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PUBLIC UTILITIES COMMISSION MEETING
October 9, 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. Present were Commissioner Pam Nelson, Commissioner Laska Schoenfelder, 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, Business Manager Sue Cichos, Engineer Martin Bettmann, Consumer Representative Leni Healy and Administrative Secretary Terry Norum.

Also present was Rich Coit, SDITC.

Joining the meeting by phone were Robert Marmet, Dakota Telecommunications Group; Tom Simmons and Mary Lohnes, Midco Communications; Jeff Decker and Tom Hitchcock, Northwestern Public Service; Michele Engle, AT&T; Colleen Sevold and Jon Lehner, U S WEST; Darrell Henderson, Stateline Telecommunications, Inc.; and Randall Macy, Attorney for Stateline Telecommunications, Inc.

Administration

1. Approval Of The Minutes Of The Commission Meeting Held On September 25, 1997. (Staff: Terry Norum.)

Commissioner Nelson moved to approve the minutes of the Commission Meeting held on September 25, 1997. 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.

Electricity

1. EL97-014 - IN THE MATTER OF THE FILING BY NORTHWESTERN PUBLIC SERVICE COMPANY FOR TARIFF REVISIONS. (Staff Analyst: Steve Wegman. Staff Attorney: Camron Hoseck.)

Deferred to October 28, 1997, Commission meeting.

Natural Gas

1. NG97-005 - IN THE MATTER OF THE COMPLAINT FILED BY TODD SCHAUFENBUEL, HURON, SD, AGAINST NORTHWESTERN PUBLIC SERVICE REGARDING HEAT BILLS. (Consumer Representative: Leni Healy. Staff Attorney: Camron Hoseck.)

Ms. Healy indicated that a resolution has been reached.

Commissioner Schoenfelder moved to close the docket. Commissioner Burg seconded and Chairman Nelson concurred. Motion passed 3-0.

Telecommunications

1. TC97-048 - IN THE MATTER OF THE APPLICATION OF ASSOCIATED NETWORK PARTNERS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Staff Attorney: Camron Hoseck.)

Mr. Jacobson recommended approval of the application.

Commissioner Nelson moved to approve the application. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

2. TC97-107 - IN THE MATTER OF THE COMPLAINT FILED BY KATHY ROTTENBUCHER, NEWELL, SD, AGAINST STATELINE TELECOMMUNICATIONS, INC. REGARDING UNPUBLISHED ADDRESS. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Wiest recommended denial of Stateline's request for dismissal of the complaint.

Chairman Burg moved to deny dismissal of the complaint. Commissioner Schoenfelder seconded and Commissioner Burg concurred. Motion passed 3-0.

3. TC97-110 - IN THE MATTER OF THE APPLICATION OF WORLDCOM TECHNOLOGIES, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

Mr. Jacobson recommended approval of the application contingent on receipt of bond and surrender of previously granted certificates of authority granted to MFS Intelinet and World Com, Inc.

Commissioner Nelson moved to approve the application with conditions recommended by staff. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

4. TC97-127 - IN THE MATTER OF THE APPLICATION OF TELCO HOLDINGS, INC. D/B/A DIAL & SAVE FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Staff Attorney: Camron Hoseck.)

Mr. Jacobson recommended approval of the application.

Commissioner Schoenfelder moved to approve the application. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

5. TC97-129 - IN THE MATTER OF THE APPLICATION OF TELCO HOLDINGS, INC. D/B/A DIAL & SAVE FOR A CERTIFICATE OF AUTHORITY TO PROVIDE RESOLD LOCAL EXCHANGE SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Staff Attorney: Camron Hoseck.)

Mr. Jacobson recommended approval of the application with waivers of 20:10:24:02(6)(8) and (12) Rural Safeguards be incorporated and the old Certificate of Authority be returned to the Commission.

Commissioner Schoenfelder moved to approve the application recommendations with the conditions recommended by staff. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.

6. TC97-144 - IN THE MATTER OF THE APPLICATION OF USN COMMUNICATIONS LONG DISTANCE, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

Mr. Jacobson recommended approval of the application with restrictions on prepaid cards, deposits and advanced payments.

Commissioner Nelson moved to approve the application with the conditions recommended by staff. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.

7. TC97-148 - IN THE MATTER OF THE APPLICATION OF INTELNET SERVICES OF NORTH AMERICA, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Karen Cremer.)

Deferred due to mix up in agenda language.

8. IN THE MATTER OF EXCESSIVE CONSUMER COMPLAINTS AGAINST TELEC, INC. FOR THE UNAUTHORIZED SWITCHING OF LONG DISTANCE SERVICE. (Consumer Representative: Leni Healy.)

Ms. Healy explained that there were 40 complaints a month ago and that there are 112 as of today. The company has resolved 97 of the complaints. The requested information was provided to the Commission. The Commission will request that the company contact the 383 customers in writing to confirm their choice to use Telec, as their long distances service.

9. IN THE MATTER OF EXCESSIVE CONSUMER COMPLAINTS AGAINST DIALTEK, L.P. AND CHILDREN'S RIGHTS OF AMERICA FOR DECEPTIVE PRACTICES. (Consumer Representative: Leni Healy.)

Ms. Healy gave an update on this issue.

The meeting was adjourned.

_______________________________
Terry Norum
Administrative Secretary
October 23, 1997