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PUBLIC UTILITIES COMMISSION MEETING
September 25, 1997; 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. on September 24, 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 Held On September 9, 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 received 1142 consumer contacts during 1997. 192 contacts were received since the September 9, 1997, Commission meeting.
TELECOMMUNICATIONS: 180 contacts involved telecommunications. 95 involved the unauthorized switching of long distance service, 49 billing issues were raised, 6 involved 900 # calls, 6 consumers didn't get service as promised, 5 involved disconnections, 4 were classified as "other", 2 contacts reported poor service, 2 telemarketing contacts were made, 2 contacts involved wrong rates, and one contact was reported for each of the following issues: excess construction, inside wiring costs, fees, leased equipment, nuisance calls, payment plan, rates, reconnection, and service.
ELECTRICITY: 9 contacts involving electricity were reported. 5 contacts involved disconnections, 2 billing issues were raised, 1 bad meter was reported, and 1 contact was classified as "other."
NATURAL GAS: 3 contacts involving natural gas were reported. 1 contact concerned billing, 1 contact involved disconnection, and 1 contact concerned poor service.
A total of 696 complaints have been resolved informally during 1997.
Electricity
On September 5, 1997, the Commission received a filing from the Town of Pickstown asking for approval of a Limited Waiver of Service Territory Agreement between it and Charles Mix Electric Association, Inc. Pickstown intends to provide electrical services to a metering and connection point where street lighting is required at the location of the spillway boat ramp, located south of Pickstown.
TODAY, shall the Commission approve the limited waiver requested by the parties?
Gas and Electric
On September 2, 1997, the Commission received a filing by MidAmerican Energy Company for its proposed Guide to Energy Services which would be provided to new customers (and existing customers upon request) at no charge.
TODAY, shall the Commission approve this filing?
Natural Gas
On August 29, 1997, the Commission received a filing by Northwestern Public Service (NWPS) for approval of revisions to its Natural Gas Tariff. The revision includes a new fuel retention percentage proposed to be effective October 1, 1997. NWPS also requests a waiver of the Commission's notice requirements.
TODAY, shall the Commission waive its applicable notice requirements? And, shall the Commission approve NWPS's tariff revision?
On September 5, 1997, the Commission received an application from Associated Milk Producers, Inc. Pipeline, Inc. (Applicant). Applicant is requesting a revision to its natural gas transportation rate and tariff so it may serve both AMPI and the new municipal gas utility to be owned and operated by the City of Freeman, South Dakota. AMPIP is proposing an effective date for its requested rates no later than 30 days from the date of filing, or October 5, 1997, in time for the 1997-1998 heating season.
TODAY, shall the Commission assess a filing fee not to exceed $100,000? Also, shall the Commission establish an intervention deadline and direct the executive director to establish a procedural schedule? And, shall the Commission suspend the proposed effective date of the tariffs?
Rulemaking
1. RM97-002 - IN THE MATTER OF THE ADOPTION OF RULES FOR STANDARDS OF CONDUCT FOR LOCAL DISTRIBUTION COMPANIES AND THEIR MARKET AFFILIATES. (Staff Attorney: Karen Cremer.)
By its order of August 14, 1996, the Commission ordered Staff to promulgate proposed rules pertaining to the establishment of standards of conduct for local distribution companies, their agency business and affiliated marketing entities. Proposed rules were provided to interested parties, and a hearing was held on August 13, 1997. Interested parties filed comments with the Commission following the hearing.
TODAY, how shall the Commission proceed?
Telecommunications
On January 15, 1997, the Commission received an application by U S WEST Communications, Inc. (U S WEST) to introduce Smart Public Access Line (Smart PAL) on a flat and message rated monthly recurring and non-recurring basis to its Exchange and Network Services Tariff. According to the application: "The introduction of Smart PAL is intended to meet the requirements in the FCC Order 96-388 (Paragraphs 146 and 147) as modified in FCC Order 96-439 (Paragraph 163) to provision a coin line for use by all Payphone Service Providers who wish to place a "dumb" payphone set on the line. The coin line has traditionally been used only by U S WEST Public Services. In addition, this filing proposed withdrawing language in the tariff which regulates the operational characteristics of Payphone Service Provider pay telephones. The effective date requested for this filing is April 15, 1997." An intervention deadline of January 31, 1997, was established. On April 15, 1997, the Commission granted late filed intervention to Gemini Companies, Inc. (Gemini). On July 28, 1997, the Commission conducted a hearing in this matter.
