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PUBLIC UTILITIES COMMISSION MEETING
Tuesday, April 1, 1997; 1:00 P.M.
State Capitol Building, Room 412
Pierre, South Dakota
NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773- 3201 by 5:00 p.m., Monday, March 31, 1997.
NOTE: Notice is further given to persons with disabilities that this Commission meeting is being held in a physically accessible place. If you have special needs, please notify the Commission and we will make all necessary arrangements.
AGENDA OF THE COMMISSION MEETING
Administration
1. Approval Of The Minutes Of The Commission Meeting of March 4, 1997, And The Ad Hoc Commission Meetings Of March 17, March 24 and March 26, 1997. (Staff: Shirleen Fugitt.)
Consumer Affairs
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Representative: Leni Hook.)
The Commission received 342 consumer contacts during 1997. 90 contacts were received since the March 4, 1997, Commission meeting.
TELECOMMUNICATIONS: 70 contacts involved telecommunication issues. The unauthorized switching of long distance service was the main issue which involved 27 contacts; 20 billing issues were handled; 9 contacts involved telemarketers; 6 involved consumer promblems; 3 disconnection issues were handled; 2 involved sex line disputes; 1 annoyance contact was made; and 1 contact involved a deposit issue.
ELECTRICITY: 14 complaints involving electricity were reported. 4 contacts were classified as "other"; 2 disconnection issues were handled; 2 billing concerns were reported; 1 deposit contact was made; 1 indebted household issue was made; and 1 payment plan dispute was made.
GAS: 7 complaints involving natural gas were reported. 1 billing issue was reported; 2 contacts involved disconnections; 2 payment plan issues were made; 1 connection issue was made; and 1 meter issue was made.
A total of 133 complaints were informally resolved during 1997.
Natural Gas
1. IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR REVISIONS TO ITS GAS TRANSPORTATION TARIFF. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)
On February 26, 1997, the Commission received a filing by MidAmerican Energy Company (MidAmerican) for approval of revisions to its Gas Transportation Tariff. Commission Staff had previously reviewed MidAmerican's tariff changes and recommended further revisions. MidAmerican had included such revisions and now files its revised Gas Tariff Sheets for approval. The proposed effective date for the tariff revisions is April 1, 1997.
TODAY, shall the Commission approve MidAmerican's sub-revised Gas Tariff Sheets?
On February 26, 1997, the Commission received a filing by Montana-Dakota Utilities Co. (MDU) to modify its existing PGA tariffs to reflect monthly adjustments to the current gas cost portion of the PGA based on the cost of gas to be in effect during the month. The proposed effective date for the change is May 1, 1997.
TODAY, shall the Commission approve MDU's requested PGA revisions?
On March 6, 1997, the Commission received notice from Northern Border Pipeline Company (Northern Border) that it has filed an application with the Federal Energy Regulatory Commission (FERC) to construct and operate Compressor Station No. 11 in Deuel County, South Dakota. Compressor Station No. 11 was part of the facilities authorized by the Commission to be constructed under the permit dated April 13, 1981. Northern Border certifies in its notice that the construction of Compressor Station No. 11 will be in compliance with the Terms and Conditions of the April 13, 1981, permit.
TODAY, shall the Commission assess a filing fee and how shall the Commission proceed?
Telecommunications
1. TC96-158 IN THE MATTER OF THE APPLICATION OF TELECARD SERVICES INTERNATIONAL, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Karen Cremer.)
On August 22, 1996, the Commission received an application by Telecard Services International, Inc. (Telecard) for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. Telecard is seeking statewide authority to serve 800 WATS and 1+ prepaid telecard services to the general public. No interventions have been filed.
TODAY, shall the Commission grant Telecard a Certificate of Authority?
2. TC96-159 IN THE MATTER OF THE PETITION FOR ARBITRATION ON BEHALF OF DAKOTA TELECOM, INC. WITH U S WEST. (Advisors to the Commission: Commission Staff.)
