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South Dakota Public Utilities Commission Meeting
Tuesday, August 9, 2005, at 10:30 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 August 8, 2005.
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.
ADDENDUM TO THE AGENDA OF
THE COMMISSION MEETING
1. CT05-004 In the Matter of the Complaint filed by Eldon Lindquist on behalf of Pierre Radio Paging & Telephone, Pierre, South Dakota, against Venture Communications Cooperative, Inc. f/k/a Sully Buttes Telephone Cooperative, Inc. Regarding a Billing Dispute. (Staff Analysts: Keith Senger/Jim Mehlhaff, Staff Attorney: Sara Greff)
On April 14, 2005, Eldon Lindquist, representing Pierre Radio Paging & Telephone, filed a formal complaint against Venture Communications Cooperative, Inc. f/k/a Sully Buttes Telephone Cooperative, Inc. (Venture). Complainant claims that he has been seeking reimbursement for payments that according to an FCC decision were unlawfully collected from his company by the respondent. Complainant seeks to have the Public Utilities Commission help him resolve this matter by determining if the respondent made reasonable attempts to resolve this matter and reviewing the overcharges and helping to determine a fair settlement. On May 4, 2005, Venture filed a Motion to Dismiss or Alternatively Motion to Strike. At its regular meeting on July 28, 2005, the Commission heard oral argument from the parties and their counsel on Venture's motion and deferred action.
TODAY, how shall the Commission Rule on the Motion?
On May 31, 2005, the Local Exchange Carriers Association (LECA) and its members filed a request for a waiver from ARSD 20:10:27:14 which requires companies filing access cost studies to use a historic test year. More specifically, LECA and its members are requesting they be allowed to file using projected minutes of use instead of historic minutes of use. On June 21, 2005, the Commission received a Motion to Accept AT&T's Late-Filed Petition for Intervention of AT&T Communications of Midwest, Inc. and a Petition for Intervention of AT&T Communications of Midwest, Inc. The Commission granted intervention to AT&T at its June 28, 2005, meeting. On June 27, 2005, Midcontinent Communications (Midcontinent) filed a Petition for Intervention. The Commission granted intervention to Midcontinent at its July 12, 2005, meeting. On August 4, 2005, LECA filed a Motion to Withdraw and a supporting Stipulation.
TODAY, shall the Commission Grant the Motion to Withdraw?
Heather K. Forney
Deputy Executive Director
August 2, 2005