TODAY, shall the Commission approve U S WEST's SmartPAL filing?
On February 20, 1997, U S WEST Communications, Inc. (USWC) filed to place the portion of the Centrex 21 Analog Station Line in its Exchange and Network Services Tariff. Centrex 21 is an offering targeted to small and medium sized businesses which incorporates value added voice features and functions in a standard package. USWC intends to implement this service on March 19, 1997. On March 3, 1997, the Commission received cost information. No interventions were filed. A regularly scheduled meeting of July 29, 1997, the Commission deferred this matter.
TODAY, shall the Commission approve this filing?
On March 25, 1997, the Commission received a complaint from Netway Advertising (Complainant) located in White River, South Dakota, against Golden West Telecommunications Cooperative, Inc. (Respondent) regarding installation fees and rates. By order dated April 28, 1997, the Commission found probable cause and directed Respondent to answer the complaint. A procedural notice was issued on July 22, 1997, establishing a hearing date of August 1, 1997. On July 30, 1997, prior to the scheduled hearing, Complainant filed a request with the Commission to withdraw the complaint. Also on July 30, 1997, the Commission issued an order for continuance of the hearing. Following this order, Commission Staff continued investigating this complaint.
TODAY, shall the Commission approve Complainant's withdrawal and dismiss this complaint?
On May 5, 1997, the Commission received an application by RRV Enterprises, Inc. d/b/a Consumer Access for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. Consumer Access proposes to offer MTS, Incoming 800 and Travel Card services. No parties have intervened.
TODAY, shall the Commission grant Consumer Access a Certificate of Authority?
On June 9, 1997, the Commission received an application by LCI International Telecom Corp. (LCI) for an amended Certificate of Authority to provide local exchange telecommunications services within the state of South Dakota. According to the application: "The services that LCI intends to offer will be an adjunct to the intrastate interexchange services that LCI currently provides statewide. Initially, LCI plans to offer service through resale arrangements with incumbent local exchange carriers (LECs)....LCI plans to commence offering service immediately upon the establishment of the appropriate and necessary resale arrangements with the incumbent LECs." No interventions have been filed.
TODAY, shall the Commission grant LCI an amended Certificate of Authority?
On June 10, 1997, the Commission received an application by Speer Virtual Media, Ltd. (SVM) for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. The applicant proposes to provide inbound, outbound, directory assistance, conference, calling card, and prepaid calling card services to presubscribed business customers. Applicant does not and will not offer alternative operator services. No interventions have been filed.
TODAY, shall the Commission grant SVM a Certificate of Authority?
On June 25, 1997, the Commission received an application by MFS Network Technologies, Inc. (MFS) for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. No interventions were filed.
TODAY, shall the Commission grant MFS a Certificate of Authority?
On July 28, 1997, the Commission received an application by Accutel Communications, Inc. (Accutel) for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. Accutel proposes to offer a full range of 1+ interexchange telecommunications services on a resale basis. Specifically, Accutel proposes to provide MTS, out-WATS, in-WATS, and Calling Card Services. Applicant does not intend to provide operator services, 900 or 700 services. No interventions have been filed.
TODAY, shall the Commission grant Accutel a Certificate of Authority?
9. TC97-138 - IN THE MATTER OF THE APPLICATION OF KCI LONG DISTANCE, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Karen Cremer.)
On August 1, 1997, the Commission received an application by KCI Long Distance, Inc. (KCI) for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. The Applicant proposes to provide WATS, 800, travel card and debit card services. KCI does not intend to provide 900 or 700 services. No interventions have been filed.
TODAY, shall the Commission grant KCI a Certificate of Authority?
