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South Dakota Public Utilities Commission Meeting
Friday, June 23, 2003; 10:00 A.M.
State Capital, Room 413
Pierre, South Dakota
MINUTES OF THE AD HOC MEETING
Chairman Bob Sahr called the meeting to order. Also present were Commissioner Jim Burg; Executive Director Pamela Bonrud; Commission Advisor Greg Rislov; Commission Attorney Rolayne Ailts Wiest; Director Warehouse/Transportation Bob Knadle; Staff Attorney Kelly Frazier; Staff Analysts Keith Senger, Jim Mehlhaff, Harlan Best, and Bonnie Bjork; Intern Mallori Barnett; and Administrative Secretary Tina Douglas.
Also present were Bob Mercer, Associated Press; Darla Pollman Rogers, representing South Dakota Telecommunication Association; Randy Houdek, Venture Communications Cooperative; and Richard Coit and Greg Dean, South Dakota Telecommunication Association.
Joining the meeting by telephone were Vice Chairman Gary Hanson; and Commission Counsel John Smith.
Chairman Sahr asked if anyone was appearing on behalf of S&S Communications/Alterna-Cell. No one indicated that they were on the phone or at the meeting representing S&S Communications/Alterna-Cell (S&S). Mr. Frazier stated that the letter of credit which was issued by Aberdeen Finance Corporation provides that in order to receive the $125,000.00, an authorized member of the Commission must sign an Affidavit stating that claims have been made against S&S for not providing telecommunications services. When the Commission receives the money from the letter of credit, the Commission would put it into a depository with the Circuit Court for consideration of claims against S&S, and the Commission would also do the same with the money which it would receive from the bonds. Chairman Sahr asked if signing the Affidavit would just verify that claims have been filed with the Commission and not adjudicate that any of the claims are valid. Mr. Frazier agreed with Chairman Sahr that the Affidavit would not adjudicate any of the claims.
Chairman Sahr moved that the Commission grant staff's request authorizing a member of the Commission to sign an Affidavit stating that claims have been presented by South Dakota consumers against S&S for not providing long distance services. Commissioner Hanson seconded the motion, and Commissioner Burg concurred. Motion passed 3-0.
Chairman Sahr moved that the Commission amend the motion to have Chairman Sahr sign on behalf of the Commission regarding the Affidavit stating that claims have been presented by South Dakota consumers against S&S for not providing long distance services. Commissioner Hanson seconded the motion, and Commissioner Burg concurred. Motion passed 3-0.
Chairman Sahr asked Mr. Frazier if the Commission could put the monies in a fund through the Public Utilities Commission instead of the Circuit Court at this time and then later on put the money in a depository with Circuit Court if that is what the Commission chooses to do. Chairman Sahr also asked Mr. Frazier if the Commission did put the monies in a depository with the Circuit Court, whether the Commission might lose authority over how the money will be distributed. Chairman Sahr also questioned whether the Commission needed to act on this issue today. Mr. Frazier stated he would do some more research regarding the authority of the Commission after the monies were put in the depository with the Circuit Court and that the Commission did not need to take action on this issue today.
Chairman Sahr moved that action be deferred. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.