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South Dakota Public Utilities Commission Meeting
Thursday, April 27, 2000; 2:00 P.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 Dave Jacobson, Leni Healy, Charlene Lund, Michele Farris and Heather Forney; and Administrative Secretaries Shirleen Fugitt and Mary Giddings.

Also present were Jim Wilcox, Northern States Power; Dave Gerdes, Northern States Power, MCI Worldcom, and Midcontinent Communications; Bob Miller, South Dakota Electric Utility Companies; Bob Riter, Qwest Communication; Richard Coit, SDITC; and Lori Grode, court reporter.

Joining the meeting by phone were Tom Simmons and Mary Lohnes, Midco; Michele Singer Nelson and Doug Denney, AT&T; Jeff McKinney, Northwestern Public Service; Colleen Sevold and Alex Duarte, U S WEST; Marv Sorenson, Donna Collins, and Suzan Stewart, MidAmerican; and Rogena Harris, OLS.

Administration

1. Approval Of The Minutes Of The Two Commission Meetings Held On April 13, 2000. (Staff: Shirleen Fugitt.)

Commissioner Schoenfelder moved to approve the minutes of the meeting held on April 13, 2000. Chairman Burg seconded and Commissioner Nelson concurred. Motion carried 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 inquiries and complaints received since the last Commission meeting.

2. CT99-054 IN THE MATTER OF THE COMPLAINT FILED BY TOM AND CORLISS VERGELDT, ABERDEEN, SOUTH DAKOTA, AGAINST MCI WORLDCOM REGARDING SWITCHING RATES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

3. CT99-064 IN THE MATTER OF THE COMPLAINT FILED BY JANICE CATRON, MITCHELL, SOUTH DAKOTA, AGAINST QWEST COMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

4. CT99-084 IN THE MATTER OF THE COMPLAINT FILED BY RODNEY MICK ON BEHALF OF FARMERS UNION COOP ELEVATOR, KENNEBEC, SOUTH DAKOTA, AGAINST PREFERRED BILLING REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Mr. Hoseck noted that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

5. CT00-001 IN THE MATTER OF THE COMPLAINT FILED BY JEANETTE MOES, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended deferral. Action was deferred.

6. CT00-006 IN THE MATTER OF THE COMPLAINT FILED BY EARL AND PAULINE DEHOOGH, SIOUX FALLS, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

7. CT00-009 IN THE MATTER OF THE COMPLAINT FILED BY ELIZABETH A. EWALD, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING OF SERVICES THROUGH DECEPTIVE PRACTICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that the matter has been settled and recommended dismissing the complaint and closing the docket.

Commissioner Schoenfelder moved to dismiss the complaint and close the docket. Chairman Burg seconded and Commissioner Nelson concurred. Motion carried 3-0,

8. CT00-010 IN THE MATTER OF THE COMPLAINT FILED BY EDWARD C. FRITZ, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

9. CT00-029 IN THE MATTER OF THE COMPLAINT FILED BY JOHN AND JEANIE ENDRES, WATERTOWN, SOUTH DAKOTA, AGAINST AMERICA'S TELE-NETWORK CORP. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Mr. Hoseck noted that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

10. CT00-031 IN THE MATTER OF THE COMPLAINT FILED BY GUSTAVE ORLOSKE, HILL CITY, SOUTH DAKOTA, AGAINST ACCUTEL COMMUNICATIONS, INC. AND USBI REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Keith Senger. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that the matter has been settled and recommended dismissing the complaint
and closing the docket.

Commissioner Schoenfelder moved to dismiss the complaint and close the docket. Commission Nelson seconded and Chairman Burg concurred. Motion carried 3-0.

11. CT00-032 IN THE MATTER OF THE COMPLAINT FILED BY MARGIE GERTSEN, WATERTOWN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

12. CT00-036 IN THE MATTER OF THE COMPLAINT FILED BY FRED PRAHL ON BEHALF OF WINDOWS, INC., DESMET, SOUTH DAKOTA, AGAINST INACOM COMMUNICATIONS, INC. AND U S WEST COMMUNICATIONS, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

13. CT00-039 IN THE MATTER OF THE COMPLAINT FILED BY BYRON NOGELMEIER, PARKER, SOUTH DAKOTA, AGAINST EXCEL TELECOMMUNICATIONS, INC. REGARDING BILLING ISSUES. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

14. CT00-041 IN THE MATTER OF THE COMPLAINT FILED BY LAUER CAPITAL MANAGEMENT LTD., SIOUX FALLS, SOUTH DAKOTA, AGAINST MCLEODUSA TELECOMMUNICATIONS SERVICES, INC. REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

