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South Dakota Public Utilities Commission Meeting
Tuesday, March 28, 2000; 9:30 A.M.
State Capitol Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Jim Burg called the meeting to order. Present were Commissioner Pam Nelson, Commissioner Laska Schoenfelder, Executive Director Bill Bullard, Commission Advisor Greg Rislov, Commission Counsel Rolayne Ailts Wiest, Deputy Executive Director Sue Cichos, Staff Attorneys Karen Cremer and Camron Hoseck, Utility Analysts Harlan Best, Dave Jacobson, Michele Farris, Keith Senger and Heather Forney, Engineer Martin Bettmann, Consumer Affairs Director Leni Healy, Consumer Representatives Charlene Lund and Mary Healy and Administrative Secretary Shirleen Fugitt.
Also present were John L. Brown, Qwest Communications; Bob Miller, South Dakota Electric Utility Companies; Tom Hitchcock, Russell Molstad and Jeff Decker, NorthWestern Public Service; Chet Brokaw, Associated Press; Greg Dean, SDITC; and Lori Grode, Pierre Court Reporting.
Joining the meeting by phone were Marissa Repp, Teledistance, Inc.; Michele Singer Nelson, AT&T; Mary Lohnes, Midco Communications; Colleen Sevold, Alex Duarte and Tom Welk, U S WEST; Marv Sorenson, MidAmerican Energy; Kirk Salzmann, OLS; Barb Berkenpas, McLeod USA; Andrew Jones, Sprint; and complainants Bobbie Burnham, Doris Olson and Julie Roesler.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On March 14, 2000. (Staff: Shirleen Fugitt.)
Commissioner Laska Schoenfelder moved to approve the minutes of the March 14, 2000, Commission meeting. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Staff Analyst: Leni Healy.)
Ms. Healy presented an update on consumer inquiries and complaints received since the last Commission meeting.
Andrew Jones, Sprint Communications, explained the request for the addition of Accutel as a party to the complaint. Ms. Cremer recommended that Accutel be added as a party to the complaint and a finding of probable cause against Accutel.
Chairman Burg moved that Accutel be added as a party to the complaint and that probable cause be found against Accutel. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Cremer reported that a settlement has been reached in this matter.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Cremer reported that a settlement has been reached in this matter.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer reported that a settlement has been reached.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer reported that a settlement has been reached in this matter.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Hoseck reported that a settlement has been reached in this matter.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Hoseck reported that a settlement has been reached and recommended the complaint be dismissed with prejudice.
Chairman Burg moved to dismiss the complaint with prejudice and close the docket. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Andrew Jones, Sprint Communications, explained the request for the addition of U S WEST and McLeod USA as parties to the complaint. Ms. Wiest recommended deferral. Action was deferred.
10. CT00-016 IN THE MATTER OF THE COMPLAINT FILED BY ANGELA L. BERGET, ABERDEEN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)
Ms. Cremer reported that a settlement has been reached in this matter.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Cremer reported that a settlement has been reached in this matter.
Commissioner Schoenfelder moved to dismiss the complaint and close the docket. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Farris reported that a settlement has been reached in this matter.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Hoseck reported that a settlement has been reached in this matter.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer reported that a settlement has been reached in this matter.
Commissioner Nelson moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Cremer reported that a settlement has been reached in this matter.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Cremer recommended a finding of probable cause. Kirk Salzmann, OLS, did not object.
Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Doris Olson explained her complaint against OLS. Ms. Cremer recommended a finding of probable cause. Kirk Salzmann, OLS, did not object.
Chairman Burg moved to find probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Cremer recommended a finding of probable cause. Kirk Salzmann, OLS, did not object.
Commissioner Schoenfelder moved to find probable cause. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Natural Gas
Action was deferred.
Telecommunications
Chairman Burg moved to deny AT&T's Motion to Compel Discovery. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0. Ms. Wiest asked the parties if they want further hearings. U S WEST will respond by Friday, March 31. Ms. Wiest proposed the following procedural schedule: Hearing on April 5 or 6, if requested; Simultaneous initial briefs due April 11; Simultaneous re al briefs due April 18.
Bobbie Burnham explained her complaint against McLeodUSA. Barb Berkenpas, McLeodUSA, addressed the complaint and noted that the company has reimbursed Ms. Burnham for cellular charges incurred during the delay in getting service. Ms. Lund gave further explanation of the complaint.
Chairman Burg moved to find probable cause. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Forney requested deferral. Action was deferred.
Mr. Senger recommended granting withdrawal of this application.
Chairman Burg moved to grant withdrawal of the application. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Mr. Senger explained the application and recommended approval with the waiver of ARSD 20:10:24:02(8) and bond requirements.
Commissioner Schoenfelder moved to approve the application with the waiver of ARSD 20:10:24:02(8) and bond requirements. Chairman Burg seconded and Commissioner Nelson concurred. Motion passed 3-0.
U S WEST noted no objection to granting intervention to Telecommunications Resellers Association, McLeodUSA, AT&T, Midcontinent Communications, Black Hills Fibercom and Sprint.
Commissioner Schoenfelder moved to grant intervention to the six parties listed above. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Marissa Repp, Teledistance, Inc., explained the application and noted objection to AT&T's request for intervention. Michele Singer Nelson spoke in support of AT&T's request. Mr. Hoseck spoke in opposition to AT&T's request. Ms. Wiest recommended granting the intervention to AT&T.
Chairman Burg moved to grant intervention to AT&T. Commissioner Nelson seconded. Commissioner Schoenfelder dissented. Motion passed 2-1.
The meeting was adjourned.
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Shirleen Fugitt
Administrative Secretary
