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South Dakota Public Utilities Commission Meeting
December 4, 2012, at 9:30 A.M. CST
Room 414, Capitol Building
Pierre, South Dakota
MINUTES OF THE COMMISSION MEETING
Chairman Chris Nelson called the meeting to order. Present were: Commissioners: Kristie Fiegen and Gary Hanson; Commission Counsel: John Smith and Rolayne Wiest; Commission Advisor: Greg Rislov; Staff Attorneys: Karen Cremer and Kristen Edwards; Staff Analysts: Brittany Mehlhaff, Brian Rounds, David Jacobson, Jon Thurber, and Jim Mehlhaff; Consumer Affairs Supervisor: Deb Gregg; and Staff: Sherry Dickerson
Also present were:
Kara Semmler, May, Adam, Gerdes & Thompson, representing Common Point LLC; Rich Coit, South Dakota Telecommunications Association; Mark Benton, Midstate Telecom, Inc.; Bill VanCamp, Olinger, Lovald, McCahren & Reimers, P.C., representing AT&T Communications of the Midwest, Inc.; Margo Northrup, Riter, Rogers, Wattier, and Northrup LLP, representing Midstate Telecom, Inc. and South Dakota Network; and Dan Nelson, Midcontinent Communications
Joining the meeting by telephone were:
Dan Caldwell, Tim Eklund, and Marlene Bennett, Consortia Consulting, representing Midstate Telecom, Inc.
1. Approval of the Minutes of the Commission Meeting Held on November 20, 2012 (Staff: Joy Irving)
Commissioner Fiegen moved to approve the minutes of the Commission Meeting on November 20, 2012. Motion carried 3-0.
1. Status Report on Consumer Utility Inquiries and Complaints Received by the Commission (Consumer Affairs: Deb Gregg)
The Commission received a total of 63 contacts since the last report was prepared for the November 20, 2012, Commission meeting.
12 of the contacts involved telecommunication services, 13 of the contacts involved electrical services, 6 contacts involved natural gas service, 3 contacts involved cell phone service, 14 contacts were related to the Do Not Call Registry and 15 contacts were related to issues not regulated by the PUC.
1,763 of the 1,800 complaints received in 2012 have been resolved.
Mr. Jim Mehlhaff, staff analyst, recommended that the Commission approve Cindy and Alan Biegler's bond proceeds distribution process. Mr. Mehlhaff also recommended that the Commission recognize the assignment from Gary Nagel and allow Jason Nagel to claim the full amount on his proof of claim form.
Commissioner Nelson moved to approve the request of Cindy and Alan Biegler to have their late-filed claim included in the bond proceeds distribution process and moved to recognize the assignment of claim from Gary Nagel and allow Jason Nagel to claim the full amount on his proof of claim form. Motion carried 3-0.
ADDENDUM TO THE
AGENDA OF COMMISSION MEETING
A lengthy discussion took place regarding Docket TC12-133. An audio of the discussion can be found on the PUC Web site under Commission Actions; Commission Meeting Archives; 2012; December 4, 2012, for Docket TC12-133, recording located at: http://puc.sd.gov/commission/media/puc12042012.mp3
Commissioner Nelson moved to grant Midstate's request for a Waiver of ARSD 20:10:27:14. Motion carried 2-1. Commissioner Hanson dissented.
Commissioner Hanson moved to grant suspension of the tariff according to SDCL 49-31-12.4 for an additional 120 days. Motion carried 3-0.
2. TC12-184 In the Matter of the Application of Common Point LLC for a Certificate of Authority to Provide Local Exchange Services in South Dakota (Staff Analyst: Dave Jacobson, Staff Attorney: Kristen Edwards)
Mr. Rich Coit, South Dakota Telecommunications Association (SDTA), and Ms. Margo Northrup, Riter, Rogers, Wattier, and Northrup LLP, representing South Dakota Network (SDN), requested that the Commission grant the Petitions to Intervention. Ms. Kara Semmler, May, Adam, Gerdes & Thompson, representing Common Point LLC (Common Point), stated that Common Point does not object to the Petitions to Intervention. Ms. Kristen Edwards, staff attorney, recommended that the Commission grant intervention to SDTA and SDN.
Commissioner Fiegen moved to grant intervention to any parties that have filed. Motion carried 3-0.
Mr. Bill VanCamp, Olinger, Lovald, McCahren & Reimers, P.C., representing AT&T Communications of the Midwest, Inc. (AT&T), requested that the Commission grant its Petition to Intervene and Request to Suspend the Tariff and Investigate. Ms. Kara Semmler, May, Adam, Gerdes & Thompson, representing Common Point LLC (Common Point), stated that Common Point does not object to AT&T's intervention. Ms. Kristen Edwards, staff attorney, recommended that the Commission grant AT&T's Petition to Intervene.
Commissioner Nelson moved to grant intervention to AT&T. Motion carried 3-0.
There being no further business, at the hour of 9:53 a.m. the South Dakota Public Utilities Commission meeting adjourned.
December 4, 2012