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South Dakota Public Utilities Commission Meeting
Wednesday, December 11, 2002; 10:00 A.M.
State Capitol Building, Public Utilities Commission Cactus Conference Room
Pierre, South Dakota
MINUTES OF THE AD HOC MEETING
Chairman Jim Burg called the meeting to order. Also present were Commissioner Bob Sahr; Commission Advisor Greg Rislov, Commission Counsel John Smith; Commission Attorney Rolayne Ailts Wiest; Staff Attorneys Karen Cremer and Kelly Frazier; Staff Analyst Keith Senger; and Administrative Secretary Mary Giddings. Commissioner Pam Nelson was hospitalized and unable to participate.
Joining the meeting by telephone were Thomas Welk, Boyce, Murphy, McDowell and Greenfield for Qwest Corporation; Colleen Sevold, Qwest Corporation; and Richard Abild, husband of complainant Denise Haerter.
1. CT02-033 IN THE MATTER OF THE COMPLAINT FILED BY DENISE HAERTER, SIOUX FALLS, SOUTH DAKOTA, AGAINST MCIWORLDCOM AND QWEST CORPORATION REGARDING UNAUTHORIZED SWITCHING OF SERVICES. (Staff Analyst: Mary Healy, Staff Attorney: Karen Cremer.)
Tom Welk, representing Qwest, explained the motion for summary judgment, stating that Qwest agreed that a PIC change error had been made and Qwest is ready to reimburse the complainant for the unauthorized charges plus a slamming fine of $1,000. Even though the slamming involved two lines, Qwest interprets the law that the Complainant is only entitled to $1,000, not $1,000 per line. Denise Haerter's husband, Richard Abild, argued that a fine of $2,000 should be levied because two lines were involved, this was the second time they had been slammed and telephone companies should not be let off so easily. Mr. Smith noted that the law only allows a slamming fine of $1,000 for each occurrence, not each line. Ms. Cremer stated that Staff's position held that the $1,000 penalty is all that the law allows.
Chairman Burg moved to grant Qwest's motion for summary judgment and ordered that Qwest's liability to the Complainant shall be reimbursement of the unauthorized actual charges, which has occurred, plus $1,000. Complainant's claim for a second $1,000 is dismissed with prejudice. Commissioner Sahr seconded. Motion passed 2-0.
Mary R. Giddings