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South Dakota Public Utilities Commission Meeting
Tuesday, January 6, 2004 at 1:30 P.M.
State Capitol Building, Room 464
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 January 5, 2004.
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 December 16, 2003. (Staff: Tina Douglas.)
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff.)
Complainant is disputing late fees charged on balances due that are less than the amount of the security deposit that the Respondent has required him to post. The Complainant is requesting that the Commission prevent the Respondent from charging its customers that are required to post security deposits late fees and to refund all of the late fees that have been collected. On November 24, 2003, Black Hills Corporation filed an Answer and Motion to Dismiss. The Complainant filed a Petition to Amend Complaint, to Ask Sanction of Counsel for Abusive Conduct; to Add Complaint of Additional Violation of Commission Rules; and to Seek Additional Damages. The Complainant filed corrected pages to his Petition to Amend on November 26, 2003. On December 1, 2003, the Complainant filed a Request for Postponement of Hearing to Permit Discovery, a Request for Additional Sanction of Counsel, and a Claim for Additional Damages. The Complainant filed a Response to FiberCon's Answer and Motion to Dismiss. A ' regularly scheduled December 16, 2003, meeting, the Commission granted the Motion to Dismiss filed by Black Hills FiberCon and dismissed and closed the docket. The Complainant filed a Objection to Lack of Notice and Petition for Re-Hearing on December 24, 2003.
TODAY, shall the Commission grant the Complainant's Petition for Re-Hearing?
Electric
On June 16, 2003, TSP filed with the Commission, on behalf of the owner of the Western Mall, a request for a master meter variance request . The Western Mall is currently served by a central physical plant, which is nearing the end of its useful life and needs to be upgraded. The physical plant is currently served with a single electric meter. The owner is proposing individual roof top units for each of the tenants. Therefore, they are requesting a variance, in accordance with ARSD 20:10:26, to allow the continued use of a single master meter.
TODAY, shall the Commission grant the Master Metering Variance Request for the Western Mall?
Application by Otter Tail Power Company for approval to revise its tariffed Summary List of Contracts with Deviations. The existing contract with the City of Wilmot will expire on January 6, 2004. Otter Tail states the new agreement does not contain any deviations from Otter Tail's currently filed tariff and therefore requests that reference to a contract with the City of Wilmot be removed from the Summary List of Contracts with Deviations.
TODAY, shall the Commission approve the proposed tariff revisions for Otter Tail Power Company?
Application by Otter Tail Power Company for approval to revise its tariffed Summary List of Contracts with Deviations. The existing contract with the City of Castlewood will expire on January 15, 2004. Otter Tail states the new agreement does not contain any deviations from Otter Tail's currently filed tariff and therefore requests that reference to a contract with the City of Castlewood be removed from the Summary List of Contracts with Deviations
TODAY, shall the Commission approved the proposed tariff revisions for Otter Tail Power Company?
Gas and Electric
Application by Montana-Dakota Utilities Co. to revise its Customer Information Booklet by reorganizing content, updating information regarding utility issues and providing information regarding additional services now being offered. The filing includes proposed tariff revisions denoting the new booklet and also the pamphlet containing information pertinent to South Dakota customers.
TODAY, shall the Commission approve the revisions to the customer information booklet?
Telecommunications
On August 15, 2003, South Dakota Big Sky Telecom filed an application for a Certificate of Authority to provide telecommunications services in South Dakota. South Dakota Big Sky Telecom intends to provide resold local dial-up and long distance to both residential and business customers throughout the areas where Qwest provides service in South Dakota.
TODAY, shall the Commission approve the Certificate of Authority for Big Sky Telecom?
On August 25, 2003, IDT America, Corp filed an application for a Certificate of Authority to provide local telecommunications services in South Dakota. IDT America intends to provide facilities-based and resold local exchange telecommunications services statewide, except in those areas deemed rural and those areas of the state that are not open to competition.
TODAY, shall the Commission approve the Certificate of Authority for IDT America, Corp.?
On September 2, 2003, South Dakota Big Sky Telecom filed an application for a Certificate of Authority to provide Telecommunication Services in South Dakota. South Dakota Big Sky Telecom intends to provide resold long distance telecommunications services throughout South Dakota.
TODAY, shall the Commission approve the Certificate of Authority for Big Sky Telecom?
On October 29, 2003, the Commission received a filing for approval of an Amendment to an Interconnection Agreement between Qwest Corporation (Qwest) and Midcontinent Communications (Midcontinent). According to the parties, the Amendment is made in order to add UNE-P PAL language as set forth in Exhibits A and B, which were attached to the filing. The original Agreement was approved in Docket TC99-023, effective May 5, 1999.
TODAY, shall the Commission approve the Amendment to an Interconnection Agreement between Qwest Corporation and Midcontinent Communications?
Announcements
1. The next regularly scheduled Commission meeting will be held January 20, 2004, at 1:30 p.m., in Room 464, at Pierre, South Dakota.
2. Commission meetings are scheduled for February 17 and March 2, 2004.
3. Commissioners will be attending the MARC Commissioner Retreat in San Antonio, TX January 7 - 10, 2004.
4. The PUC offices will be closed January 19, 2004, in observance of Martin Luther King Jr.'s birthday.
______________________
Heather K. Forney
Deputy Executive Director
heather.forney@state.sd.us
December 30, 2003