15. CT00-048 IN THE MATTER OF THE COMPLAINT FILED BY BOBBIE BURNHAM, SIOUX FALLS, SD, AGAINST MCLEODUSA, TELECOMMUNICATIONS SERVICES, INC. REGARDING A DELAY IN INSTALLATION OF SERVICES. (Staff Analyst: Charlene Lund. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

16. CT00-053 IN THE MATTER OF THE COMPLAINT FILED BY JAMES AND DARLEEN FRYE, VERMILLION, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE TACTICS. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer noted that the matter has been settled and recommended dismissing the complaint and closing the docket.

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

17. CT00-056 IN THE MATTER OF THE COMPLAINT FILED BY JEANETTE BRAUNSTEIN, ABERDEEN, SOUTH DAKOTA, AGAINST OLS, INC. REGARDING SWITCHING TELECOMMUNICATIONS SERVICES THROUGH DECEPTIVE PRACTICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended deferral. Action was deferred.

Electric

1. EL99-021 IN THE MATTER OF THE PETITION FILED BY NORTHERN STATES POWER COMPANY FOR APPROVAL OF THE INCLUSION OF FINANCIAL INCENTIVES IN ITS FUEL CLAUSE. (Staff Analyst: Heather Forney. Staff Attorney: Camron Hoseck.)

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

2. EL00-005 IN THE MATTER OF THE PETITION OF NORTHERN STATES POWER COMPANY FOR APPROVAL OF MODIFICATIONS TO THE CONTROLLED AIR CONDITIONING AND WATER HEATING RIDER. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Jim Wilcox, Northern States Power, addressed the issue. Staff Analyst Michele Farris recommended approval of the proposed tariff.

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

Natural Gas

1. NG00-003 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF TARIFF REVISIONS. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

Marv Sorenson, Donna Collins and Suzan Stewart, MidAmerican, answered questions from the Commissioners and Staff. Action was deferred.

Telecommunications

1. TC99-048 IN THE MATTER OF THE APPLICATION OF TELECOMMUNICATIONS RESOURCES, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Ms. Farris recommended that Telecommunications Resources, Inc. be allowed to withdraw its certificate of authority application.

Chairman Burg moved to allow withdrawal of the application. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion carried 3-0.

2. TC99-106 IN THE MATTER OF THE ESTABLISHMENT OF DIFFERENT RATES FOR INTERCONNECTION AND UNBUNDLED NETWORK ELEMENTS IN AT LEAST THREE GEOGRAPHIC AREAS. (Staff Analyst: Harlan Best. Staff Attorneys: Karen Cremer and Camron Hoseck.)

Commissioner Nelson moved to adopt US WEST's proposal for deaveraged rates. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion carried 3-0.

3. TC00-010 IN THE MATTER OF THE APPLICATION OF UKI COMMUNICATIONS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

Ms. Forney recommended approval. Certificate of Authority cannot be issued until May 17, 2000, due to 60-day rule.

Chairman Burg moved to grant the Certificate of Authority. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion carried 3-0.

4. TC00-011 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. OF A NOTICE OF INTENT TO FILE A 271 APPLICATION. (General Counsel: Rolayne Ailts Wiest.)
Chairman Burg moved to allow late filed comments by Midcontinent Communications. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion carried 3-0.

Chairman Burg moved to grant late filed intervention to New Edge Network. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion carried 3-0.

Commissioner Schoenfelder moved to grant U S WEST's motion to permit filing of reply comments. Commissioner Nelson seconded and Chairman Burg concurred. Motion carried 3-0.

5. TC00-014 IN THE MATTER OF THE APPLICATION OF COMM SOUTH COMPANIES, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICES IN SOUTH DAKOTA. (Staff Analyst: Keith Senger. Staff Attorney: Camron Hoseck.)

Mr. Hoseck recommended deferral. Action was deferred.

6. TC00-016 IN THE MATTER OF THE APPLICATION OF TELEDISTANCE, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Camron Hoseck.)

Mr. Hoseck recommended that withdrawal of AT&T's intervention be approved.

Chairman Burg moved to allow withdrawal of intervention. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion carried 3-0.

7. IN THE MATTER OF THE SURVEY OF SERVICE STANDARDS FOR TELECOMMUNICATIONS COMPANIES. (Staff Analyst: Harlan Best.)

Ms. Farris reported on responses to the survey.

The meeting was adjourned

Mary R. Giddings
Administrative Secretary