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South Dakota Public Utilities Commission Meeting
Thursday, March 11, 1999; 1:30 P.M.
State Capitol Building, Room 412
Pierre, South Dakota

MINUTES OF THE AD HOC MEETING

Chairman Jim Burg called the meeting to order. Present were Commissioner Pam Nelson, Commissioner Laska Schoenfelder, Executive Director Bill Bullard, Deputy Executive Director Sue Cichos, Commission Advisor Greg Rislov, General Counsel Rolayne Ailts Wiest, Staff Attorneys Karen Cremer and Camron Hoseck, Telecommunications Analyst Harlan Best, Utility Analysts Bob Knadle, Dave Jacobson, Michele Farris and Keith Senger, Consumer Representative Leni Healy and Administrative Secretary Shirleen Fugitt.

Also present were Colleen Sevold and Tom Welk, U S WEST Communications; Travis Jones, FirsTel; and Lori Grode, Pierre Court Reporting.

Joining the meeting by phone were Mary Lohnes, Midco Communications; Neil Schmid, FirsTel; Don Ball, Montana-Dakota Utilities; and Todd Epp, Basec.Net.

Natural Gas

1. NG98-012 IN THE MATTER OF THE APPLICATION OF MONTANA-DAKOTA UTILITIES CO. FOR APPROVAL OF REVISIONS TO ELLSWORTH AIR FORCE BASE, RATE 64. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

Chairman Burg moved that Montana-Dakota Utilities should refile the Rate 64 tariff with a separate section noting that the sales commodity rate does not include the gas management charges, and that gas management charges are an additional assessment. Chairman Burg further moved that the tariff should also note that the gas management per dk charge is a negotiable fee subject to Commission approval. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.

Telecommunications

1. TC98-187 IN THE MATTER OF THE PETITION FOR AN ORDER DIRECTING U S WEST COMMUNICATIONS, INC., TO FILE UPDATES TO ITS EXCHANGE AND NETWORK SERVICES CATALOG, ACCESS SERVICE CATALOG, ADVANCED COMMUNICATIONS SERVICES CATALOG, AND PRIVATE LINE TRANSPORT SERVICES CATALOG. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

Mr. Hoseck addressed Staff's motion to quash U S WEST's Deposition Subpoena and Subpoena to Produce Documents. Mr. Welk noted that U S WEST is satisfied that sufficient documents have been produced. Mr. Hoseck noted that he opposes a continuance. Ms. Wiest recommended that U S WEST be allowed to depose Harlan Best, that a new amended Order of Hearing be sent out and that a continuance be granted.

Chairman Burg moved to adopt Ms. Wiest's recommendations as noted above. Commissioner Schoenfelder seconded. Commissioner Nelson dissented. Motion passed 2-1.

2. TC98-194 IN THE MATTER OF THE COMPLAINT FILED BY BASEC.NET, HURON, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS AND FIRSTEL, INC. REGARDING BILLING ISSUES. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Wiest asked the parties if there were any objections to the Commission taking action on the Motion to Supplement Argument which was filed by FirsTel following the distribution of this Agenda. The parties had no objections. Travis Jones representing FirsTel spoke in support of the motion. Tom Welk, U S WEST, spoke in opposition to the motion. Ms. Wiest recommended granting the Motion to Supplement Argument.

Chairman Burg moved to grant the Motion to Supplement Argument. Motion died for lack of a second.

Commissioner Schoenfelder moved to deny the Motion to Supplement Argument. Commissioner Nelson seconded. Chairman Burg dissented. Motion passed 2-1.

Ms. Wiest recommended granting U S WEST's Motion to Dismiss Cross-Claim of FirsTel.

Commissioner Schoenfelder moved to dismiss cross-claim of FirsTel. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.

The meeting was adjourned.

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Shirleen Fugitt
Administrative Secretary