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South Dakota Public Utilities Commission Meeting
Wednesday, February 21, 2001; 2:30 P.M.
State Capitol Building, Room 468
Pierre, South Dakota

 

MINUTES OF THE COMMISSION MEETING

Chairman Jim Burg called the meeting to order. Present were Commissioner Pam Nelson; Executive Director Bill Bullard; Commission Advisor Greg Rislov; Commission Counsel Rolayne Ailts Wiest; Staff Attorneys Karen Cremer and Kelly Frazier; Utility Analysts Dave Jacobson, Harlan Best, Heather Forney, Keith Senger, Leni Healy, Martin Bettmann and Michele Farris; Assistant Executive Director Sue Cichos; and Administrative Secretary Mary Giddings.

Also present were Todd Chambers and John Brown, city of Pierre; Colleen Sevold, Qwest Corporation; Rich Coit, SDITC; Jim Wilcox, Xcel Energy; Bob Miller, SD Electric Utility Companies; and Kevin Kouba, Otter Tail Power Company.

Joining the meeting by telephone were Jeff Davis, Marv Sorensen and Gene Harrison, MidAmerican Energy.

Administration

1. Approval Of The Minutes Of The Commission Meeting Held On February 6, 2001. (Staff: Mary Giddings.)

Chairman Burg moved to approve the minutes of the February 6, 2001, Commission meeting. Commissioner Nelson seconded. Motion passed 2-0.

Consumer Issues

1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Leni Healy.)

Ms. Healy presented an update on inquiries and complaints received since the last regular Commission meeting.

2. TC98-183 IN THE MATTER OF THE COMPLAINT FILED BY SHERYL L. KLEIN, VALENTINE, NEBRASKA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING POOR SERVICE AND REQUEST TO HAVE LINES UPDATED. (Staff Analyst: Leni Healy.)

3. TC98-184 IN THE MATTER OF THE COMPLAINT FILED BY JOANN C. KLEIN, VALENTINE, NEBRASKA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING POOR SERVICE AND REQUEST TO HAVE LINES UPDATED. (Staff Analyst: Leni Healy.)

4. TC98-199 IN THE MATTER OF THE COMPLAINT FILED BY LAWRENCE KLEIN, VALENTINE, NEBRASKA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING POOR SERVICE AND REQUEST TO HAVE LINES UPDATED. (Staff Analyst: Leni Healy.)

5. TC98-212 IN THE MATTER OF THE COMPLAINT FILED BY MARGARET FIGERT, MISSION, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING POOR SERVICE AND REQUEST TO HAVE LINES UPDATED. (Staff Analyst: Leni Healy.)

Ms. Healy noted that service has been good and the complainants in dockets TC98-183, TC98-184, TC-98-199 and TC98-212 wish to dismiss the complaints. Ms. Farris stated that the sale has not closed and Qwest is still providing the service. In addition, Citizens still does not have a certificate of authority in South Dakota for the Valentine exchange. Staff is waiting the receipt of a tariff from Citizens. Commissioner Nelson requested that action be deferred. Action was deferred.

6. CT00-043 IN THE MATTER OF THE COMPLAINT FILED BY MARVIE TSCHETTER, HURON, SOUTH DAKOTA, AGAINST FIRSTEL, INC. REGARDING BILLING DISPUTE AND THE DELAYED RELEASE OF SERVICE. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)

Ms. Cremer recommended that the complaint be dismissed and the docket closed noting that the complainant's attorney had filed a letter stating that the matter was settled.

Commissioner Nelson moved to dismiss the complaint and close the docket. Chairman Burg seconded. Motion passed 2-0.

7. CT01-003 IN THE MATTER OF THE COMPLAINT FILED BY WALFRIDO AND DEBRA PAEZ, RAPID CITY, SOUTH DAKOTA, AGAINST AT&T COMMUNICATIONS OF THE MIDWEST, INC. REGARDING UNAUTHORIZED BILLING FOR SERVICES. (Staff Analyst: Leni Healy. Staff Attorney: Kelly Frazier.)

Ms. Healy noted that a tentative agreement has been reached by the complainants and AT&T Communications of the Midwest, Inc. and recommended that action be deferred. Action was deferred.

