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PUBLIC UTILITIES COMMISSION MEETING
Tuesday, February 3, 1998; 10:00 A.M.
State Capitol Building, Room 430
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 Monday, February 2, 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 Meeting Held On January 20, 1998. (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 141 consumer contacts during 1998. 86 contacts have been recorded since the January 13, 1998, Commission meeting.
TELECOMMUNICATIONS: 80 contacts concerning telecommunications issues have been received since the last Commission meeting. 26 contacts involved the unauthorized switching of long distance service; 10 contacts concerned billing issues; 6 contacts requested an update in service; 5 contacts reported the assessment of incorrect rates; 4 consumers did not receive service when promised; 4 contacts involved poor service; 4 contacts involved disconnections; 4 contacts reported the unauthorized assessment for services; 3 contacts involved telemarketers; 2 contacts involved deposit issues; 2 consumers were double billed; 2 contacts involved service repair; and the remaining issues were concerning cut line charges, directory listings, internet access, Lifeline/LinkUp issues, party line service, and "other."
ELECTRICITY: 4 contacts concerning electricity were received. 2 contacts involved billing and 2 contacts involved disconnections.
GAS: 2 contacts involving natural gas were reported. Disconnection and high bills were the issues.
A total of 57 complaints have been resolved informally during 1998.
Gas/Electric
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?
Natural Gas
1. NG96-021 IN THE MATTER OF THE COMPLAINT FILED BY RICK AND JENNIFER GIEDD, MECKLING, SD, AGAINST PEOPLES NATURAL GAS FOR CHARGES RESULTING FROM A GAS LEAK. (Staff Engineer: Martin Bettmann. Staff Attorney: Karen Cremer.)
On October 7, 1996, the Commission received a complaint from Rick and Jennifer Giedd, Meckling, SD, (Complainants) against Peoples Natural Gas Company, a Division of UtiliCorp United Inc. (Respondent) for charges resulting from a gas leak. Complainants state in their complaint that on May 15, 1996, Respondent notified them that their gas line was leaking. Complainants discovered that the line was broken on their side of the meter, but in their neighbors field. Respondent billed Complainants for gas which allegedly escaped from the break in the approximate amount of $4,000.00. Complainants do not believe they are responsible for the escaped gas as the break was not on their property and the pipe-line was not buried at an adequate depth. Complainants are asking to be released from liability for the escaped gas and they do not believe they should be charged for the repair of the broken line. On October 18, 1996, Respondent filed a Motion to Dismiss Complaint with the Commission.
TODAY, how shall the Commission proceed?
Telecommunications
1. 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 in this matter until a determination of whether U S WEST should be allowed to increase its switched access rates based on its old cost study. A regularly scheduled meeting of June 12, 1996, the Commission reconsidered this matter in light of U S WEST's filing of a new cost study (TC96-107) which purported to support higher switched access rates. The Commission deferred action in this matter pending the disposition of Docket No. TC96-107. By Order dated January 31, 1997, the Commission disapproved U S WEST's proposed switched access rate increase and closed Docket No. TC96-107. The Commission's decision in TC96-107 was subsequently appealed and remanded and the Commission issued its final decision and order in this matter on December 3, 1997. At the December 18, 1997, Commission Meeting, the parties requested 30 days to try to reach an agreement.
TODAY, Staff has an update and how shall the Commission proceed?
2. 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 in this matter until a determination of whether U S WEST should be allowed to increase its switched access rates based on its old cost study. A regularly scheduled meeting of June 12, 1996, the Commission reconsidered this matter in light of U S WEST's filing of a new cost study (TC96-107) which purported to support higher switched access rates. The Commission deferred action in this matter pending the disposition of Docket No. TC96-107. By Order dated January 31, 1997, the Commission disapproved U S WEST's proposed switched access rate increase and closed Docket No. TC96-107. The Commission's decision in TC96-107 was subsequently appealed and remanded and the Commission issued its final decision and order in this matter on December 3, 1997. At the December 18, 1997, Commission Meeting, the parties requested 30 days to try to reach an agreement.
TODAY, Staff has an update and how shall the Commission proceed?
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.
