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South Dakota Public Utilities Commission Meeting
Tuesday, March 2, 2004 at 9:30 A.M.
Capital Building, Room 412
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Bob Sahr called the meeting to order. Also present were Vice Chairman Gary Hanson; Executive Director Pamela Bonrud; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorneys Rolayne Ailts Wiest and John Smith; Staff Attorneys Kelly Frazier and Karen Cremer; Staff Analysts Michele Farris, Keith Senger, Harlan Best, Dave Jacobson, and Sue Schaefer; and Administrative Secretary Tina Douglas.
Also present were Rich Coit, South Dakota Telecommunications Association; Darla Rogers, Riter, Rogers, Mayer, Hofer, Wattier & Brown, representing South Dakota Telecommunications Association; and Bob Miller, South Dakota Electric Utility Companies.
Joining the meeting by telephone were Commissioner Jim Burg; and Talbot Wieczorek, Gunderson, Paul, Goodsell and Nelson representing Western Wireless.
Consumer Issues
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff.)
Mr. Frazier reported that the Commission received a total of 402 consumer contacts during 2004. Since the last report was prepared for the February 17, 2004, Commission meeting, 109 of these contacts had been received; 52 contacts involved telecommunications services; 14 contacts involved electricity issues; 8 contacts involved natural gas issues; 4 contacts involved gas and electric services; 9 contacts involved cellular phone issues; 8 contacts involved the do not call registry; and 14 contacts involved miscellaneous services not regulated by the PUC. In 2004, 301 of the 402 complaints registered have been resolved informally. In 2003, 1961 of the 2579 complaints registered have been resolved informally.
Electric
Mr. Jacobson stated that Ms. Cremer called Xcel Energy because this docket has been ongoing for so long. Xcel Energy agreed to dismiss and close the docket at this time. Ms. Cremer stated that Xcel will refile in the next month or two. Ms. Cremer recommended dismissing and closing the docket.
Chairman Sahr moved to dismiss and close the docket in EL03-005. Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.
Telecommunications
1. In the Matter of Approving Agreements in TC04-013, TC04-014, TC04-015, TC04-016, TC04-018, TC04-019, TC04-020, TC04-021, and TC04-022.
Mr. Frazier stated that the Agreements have been properly filed, have been properly executed and do not appear to contain discriminatory provisions, no comments were filed, and recommended approval of the Agreements.
Commissioner Hanson moved to approve the Agreements in TC04-013, TC04-014, TC04-015, TC04-016, TC04-018, TC04-019, TC04-020, TC04-021, and TC04-022. Chairman Sahr seconded and Commissioner Burg concurred. Motion passed 3-0.
Mr. Best stated that on January 28, 2004, Communications Network Billing, Inc. filed an application for a Certificate of Authority to provide resold intrastate interexchange telecommunications services in South Dakota. Communications Network Billing, Inc. seeks authority to provide MTS, WATS, and calling card services. The applicant has requested a waiver from filing financial statements as required by ARSD 20:10:24:02(8) and has agreed to restrictions from offering any prepaid services and from accepting customer deposits and advance payments. Mr. Best also stated that no parties had intervened. Mr. Best recommended granting the waiver from filing financial statements and approve Communications Network Billing, Inc.'s Certificate of Authority subject to restrictions with an effective date of March 28, 2004.
Chairman Sahr moved to grant the waiver of ARSD 20:10:24:02(8) and grant Communications Network Billing, Inc.'s Certificate of Authority with restrictions from accepting customer deposits and advance payments and offering prepaid services, with an effective date of March 28, 2004. Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.
Mr. Best stated that on February 9, 2004, Comtech 21, LLC filed an application seeking a Certificate of Authority to provide local exchange telecommunications services in South Dakota. Comtech 21 is requesting authority to operate as a Competitive Local Exchange Carrier "throughout the State of South Dakota in the areas served by any LECs in South Dakota that are not eligible for a small or rural exemption pursuant to Section 251(f)(1) of the Federal Act. Comtech 21 does not seek to provide services to customers in those small or rural territories at this time. Comtech 21 intends to provide all forms of intrastate local exchange telecommunications services." Mr. Best stated that no parties had intervened and Comtech 21, LLC had filed its financial report. Mr. Best recommended to grant the waiver from ARSD 20:10:32:03(11) and approve Comtech 21, LLC's Certificate of Authority subject to rural safeguards, subject to restrictions from accepting customer deposits and advance payments and offering prepaid services, with an effective date of April 9, 2004, and subject to the filing of a tariff with pricing prior to offering service.
Chairman Sahr moved to grant Comtech 21, LLC's Certificate of Authority with restrictions from accepting customer deposits and advance payments and offering prepaid services, subject to rural safeguards, with an effective date of April 9, 2004, and subject to the filing of a tariff with pricing prior to offering service. Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.
Mr. Frazier stated that the Commission had received a letter from S&S on February 27, 2004, giving permission to release the information to the bonding company. Since the Commission has received this letter no action is required.
Chairman Sahr moved that action be deferred. Commissioner Burg seconded and Commissioner Hanson concurred. Motion passed 3-0.
Addendum
Other Issues
In re NorthWestern Corporation, Case No. 03-12872 (CGC), United States Bankruptcy Court, District of Delaware (Commission Attorney: John Smith)
Mr. Smith stated that on September 14, 2003, NorthWestern Corporation (NorthWestern) filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware. NorthWestern provides electric generation, transmission and distribution services and natural gas distribution services to customers in East Central South Dakota, as a utility regulated by the Commission. According to NorthWestern, at the February 17, 2004, hearing before the Bankruptcy Court, the Court instructed NorthWestern to discuss with other parties to the case whether it was advisable to appoint a fee examiner to review fee submittals by attorneys and other professionals charging fees as administrative expenses of the case. NorthWestern will be providing the name of Warren Smith as an appointment of a fee examiner.
Chairman Sahr moved to approve to support the appointment of a fee examiner in the NorthWestern Bankruptcy Case and to approve that the Commission's bankruptcy counsel should join in and support a motion by a party or the Court for the Court to make such an appointment. Commissioner Hanson seconded and Commissioner Burg concurred. Motion passed 3-0.
Meeting adjourned.
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Tina Douglas
Administrative Secretary
