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PUBLIC UTILITIES COMMISSION MEETING
October 28, 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 October 27, 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 October 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 has received 1265 consumer contacts during 1997. 72 contacts have been received since the October 9, 1997, Commission meeting.
TELECOMMUNICATIONS: 62 contacts involved telecommunications. 20 contacts involved the unauthorized switching of long distance service; 16 billing issues were raised; 4 contacts involved not getting telephone service when promised; 4 contacts involved 900#s; 3 contacts involved charges for psychic hot line calls; 3 contacts concerned telemarketers; 2 contacts involved disconnections; 2 contacts reported poor service; 2 contacts involved wrong rates; and the remaining contacts involved deposits, excess construction fees, Internet charges, fees, changing of local service, and a company which wouldn't disconnect service.
ELECTRICITY: 7 contacts involving electricity were reported. 5 contacts involved disconnections; and 2 billing issues were raised.
NATURAL GAS: 3 contacts involving natural gas were reported. 2 contacts involved disconnections; and 1 billing issue was handled.
A total of 875 complaints have been resolved informally during 1997.
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 proposed tariff?
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?
On October 9, 1997, the Commission received proposed revisions to its Gas Sales And Gas Transportation Tariffs from MidAmerican Energy Company. "One of the main purposes of this filing is to unify and to simplify MidAmerican's Transportation tariffs and make procedures and provisions more uniform across MidAmerican territories." "Another provision that MidAmerican will be offering to transport customers is a new technology in the form of an online electronic bulletin board." "MidAmerican is proposing to add an operational provision called the Operational Flow Order (OFO) which results in calling a critical day condition on a limited zone, group of customers or specific customer rather than calling a critical day condition on the whole system." "MidAmerican is adding language to explain the procedure that the Company will use to determine gas imbalance volumes when different nominations were sent to the Company versus to the interstate pipeline by the Customer."
TODAY, shall the Commission approve the proposed tariff revisions?
On October 10, 1997, the Commission received a complaint from Darrell Seeman, Sioux Falls, SD, regarding transferring unpaid balances to his account. The complaint states: "MidAmerican Energy transferred gas bills over on two rental properties owned by myself and others to myself at my business address then transferred the bills to my home account, 1808 Edgewood Road." "On October 9th, 1997, the gas was shut off at Edgewood Road." The Complainant would like the gas turned back on and to not let the utility transfer bills to my home account.
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 October 17, 1997, the Commission received a complaint from Susan and Vanessa Cobb against MidAmerican Energy Company (Respondent). The complaint indicates that the Respondent has been discriminating against Vanessa Cobb due to the complaints filed by Ms. Cobb. Vanessa Cobb received a disconnect notice from the Respondent. The Complainant is asking for help making payment arrangements on this account.
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?
Telecommunications
On November 20, 1996, the Commission received a filing from AT&T Communications of the Midwest, Inc. (AT&T) pursuant to 47 U.S.C. 252(b)(1) to arbitrate open issues related to its interconnection negotiations with U S WEST Communications, Inc. (U S WEST). U S WEST filed its response on December 16, 1996. On January 10, 1997, the Commission issued an Amended Procedural Schedule; Order for and Notice of Hearing. In the Amended Procedural Schedule, the Commission scheduled a prehearing conference for January 13, 1997. The prehearing conference was held as scheduled. On January 17, 1997, the Commission received a Joint Procedural Agreement submitted by U S WEST. By Order dated January 22, 1997, the Commission adopted the Joint Procedural Agreement. The hearing was held on February 3, 1997, through February 7, 1997. On February 26, 1997, AT&T and U S WEST each filed a Post-Hearing Brief and a matrix of unresolved issues. On March 5, 1997, each party filed a Re al Brief and Findings of Fact and Conclusions of Law. On March 20, 1997, the Commission issued its Findings of Fact and Conclusions of Law; Order and Notice of Entry of Order in this matter. On April 21, 1997, U S WEST and AT&T filed separate proposed interconnection agreements and AT&T filed a Motion for Reconsideration/Modification of Order with the Commission. A ad hoc meeting of April 28, 1997, the Commission heard comments from the parties and took the matter under advisement. On September 12, 1997, an agreement for network interconnection and service resale between AT&T and US WEST was filed with the Commission. There are several disputed items remaining in this agreement. On October 20, 1997, U S WEST filed a motion for Administrative Notice of the 8th Circuit Court Order Dated October 14, 1997.
TODAY, how shall the Commission proceed?
On March 27, 1997, the Commission received an application by RSL COM U.S.A., Inc. for a Certificate Of Authority to operate as a telecommunications company within the state of South Dakota. "RSL proposes to offer four types of service: presubscribed direct dial interexchange service, inbound Wide Area Telecommunications Service; Directory Assistance; and Prepaid Card Service." No companies have filed to intervene.
TODAY, shall the Commission grant RSL COM U.S.A., Inc. a Certificate of Authority?
