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South Dakota Public Utilities Commission Meeting
Thursday, January 24, 2002; 2:30 P.M.
State Capitol Building, Room 468
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Burg called the meeting to order. Present were Commissioner Pam Nelson; Commissioner Bob Sahr; Executive Director Deb Elofson; Deputy Executive Director Sue Cichos; Commission Advisor Greg Rislov; Commission Counsel Rolayne Ailts Wiest; Staff Attorneys Karen Cremer and Kelly Frazier; Staff Analysts Dave Jacobson, Harlan Best, Heather Forney, Keith Senger, Mary Healy and Michele Farris; and Administrative Secretary Mary Giddings.
Also present were Bob Miller, SD Electric Utility Companies: and Dave Gerdes, Otter Tail Power Company.
Joining the meeting by phone were Dave Saville, Christy Miedema, Don Lee and Marlene Bennett, Martin Group; Suzan Stewart and Marv Sorenson, MidAmerican Energy Company; Kyle White, Don Martinez and Greg Bernard, Black Hills FiberCom; Mark Rolfes, Otter Tail Power Company; Mary Lohnes, Midcontinent Communications; and Tom Welk, Qwest Corporation.
Administration
1. Approval Of The Minutes Of The Commission Meeting Held On January 3, 2002. (Staff: Mary Giddings.)
Commissioner Nelson moved to approve the minutes of the January 3, 2002, meeting. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Mary Healy.)
Ms. Healy presented an update on inquiries and complaints recently received.
2. IN THE MATTER OF DISMISSING DOCKETS CT01-049, CT01-051, CT01-052, CT01-059, CT01-062.
Chairman Burg moved to dismiss the complaints and close the dockets on CT01-049, CT01- 051, CT01-052, CT01-059, and CT01-062. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Kyle White, representing FiberCom, explained the request to dismiss the complaint and close the docket.
Chairman Burg moved to dismiss the complaint and close the docket. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Electric
Dave Gerdes, representing Otter Tail Corporation, explained why the Commission should reconsider the order of December 5, 2001, stating that Minnesota residents should not be members of the local review committee. Ms. Farris noted that Staff's recommendation had been to invite affected Minnesotans to attend for informational purposes only. Ms. Cremer recommended that the December 5, 2002, order be reconsidered. She further recommended that the Commission designate a local review committee that falls within the 10 mile radius of the proposed energy conversion facility that lies within the borders of South Dakota; to send notice of the proposed route and the procedure for intervening to the Minnesota entities listed in the December 5, 2001, order; and to extend an invitation to the Minnesota entities to attend the public hearings.
Chairman Burg moved to reconsider the December 5, 2001, order. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Chairman Burg moved the Commission designate a local review committee that falls within the 10- mile radius of the proposed energy conversion facility that lies within the borders of South Dakota; to send notice of the proposed route and the procedure for intervening to the Minnesota entities listed in the December 5, 2001, order; and to extend an invitation to the Minnesota entities to attend the public hearings. He further moved that Otter Tail Corporation provide updated lists of elected officials within the designated area for notification purposes. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Kyle White, representing Black Hills Power, Inc., explained the contract with deviations and requested it be effective January 30, 2002. Mr. Jacobson stated that all tariff conditions had been met and recommended approval of the contract with deviations.
Commissioner Nelson moved to approve the contract with deviations effective January 30, 2002. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Natural Gas
Mr. Frazier recommended that the rates be suspended for another 60 days or until the final order of the Commission, whichever comes first.
Commissioner Nelson moved to suspend the rates for another 60 days or until the final order of the Commission, whichever comes first. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Telecommunications
Ms. Forney recommended that the revenue requirement set forth in Staff's memo dated January 10, 2002, be approved.
Commissioner Nelson moved to approve the revenue requirement. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
2. TC01-076 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS REVENUE REQUIREMENT FOR GOLDEN WEST TELECOMMUNICATIONS COOPERATIVE, INC. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)
Mr. Best recommended that the revenue requirement set forth in Staff's memo dated January 10, 2002, be approved.
Commissioner Nelson moved to approve the revenue requirement. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Best recommended that the revenue requirement set forth in Staff's memo dated January 10, 2002, be approved.
Chairman Burg moved to approve the revenue requirement. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Best recommended that the revenue requirement set forth in Staff's memo dated January 14, 2002, be approved.
Commissioner Nelson moved to approve the revenue requirement. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Forney recommended that the revenue requirement set forth in Staff's memo dated December 27, 2001, be approved.
Chairman Burg moved to approve the revenue requirement. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Best explained the revised LECA switched access rate and recommended that it be approved.
Commissioner Nelson moved to approve the LECA switched access rate. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Mr. Senger recommended that action be deferred. Action was deferred.
Ms. Farris explained the application for a certificate of authority and recommended that it be approved with a waiver of ARSD 20:10:24:02(8), and with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits.
Commissioner Nelson moved to grant a certificate of authority to BAK Communications, LLC. with a waiver of ARSD 20-10-24-02(8), and with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Ms. Forney recommended that Midcontinent's request to withdraw the filing be approved and the docket closed.
Chairman Burg moved to grant the withdrawal of the filing and he further moved that the docket be closed. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Ms. Farris recommended that Lockheed Martin Global Telecommunications Services, Inc. be granted a certificate of authority with a waiver of ARSD 20-10-24-02(8), and with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits.
Commissioner Nelson moved to grant Lockheed Martin Global Telecommunications Services a certificate of authority with a waiver of ARSD 20-10-24-02(8), and with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits. Chairman Burg seconded and Commissioner Sahr concurred. Motion passed 3-0.
Mr. Frazier recommended that the proposed agreement be approved.
Chairman Burg moved to approve the agreement. Commissioner Sahr seconded and Commissioner Nelson concurred. Motion passed 3-0.
Mr. Senger recommended that a certificate of authority be granted effective February 21, 2002; with a waiver of ARSD 20:10:24:02(8); and with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits.
Commissioner Nelson moved to grant a certificate of authority to Weston Telecommunications, LLC with a waiver of ARSD 20:10:24:02(8); with restrictions from offering prepaid calling cards, accepting advance payments and customer deposits; and with an effective date of February 21, 2002. Commissioner Sahr seconded and Chairman Burg concurred. Motion passed 3-0.
Natural Gas
1. REQUEST FOR APPROVAL OF AMENDMENT TO CONTRACT WITH FRED SAFFER & ASSOCIATES FOR SERVICES RELATED TO WILLISTON BASIN INTERSTATE PIPELINE COMPANY PROCEEDINGS BEFORE FERC. (Staff Analyst: Dave Jacobson.)
Chairman Burg moved to amend the maximum dollar amount of the contract with Fred Saffer and Associates for an additional $14,571.54. Commissioner Nelson seconded and Commissioner Sahr concurred. Motion passed 3-0.
Meeting adjourned.
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Mary R. Giddings, Administrative Secretary
Administrative Secretary