On August 27, 1996, the Commission received a Petition from Dakota Telecom, Inc. (DTI) and Dakota Telecommunications Systems, Inc. (DTS) requesting that the Commission arbitrate negotiations for interconnection between DTI and U S WEST Communications, Inc. (US WEST) and to mediate negotiations for interconnection between DTS and U S WEST. DTS petitioned to combine the arbitration proceedings of DTI and DTS. U S WEST moved to dismiss the petition for arbitration for failure to comply with Section 252(b)(2)(A) of Title 47 of the United States Code and for additional time to respond. On October 7, 1996, during its prehearing conference, the Commission consolidated the arbitration proceedings of DTI and DTS. On October 10, 1996, the Commission issued an Order denying U S WEST's motion to dismiss. A hearing was scheduled in this matter for November 4-6, 1996. Prior to the hearing, DTS verbally requested that the hearing be indefinitely postponed. By its letter dated November 1, 1996, with subsequent corrections dated November 4, 1996, DTS confirmed that it and U S WEST have agreed that for purposes of compulsory arbitration, interconnection was first requested from U S WEST by DTI and DTS on August 1, 1996.
TODAY, shall the Commission dismiss this Petition and close this docket?
3. TC96-176 IN THE MATTER OF THE APPLICATION OF TOUCH 1 LONG DISTANCE, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Karen Cremer.)
On October 15, 1996, the Commission received an application by Touch 1 Long Distance, Inc. (Touch 1 Long Distance) for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. According to the application: "Touch 1 Long Distance proposes to operate as a reseller of intrastate interexchange services in South Dakota. Touch 1 Long Distance will offer a full range of 1+ interexchange services to the public in South Dakota, including MTS, WATS, 800, and calling card services as set forth in its proposed tariff. Touch 1 Long Distance will provide service over the transmission facilities of other interexchange carriers, primarily those of its affiliate WorldCom Network Services, Inc. d/b/a WilTel Network Services." No interventions have been filed.
TODAY, shall the Commission grant Touch 1 Long Distance a Certificate of Authority?
4. TC96-186 IN THE MATTER OF THE APPLICATION OF USA GLOBAL LINK INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)
On November 21, 1996, the Commission received an application by USA Global Link, Inc. (USA Global) for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. USA Global services intends to offer Message Toll Service, Incoming 800, Travel Card and Prepaid Calling Card services. No interventions have been filed.
TODAY, shall the Commission grant USA Global a Certificate of Authority?
On December 23, 1996, the Commission received a filing by U S WEST Communications, Inc. (U S WEST) for approval to introduce a new optional dialing capability for the completion of calls. This new capability will allow customers to call a special 1-800 number to reach an interactive voice response platform. After reaching the platform, customers will be given the following options to bill their call: 1-800 U S WEST Calling Card, Third Number, or Collect. An effective date of January 15, 1997, has been requested by U S WEST. Interventions have been granted to TCIC Communications, Inc. and MCI Telecommunications Corporation. On March 27, 1997, AT&T of the Midwest, Inc. (AT&T) filed a late filed petition to intervene.
TODAY, shall the Commission grant AT&T's late filed petition to intervene?
On February 10, 1997, the Commission received an application from Dakota Cooperative Telecommunications, Inc. and its subsidiary companies, Dakota Telecom, Inc. and Dakota Telecommunications Systems, Inc. (collectively referred to as Dakota) requesting that the South Dakota Public Utilities Commission determine whether it objects to a waiver by the FCC of the definition of "Study Area" contained in Part 36 Appendix-Glossary of the FCC's rules to allow Dakota to expand its South Dakota study area boundaries to include the new local exchange facilities it is constructing in Viborg and Centerville. Dakota will provide service to consumers in the Centerville and Viborg exchanges through its subsidiaries, and has begun providing such services. Dakota's current study area completely surrounds the Viborg and Centerville exchanges. Dakota is building a new, state of the art switching facility in Viborg, which is centrally located with respect to Dakota's service area. If the Commission does not object to such a waiver by the FCC, Dakota requests that the PUC provide Dakota with a letter to that effect. The Commission has granted interventions to the South Dakota Independent Telephone Coalition, Inc. and Fort Randall Telephone Company.
TODAY, how shall the Commission Proceed?
On February 18, 1997, the Commission received an application by American Telecommunications Systems, Inc. (ATS) for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. The applicant is a switchless reseller which intends to offer 1+ direct dialing, 800 toll free, and travel card (no prepaid calling cards) service through the resale of telephone services provided by facilities-based interexchange carriers. No interventions have been filed.
TODAY, shall the Commission grant ATS a Certificate of Authority?
On February 26, 1997, the Commission received a filing by U S WEST Communications, Inc. (U S WEST) for approval to remove the Service Date Change Charge for Switched Access. Currently a non-
recurring charge of $15.00 is assessed for each Switched Access installation service date change. U S WEST requests an effective date of April 1, 1997. No Interventions have been filed.
