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South Dakota Public Utilities Commission Meeting
October 26, 2010, at 9:30 A.M. CDT
Room 413, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Johnson called the meeting to Order. Present were: Commissioners Steve Kolbeck and Gary Hanson; Commission Attorneys John Smith and Rolayne Wiest; Commission Advisor Greg Rislov; Staff Attorneys Karen Cremer, Kara Semmler, and Ryan Soye; Staff Analysts Brian Rounds, Brittany Mehlhaff, Ross Pedersen, and Bobbi Bourk; Consumer Affairs Supervisor Deb Gregg; and Administrative Secretary Demaris Axthelm.
Also present were: Brett Koenecke, May, Adam, Gerdes, & Thompson, representing Xcel Energy; Paul Bachand, Schmidt, Schroyer, Moreno, Lee & Bachand, representing Convenient Loan; Margo Northrup, Riter, Rogers, Wattier & Northrup, representing South Dakota Telecommunications Association and Golden West Telecommunications Cooperative; and Jodie Flickma, South Dakota Utility Shareholders
Joining the meeting by telephone were: Sara Dannen, NorthWestern Energy; Paul Leighton, Dave Badura; Vicky Wonder, Ken Finch, and Jim Parker, MidAmerican Energy; Tamie Aberle, Montana-Dakota Utilities Co.; Wayne Johnson, Qwest Corporation; James Cremer, Bantz, Gosch, & Cremer, representing James Valley Wireless; Talbot Wieczorek, Gunderson, Nelson, Palmer & Ashmore, representing Cellco Partnerships; and Meredith Moore, Cutler & Donahoe, representing Interstate Telecommunications Cooperative
(NOTE: For the purpose of continuity, these minutes are not necessarily in chronological order.)
Consumer Reports
- Status Report on Consumer Utility Inquiries and Complaints Received by the Commission. (Consumer Affairs: Deb Gregg)
Ms. Deb Gregg reported that the Commission received a total of 87 contacts since the last report was prepared for the October 12, 2010, Commission meeting. 18 contacts involved telecommunications services; 24 of the contacts involved electrical services; 6 contacts involved natural gas services; 11 contacts involved cell phone services; 16 contacts were related to the Do Not Call registry; and 12 contacts involved issues not regulated by the Public Utilities Commission. In 2010, 2,190 of the 2,249 complaints registered have been resolved.
Consumer Complaint
Mr. Brett Koenecke, representing Xcel Energy, and Mr. Paul Bachand, representing Convenient Loans, stated that a settlement has been agreed upon and requested the Commission dismiss the complaint. Mr. Ryan Soye, Staff Attorney, stated that Staff found no issues with the settlement and recommended dismissing the complaint and closing the docket.
Chairman Johnson moved to dismiss the complaint and close the docket. Motion passed 3-0.
Ms. Sara Dannen, NorthWestern Energy, stated that all issued have been resolved between the Company and Ms. Soesbe and requested the Commission dismiss the complaint. Ms. Kara Semmler, Staff Attorney, stated that Staff recommended dismissing the complaint and closing the docket.
Vice Chairman Kolbeck moved to dismiss the complaint and close the docket. Motion passed 3-0.
Natural Gas
Ms. Karen Cremer, Staff Attorney, requested this item be deferred.
Chairman Johnson moved to defer this docket. Motion passed 3-0.
Ms. Tamie Aberle, Montana-Dakota Utilities Co. (MDU), provided a background on the filing and requested Commission approval of the revised tariff sheets regarding its conservation tracking adjustment. Mr. Brian Rounds, Staff Analyst, stated Staff recommended Commission approval of the revised tariffs. In addition, Staff recommended the Company begin surveying participants again and file a month or two earlier next year if participants continue to come is below estimates.
Commissioner Hanson moved to approve the revised tariff sheets for Montana-Dakota Utilities Co. regarding its revised conservation tracking adjustment. Motion passed 3-0.
Telecommunications
Mr. Rounds requested this docket be deferred until such time that a representative from Crexendo Business Solutions, Inc. can be available for Commission questions.
Chairman Johnson moved to defer action. Motion passed 3-0.
Ms. Semmler stated the agreement was properly filed, properly executed and does not appear to contain discriminatory provisions. No comments were filed and Ms. Semmler recommended approval of the agreement.
Vice Chairman Kolbeck moved to approve a wireline interconnection agreement between Qwest and Liberty Bell. Motion passed 3-0.
Mr. James Cremer, representing James Valley Wireless, requested the Commission grant intervention. Mr. Talbot Wieczorek, representing Cellco Partnerships, stated there were no objections to the intervention. Ms. Cremer stated that Staff recommended granting intervention to James Valley Wireless.
Vice Chairman Kolbeck moved to granted intervention to James Valley Wireless. Motion passed 3-0.
Ms. Semmler stated the agreement was properly filed, properly executed and does not appear to contain discriminatory provisions. No comments were filed and Ms. Semmler recommended approval of the agreement.
Commissioner Hanson moved to approve the interconnection agreement between ITC and MCC Telephony. Motion passed 3-0.
There being no further business, at the hour of 10:05 a.m. the South Dakota Public Utilities Commission meeting adjourned. The next Commission meeting is scheduled for November 9, 2010.
/S/Stephanie Harmon
Stephanie Harmon
Administrative Secretary
November 23, 2010
