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See NOTICE OF SCHEDULE CHANGE - The Commission meeting which had been scheduled for Tuesday, July 15 at 1:30 p.m. has been changed to Tuesday, July 15 at 9:30 a.m. in Room 412 of the State Capitol.
South Dakota Public Utilities Commission Meeting
Tuesday, July 15, 2003 at 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 July 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 Ad Hoc Meetings Held on June 13, 2003, June 23, 2003, July 7, 2003, and July 9, 2003, and the Commission Meetings Held on June 24, 2003, and July 1, 2003. (Staff: Tina Douglas.)
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff.)
2. CT02-017 In the Matter of the Complaint filed by Quality Inn, Rapid City, South Dakota, against McLeodUSA Telecommunications Services, Inc. Regarding Failure to Provide Service. (Staff Analyst: Jim Mehlhaff, Staff Attorney: Karen Cremer)
Complainant states that in July 2000, it agreed to switch its business service from Qwest to McLeod. On July 19, 2000, at approximately 3:00 a.m. Complainant found that it had no telephone service because McLeod did not have the same switch date as Qwest. Qwest restored Complainant's service at approximately 12:00 p.m. on July 19th. The Complainant's service was then scheduled to switch to McLeod on August 15, 2000. At approximately 6:00 a.m. Qwest disconnected Complainant's service he service was not connected with McLeod. Qwest restored Complainant's service at approximately 9:00 p.m. Complainant then met with Larry Selensky, McLeod Representative, to discuss the problem. Larry stated that the Complainant would receive a $3,000.00 credit for all of its trouble and assured the Complainant that the switch scheduled on December 8, 2000 would go smoothly. On November 30, 2000, Complainant's service was disconnected by Qwest at 10:30 a.m. When McLeod was unable to connect service, Qwest restored the Complainant's service on December 1, 2000, at approximately 3:00 p.m. Complainant's service was never switched to McLeod. Complainant requests that it be reimbursed for vendor bills, employee wages and lost revenue in the amount of $5,949.01.
TODAY, if the matter is resolved shall the Commission dismiss the complaint and close the docket?
1. EL03-021 In the Matter of the Filing for Approval of a Consent and Agreement for Electric Service in Assigned Territory of Another Electric Supplier between NorthWestern Energy and Dakota Energy Cooperative, Inc. (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)
On June 16, 2003, NorthWestern Energy and Dakota Energy Cooperative filed a joint petition requesting approval for the release of assigned territorial rights from Dakota Energy Cooperative to NorthWestern Energy. Dakota Energy consents to NorthWestern providing service up to a maximum of 5 kW to a camper site and seasonal cabin with a maximum of 676 square feet to be used by Larry Picek or subsequent occupant and located at the following described property: the East Half (E 1/2) of the South Half (S 1/2) of the North Half (N 1/2) of the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4) of Section 24, Township 111N, Range 62W of the 5th Principal Meridian, Beadle County, South Dakota, except Lot H-2. The territory involved in this request is located along SD Highway 37 approximately one mile North of the City of Huron.
TODAY, shall the Commission approve the Consent and Agreement for Electric Service in Assigned Territory of Another Electric Supplier?
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 April 15, 2003, intervention was granted to Black Hills FiberCom, LLC, Northern Valley Communications, LLC, Midcontinent Communications, PrairieWave Telecommunications, Inc., PrairieWave Community Telephone, Inc., Midstate Telecom, Inc., the South Dakota Telecommunication Association, and WorldCom. On May 22, 2003, Qwest filed its Motion to Apportion Deposit. On June 24, 2003, Qwest filed a Motion to Compel Discovery and a Motion to Reduce Time to Respond to Discovery. On June 26, 2003, PrairieWave filed a Motion for a Protective Order from the discovery sought by Qwest in its Motion to Compel. Intervenor Black Hills FiberCom, LLC filed a Response to Qwest Corporation's Motion to Compel Discovery and Motion for Protective Order on June 30, 2003. Midcontinent Communications filed a Motion for a Protective Order on July 1, 2003. Qwest's Motion to Reduce Time to Respond to Discovery was granted on July 1, 2003. Midstate Telecom, Inc. and Northern Valley Communications, LLC filed Motions for Protective Order on July 3, 2003. PrairieWave Telecommunications, Inc. filed a Motion to Dismiss on July 3, 2003. On July 8, 2003, Midcontinent Communications filed a Second Motion for a Protective Order.