TODAY, shall the Commission approve the revisions requested by U S WEST?
On March 7, 1997, the Commission received an application by MCImetro Access Transmission Services, Inc. (MCImetro) for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. MCImetro intends to provide a full-range of telecommunications services, including, but not limited to, resale, various intrastate private line services and switched services, local exchange and IntraLATA toll services. Initially, MCImetro plans to provide services by reselling local telecommunications exchange services offered by the incumbent local exchange carrier. MCImetro also plans to interconnec network with U S WEST and other local exchange carriers in order to bring the widest range of services to consumers in South Dakota. On March 25, 1997, the South Dakota Independent Telephone Coalition, Inc. (SDITC) filed a timely petition to intervene.
TODAY, shall the Commission grant SDITC intervention in this docket and how shall the Commission proceed?
On March 10, 1997, the Commission received an application by Atlas Communications, Ltd. (Atlas) to amend its Certificate of Authority to provide local exchange services within the state of South Dakota. Atlas intends to provide local exchange service on a resale basis. The specific manner in which it will provide local exchange service depends upon the result of negotiations with the incumbent local exchange carriers currently operating within the state. Atlas seeks authority to resell local exchange service in the existing service areas of U S WEST and any other relevant carriers. On March 25, 1997, the South Dakota Independent Telephone Coalition, Inc. (SDITC) filed a timely petition to intervene.
TODAY, shall the Commission grant SDITC intervention in this docket and how shall the Commission proceed?
On March 10, 1997, the Commission received an application by U.S. Republic Communications, Inc. (Republic) for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. Republic seeks authority to provide resold long distance telecommunications services in South Dakota. Initially, Republic's operator services will be provided through the utilization of AT&T's existing operator services. An intervention deadline of March 28, 1997, was established.
TODAY, shall the Commission grant any interventions that may be timely filed, or shall it grant a Certificate of Authority to Republic?
Transportation/Warehouse
1. IN THE MATTER OF THE REQUEST BY COMMISSION STAFF TO OPEN A RULEMAKING DOCKET PURSUANT TO SDCL 49-28-33, 49-42-1.2 AND 49-45-6. (Division Director: Ed Anderson. Staff Attorney: Camron Hoseck.)
SDCL 49-28-33, 49-42-1.2 and 49-45-6 provide authority for the Commission to establish and administer rules governing motor carriers, public storage warehouses, public grain warehouses and grain dealers. The administrative rules governing these industries were last revised in 1986. Since that time, the Commission's statutory jurisdiction over intrastate motor carriers has been eliminated and a new registration program for interstate motor carriers of regulated commodities has been established. The Commission was granted rule making authority concerning the form and content of financial statements submitted by grain warehouses and grain dealers but rules have not been established. Additional statutory changes have created inconsistencies between statutes and administrative rules.
To address these changes and to provide rules which are more consistent with the day-to-day operations of these industries, Commission staff requests that a rule making docket be opened covering ARSD 20:10:02, 20:10:03, 20:10:04, 20:10:11 and 20:10:12.
TODAY, shall the Commission open a rulemaking docket for the Transportation/Warehouse Division?
Miscellaneous
1. IN THE MATTER OF COMMISSION INVOLVEMENT BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION REGARDING FILINGS OF WILLISTON BASIN INTERSTATE PIPELINE COMPANY. (Staff Analyst: Dave Jacobson. General Counsel: Rolayne Wiest.)
The Commission is currently involved in the appeal of several issues before the FERC concerning prior applications made by WBI including cases 93-1420, 93-1706 and 94-1053. The Commission is also involved in several WBI rate cases including RP95-364 and RP92-236-163-170. In addition further such proceeding can be expected in the future. The Montana Consumer Council and the Montana Public Service Commission are sharing in the costs of these proceedings. The Commission is allowed to recover such expenses from jurisdictional utilities pursuant to 49-34A-72.
TODAY, shall the Commission continue with its involvement in Williston Basin Interstate Pipeline Company proceedings before the Federal Energy Regulatory Commission by providing funding for consultants?
Announcements
1. The next Commission meeting is scheduled for 10:00 a.m., April 15, 1997, in Room 412 of the State Capitol Building, Pierre, South Dakota.
______________________________
William Bullard, Jr.
Executive Director, Friday, March 28, 1997
PLEASE NOTE: There is an Addendum to this agenda.
