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South Dakota Public Utilities Commission Meeting
Tuesday, April 15, 2003 at 9:30 A.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 April 14, 2003.
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 April 1, 2003. (Staff: Tina Douglas.)
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff.)
2. CT02-040 In the Matter of the Complaint filed by Debra Gillen, Kimball, SD, against Verizon Wireless Regarding Billing, Contract Dispute and Poor Customer Service. (Staff Analyst: James Mehlhaff, Staff Attorney: Kelly Frazier)
On October 15, 2002, the Commission received a complaint filed by Debra Gillen against Verizon Wireless regarding billing, a contract dispute and poor customer service. According to the Complaint, Verizon gave poor customer service in that her phone connection was cutting off, refused to allow her to switch providers without first completing her billing cycle and refused to provide her a copy of the contract to justify why she would be charged a cancellation fee for switching to another provider. Complainant is seeking to have penalties removed and a copy of her contract.
TODAY, if the above matter is resolved shall the Commission dismiss the complaint and close the docket?
3. CT03-001 In the Matter of the Complaint filed by Berdell Kinsley, Springfield, South Dakota, against BroadWing Telecommunications, Inc. Regarding Unauthorized Switching of Services. (Staff Analyst: James Mehlhaff, Staff Attorney: Kelly Frazier)
Complainant states that his service was switched without his authorization. Complainant requests a payment of $800.00 for the unauthorized switch and reimbursement of expenses to attend a hearing.
TODAY, shall the Commission dismiss the complaint and close the docket?
4. CT03-003 In the Matter of the Complaint filed by Mark Van Den Hoek on behalf of Hard Drive Central, Mitchell, South Dakota, against Ionex Communications North, Inc. Regarding Quality of Service Issue. (Staff analyst: James Mehlhaff, Staff Attorney: Kelly Frazier)
The Complainant alleges that Ionex failed to provide long distance service from August 16, 2002, through November 1, 2002. The complainant seeks to have the unpaid charges for local service waived as compensation for the hardship caused as a result of the long distance issue. The company has filed a Motion To Dismiss.
TODAY, shall the Commission grant Ionex's Motion To Dismiss?
1. EL03-004 In the Matter of the Joint Request for an Electric Service Territory Boundary Change between the City of Vermillion and Clay-Union Electric Corporation. (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)
The Public Utilities Commission has received a jointly filed mutually agreed upon allocation of service territory agreement from the City of Vermillion and Clay Union Electric. The agreement for the allocation of territory was necessary after discovering that the City of Vermillion was inadvertently serving outside its approved territorial boundary. The parties agree that the City will continue to serve the area in Clay Union's assigned territory which it has been servicing and Clay Union shall transfer this territory to City. This territory is described as: The East 320.5 feet of Lot Y of replat of Lot B-2 in the SW 1/4 of the NE 1/4, S14, T92N, R52W of the 5th PM, City of Vermillion, Clay County, South Dakota. In exchange, the City shall transfer to Clay Union a portion of its assigned service territory described as: Lot 2, Block 1, Deyonge addition to the City of Vermillion, Clay County, South Dakota.
TODAY, shall the Commission approve the Proposal to Change the Assigned Service Area Due to Annexation? AND, shall the Commission approve the Proposed Joint Territory Boundary Change?
2. EL03-012 In the Matter of the Request for an Electric Service Rights Exception between Black Hills Power and West River Electric Association, Inc. (Staff Analyst: Michele Farris, Staff Attorney: Kelly Frazier)
On March 21, 2003, Black Hills Power (BHP) and West River Electric Association (WREA) submitted a joint request to the South Dakota Public Utilities Commission for approval of an Electric Service Rights Exception. The request would allow WREA to provide electrical service to three signs owned by Epic Outdoor Advertising adjacent to I-90, located in BHP's service territory. The signs are located in Sections 16 and 21, T2N, R7E, Pennington County.
TODAY, shall the Commission grant the Service Rights Exception?
3. EL03-013 In the Matter of the Joint Request for an Electric Service Territory Boundary Change between e Electric Cooperative, Inc. and Black Hills Power. (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)
On March 28, 2003, e Electric Cooperative and Black Hills Power submitted a joint request to the South Dakota Public Utilities Commission for approval of the relocation of an electric service territory boundary located in Section 6, Township 5 North, Range 5 East, Black Hills Meridian, Meade County, South Dakota. The specific impacted properties include the western most portion of Lot 1A, and Lot 1B revised in the Sturgis Industrial Park Subdivision.
