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PUBLIC UTILITIES COMMISSION MEETING
Wednesday, April 22, 1998; 2:00 P.M.
State Capitol Building, Room 468
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 Tuesday, April 21, 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.
Administration
1. Approval Of The Minutes Of The Commission Meetings Held On April 6, April 9 and April 13, 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 615 consumer contacts during 1998. 101 contacts have been received since the April 9, 1998, Commission meeting.
TELECOMMUNICATIONS: 96 of the contacts involved telecommunication issues. 41 contacts involved the unauthorized switching of long distance service; 9 contacts involved the unauthorized billing for services; 9 contacts dealt with assessment of wrong rates; 6 contacts involved billing issues; 5 contacts involved service issues; 3 contacts were classified as "other;" 3 contacts did not receive service when promised; 2 contacts involved assessment of fees; and the remaining issues were # intercept, credit, deposit, double billing, equal access, high rates, local slamming, psychic line calls, static fields, taxes, telemarketing, and won't disconnect.
ELECTRICITY: 4 contacts involved electricity. Billing, deposit, disconnect, and power pole placement.
NATURAL GAS: 1 contact involving natural gas was reported. High billing was the issue.
A total of 336 complaints have been resolved informally during 1998.
ElectricOn January 14, 1998, Paul Muth, Mitchell, SD, filed a complaint against Northwestern Public Service (NWPS) regarding an accounting of costs. The complaint states: "NWPS was at the Palace Mall in Mitchell at 3:50pm on January 8, 1998. They were using a utility pickup with a bucket on it to work on the parking lot lights. We want to see the accounting in writing to show what they charged the private side of their business. They were actually there all day we were told later. Just show us the accounting procedure in writing - nothing more, nothing less." The complainant requests that actual accounting of cost in the books for the utility versus the private venture side of their business are being allocated correctly.
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?
Natural GasOn December 16, 1997, Northern States Power Company filed an application for an order establishing a natural gas local distribution utility, and to establish initial natural gas transportation rates. The initial rate will allow NSP-SD to serve the new Hutchinson Technology, Inc. (HTI) facility in the Sioux Empire Development Park Number 5 in eastern Sioux Falls, SD through a new distribution lateral pipeline. HTI had contacted NSP-SD and requested the proposed service. The proposed tariff, rate schedule and form of service agreement would establish NSP-SD as a regulated utility in the State of South Dakota, subject to Commission jurisdiction. The proposed maximum rate is a volumetric rate per Mcf with a per month fixed customer service charge. At present, only HTI is affected by the proposed rate and tariff. The HTI plant is expected to be in commercial operation in February of 1998. In its January 28, 1998, Order, the Commission allowed NSP to flow gas through its pipeline, subject to refund, in order to accommodate HTI. At the January 12, 1998, Commission meeting, Commissioner Schoenfelder asked for clarification as to whether the Commission has jurisdiction to regulate NSP-SD as a gas utility. Intervention has been granted to MidAmerican Energy. An intervention request was also received from PAM Natural Gas. On April 7, 1998, NSP filed an amended application. On April 15, 1998, MidAmerican Energy filed an amended motion to intervene.
TODAY, does the Commission find that the Company is a natural gas utility subject to regulation by the Commission? Also, shall the Commission approve the interventions of PAM Natural Gas and MidAmerican Energy? And, shall the Commission set a procedural schedule?
TelecommunicationsOn May 14, 1997, the Commission received the petition of MCI and AT&T to certify all LECs as to Compliance with FCC payphone orders. "MCI and AT&T hereby file this petition to investigate compliance of all certificated local exchange companies (LECs) with the Federal Communications Commission (FCC) orders on payphone reclassification. Specifically, MCI and AT&T request that the Commission determine and certify whether all certificated LECs have met all state-specific requirements identified in the FCC's orders." On June 24, 1997, the Commission denied a motion to dismiss from U S WEST Communications, Inc.
TODAY, shall the Commission set a procedural schedule?
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?
On February 2, 1998, FaciliCom International, L.L.C. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "Petitioner will initially provide (i) dedicated access service to telecommunications carriers and commercial customers, and (ii) prepaid card service to and from all points within the state of South Dakota to residential and business customers, and may, at sometime in the future, add resold direct-dialed message and credit card service offerings to business and residential customers, or other service offerings consistent with its business interests and subscriber demand."
