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PUBLIC UTILITIES COMMISSION MEETING
Wednesday, June 12, 1996; 10:00 a.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., Tuesday, June 11, 1996.
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 Held On May 28, 1996; The Ad Hoc Commission Meeting Held On May 31, 1996; And The Ad Hoc Meeting Held On June 6, 1996. (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 has received 482 consumer contacts during 1996. 69 contacts have been recorded since the May 28,1996, Commission meeting.
TELECOMMUNICATIONS: 45 contacts concerning telecommunications issues have been received since the last meeting. 11 complaints involved the unauthorized switching of long distance service; 7 contacts concerned rates; 6 complaints involved 800/900 number charges; 5 consumers were unable to get service when promised; 4 complaints involved service improvements; 3 contacts involved land development fees; 3 contacts concerned billing; 3 contacts concerned "other"; 1 complaint was against telemarketers; 1 contact involved a disconnection; and 1 contact involved a request for extended area service.
ELECTRICITY: 14 complaints involving electricity were reported. 4 contacts involved disconnections; 3 concerned billing issues; 3 were classified as "other," and territory issues, excess construction charges, a request for service, and a rude employee were the remaining complaints.
GAS: 10 complaints involving natural gas were reported. 6 complaints concerned disconnections; 2 contacts involved billing issues; 1 contact involved a deposit; and 1 contact was classified as "other."
A total of 355 complaints have been resolved informally during 1996.
Electricity
1. EL96-006 IN THE MATTER OF THE FILING BY NORTHERN STATES POWER COMPANY FOR APPROVAL OF REVISED RATE SHEETS FOR THE OCCASIONAL DELIVERY ENERGY SERVICE AND TIME OF DELIVERY ENERGY SERVICE. (Staff Analyst: Tammi Hendrix. Staff Attorney: Karen Cremer.)
On May 6, 1996, the Commission received a filing from Northern States Power Company (NSP) for approval of revised rate sheets for the Occasional Delivery Energy Service and Time of Delivery Energy Service. In the filing, the proposed Occasional Delivery Energy Service rate sheet reflects a higher metering charge and energy payment, with the energy payment based on NSP's 1996 avoided costs. The proposed Time of Energy Service rate sheet also reflects an increase of metering charges. Both energy and capacity payments are revised to reflect NSP's 1996 avoided costs. NSP is prepared to implement these changes two weeks after Commission approval.
TODAY, shall the Commission approve NSP's proposed revised rate sheets?
2. EL96-009 IN THE MATTER OF THE COMPLAINT FILED BY NORMAN W. SMITH, GARRETSON, SOUTH DAKOTA, AGAINST NORTHERN STATES POWER COMPANY REGARDING DISCONNECTION. (Consumer Representative: Leni Hook. Staff Attorney: Camron Hoseck.)
On June 4, 1996, the Commission received a complaint filed by Norman W. Smith, Garretson, South Dakota, (Complainant) against Northern States Power Company (Respondent) regarding a disconnection of Complainant's electricity. According to the Complaint, Respondent sent a disconnect notice to Complainant on May 24, 1996, for a past due account of $478.78. Complainant sought financial assistance from the Salvation Army and was informed that funds were available to pay all but $250.00 of the past due bill. Complainant offered to pay Respondent the amount owed on June 17, 1996. Complainant understood that Respondent was satisfied with this arrangement and no disconnection would occur provided payment was made on June 17, 1996. On June 3, 1996, however, Respondent disconnected Complainant's electricity. As a result of the Commission's intervention in this matter, Respondent agreed to reconnect Complainant and did so on June 4, 1996, pending the Commission's consideration of this matter. Complainant is asking the Commission to require Respondent to accept the original payment arrangement and to waive the $17.40 reconnection fee sought.
TODAY, does the Commission find probable cause of an unlawful or unreasonable act, rate, practice or omission to go forward with this complaint and serve it upon Respondent?
Natural Gas
1. NG96-013 IN THE MATTER OF THE COMPLAINT FILED BY JODIE HAACK, SIOUX FALLS, SOUTH DAKOTA, AGAINST MIDAMERICAN ENERGY COMPANY REGARDING A GAS BILL CHARGED TO HER. (Consumer Representative: Leni Hook. Staff Attorney: Karen Cremer.)
