
1. A hearing in Docket TC00-190 (BH FiberCom Access) is scheduled for October 4, 2001, beginning at 8:30am in Room 412.
2. The next regularly scheduled Commission meeting will be held October 10, 2001, at 1:30pm, in Room 412 of the State Capitol Building.
Deputy Executive Director
September 11, 2001