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PUBLIC UTILITIES COMMISSION MEETING
June 3, 1997; 10:00 A.M.
State Capitol Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Burg called the meeting to order at 10:00 a.m. Present were Commissioner Laska Schoenfelder, Commissioner Pam Nelson, Executive Director Bill Bullard, General Counsel Rolayne Ailts Wiest, Staff Attorneys Karen Cremer and Camron Hoseck, Fixed Utilities Division Director Greg Rislov, Telecommunications Analyst Harlan Best, Utility Analysts Bob Knadle, Dave Jacobson, Steve Wegman and Tammi Stangohr, Engineer Martin Bettmann, Consumer Representative Leni Healy, Business Manager Sue Cichos, Legal Intern Tricia Zimmer and Administrative Secretary Shirleen Fugitt.
Also present were Brent Wilbur representing Northern Border Pipeline, Dave Gerdes, MCI; Doug Eidahl, SDREA; Rich Coit, SDITC; and Bob Mercer, Rapid City Journal.
Joining the meeting by phone were Mary Lohnes and Tom Simmons, Midco Communications; Robert Marmet and Tom Hertz, DCT; Loren Hiatt, Michele Engel and Glenn Solomon, AT&T; Bill Heaston, Jon Lehner and Colleen Sevold, U S WEST; Don Lowe, Sprint Communications; and Brad Van Leur and Neil Schmid, FirsTel.
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On May 13, May 14, May 21 and May 28, 1997. (Staff: Shirleen Fugitt.)
Commissioner Nelson moved to approve the four sets of minutes listed above. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Consumer Affairs
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Representative: Leni Healy.)
Ms. Healy presented an update on consumer inquiries and complaints received since the last Commission meeting.
Natural Gas
Mr. Bettmann recommended granting the request by Northern Border Pipeline to construct Compressor Station No. 11 in Deuel County, South Dakota.
Commissioner Schoenfelder moved to allow Northern Border Pipeline to construct Compressor Station No. 11. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Telecommunications
1. TC96-193 IN THE MATTER OF THE APPLICATION OF VENDORMATIC, INC. D/B/A/HSS VENDING DISTRIBUTORS FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Karen Cremer.)
Ms. Stangohr noted that the company had been doing business without a Certificate of Authority in South Dakota and reported that the Company had failed to resond to her data requests. She recommended denial of the application.
Commissioner Schoenfelder moved to deny the application and requested that Staff continue to investigate the matter. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
2. TC96-195 IN THE MATTER OF THE APPLICATION OF BRYMAR, INC. D/B/A GERLACH COMMUNICATIONS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Camron Hoseck.)
Ms. Stangohr reported that the company has requested withdrawal of this application.
Commissioner Nelson moved to allow the withdrawal of this application. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Glenn Solomon explained AT&T's motion to reopen the record. Bill Heaston stated that U S WEST objects to the reopening of the record. Ms. Cremer recommended that AT&T's motion be denied.
Commissioner Nelson moved to deny AT&T's motion to reopen the record. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer recommended approval of the new optional dialing capability requested by U S WEST.
Commissioner Nelson moved to approve the new otional dialing capability. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Stangohr recommended granting the waiver to ARSD 20:10:24:02 (6), (7), (9) and (12) and approval of the amended Certificate of Authority.
Commissioner Schoenfelder moved to grant the waiver and approve the amended Certificate of Authority. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Following discussion on whether or not this matter should go to hearing, Ms. Wiest recommended directing the executive director to set a procedural schedule. Chairman Burg then directed the executive director to set a procedural schedule in this matter.
Mr. Hoseck noted some concerns regarding language in the contract. The parties will negotiate further and submit an amended contract.
Ms. Stangohr recommended granting the waiver of ARSD 20:10:24:02 (7), (8), and (12) and granting a Certificate of Authority.
Chairman Burg moved to grant the waiver and a Certificate of Authority. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Jacobson recommended granting a waiver to ARSD 20:10:24:02 (8) and (12) and granting an amended Certificate of Authority.
Commissioner Nelson moved to grant the waiver and grant an amended Certificate of Authority. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Stangohr explained the application and recommended approval.
Commissioner Schoenfelder moved to approve the application. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Nelson moved to allow Sprint to withdraw its Petition for Arbitration. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Stangohr explained the application and recommended granting a waiver to ARSD 20:10:24:02: (6), (7), (8), and (12), and granting a Certificate of Authority with rural safeguards.
Commissioner Schoenfelder moved to grant the waiver and a Certificate of Authority with rural safeguards. Commissioner Nelson seconded and chairman Burg concurred. Motion passed 3-0.
Commissioner Nelson moved to grant intervention to MCI and AT&T. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Addendum
TC96-016 IN THE MATTER OF THE INVESTIGATION OF U S WEST COMUNICATIONS, INC. SERVICE QUALITY PERFORMANCE. (Staff Analyst: Greg Rislov. Staff Attorney: Rolayne Wiest.)
Ms. Wiest recommended consolidation of TC97-016 and TC97-049.
Commissioner Nelson moved to consolidate TC97-016 and TC97-049. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Dave Gerdes addressed MCI's late-filed intervention.
Commissioner Schoenfelder moved to grant intervention to TRA, SDITC, and AT&T, and late-filed intervention to MCI. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
The meeting was adjourned.
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Shirleen Fugitt
Administrative Secretary
