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South Dakota Public Utilities Commission Meeting
Tuesday, January 25, 2005 at 1:30 P.M.
State Capitol Building, Room 468
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Gary Hanson called the meeting to order. Also present were Vice Chairman Bob Sahr; Commissioner Dustin Johnson; Executive Director Pamela Bonrud; Deputy Executive Director Heather Forney; Commission Advisor Greg Rislov; Commission Attorney John Smith; Staff Attorneys Karen Cremer and Sara Greff; Staff Analysts Patty Van Gerpen, Dave Jacobson, Harlan Best, Michele Farris, Jim Mehlhaff, and Keith Senger; and Administrative Secretary Tina Douglas.
Also present was Kevin W. Nelson.
Joining the meeting by telephone were Colleen Sevold and Melissa Thompson, Qwest Corporation.
1. Approval of the Minutes of the Ad Hoc Meeting Held on January 10, 2005. (Staff: Tina Douglas.)
Commissioner Johnson moved to approve the Minutes of the Ad Hoc Meetings held on January 10, 2005. Chairman Hanson seconded and Commissioner Sahr concurred. Motion passed 3-0.
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Jim Mehlhaff.)
Mr. Mehlhaff reported that the Commission had received a total of 2370 consumer contacts during 2004. Since the last report was prepared for the December 28, 2004, Commission meeting, 110 of these contacts had been received; 65 contacts involved telecommunications services; 24 contacts involved electricity issues; 10 contacts involved natural gas issues; 11 contacts involved gas and electric services; 26 contacts involved cellular phone issues; 17 contacts involved the Do Not Call registry; and 43 contacts involved miscellaneous services not regulated by the PUC. In 2004, 2040 of the 2370 complaints registered have been resolved informally and in 2005, 81 of the 110 complaints registered have been resolved informally .
1. EL04-041 In the Matter of the Application of Basin Electric Power Cooperative, Inc. for an Energy Conversion Facility Permit for the Construction of a Combustion Turbine Generator near Groton, South Dakota. (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)
Ms. Farris stated that on December 22, 2004, Basin Electric filed an application for an Energy Conversion Facility Permit for the Construction of a Combustion Turbine Generator near Groton, South Dakota. The project includes a new 80 to 100 MW simple cycle natural gas combustion turbine generator. The project also includes approximately 11.5 miles of underground gas pipeline and approximately 0.5 miles of transmission line. The estimated cost of the project is $69 million. In accordance with SDCL 49-41B-12 the maximum fee chargeable by the Commission may not exceed 3 of 1% of the estimated construction cost if no EIS is required. Therefore, the maximum fee allowed is $172,500. SDCL 49-41B-12 also states the minimum total fee chargeable may not be less than $8,000. Ms. Farris recommended the Commission assess a filing fee not to exceed $172,500 with an initial deposit of $8,000.00.
Chairman Hanson moved to assess a filing fee not to exceed $172,500.00 with an initial deposit of $8,000.00. Commissioner Sahr seconded and Commissioner Johnson concurred. Motion passed 3-0.
1. TC04-215 In the Matter of the Filing for Approval of Terms and Conditions for Interconnection, Unbundled Network Elements, Ancillary Services and Resale of Telecommunications Services between Qwest Corporation and Bullseye Telecom, Inc. (Staff Attorney: Sara B. Greff)
Ms. Greff recommended no action be taken on this docket at this time. Ms. Greff stated that Bullseye Telecom, Inc. does not have a Certificate of Authority in South Dakota. Since publication of the agenda the application for the Certificate of Authority has been received and is being reviewed and processed by staff.
Chairman Hanson moved to defer TC04-215. Commissioner Sahr seconded and Commissioner Johnson concurred. Motion passed 3-0.
2. TC04-252 In the Matter of the Application of AccessLine Communications Corporation for a Certificate of Authority to Provide Interexchange Telecommunications Services in South Dakota. (Staff Analyst: Michele Farris, Staff Attorney: Karen Cremer)
Ms. Farris stated that AccessLine Communications Corporation had submitted an application for a Certificate of Authority in accordance with the administrative rules of South Dakota. The applicant intends to provide resold interexchange services including, 1+ and 101XXXX outbound dialing, incoming 800/888, conference calling, enhanced services, data services, and postpaid calling card services throughout South Dakota. The applicant has agreed to restrictions from offering prepaid services and collecting deposits and advance payments. Ms. Farris recommended the Commission approve the Certificate of Authority for AccessLine Communications Corporation with restrictions on deposits, advance payments, and prepaid calling cards.
Commissioner Johnson moved to grant AccessLine Communications Corporation's Certificate of Authority with restrictions from offering prepaid calling cards or accepting customer deposits or advance payments. Chairman Hanson seconded and Commissioner Sahr concurred. Motion passed 3-0.
3. In the Matter of Approving the Agreements and the Amendments in TC04-253, TC04-254, TC04-262, and TC04-264.
Ms. Harens stated that the above Amendments and Agreements had been properly filed, had been properly executed and do not appear to contain discriminatory provisions, no comments were filed, and recommended approval of the Amendments and Agreements. Melissa Thompson, Qwest Corporation, wanted it noted for the record that Qwest Corporation is filing the Master Service Agreements in protest. Qwest does not agree that this kind of agreement needs to be filed with the Commission because of section 252.
Commissioner Sahr moved to approve the Agreements in TC04-253 and TC04-254, and approve the Amendments in TC04-262 and TC04-264. Commissioner Johnson seconded and Chairman Hanson concurred. Motion passed 3-0.
Mr. Best stated that on December 15, 2004, Qwest Corporation filed to add Optical DS3 Entrance Facility to its Access Service Tariff. The filing would mirror the current F.C.C. No. 1 Switched Access Tariff except as to rate, by adding a monthly recurring rate element to the intrastate Access Service Tariff for Optical DS3 Entrance Facility. No interventions were received. Mr. Best recommended that the Commission approve the tariff revisions in docket TC04-261.
Chairman Hanson moved to approved the tariff revision in TC04-261. Commissioner Sahr seconded and Commissioner Johnson concurred. Motion passed 3-0.