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PUBLIC UTILITIES COMMISSION MEETING
Thursday, January 8, 1998; 10:00 A.M.

State Capitol Building, Room 464

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 January 7, 1998.

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 December 11, 12, 18 and 30, 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 1565 consumer contacts during 1997. 81 contacts have been received since the December 18, 1997, Commission meeting.

TELECOMMUNICATIONS: 76 contacts involved telecommunications. 45 contacts involved the unauthorized switching of long distance service; 9 billing issues were addressed; 6 contacts were classified as "other", 3 consumers reported that they did not get service when requested; 3 contacts involved poor service; 2 contacts concerned double billing; 2contacts involved assessing incorrect rates; 2 contacts involved telemarketing tactics; 1 contact involved late fees; 1 contact concerned nuisance calls; 1 contact involve a promotion; and 1 contact involved a free psychic service.

ELECTRICITY: 2 contacts involving electricity disconnections were handled.

NATURAL GAS: 3 contacts involving natural gas were reported. 2 contact involved a malfunctioning meters and 1 contact was concerned late fees.

A total of 1065 complaints have been resolved informally during 1997.

Gas/Electric

1. GE97-002 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF ITS GUIDE TO ENERGY SERVICES PAMPHLET. (Staff Analyst: Dave Jacobson. Staff Attorney: Camron Hoseck.)

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?

2. GE97-005 IN THE MATTER OF THE FILING BY MIDAMERICAN ENERGY COMPANY FOR APPROVAL OF REVISIONS TO ITS TARIFFS. (Staff Analyst: Dave Jacobson. Staff Attorney: Camron Hoseck.)

On December 8, 1997, MidAmerican Energy Company filed proposed tariffs to offer an Excess Facilities Rider to both electric and natural gas customers. The electric tariff will be applicable to all electric customers. The gas tariff will be applicable to gas sales and transportation service customers. MidAmerican is requesting the approval be effective January 1, 1998. MidAmerican has received requests from gas customers for this service in order to combine distribution facilities and eliminate the need for more than one gas meter. The cost of the excess facilities would be directly charged to the customer requesting this service.

TODAY, shall the Commission approve the tariff changes?

Telecommunications

1. TC96-189 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: Tammi Stangohr. Staff Attorney: Camron Hoseck.)

On November 27, 1996, the Commission received an application by Athena International, L.L.C. for a Certificate of Authority to provide telecommunications services in South Dakota. Athena seeks to provide MTS, out-WATS, in-WATS, Calling Card, Debit Card and Operator services.

TODAY, shall the Commission approve the Certificate Of Authority for Athena International, L.L.C.?

2. TC97-023 IN THE MATTER OF THE APPLICATION OF ATLAS COMMUNICATIONS, LTD. FOR AN AMENDED CERTIFICATE OF AUTHORITY TO PROVIDE RESOLD LOCAL EXCHANGE SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi Stangohr. Staff Attorney: Camron Hoseck.)

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.

TODAY, shall the Commission approve the amended Certificate Of Authority for Atlas Communications, LTD.?

3. TC97-056 IN THE MATTER OF THE FILING BY KADOKA TELEPHONE CO. FOR SWITCHED ACCESS TARIFF REVISIONS. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

On May 19, 1997, Kadoka Telephone Co. filed switched access rate changes which reflect the recent Federal Communications Commission pay phone reclassification and deregulation. The requested effective date is April 15, 1997.

TODAY, shall the Commission approve the switched access rates?

4. TC97-059 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS RATES FOR WEST RIVER COOPERATIVE TELEPHONE COMPANY. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

On May 30, 1997, West River Cooperative filed cost study revenue requirements that are included in the Local Exchange Carrier Association switched access rate filing.

TODAY, shall the Commission approve the switched access revenue requirement?

5. TC97-060 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS RATES FOR SOUTH DAKOTA NETWORK, INC. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

On June 2, 1997, South Dakota Network, Inc. (SDN) filed cost study revenue requirements and tariff sheet revisions for a rate reduction in Centralized Equal Access and switched transport. South Dakota Network is requesting an effective date of July 1, 1997.

TODAY, shall the Commission approve the switched access rates?

6. TC97-061 IN THE MATTER OF THE FILING BY THE LOCAL EXCHANGE CARRIERS ASSOCIATION FOR SWITCHED ACCESS TARIFF REVISIONS. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

On June 2, 1997, the Local Exchange Carriers Association (LECA) filed switched access tariff revisions. The purpose of these revisions is to implement the changes in rates as necessitated by member companies' revenue requirements as set forth in Commission filings. Revised tariff No. 1 pages were received on December 17, 1997.

TODAY, shall the Commission approve the switched access rates?

7. TC97-063 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS RATES FOR VALLEY TELECOMMUNICATIONS COOP. ASSN. (Staff Analyst: Tammi Stangohr. Staff Attorney: Karen Cremer.)

On June 4, 1997, Valley Telecommunications Coop. Assn. filed cost study revenue requirements that are included in the Local Exchange Carrier Association switched access rate filing. On December 16, 1997, 1996 Revised Cost Study information was received.

TODAY, shall the Commission approve the switched access revenue requirement?