TODAY, shall the Commission approve this filing?
On July 7, 1997, Electric Lightwave, 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 1+, business 800, business calling cards, and prepaid calling cards to the general public and to small and large business.
TODAY, shall the Commission grant a Certificate Of Authority to Electric Lightwave, Inc.?
On October 10, 1997, the Commission received a request from U S WEST Communications, Inc. for designation as an eligible telecommunications carrier. No parties have filed to intervene. The Commission held a public hearing for the above captioned docket on November 19, 1997. The final decision was issued on December 17, 1997. On January 8, 1998, U S WEST Communications, Inc. applied for a rehearing. "U S WEST respectfully requests that the Commission rehear and reconsider Finding of Fact XX, Conclusion of Law VI to the extent that it addresses single party service, and the FURTHER ORDERED provision relative to single party service on page 6 of the December 17, 1997, order in this docket to allow U S WEST to rely on the approved timetable as allowed by the FCC order."
TODAY, shall the Commission grant the request for reconsideration?
On December 12, 1997, ConnectAmerica, Inc. d/b/a Connect US filed for a Certificate Of Authority to operate as a telecommunications company within the state of South Dakota. The Applicant proposes to provide Message Toll Service, Incoming 800 and Travel Card services.
TODAY, shall the Commission grant a Certificate Of Authority to Connect US?
On December 17, 1997, U S WEST Communications filed to eliminate "the South Dakota Telephone Assistance and Link-Up programs, effective January 1, 1998, consistent with the Commission Order in Docket TC97-150. This filing also includes the FCC Lifeline program which will begin January 1, 1998. Changes have been made to the eligibility criteria for both the Telephone Assistance Plan and Link-Up Plans, as well as a change in the credit the customer receives. Also attached to the filing is a page from our Exchange and Network Services Catalog which adds language regarding Toll Restriction for Lifeline customers."
TODAY, shall the Commission approve the tariff revisions?
On January 26, 1998, all of the above dockets were opened against U S WEST Communications regarding updating lines. The Complainants have collectively complained of poor connections, noisy lines, double talk, static, lack of Internet connectivity, no caller ID, unable to add a second line, loss of phone service during electricity outage resulting in no emergency access (911), fax machines are slow or inoperable. The Complainants are requesting updated telephone lines in the Carpenter area.
TODAY, does the Commission find probable cause of an unlawful or unreasonable act, rate, practice or omission to go forward with these complaints and serve them upon the Respondent?
9. IN THE MATTER OF EXCESSIVE CONSUMER COMPLAINTS AGAINST BASIC LONG DISTANCE FOR QUESTIONABLE MARKETING PRACTICES AND UNAUTHORIZED SWITCHING OF LONG DISTANCE SERVICE. (Consumer Affairs: Leni Healy.)
At the December 18, 1997, Commission meeting, staff reported a concern over the increasing number of consumer complaints dealing with the company, Basic Long Distance. The Commission directed staff to obtain more information and provide an update at a future Commission meeting.
TODAY, Staff has an update.
Announcements
1. A public hearing is scheduled for January 30, 1998, at 11:00 a.m. in Sioux Falls, SD, at the County Commissioners Meeting Room at 415 N Dakota in Docket NG97-017 (Seeman v. MidAmerican).
2. Show cause hearings are scheduled for February 3, 1998, at 1:30 p.m. in Room 430 of the State Capitol for the failure of these companies to file the Gross Receipts Tax: Advanced Telecommunication Network; Fone America; Global Telecom Network; Inmate Communications Corp.; Network Services; Preferred Telecom; SmarTel; Telenational Communications; Total World Telecom; Universal Network Services; Utility Analysts, WATS/800; WorldTel Services; and Cellular Express.
3. Commissioners and staff will be attending a Connecting All Americans conference in Washington DC on February 24-27, 1998.
4. Commissioners will be attending the NARUC Winter Meetings on February 28-March 4, 1998 in Washington DC.
5. The next regularly scheduled Commission meeting will be held Thursday, February 19,1998, at 1:30 p.m. in Room 468 of the State Capitol Building.
_____________________
Sue Cichos
Business Manager
January 27, 1998