On July 28, 1997, Gemini Companies, Inc. filed a complaint against U S WEST Communications, Inc. regarding the cost of basic public access lines. Gemini purchases Basic Public Access Lines from U S WEST and eight other local exchange companies in South Dakota. "U S WEST requires the use of metered, or message-based rate in areas where their equipment allows them to measure service. The effect of this requirement is that our average monthly U S WEST phone bills in South Dakota are $10 to $14 higher than our U S WEST monthly phone bills in the other states and $22 per month higher than our monthly average of phone bills from the eight other South Dakota companies. In each case the service received is identical: basic dial tone with certain screening and blocking features. [Gemini] asks that the Commission mandate the use of the flat rate and eliminate the measured-service required rate." A regularly scheduled meeting of September 9, 1997, the Commission deferred action in this matter.
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 the Respondent?
On August 8, 1997, the Commission received an application by International Telecommunications Corp. d/b/a Discount Direct Dialing for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. According to the application: "ITC presently provides interstate "switchless resale" in several states. ITC is extending its service to meet the intrastate needs of its customers in several states and is filing the requisite applications in all other states to be certified as required. ITC proposes to provide service throughout the state." No interventions were filed.
TODAY, shall the Commission grant Discount Direct Dialing a Certificate of Authority?
On August 15, 1997, Terry Nagel filed a complaint with the Commission against U S WEST Communications regarding telephone service. "On the morning of June 10, 1997, I called U S WEST to begin telephone service. At that time, they said a connector would be sent in 2 days to service us. No one arrived. When we called back, they said a new line would have to be run. (Our residence had a previous phone number, but it had been disconnected.) They estimated a target date of June 30. Another call, after that date stated July 30 work was back logged. Another call on August 1st now pushed a connect date to September 12, because they did not have cable on hand. This is over 3 months from the date of first contact. They did offer us a credit or a cellular phone. But because of the location of our house between two mountains, that type of phone is inoperable....[I ask the Commission to] fine U S WEST per day of no service and to get us a financial settlement for our inconvenience. We are only here until August 12, 1997, we will be returning to our other home..." A regularly scheduled meeting of September 9, 1997, the Commission deferred action in this matter.
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 the Respondent?
On August 22, 1997, the Commission received a filing by U S WEST Communications to revise the method of toll rounding for Message Toll Service. Currently when a computed rate results in a fractional charge, it is rounded down. This revision rounds to the closest cent. U S WEST Communications intends to implement this change on September 18, 1997. No interventions were filed.
TODAY, shall the Commission approve U S WEST's filing?
On August 29, 1997, the Commission received a filing by U S WEST Communications, Inc. (U S WEST) for approval of modifications to its pay telephone language pursuant to the Telecommunications Act of 1996, Section 276, Provision of Payphone Services. According to the filing: "This [tariff revision] ensures that the tariff accurately reflects the federal deregulation of payphone services and that the products and services offered by U S WEST Communications to Payphone Service Providers are offered under equal terms and conditions....U S WEST Communications requests an effective date of September 29, 1997." An intervention deadline of September 19, 1997, was established.
TODAY, In the event that petitions are filed, shall the Commission grant interventions? And, shall the Commission approve U S WEST's requested tariff revisions?
Announcements
1. Policy Analyst Steve Wegman will speak at the Fall Member Services of SDREA on September 25, 1997, in Pierre.
2. Policy Analyst Steve Wegman will be conducting energy efficiency seminars at the Black Hills Fall Remodeling Show from September 27-28, 1997, in Rapid City.
3. Commissioners and Staff will participate in the 1997 Telecommunications Leadership Forum from September 30-October 2, 1997, in Mitchell.
4. Commissioners and Staff will attend the ROC meeting from October 5-7, 1997, in Rapid City.
5. The next regularly scheduled Commission meeting will be held Thursday, October 9, 1997, at 10:00 a.m. in Room 412 of the State Capitol Building.
6. Fixed Utilities Director Greg Rislov and Consumer Affairs Director Leni Healy will make presentations on the Telecommunications Act of 1996 and Utility Disconnections, respectively, at the Annual Conference of the South Dakota Municipal League from October 8-10, 1997.
____________________
William Bullard Jr.
Executive Director
September 19, 1997
Please see addendum to this agenda.
