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South Dakota Public Utilities Commission Meeting
Tuesday, February 26, 2002; 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 February 25, 2002.
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 Meeting Held On February 5, 2002. (Staff: Mary Giddings.)
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Mary Healy.)
The Commission has received 308 consumer contacts during 2002. 116 of the complaints were received since the February 5, 2002, meeting. So far the Commission has resolved 264 informal consumer complaints.
TELECOMMUNICATIONS: 90 of the contacts involved telecommunications. 26 contacts concerned billing issues; 7 concerned the unauthorized switch in telecommunication services; 9 concerned delayed service or delayed disconnect; 10 contacts involved telemarketers; 2 contacts involved disconnects; 3 concerned unauthorized billing; 7 contacts involved increased rates; 4 involved poor customer service, and some of the remaining contacts involved deposits, collect call blocks, cellular service, directory assistance, and PUC administrative rules.
ELECTRICITY: 14 of the contacts involved electricity issues. 8 of the contacts concerned disconnect; 5 concerned billing and 1 concerned relocating a meter.
NATURAL GAS: 8 of the contacts involved natural gas. 1 of the contacts concerned billing; 5 contact involved disconnects, and 2 concerned delayed service.
2. IN THE MATTER OF DISMISSING DOCKETS CT01-057, CT01-060, CT02-002, CT02-004, and CT02-005.
Complainant alleges that his instate long distance service was switched without his authorization and that he received unauthorized services and billings from Qwest. Complainant alleges that he had difficulty in getting credit for $400.98 in unauthorized charges. Complainant requests that he get a refund for $400.98 and $1000.00 for the unauthorized switch and billing for instate long distance services. Complainant requests that the PUC fine Qwest for this activity.
Complainant states that on October 27, 2001, he made arrangements to have his 800# transferred from his business in Canada to his business in South Dakota effective November 1, 2001. Complainant states that although this transfer did take place, it lasted for only a couple of days. Callers began receiving a recording stating that the number had been disconnected. Complainant made several calls to AT&T to correct the situation with no success. Finally on December 4, 2001, Complainant's 800# began working at his business. Because of the 800# not working, Complainant states that he has lost $75,000.00 in business. Complainant feels that AT&T knows that they are at fault as they did not send proper documentation to his provider in Canada to make the 800# switch. Complainant wants AT&T to make him a reasonable offer to offset the loss in business.
Complainants allege that they did not receive the rates for long distance services that were quoted by the telemarketer. They allege that they would not have switched their phone services if they had been provided correct rate information. The complainants are requesting to have the switching fees for two lines for instate and out of state long distance services, totaling $20.00 refunded and to have all MCI charges cancelled.
Complainant's representative states that the Hospital lost incoming telephone service on January 11, 2002, and it was not restored until January 14, 2002. Complainant's representative made at least 12 phone calls to McLeod and Qwest to get service restored and was told that it would not be restored until January 14, 2002. Complainant requests full disclosure as to what caused the problem and what prevented immediate repair and that the companies disclose what steps are planned to prevent this problem in the future. Complainant feels if the companies cannot fix this problem to prevent this from happening again, they should not be allowed to provide telephone service to an emergency facility that requires the need for phone service 24 hours a day.
Complainant states that she did not authorize AT&T as her long distance provider. Complainant requests that she be reimbursed for all charges she has paid for the unauthorized switch and that she receive the highest amount of compensation allowed under the law.
TODAY, if the above matters are resolved shall the Commission dismiss the complaints and close the dockets?
Electric
Charles Mix Electric Association, Inc. and the Town of Pickstown have jointly requested the Commission approve a Limited Waiver of Service Territory Agreement. The applicants have agreed it is in the best interest of the public that Charles Mix Electric Association provide electrical service to the meter pit located in the Northeast one acre of Outlot Sixteen. The Service Territory Agreement shall continue indefinitely until such time as Pickstown shall elect to revoke the waiver.
TODAY, shall the Commission approve the proposed waiver of the service territory agreement?
MidAmerican Energy Company (MidAmerican) is requesting approval of a revision to Section No. 3, 1st Revised Sheet No. D-47 of the South Dakota Electric Tariff Rate Book. In an order dated July 20, 2000, the Commission approved MidAmerican's Rider No. 12, Short Term Interruptible Energy Service under docket EL00-017. The service was available as a pilot program, which expired on December 31, 2001. This filing renews that program.
