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PUBLIC UTILITIES COMMISSION MEETING
August 18, 1997; 1:30 P.M.
State Capitol Building, Room 412
Pierre, South Dakota
Internet Home Page: http://puc.sd.gov/puc.htm
NOTE: If you wish to join this meeting by conference call, please contact the Commission at 605-773-3201 by noon on August 18, 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 Meetings Held On July 29 and July 31, 1997. (Staff: Shirleen Fugitt.)
Consumer Affairs
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Representative: Leni Healy.)
The Commission has received 887 consumer contacts during 1997. 80 contacts have been received since the July 29, 1997, Commission meeting.
TELECOMMUNICATIONS: 71 of the contacts involved telecommunication issues. 18 contacts involved the unauthorized switching of long distance service; 15 contacts concerned poor service; 10 contacts involved billing issues; 7 contacts involved disconnections; 5 contacts were classified as "other"; 4 contacts concerned wrong rates; 4 contacts did not obtain service when promised; 3 contacts involved sex line charges; and repair service, Internet access; unburied cable; telemarketers; and charges each had one contact.
ELECTRICITY: 2 complaints involving electricity were reported. 1 disconnection and 1 outage issue were reported.
NATURAL GAS: 7 complaints involving natural gas were reported. 3 disconnection issues were handled; 2 payment plan problems were reported; and 2 billing issues were raised.
A total of 600 complaints have been resolved informally during 1997
Natural Gas
On May 2, 1997, the Commission received a complaint filed by Adam Headrick (Complainant), Sioux Falls, South Dakota, against MidAmerican Energy Company (Respondent) regarding a bill for services which Complainant claims he did not receive. According to the complaint, Respondent is charging Complainant for natural gas services which were incurred at Complainant's previous address after he had both notified Respondent to disconnect services and moved from that address. Complainant is asking the Commission to remove his name from the account at the old address. The Commission found probable cause in this docket and a hearing was held on July 14, 1997, in Sioux Falls.
TODAY, what is the Commission's decision?
Electricity
On July 15, 1997, Northwestern Public Service filed tariff revisions with the Commission. "Sheet No. 21.1 and 21.2 are descriptive of Northwestern's new Extended Service Rider, Option L. Some of our large industrial customers expressed interest in developing long-term arrangements. Development of long-term relationships are to the benefit of the specific customer and to our system as a whole as the industry enters a more competitive environment."
TODAY, shall the Commission approve the tariff change or suspend it for up to 90 days?
On August 7, 1997, the Commission received a complaint from Linda LaPointe, Aberdeen, SD, against Northwestern Public Service regarding payment of a bill. The complaint describes the history of her service and payments with NWPS. The complaint went on to ask for time to catch up on the past due account. The commission now has information indicating that a resolution of this complaint has been reached.
TODAY, shall the Commission close the docket?
Telecommunications
1. TC96-200 IN THE MATTER OF THE APPLICATION OF DESTINY TELECOMM INTERNATIONAL, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Camron Hoseck.)
On December 13, 1997, Destiny Telecomm International, Inc. filed for a Certificate Of Authority to operate as a telecommunications company within South Dakota. The Applicant will provide both inter and intraLATA interexchange telecommunications services, but does not intend to provide operator services to the public market.
TODAY, shall the Commission grant a Certificate Of Authority to Destiny Telecomm International, Inc.?
On June 19, 1997, Crystal Communications, Inc. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. The Applicant seeks authority to provide local telecommunications services and interexchange telecommunications services. The Applicant will not offer any local telecommunications services within a Rural Telephone Company service area without seeking separate Commission authority.
TODAY, shall the Commission grant a Certificate Of Authority to Crystal Communications, Inc.?
On June 20, 1997, Call Plus, Inc. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "Applicant is a switchless reseller which intends to offer 1+ direct dialing, 800 toll free and travel card service (not prepaid calling cards) through the resale of telephone services provided by facilities-based interexchange carriers."
TODAY, shall the Commission grant a Certificate Of Authority to Call Plus, Inc.?
On June 25, 1997, Z-Tel, Inc. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. The Applicant seeks authority to provide MTS, out-WATS, in-WATS, and calling card services. Applicant does not intend to provide operator services, 900 or 700 services.
TODAY, shall the Commission grant a Certificate Of Authority to Z-Tel, Inc.?
On June 30, 1997, USA Tele Corp. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "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."
TODAY, shall the Commission grant a Certificate Of Authority to USA Tele Corp.?
On July 11, 1997, West River Telecommunications Cooperative, Hazen, ND (WRTC), filed cost study revenue requirements that are included in the Local Exchange Carrier Association switched access rate filing. WRTC requests that the Commission allow the use of GVNW's cost study model as opposed to the Commission model for revenue requirement and rate development. On July 29, 1997, U S WEST Communications, Inc. was granted intervention.
TODAY, shall the Commission approve of West River Telecommunications Cooperative using its own cost study?
On June 30, 1997, U S WEST Communications, Inc. filed for approval by the Commission of the Type 1 Paging Agreement between Community Paging Corporation and U S WEST. On July 22, 1997, Staff filed its Analysis and Recommendation with the Commission.
TODAY, shall the Commission approve the agreement?
On July 7, 1997, Access Point, Inc. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "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."
TODAY, shall the Commission grant a Certificate Of Authority to Access Point, Inc.?