8. TC97-064 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS RATES FOR MIDSTATE TELEPHONE COMPANY. (Staff Analyst: Bob Knadle. Staff Attorney: Karen Cremer.)

On June 4, 1997, Midstate Telephone Company filed cost study revenue requirements that are included in the Local Exchange Carrier Association switched access rate filing. Revisions to its 1996 Cost Study were received on November 12, 1997.

TODAY, shall the Commission approve the switched access revenue requirement?

9. TC97-065 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS RATES FOR MCCOOK COOPERATIVE TELEPHONE COMPANY. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

On June 4, 1997, McCook Cooperative Telephone Company filed cost study revenue requirements that are included in the Local Exchange Carrier Association switched access rate filing. Revisions to the 1996 Cost Study were received on November 12, 1997.

TODAY, shall the Commission approve the switched access revenue requirement?

10. TC97-118 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS RATES FOR WEST RIVER TELECOMMUNICATIONS COOPERATIVE. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)

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. The Commission allowed the use of GVNW's cost study model as opposed to the Commission model for revenue requirement and rate development. A revised 1996 Cost Study was received on November 14, 1997. A revised Cost Study was received on December 15, 1997 and on December 22, 1997, the Cost Study certification form and final version of Exhibit A were received.

TODAY, shall the Commission approve the switched access revenue requirement?

11. TC97-175 IN THE MATTER OF THE FILING BY U S WEST COMMUNICATIONS, INC. FOR APPROVAL OF REVISIONS TO ITS EXCHANGE AND NETWORK SERVICES TARIFF. (Staff Analyst: Tammi Stangohr. Staff Attorney: Camron Hoseck.)

On October 31, 1997, U S WEST Communications filed to revise the language for Termination Liability Charges in the General Regulations section of its Exchange and Network Services Tariff. The reason for the change is "to put the charge in the contracts for the specific services. USWC proposes an effective date of December 1, 1997." No parties have filed to intervene.

TODAY, shall the Commission approved the tariff revisions?

12. TC97-189 IN THE MATTER OF THE APPLICATION OF CONSOLIDATED COMMUNICATIONS NETWORKS, INC. FOR A CERTIFICATE OF AUTHORITY TO PROVIDE TELECOMMUNICATIONS SERVICES IN SOUTH DAKOTA. (Staff Analyst: Tammi

Stangohr. Staff Attorney: Camron Hoseck.)

On December 1, 1997, the Commission received an application by Consolidated Communications Networks, Inc. for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. Applicant seeks authority to provide "Dialed Domestic Message Telecommunications Services, and Calling Card Service."

TODAY, shall the Commission grant a Certificate Of Authority to Consolidated Communications Networks, Inc.?

13. TC97-192 IN THE MATTER OF U S WEST COMMUNICATIONS, INC. AND ITS ABILITY TO SERVE SOUTH DAKOTA CUSTOMERS. (Staff Analyst: Harlan Best. Staff Attorney: Camron Hoseck.)

In its Petition for Order to Show Cause, filed December 12, 1997, Commission staff stated that by failing to provide adequate service, USWC could endanger the health, safety, and welfare of South Dakota citizens if those citizens cannot reach, for example, emergency numbers, doctors, hospitals, police and fire protection. Further, the inability of citizens and businesses to have telecommunications services timely installed and be otherwise reliable affects economic development and commerce and the welfare of the entire state of South Dakota. The convenience of the public can be and is negatively affected. The foregoing factors raise questions as to the competency, sufficiency and quality of management of USWC in South Dakota and the taxpayers in South Dakota, to prevent out-of-service conditions and to otherwise manage USWC in a manner which delivers reliable service in a timely manner to its customers and those wanting to become its customers.

TODAY, shall the Commission issue an order to Show Cause directing U S WEST and its appropriate corporate officers and employees to appear before the Commission and demonstrate the financial, managerial and technical ability of U S WEST to continue to provide telecommunications services in South Dakota and why certain remedies contained in the Petition for an Order To Show Cause as filed in this docket should not be imposed upon U S WEST?

14. TC97-200 IN THE MATTER OF THE COMPLAINT FILED BY JEROME JACOBS, PIERRE, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING HAVING AN EXTRA LINE INSTALLED. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)

On December 24, 1997, Jerome Jacobs filed a complaint against U S WEST Communications, Inc. regarding having an extra line installed. The Complainant states that he "would like to have an extra line for present and future development. U S WEST said I would have to pay for this line and service at a very high cost." Mr. Jacobs is requesting that U S WEST pay for this installation.

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?

News

1. The Commission's 1996 Annual Report is available on-line. The report can be accessed on the Commission's home page. The Commission's home page address is: http://www.puc.sd.gov

Announcements
  1. January 1, 1998, the Commission Office will be closed in observance of New Year's Day.
  2. January 13, 1998 is the first day of the Legislative Session.
  3. January 15-18, 1998, Commissioners will be attending a MARC meeting in San Antonio.
  4. The next regularly scheduled Commission meeting will be held Tuesday, January 20,1998, at 10:00 a.m. in Room 430 of the State Capitol Building.

Sue Cichos

Business Manager

December 31, 1997