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South Dakota Public Utilities Commission Meeting
Tuesday, May 30, 2000; 1:30 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 Charlene Lund, Dave Jacobson, Harlan Best, Heather Forney, Keith Senger, Leni Healy, Martin Bettmann and Michele Farris; and Administrative Secretary Mary Giddings.
Also present were Bob Miller, South Dakota Electric Utility Companies; Kyle White and Don Martinez, Black Hills Power & Light; Darla Pollman Rogers, Citizens Utilities Company; Bob Riter, Tele-Tech, Inc.; Todd J. Guerrero and Darlene Mandelke, Otter Tail Power Company; and Lori Grode, court reporter.
Joining the meeting by phone were Bonnie Lowe, Murray Construction; Mary Lohnes and Tom Simmons, Midco Communications; Jerry Noonan, Tele-Tech, Inc. and Long Line, Inc.; Phil Roselli, Barb Allgaier, Colleen Sevold, and Alex Duarte, U S WEST; Michele Singer Nelson, Jerry Campbell and Sandy Hofstetter, AT&T; Mark Ayotte, Rural Cellular Corporation, Midwest Wireless Communications, and Switch 2000; Tracy Thorne, State of South Dakota; and Andrew Jones, Sprint.
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On May 17, 2000. (Staff: Mary Giddings.)
Commissioner Nelson moved to approve the minutes of the meeting held on May 17, 2000. Commissioner Schoenfelder 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 inquiries and complaints received since the last Commission meeting.
2. CT99-006 IN THE MATTER OF THE COMPLAINT OF TELE-TECH, INC. AND LONG LINE, INC. OF SIOUX FALLS, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. CONCERNING OVERCHARGES FOR TELECOMMUNICATIONS SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Karen Cremer.)
Commissioner Nelson moved to deny U S WEST's Motion to Strike. She further moved to find that U S WEST did not commit an unlawful or unreasonable act, rate, practice, or omission in its billing of feature group A lines to Tele-Tech and Long Lines. Commissioner Nelson believes that the Complainants have failed to show that they properly requested that the feature group A lines be disconnected. U S WEST dedicated the lines to the Complainants, making them unavailable for use by other customers. Moreover, the charges for the lines were listed on each of the monthly bills. Since the Complainants were telecommunications companies, their representatives were certainly capable of reading the bills in order to determine what services were being provided by US WEST. With respect to the six lines that were not disconnected in October of 1994, she recommended that the Commission make no findings since U S WEST has already issued a check as a refund for payments made by Complainants for those lines. Chairman Burg seconded. Commissioner Schoenfelder joined in the motion to deny U S WEST's Motion to Strike. Motion passed 3-0. Commissioner Schoenfelder dissented on the rest of the motion. Motion passed 2-1.
Ms. Cremer noted that the matter had been settled and recommended dismissing the complaint and closing the docket.
Commissioner Nelson moved to dismiss the complaint and close the docket. Chairman Burg seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Ms. Cremer noted that the matter had 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 passed 3-0.
Mr. Hoseck noted that the matter had 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 passed 3-0.
Ms. Cremer noted that the matter had 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 passed 3-0.
Ms. Cremer noted that she has been unable to reach Ms. Godfrey by telephone and has contacted her by letter. Ms. Singer Nelson, representing AT&T, explained its position on the complaint. She stated that the $1000 fine did not meet the time frame for that penalty and noted that the complainant had been reimbursed. Ms. Cremer recommended that AT&T's motion to dismiss be granted.
Chairman Burg moved to grant AT&T's Motion to Dismiss and he further moved to dismiss the complaint and close the docket. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Hoseck noted that the matter had 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 passed 3-0.
Telecommunications
Mr. Hoseck recommended approval of the first amendment to the interconnection agreement.
Chairman Burg moved to approve the first amendment to the interconnection agreement. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Hoseck recommended approval of the first amendment to the interconnection agreement.
Commissioner Nelson moved to approve the first amendment to the interconnection agreement. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Hoseck recommended approval of the first amendment to the interconnection agreement.
Commissioner Schoenfelder moved to approve the first amendment to the interconnection agreement. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Commissioner Nelson moved to approve the first amendment to the interconnection agreement. Commissioner Schoenfelder seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Forney recommended approval of the Certificate of Authority application with the bond requirements.
Commissioner Schoenfelder moved to grant a Certificate of Authority with the bond requirements to Adelphia Telecommunications, Inc. Commissioner Nelson seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Pollman Rogers, representing Citizens Communications, explained the request for the nonobjection statements.
Chairman Burg moved that the Commission find it does not object to the FCC granting study area waivers nor to any reconfiguration of study area boundaries involving the South Dakota portions of the Valentine, Nebraska and the Ortonville-Big Stone, Minnesota exchanges. Commissioner Schoenfelder seconded and Commissioner Nelson concurred. Motion passed
3-0.
Electric
After considerable discussion among the Commissioners, Staff and Otter Tail Power Company representatives Darlene Mandelke and Todd J. Guerrero, action was deferred until all contracts have been provided to the Commission.
Kyle White and Don Martinez, representing Black Hills Power and Light, explained the contract with deviations and requested an effective date of June 1, 2000. Mr. Jacobson recommended that the contract with deviations be approved and that a class cost of service study be filed in any future rate proceeding.
Chairman Burg moved to approve the contract with deviations and he further moved that a class cost of service study be filed in any future rate proceeding. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
Natural Gas
Ms. Lowe, representing Murray Construction, explained its request. Ms. Forney recommended that the master metering variance be approved.
Chairman Burg moved to approve the master metering variance. Commissioner Nelson seconded and Commissioner Schoenfelder concurred. Motion passed 3-0.
The meeting was adjourned.
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Mary R. Giddings
Administrative Secretary