TODAY, shall the Commission approve the proposed tariff revisions?
Telecommunications
On March 9, 2000, the Commission approved Z-Tel's application for a COA subject to a continuous $25,000 surety bond, and subject to rural safeguards. On February 4, 2002, the Commission received a "Notice of Cancellation of Bond by Surety" for Z-Tel by Crum And Forster Insurance, indicating that the bond would be cancelled on or about March 1, 2002. On February 19, 2002, Staff filed a Motion for Reconsideration of the Terms and Conditions of Certificate of Authority.
TODAY, how shall the Commission proceed?
On October 18, 2001, QX Telecom LLC filed for a Certificate of Authority to provide interexchange telecommunication services in South Dakota. The applicant intends to provide facilities-based and resold interexchange telecommunications services to both residential and business class customers throughout the State of South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to Q X Telecom LLC?
On October 25, 2001, Contact Communications, Inc. filed an application seeking a Certificate of Authority to provide basic local exchange telecommunication services at locations in South Dakota served by Qwest. The applicant proposes to provide digital subscriber line (DSL) service to customers on a retail basis. The applicant also intends to act as a wholesaler of service to ISPs through individual contracts.
TODAY, shall the Commission grant a Certificate of Authority to Contact Communications, Inc.?
On January 14, 2002, Norcom, Inc. filed an application seeking a Certificate of Authority to provide resold interexchange telecommunications services throughout the State of South Dakota. The applicant proposes to provide resold MTS, Inbound 8XX service, and travel card services.
TODAY, shall the Commission grant a Certificate of Authority to Norcom, Inc.?
ECI Communications, Inc. is seeking a Certificate of Authority to provide interexchange telecommunications services in South Dakota. The applicant intends to offer outbound and inbound telecommunications services, directory assistance service, calling card service, conference services, private line services and operator toll assistance services.
TODAY, shall the Commission grant a Certificate of Authority to ECI Communications, Inc.?
On January 28, 2002, the Commission received a filing from Qwest Corporation (Qwest) for approval of an amendment to the interconnection agreement between Qwest and McLeodUSA Telecommunications Services, Inc. (McLeod). According to the parties, the agreement is a negotiated agreement and the amendment is made in order to add to the agreement the terms, conditions and rates for UDIT as set forth in Attachment 1 and Exhibits A and B, attached to the amendment. Parties had until February 18, 2002, to file comments.
TODAY, shall the Commission approve the proposed amendment?
On January 28, 2002, the Commission received a filing from Qwest Corporation (Qwest) for approval of an amendment to the interconnection agreement between Qwest and Rural Cellular Corporation (Rural Cellular). According to the parties, the agreement is a negotiated agreement and the amendment is made in order to implement the requirements of the FCC Order on Remand and Report and Order in CC Docket Nos. 96-98 and 99-68 regarding intercarrier compensation for Internet service provider (ISP) bound traffic. Parties had until February 18, 2002, to file comments.
TODAY, shall the Commission approve the proposed amendment?
On January 28, 2002, the Commission received a filing from Qwest Corporation (Qwest) for approval of an amendment to the interconnection agreement between Qwest and McLeodUSA Telecommunications Services, Inc. (McLeod). According to the parties, the agreement is a negotiated agreement and the amendment is made in order to add to the agreement the terms, conditions and rates for Collocation, Cancellation and Decommission as set forth in Attachments 1 and 2 and Exhibit A, attached to the amendment. Parties had until February 18, 2002, to file comments
TODAY, shall the Commission approve the proposed amendment?
Announcements
1. On February 20, 2002, a settlement proposal will be heard in Docket NG01-010 (MidAmerican Rate Case) at 2:30pm in Room 468 of the State Capitol.
2. A hearing in TC01-165 (Qwest 271 Filing) will be held on April 22-26, 2002, in Room 412 of the State Capitol.
3. Commission Meetings and Hearings are being planned for March 28 and April 16, 2002.
4. The next regularly scheduled Commission meeting will be held March 13, 2002, at 1:30pm, in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
February 19, 2002