TODAY, shall the Commission grant a Certificate Of Authority to FaciliCom International, L.L.C.?
On February 6, 1998, CommNet Cellular, Inc. and Accent Communications Inc. submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. Any person wishing to comment on the parties' request for approval could do so by filing written comments with the Commission and the parties to the agreement no later than March 5, 1998. Parties to the agreement could file written responses to the comments no later than March 26, 1998. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Armour Independent Telephone Company submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Baltic Telecom Cooperative submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Beresford Municipal Telephone Company submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Bridgewater-Canistota Independent Telephone Company submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and East Plains Telecom., Inc. submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Faith Municipal Telephone Company submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Golden West Telecommunications Cooperative, Inc. submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Hanson Communications, Inc. d/b/a McCook Telecom submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Hanson County Telephone Company submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Heartland Communications, Inc. submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Interstate Telecommunications Cooperative, Inc. submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Intrastate Telephone Company submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and James Valley Cooperative Telephone Company submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Kennebec Telephone Company Inc. submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and McCook Cooperative Telephone Company submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Midstate Telephone Company submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Mobridge Telecommunications Company submitted a copy of the contract entered into between the parties for a wireless interconnection agreement. On March 24, 1998, Staff filed its analysis and recommendation.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and RC Communications, Inc. submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Roberts County Telephone Cooperative Association submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Sanborn Telephone Company submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and SANCOM Inc. submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Sioux Valley Telephone Company submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Splitrock Properties, Inc. submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Splitrock Telecom. Coop., Inc. submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Stateline Telecommunications, Inc. submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Stockholm-Strandburg Telephone Company submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Sully Buttes Telephone Coop., Inc. submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Union Telephone Company submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Valley Cable & Satellite Communications, Inc. submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Valley Telecommunications Coop. Assn., Inc. submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Venture Communications, Inc. submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Vivian Telephone Company d/b/a Golden West Communications, Inc. submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
37. TC98-050 IN THE MATTER OF THE FILING BY SOUTH DAKOTA INDEPENDENT TELEPHONE COALITION FOR APPROVAL OF RECIPROCAL TRANSPORT AND TERMINATION AGREEMENT BETWEEN COMMNET CELLULAR, INC. AND WEST RIVER COOPERATIVE TELEPHONE COMPANY. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)
On February 6, 1998, CommNet Cellular, Inc. and West River Cooperative Telephone Company submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and West River Telecommunications Cooperative submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On February 6, 1998, CommNet Cellular, Inc. and Western Telephone Company submitted a copy of the contract entered into between the parties for a wireless interconnection agreement.
TODAY, shall the Commission approve the Reciprocal Agreement?
On April 1, 1998, U S WEST Communications, Inc. filed to correct inconsistent Tariff Information Management code headers and to make other minor text changes in its Exchange and Network Services Tariff and Access Service Tariff. "No terms, conditions or rate changes have occurred in this filing."
TODAY, shall the Commission approve the tariff changes?
Announcements- A show cause hearing regarding Basic Long Distance is scheduled for 9:00 a.m., on April 16, 1998, in Room 412 of the State Capitol Building.
- Commissioners Burg and Nelson will be attending the NRRI/NARUC Commissioner's Summit in Denver on April 19-21, 1998.
- A public hearing in Docket EL98-004 (City of Pierre) is scheduled for 8:15 a.m., on April 22, 1998, in Room 468 of the State Capitol Building.
- Staff and Commissioner Burg will be attending the ROC meeting in Salt Lake City, Utah, on April 25-27, 1998
- Bill Bullard will be attending meetings in Atlanta on April 25-28, 1998.
- The PUC Pipeline Safety Program is hosting a Small Operators Seminar and Regulations and Code Compliance Seminar at the Kings Inn, Knights Room, Pierre, SD, on April 28-30, 1998.
- The next regularly scheduled Commission meeting will be held Tuesday, May 12, 1998, at 10:00 a.m. in Room 468 of the State Capitol Building.
_____________________
Sue Cichos
Business Manager
April 15, 1998