On July 7, 1997, USBG, Inc. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "Applicant seeks authority to offer a full range of 1+ interexchange telecommunications services on a resale basis. Specifically, Applicant seeks authority to provide MTS, out-WATS, in-WATS and Calling Card services. Applicant does not intend to provide operator services, 900 or 700 services."
TODAY, shall the Commission grant a Certificate Of Authority to USBG, Inc.?
On July 7, 1997, U S WEST Communications, Inc. filed for approval by the Commission of the negotiated Interconnection Agreement between U S WEST and Dakota Telecom, Inc. and Dakota Telecommunications Systems, Inc. On July 22, 1997, Staff filed its Analysis and Recommendation with the Commission.
TODAY, shall the Commission approve the Interconnection Agreement.?
On July 14, 1997, Southwestern Bell Long Distance filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "Applicant seeks statewide authority to offer a full line of inbound, outbound, conference, directory assistance, calling card, prepaid calling card, and private line services to business customers and residential customers...Initially, the Applicant will not offer alternative operator services."
TODAY, shall the Commission grant a Certificate Of Authority to Southwestern Bell Long Distance?
On July 23, 1997, U S WEST Communications, Inc. filed for revisions to its exchange and network services tariff. The change will "standardize descriptions so that the service can be delivered consistently throughout the region. Additional language has been added to clarify how these services apply to various intercept possibilities. No rates are affected."
TODAY, shall the Commission approve the tariff revision?
13. IN THE MATTER OF THE FCC'S REPORT AND ORDER ON UNIVERSAL SERVICE REGARDING THE CHANGED AND EXPANDED LIFELINE AND LINK UP PROGRAMS. (General Counsel: Rolayne Wiest.)
In the FCC's Report and Order on Universal Service adopted on May 7, 1997, the FCC changed and expanded its Lifeline and Link Up programs. The FCC is providing for additional federal support in the amount of $1.75 above the current $3.50 level. In order for a state's Lifeline consumers to receive the additional $1.75 in federal support, the state must approve the reduction in the portion of the intrastate rate paid by the end user. Additional federal support may also be received in an amount equal to one half of any support generated from the intrastate jurisdiction, up to a maximum of $7.00 in federal support. Further, pursuant to 47 C.F.R. § 54.401(d), the state commissions must file or require the carrier to file information with the administrator of the federal universal service fund demonstrating that the carrier's Lifeline plan meets the criteria set forth in 47 C.F.R. § 54.401.
TODAY, shall the Commission open a docket to determine whether to approve intrastate rate reductions to allow consumers eligible for Lifeline support to receive the additional $1.75 in federal support? And, shall the Commission open a docket to determine whether it will modify its existing Lifeline and Link Up programs? Also, shall the Commission open a docket to determine how it will comply with 47 C.F.R. §54.401(d)?
Transportation/Warehouse
1. GD95-004 IN THE MATTER OF THE GRAIN DEALER BONDS OF ROGER LEE NAPTON A/K/A FREDERICK GRAIN D/B/A RINGNECK RANCH. (Staff: Ed Anderson. Staff Attorney: Camron Hoseck.)
On June 27, 1995, the Commission received a complaint from a South Dakota producer concerning Roger Napton, a grain dealer then licensed with the Commission. The complainant had not received payment for grain which he had sold to Mr. Napton. On July 13, 1995, Mr. Napton filed a petition for protection from his creditors under the U.S. Bankruptcy Code. Commission staff identified and contacted all known creditors who had sold grain to Mr. Napton to notify them of their right to file a claim against Mr. Napton's grain dealer bond. Fifteen claims have been received. On November 13, 1995, staff attorney Camron Hoseck filed a petition with the circuit court in Brown county asking the court to appoint the Commission as receiver of any bond proceeds. On November 13, 1995 the Commission was appointed as receiver of bond proceeds for two separate bonds. On December 1, 1996 the Commission held a hearing in Aberdeen, SD to hear the evidence of individuals who had filed claims against the grain dealer bonds. The hearing was reconvened on January 5, 1996, in Pierre, SD to hear additional evidence in this matter. On May 14, 1996, the court issued an order approving the Commission's proposed decision on the claims which directed the bonding company to pay $45,464.15 plus $831.64 in interest for distribution to the claimants. On the same day, cashiers checks were issued to the claimants.
TODAY, shall the Commission close the docket?
News
Chairman Burg has been appointed the chair of the new NARUC Washington Action Program. The Washington Action Program was redesigned to meet the goals of the NARUC and maximize the Association's influence and effectiveness in the nation's Capitol. The Program provides a framework for improving the visibility, credibility, and effectiveness of NARUC in representing the State consumers in the Congressional arena.
Bill Bullard has been appointed vice chair of the NARUC Staff Subcommittee on Executive Directors. The Staff Subcommittee on Executive Directors is charged with strengthening effective public regulation.
Announcements
1. A hearing in Docket TC97-062 is scheduled for August 26, 1997, at 10:00 a.m. in Room 412 of the State Capitol Building.
2. A hearing in Docket TC96-107 is scheduled for September 10-12, 1997, at 9:00 a.m. in Room 412 of the State Capitol Building.
3. The next regularly scheduled Commission meeting will be held Tuesday, September 9, 1997, at 10:00 a.m. in Room 412 of the State Capitol Building.
____________________________
Sue Cichos
Business Manager
August 13, 1997
PLEASE NOTE: There is an Addendum to this agenda.