On June 4, 1996, the Commission received a complaint from Jodie Haack, Sioux Falls, South Dakota, (Complainant) against MidAmerican Energy Company (Respondent) regarding a gas bill charged to Complainant. According to the complaint, Complainant had notified Respondent in November, 1995, that she wanted services disconnected at her then current residence at the end of November, 1995, and she wanted services connected, on the same day, at her new residence. Complainant indicates that Respondent has sent her a bill for gas service to her previous residence for the period of December, 1995, through a portion of February, 1996. Respondent further notified Complainant that services would be disconnected at the new residence if the charges related to her old residence were not paid by June 4, 1996. Complainant submitted a letter from her previous landlord indicating that Complainant did not reside at the residence associated with Respondent's gas bill for the period of the bill. At the Commission's request, Respondent has stayed the disconnection of services to Complainant pending the Commission's consideration of this matter. Complainant is asking the Commission to prohibit the disconnection at her current residence and to remove her from liability for the bill associated with her previous residence.
TODAY, does the Commission find probable cause of an unlawful or unreasonable act, rate, practice or omission to go forward with this complaint and serve it upon Respondent?
Telecommunications
1. TC95-055 IN THE MATTER OF THE COMPLAINT FILED BY COCA-COLA BOTTLING COMPANY AGAINST U S WEST COMMUNICATIONS FOR LOSS OF SERVICE. (Consumer Representative: Leni Hook. Staff Attorney: Karen Cremer.)
On October 12, 1995, the Commission received a Motion to Postpone Hearing Date Scheduled for October 17, 1995, regarding this matter from U S WEST Communications, Inc. (U S WEST). According to the Motion: "The Parties have been in settlement negotiations in this matter and believe that an agreement has been reached. Therefore, a hearing is not necessary at this time." A regularly scheduled meeting of October 17, 1995, the Commission granted U S WEST's motion to postpone the hearing in this matter to give the parties time to reach a settlement. On May 29, 1996, the Commission received a signed acknowledgment from the Complainant indicating that he is satisfied with the offer made by Respondent and that he desires the docket to be closed.
TODAY, shall the Commission close this docket?
2. TC95-120 IN THE MATTER OF THE PETITION OF DAVID GLADER FOR EXTENDED AREA SERVICE BETWEEN COLTON, SOUTH DAKOTA, AND SIOUX FALLS, SOUTH DAKOTA. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)
On November 7, 1995, the Commission received a petition filed by David Glader, Susan Olson, and Jody Bentz for Extended Area Service between Colton, South Dakota, and Sioux Falls, South Dakota. Colton is served by Sioux Valley Telephone Company and Sioux Falls is served by U S WEST Communications, Inc. A Petition to Intervene was timely filed by the South Dakota Independent Telephone Coalition, Inc. (SDITC) on November 27, 1995. A regularly scheduled meeting of December 12, 1995, the Commission granted intervention to SDITC. A regularly scheduled meeting of February 21, 1996, the Commission ordered an expedited procedural schedule in this matter. On March 4, 1996, the Commission issued its order establishing a procedural schedule wherein all briefs were due on or before April 12, 1996. On March 22, 1996, both U S WEST and Sioux Valley Telephone Company submitted comments on the petition. In its comments, Sioux Valley Telephone Company has offered to allow the customers within the Colton exchange to determine, through balloting, whether one-way EAS should be provided. A regularly scheduled Meeting of April 2, 1996, the Commission decided to defer action on this matter for up to two months.
TODAY, Staff has an update.
3. TC95-122 IN THE MATTER OF THE REQUEST FOR ONE-WAY EXTENDED AREA SERVICE FROM DELL RAPIDS, SOUTH DAKOTA, TO SIOUX FALLS, SOUTH DAKOTA. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)
A regularly scheduled meeting of November 2, 1995, the Commission voted to open a docket to address the petition filed for one-way Extended Area Service from Dell Rapids, South Dakota, to Sioux Falls, South Dakota. Dell Rapids is served by Sioux Valley Telephone Company and Sioux Falls is served by U S WEST Communications. A Petition to Intervene was timely filed by the South Dakota Independent Telephone Coalition, Inc. (SDITC) on November 27, 1995. A regularly scheduled meeting of December 12, 1995, the Commission granted intervention to SDITC. A regularly scheduled meeting of February 21, 1996, the Commission ordered an expedited procedural schedule in this matter. On March 4, 1996, the Commission issued its order establishing a procedural schedule wherein all briefs were due on or before April 12, 1996. On March 22, 1996, both U S WEST and Sioux Valley Telephone Company submitted comments on the petition. In its comments, Sioux Valley Telephone Company has offered to allow the customers within the Dell Rapids exchange to determine, through balloting, whether one-way EAS should be provided. A regularly scheduled Meeting of April 2, 1996, the Commission decided to defer action on this matter for up to two months.