Electric

1. EL00-023 IN THE MATTER OF THE APPLICATION OF THE CITY OF PIERRE FOR A CONSTRUCTION PERMIT FOR 4.83 MILES OF 115KV ELECTRIC TRANSMISSION LINE IN HUGHES COUNTY, SOUTH DAKOTA. (Staff Analyst: Michele Farris. Staff Attorney: Karen Cremer.)

John Brown, representing the city of Pierre, explained that a stipulation had been reached. Ms. Farris recommended that the stipulation be approved.

Chairman Burg moved to approve the stipulation. Commissioner Nelson seconded. Motion passed 2-0.

2. EL01-002 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF TARIFF REVISIONS. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

Mr. Jacobson recommended that the tariff revisions be approved. Mr. Rislov complimented the revisions stating the clarifying language was the best he had seen.

Chairman Burg moved to approve the tariff revisions. Commissioner Nelson seconded. Motion passed 2-0.

Natural Gas

1. NG01-002 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF TARIFF REVISIONS. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

Mr. Rislov repeated the comments he had made for docket EL01-002. Mr. Jacobson recommended that the revisions be approved.

Chairman Burg moved to approve the tariff revisions. Commissioner Nelson seconded. Motion passed 2-0.

2. NG01-003 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF A REFUND PLAN FOR 2001 DISTRIBUTION OF KANSAS AD VALOREM TAX REFUND. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)

Marv Sorensen, representing MidAmerican Energy, explained the refund which comes from the amounts received from Northern Natural Gas Company as a result of the final resolution of Kansas Ad Valorem Tax proceedings. The total amount of the refund is $227,611 with an average refund of $2.45 for residential customers. Mr. Jacobson recommended that the refund plan be approved.

Commissioner Nelson moved to approve the refund plan. Chairman Burg seconded. Motion passed 2-0.

Telecommunications

1. TC01-003 IN THE MATTER OF THE FILING FOR APPROVAL OF A FOURTH AMENDMENT TO AN INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATION AND SPRINT COMMUNICATIONS COMPANY L.P. (Staff Attorney: Kelly Frazier.)

Mr. Frazier recommended that the amendment be approved.

Commissioner Nelson moved to approve the amendment to the interconnection agreement. Chairman Burg seconded. Motion passed 2-0.

2. TC01-006 IN THE MATTER OF THE FILING FOR APPROVAL OF A THIRD AMENDMENT TO AN INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATION AND SPRINT COMMUNICATIONS COMPANY, L.P. (Staff Attorney: Kelly D. Frazier.)

Mr. Frazier recommended that the amendment to the interconnection agreement be approved.

Commissioner Nelson moved to approve the amendment to the interconnection agreement. Chairman Burg seconded. Motion passed 2-0.

3. TC01-008 IN THE MATTER OF THE FILING FOR APPROVAL OF FIRST AND SECOND AMENDMENTS TO AN INTERCONNECTION AGREEMENT BETWEEN QWEST CORPORATION AND @LINK NETWORKS, INC. (Staff Attorney: Kelly Frazier.)

Mr. Frazier recommended that the amendments to the interconnection agreement be approved.

Chairman Burg moved to approve the amendments to the interconnection agreement. Commissioner Nelson seconded. Motion passed 2-0.

4. TC01-011 IN THE MATTER OF THE APPLICATION OF MAXTEL USA, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE INTEREXCHANGE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Keith Senger. Staff Attorney: Kelly Frazier.)

Mr. Senger recommended that the certificate of authority be granted with a waiver of ARSD
20:10:24:02(8); with restrictions from offering prepaid calling cards, accepting customer deposits or advance payments; and with an effective date of March 31, 2001.

Commissioner Nelson moved to grant a certificate of authority to Maxtel USA, Inc. with the waiver and restrictions as noted above and with an effective date of March 31, 2001. Chairman Burg seconded. Motion passed 2-0.

5. TC01-013 IN THE MATTER OF THE FILING BY MCLEODUSA TELECOMMUNICATIONS SERVICES, INC. FOR APPROVAL OF ITS INTRASTATE SWITCHED ACCESS TARIFF AND FOR AN EXEMPTION FROM DEVELOPING COMPANY SPECIFIC COST-BASED SWITCHED ACCESS RATES. (Staff Attorney: Karen Cremer. Staff Analyst: Harlan Best.)

Chairman Burg moved to grant McLeod's request to withdraw the applications. Commissioner Nelson seconded. Motion passed 2-0.

Meeting adjourned.

_____________________________________
Mary R. Giddings

Administrative Assistant