TODAY, shall the Commission grant PrairieWave's Motion to Dismiss? AND, shall the Commission grant Midcontinent Communications' Second Motion for a Protective Order?
2. TC03-091 In the Matter of the Filing for Approval of an Amendment to an Interconnection Agreement between Qwest Corporation and McLeodUSA Telecommunications Services, Inc. (Staff Attorney: Kelly Frazier)
On June 6, 2003, the Commission received a Filing for Approval of a Performance Assurance Plan Amendment ("PAP") to an Interconnection Agreement between Qwest Corporation (Qwest) and McLeodUSA Telecommunications Services, Inc. (McLeod). According to the parties, this is an amendment to an original Agreement approved by the Commission on July 23, 1999, in Docket TC99-057. The PAP, as approved by the Commission, and the Performance Indicator Definitions ("PIDS"), are included as Exhibit B to the Commission approved Statement of Generally Acceptable Terms and Conditions, and are incorporated into the Amendment by reference as Attachments 1 and 2, respectively.
TODAY, shall the Commission approve the Amendment to the Agreement between Qwest Corporation and McLeodUSA Telecommunications Services, Inc.?
On June 13, 2003, Qwest Corporation filed a revision to its South Dakota Exchange and Network Services Tariff. These revisions increase the Federal Telephone Lifeline Plan Credit from $7.75 to $8.25.
TODAY, shall the Commission approve Qwest Corporation's Revisions to its Exchange and Network Services Tariff?
4. TC03-096 In the Matter of the Filing for Approval of a Reciprocal Transport and Termination Agreement between PrairieWave Telecommunications, Inc. and WWC License L.L.C. (Staff Attorney: Kelly Frazier)
On June 18, 2003, the Commission received a Filing for Approval of a Reciprocal Transport and Termination Agreement between PrairieWave Telecommunications, Inc. and WWC License L.L.C. (WWC). According to the parties, if WWC elects to replace the existing form of indirect interconnection with a two-way or one-way direct connection, the parties agree to negotiate a separate interconnection agreement related to the provision and compensation for such facilities.
TODAY, shall the Commission approve the Reciprocal Transport and Termination Agreement?
1. In the Matter of the Consideration and Adoption of Administrative Rules to Establish the Operation of the South Dakota Do Not Call Register. (Staff Analyst: Bonnie Bjork)
On March 21, 2003, Governor M. Michael Rounds signed into law Senate Bill 41 establishing the South Dakota Do Not Call Register to become effective July 1, 2003. SDCL ' 49-31-99 provides for the Commission to promulgate rules, pursuant to Chapter 1-26, concerning procedures and requirements regarding the implementation of a register, setting of fees for purchase of the register, form of the application, requirements for acquiring a copy of the register, requirements for enrollment on and removal from the register, procedures for maintaining a register, setting of fees to enroll or renew enrollment on the register, procedures for operating the register, standards concerning the use of register, and application of civil fees. Commission Staff submitted its proposed rules to the Commission on May 16, 2003. A duly noticed hearing was held on this matter on July 1, 2003. Following the hearing, the Commission recommended amending the proposed rules.
TODAY, shall the Commission approve the proposed rules as amended?
1. The next regularly scheduled Commission meeting will be held August 4, 2003, at 1:30 p.m., in Room 412 of the Capitol Building.
2. Commission meetings are scheduled for August 19, and September 2, 2003.
3. A hearing in docket TC03-057 is scheduled for August 12, 13, 14, and 15, 2003, at 9:00 a.m. in Room 412 of the Capitol Building.
4. A hearing in docket TC01-098 is scheduled for September 16, 17, 18, 19, 22, 23, 24, 25, and 26, 2003, at 1:30 p.m. in Room 412 of the Capitol Building.
Heather K. Forney
Deputy Executive Director
July 9, 2003