TODAY, Staff has an update.
4. TC96-010 IN THE MATTER OF THE SALE OF THE ALCESTER TELEPHONE EXCHANGE BY U S WEST COMMUNICATIONS, INC. TO BALTIC TELECOM COOPERATIVE, INC. (Staff Analyst: Dave Jacobson. Staff Attorney: Karen Cremer.)
On January 10, 1996, U S WEST Communications, Inc. ( U S WEST) and Baltic Telecom Cooperative, Inc. (Baltic) applied to the South Dakota Public Utilities Commission (Commission) for approval of the sale of U S WEST's Alcester exchange to Baltic. By Order dated March 1, 1996, the Commission granted intervention and set the hearing for March 19, 1996, in Alcester, SD. The hearing was held as scheduled on March 19, 1996. On April 23, 1996, the Commission voted to approve the sale of the Alcester exchange to Baltic Telecom Cooperative, Inc., through its subsidiary East Plains Telecom, Inc. (Commissioner Schoenfelder, dissenting). The Commission found that it is in the public interest to approve the sale because the sale will enable the customers in the Alcester exchange to be better served in the future. On June 5, 1996, the Commission received a request from U S WEST to provide it with a communication addressed to the FCC indicating that the Commission does not object to the FCC granting a study waiver being requested by the purchaser.
TODAY, shall the Commission provide a letter indicating it does not object to the study waiver requested?
5. TC96-018 IN THE MATTER OF THE APPLICATION OF ATHENA INTERNATIONAL, L.L.C. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Charlie Bolle. Staff Attorney: Karen Cremer.)
On January 29, 1996, the Commission received an application from Athena International, L.L.C. (Athena) for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. Athena proposes to offer MTS, out-WATS, in-WATS, Debit Card, Calling Card Services, along with various operator assisted services. No parties filed to intervene on or before the intervention deadline of February 16, 1996. A regularly scheduled meetings of March 12, 1996, May 14, 1996, and May 28, 1996, the Commission deferred action in this matter pending the receipt of additional financial information.
TODAY, shall the Commission grant Athena a Certificate of Authority?
A regularly scheduled January 23, 1996, meeting, the Commission opened a docket to inquire into the switched access rules found at ARSD Chapters 20:10:27 to 20:10:29, inclusive. To facilitate the investigation of this issue, the Commission requested all interested persons and entities to answer the following questions: 1) Do any of the above referenced switched access rules need to be modified? 2) If yes, which rules and what changes should be made? Submit all proposed rule changes with insertions into existing rules indicated by underscores and deletions from existing rules indicated by overstrikes. 3) How do these changes enhance the telecommunications industry? 4) Should there be any modifications to the Commission's cost study program? If so, what? To be considered, all comments were to be received no later than the close of business on April 22, 1996.
TODAY, Staff has an update.
7. TC96-079 IN THE MATTER OF THE APPLICATION OF PREFERRED CARRIER SERVICES, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Harlan Best. Legal Intern: Adam Reeves.)
On May 15, 1996, the Commission received an application by Preferred Carrier Services, Inc. (PCS) for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. According to its application, PCS proposes to offer 1+, 800, travel card, and prepaid card service as well as directory assistance to both business and residential users. PCS also proposes to offer dedicated inbound and outbound services to businesses. No parties filed to intervene prior to the intervention deadline of May 31, 1996.
TODAY, shall the Commission grant a Certificate of Authority to PCS?
8. TC96-080 IN THE MATTER OF THE APPLICATION OF HOST NETWORK, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Dave Jacobson. Legal Intern: Adam Reeves.)
On May 15, 1996, the Commission received an application by Host Network, Inc. (Host) for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. According to its application, Host proposes to provide switched and dedicated inbound and outbound, as well as calling card services to commercial and residential customers. No parties filed to intervene prior to the intervention deadline of May 31, 1996.
TODAY, shall the Commission grant a Certificate of Authority to Host?
9. TC96-081 IN THE MATTER OF THE APPLICATION OF A.B.T.S. INTERNATIONAL CORP. D/B/A INTELNET FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Hendrix. Legal Intern: Adam Reeves.)