TODAY, shall the Commission approve the proposed Joint Territory boundary change?
1. TC03-056 In the Matter of the Application of Entrix Telecom, Inc. for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota. (Staff Analyst: Bonnie Bjork, Staff Attorney: Karen Cremer)
Entrix Telecom, Inc. has filed an application for a Certificate of Authority to provide intrastate interexchange telecommunications services in South Dakota. The applicant intends to provide resold interexchange services, including pre-paid Toll-Free and local access calling cards and directory assistance throughout South Dakota.
TODAY, shall the Commission grant the Certificate of Authority to Entrix Telecom, Inc.?
On March 14, 2003, pursuant to SDCL 49-31-3.2 and ARSD 20:10:24:11 Qwest Corporation filed with the Public Utilities Commission a request to reclassify local exchange and other related services as fully competitive in all Qwest exchanges in South Dakota. On March 26, 2003, Black Hills FiberCom, LLC filed a Petition for Leave to Intervene. Northern Valley Communications, LLC filed a Petition to Intervene on March 28, 2003. Midcontinent Communications filed a Petition to Intervene on April 2, 2003. PrairieWave Telecommunications, Inc. and PrairieWave Community Telephone, Inc. filed a Petition to Intervene on April 3, 2003. On April 4, 2003, Midstate Telecom, Inc., the South Dakota Telecommunication Association, and WorldCom each filed a Petition to Intervene.
TODAY, shall the Commission grant intervention to the parties that have intervened?
3. TC03-062 In the Matter of the Filing by Winstar Communications, LLC for Approval of Relief of Certification Requirement to Post Surety Bond. (Staff Analyst: Keith Senger, Staff Attorney: Kelly Frazier)
In an Order dated May 16, 2002, the Commission granted Winstar Communications, LLC (Winstar) authority to provide interexchange telecommunications services in South Dakota, subject to a continuous $25,000 surety bond. On March 28, 2003, the Commission received a filing from Winstar requesting relief from the Commission's bond requirement.
TODAY, shall the Commission grant the Request for Relief of Certification Requirement to Post Surety Bond?
4. In The Matter of Staff's Motion For the Commission To Issue An Order To Show Cause to OCMC, Inc. (Staff Attorney: Kelly Frazier)
On March 28, 2003 staff filed a motion requesting that the Commission issue an Order To Show Cause to OCMC, Inc. d/b/a One Call Communications, Inc., OPTICOM, AdvantTel, LiveTel, SuperTel, RegionalTel, and 1-800-MAX-SAVE (Opticom). Staff is requesting that the Commission issue an Order To Show Cause to hear arguments from staff and the company on whether the Commission shall commence proceedings in accordance with ARSD 20:10:24:04.04. Staff is seeking a suspension or revocation of the certificate of authority transferred to Opticom in TC02- 046. According to the motion, Opticom, inter alia, has failed to provide consumers the ability to determine rates in advance of accepting collect phone calls in violation of its tariff and failed to update its tariff pursuant to a Commission Order. The motion also alleges that Opticom, by using numbers such as 1-800-CALL-AAT and 1-800-COOLECT, is attempting to take advantage of mistakes by consumers attempting to use other collect phone call services and is billing rates that could exceed $30 for a one-minute call.
TODAY, shall the Commission Issue an Order to Show Cause to OCMC, Inc.?
1. The next regularly scheduled Commission meeting will be held May 6, 2003, at 9:30 a.m., in Room 412 of the Capitol Building.
2. A hearing in docket CE03-002 is scheduled for April 15, 2003, at 1:30 p.m. in Room 412 of the Capitol Building.
3. Commissioners and Staff will be in Washington, DC April 27 - 30, 2003, for a National Association of Regulatory Utility Commission meeting.
4. A hearing in docket NG02-011 is scheduled for May 7 and 8, 2003, at 9:00 a.m. in Room 412 of the Capitol Building.
5. Commission meetings are scheduled for June 3 and June 17, 2003.
Heather K. Forney
Deputy Executive Director
April 8, 2003