On August 15, 1997, U S WEST Communications, Inc. filed an application for approval to offer a promotion to its toll customers. U S WEST Communications is planning to offer a promotion to toll customers beginning September 4, 1997. The promotion will be targeted to residential customers currently using direct dialing and business customers using direct dialing or Optional Calling Plans. Customers subscribing to this Plan will be charged a monthly rate for which they receive unlimited toll usage on their intrastate intraLATA station-to-station calls....Customers must enroll in the promotion within 60 days of the effective tariff date and will be offered this rate up to December 31, 1998. U S WEST reserves the right to discontinue the promotion prior to that date. Qualifying customers will be called via a telemarketing firm or through direct mail notification. AT&T and Dakota Telecommunications Group, Inc. were granted intervention. On September 29, 1997, AT&T filed a motion to withdraw.
TODAY, shall the Commission grant AT&T's motion to withdraw? And, shall the Commission approve U S WEST's toll promotion?
On August 29, 1997, Intelnet Services Of North America, Inc. filed an application for a Certificate Of Authority with the Commission. Intelnet proposes to provide One-Plus Service, Direct Access Service, 1-800 Service and Travel Service. No companies have filed to intervene.
TODAY, shall the Commission grant a Certificate Of Authority to Intelnet Services Of North America, Inc.?
On September 10, 1997, ACSI Local Switched Services, Inc. filed an application for a Certificate Of Authority with the Commission. "ACSI seeks authority to provide a full range of interexchange services, including MTS, dedicated MTS, toll free, dedicated 800 access, calling card, debit card, audioconferencing and operator- assisted services." No parties have filed to intervene.
TODAY, shall the Commission grant a Certificate Of Authority to ACSI Local Switched Services, Inc.?
On October 13, 1997, U S West Communications, Inc. filed proposed revisions to its exchange and network services tariff. U S WEST Communications filed to add $.90 for the Touchtone
roll-in to the Smart PAL. This increase was applied to Basic PAL Service "but was not applied to Smart Public Access Line due to the fact that the Commission had not issued an approved order on the Smart PAL rate schedule. This change will be effective October 14, 1997." No parties have filed to intervene.
TODAY, shall the Commission approve the tariff revisions?
7. IN THE MATTER OF SETTING PERMANENT PRICES, TERMS, AND CONDITIONS FOR INTERCONNECTION WITH U S WEST COMMUNICATIONS, INC. (General Counsel: Rolayne Wiest.)
In its Order on Reconsideration in Docket TC96-184, the Commission stated that the prices, terms, and conditions set by the Commission in the U S WEST/AT&T arbitration were interim prices, terms, and conditions. The Commission stated that it would open a new docket to set permanent prices, terms, and conditions for interconnection with U S WEST.
TODAY, shall the Commission open a docket to set permanent prices, terms, and conditions for interconnection with U S WEST?
8. IN THE MATTER OF THE FAILURE OF CERTAIN TELECOMMUNICATIONS COMPANIES TO TIMELY FILE GROSS RECEIPTS TAX. (Business Manager: Sue Cichos.)
The following companies have failed to timely file their gross receipts tax as required by SDCL 49-1A:
Advanced Telecommunication Network, Inc.
Caribbean Telephone & Telegraph d/b/a The Long Distance Company
Cellular Express, Inc.
Central Payphone Services, Inc.
Citizens Telecommunications Company
Econophone, Inc.
Fone America, Inc.
GTN Corp. d/b/a Global Telecom Network
Inmate Communications Corporation
Midwest Fibernet, Inc.
Network Services, Inc. d/b/a Long Distance Network Services, Inc.
Preferred Telecom
Reliance Telephone Systems, Inc.
SmarTel Communications, Inc.
Telecare, Inc.
Telecom USA d/b/a Teleconnect Co.
Telenational Communications Limited Partnership
Total National Telecommunications, Inc. d/b/a Total World Telecom
U S X Consultants, Inc.
Universal Network Services Of South Dakota, Inc.
Utility Analysts, Inc. d/b/a Basic Long Distance
WATS/800, Inc. d/b/a ITS
WorldTel Services, Inc.
TODAY, shall the Commission issue an Order to Show Cause as to why the Commission should not revoke the Certificates of Authority of each of the aforementioned companies for failure to pay the requisite gross receipts tax?
Announcements
1. October 19-21, 1997, Commissioner Nelson will be attending a meeting/tour at Yucca Mountain.
2. October 22-23, 1997, Commissioner Burg will be attending the GRI meeting in Arlington, VA.
3. A public hearing is scheduled for October 27, 1997, at 10:00am in Rapid City in Docket TC97-107.
4. A hearing in Docket TC97-150 is scheduled for 1:00pm on October 27, 1997, in Rapid City.
5. The hearing in Docket TC97-150 will be continued beginning at 1:30pm on October 28, 1997, in Room 412 of the State Capitol in Pierre.
6. The hearing in Docket TC97-150 will be continued beginning at 9:00am in Sioux Falls on October 29, 1997.
7. A hearing in Docket TC97-062 is scheduled for November 3, 1997 at 1:30pm in Room 464 of the State Capitol in Pierre.
8. The next regularly scheduled Commission meeting will be held Tuesday, November 18, 1997, at 10:00 a.m. in Room 464 of the State Capitol Building.
____________________________
Sue Cichos
Business Manager
October 21, 1997