On May 16, 1996, the Commission received an application by A.B.T.S. International Corp. d/b/a Intelnet for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. According to its application, Intelnet proposes to offer 1+, 800, travel card service, and directory assistance services. No parties filed to intervene prior to the intervention deadline of May 31, 1996.
TODAY, shall the Commission grant a Certificate of Authority to Intelnet?
10. TC96-083 IN THE MATTER OF THE APPLICATION OF FIRSTEL, INC. FOR AN AMENDED CERTIFICATE OF AUTHORITY TO PROVIDE LOCAL EXCHANGE SERVICE IN SOUTH DAKOTA. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)
On May 16, 1996, the Commission received an application by FIRSTEL, Inc. (FIRSTEL) to amend its Certificate of Authority to provide local exchange service. According to its application, FIRSTEL's ability to offer local services will depend on successful negotiations with U S WEST Communications and other local exchange companies. FIRSTEL proposes to provide local exchange service on a resale or facilities basis. U S WEST Communications, Inc, (U S WEST), the South Dakota Independent Telephone Coalition, Inc. (SDITC), and Dakota Cooperative Telecommunications, Inc. (DCT) filed timely petitions to intervene in this matter. The Commission held a prehearing conference in this docket and four other similar applications on May 28, 1996. A procedural schedule is forthcoming from the Commission on these applications.
TODAY, shall the Commission grant intervention to U S WEST, SDITC, and DCT?
News
1. Commission's Internet Home Page Now Provides Access To Current News
The Commission is pleased to announce that visitors to our Home Page now have access to recent Commission Orders, Agendas and News Releases. Also watch for more new data to be added and updated on a regular basis. The South Dakota Public Utilities Commission's Home Page address is http://puc.sd.gov/puc.htm
Announcements
1. Policy Analyst Steve Wegman will return from the Washington, D.C., conference on Implementing Electrical Retail Access on June 7.
2. General Counsel Rolayne Wiest will return from the Clearwater, Florida, Regulatory Attorneys Conference on June 8.
3. Pipeline Safety Program Manager Martin Bettmann will be conducting pipeline safety inspections in Mitchell, June 6; Freeman, June 7; Mobridge, June 10; Aberdeen, June 11; Huron, June 13; Watertown, June 14; Sioux Falls, June 17; Yankton, June 18; Sioux City, June 19-21; and Rapid City, June 25-26.
4. Policy Analyst Steve Wegman will meet with Black Hills Electric Cooperative and one of its customers in Keystone on June 11 to help resolve an informal complaint.
5. Chairman Ken Stofferahn will speak at the annual LAMPAC conference in Rapid City on the subject of electric deregulation on June 11.
6. The National Association of Counties is sponsoring a telecommunications conference to be broadcast over the RDTN network from noon to 2:00 p.m. on June 12.
7. A hearing in Docket No. TC96-028 is scheduled on June 12 at 3:30 p.m., in Room 412 of the State Capitol (a petition to withdraw has been filed in this docket and the hearing may be cancelled).
8. A hearing in Docket No. TC95-034 (EAS in the Black Hills) is scheduled for 2:00 p.m., June 13, in Room LCR-1 of the State Capitol.
9. The Commission will host a retirement picnic in honor of Grain Inspector Dick Gallup from 6:00 to 8:00 p.m. on June 13.
10. Staff Attorney Camron Hoseck will speak at the conference of the South Dakota Municipal League on June 14, at the Ramkota Inn in Pierre.
11. Commissioners Stofferahn and Burg and staff members Bill Bullard, Greg Rislov and Terri Lesmeister are planning to attend the MARC conference from June 15-19 in Chicago, Illinois.
12. Commissioner Laska Schoenfelder and Analyst Charlie Bolle are planning to attend a Federal/State Joint Board meeting on June 19 in Washington, D.C.
13. The Commission's legal staff are planning to attend the South Dakota State Bar Convention from June 19-21 in Sioux Falls.
14. The Commission will co-sponsor a presentation on advanced wireless communications with Kenwood Systems Group from 10:00 to noon on June 26 in Room 412 of the State Capitol.
15. The next regularly scheduled Commission meeting is Tuesday, July 9, at 10:00 a.m. in room 412 of the State Capitol.
William Bullard, Jr.
Executive Director
Thursday, June 6, 1996
