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South Dakota Public Utilities Commission Meeting
Tuesday, August 18, 1998; 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 August 17, 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.
1. Approval Of The Minutes Of The Commission Meeting Held On August 4, 1998. (Staff: Shirleen Fugitt.)
Consumer Affairs1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Leni Healy.)
The Commission has received 2220 consumer contacts during 1998. 317 contacts have been received since the July 23, 1998, Commission meeting.
TELECOMMUNICATIONS: 302 of the contacts involved telecommunication issues. 192 of the contacts concerned the unauthorized switching of long distance service; 21 contacts involved billing issues; 12 contacts involved billings at the wrong rate; 9 contacts involved deceptive telemarketing; 9 contacts concerned the unauthorized billing of services; 8 contacts involved poor service; 7 contacts involved prepaid calling cards; 5 contacts involved disconnections; 4 contacts involved adult entertainment charges; 4 repair problems were reported; 3 contacts could not get service when promised; 3 deceptive collect calls were reported; 2 contacts reported double billing; 2 contacts wanted service upgrades; the remaining issues concerned access charges, cable installation, Caller ID, boundary changes, directory listings, transfer of service, second line charges, credit, deceptive sales, demand meter, deposit, harassing call, local slamming, outage, pay phone charges, rate changes, rate increases, reconnect fees, and sales tax.
ELECTRICITY: 10 contacts involving electricity were reported. 2 contacts involved disconnection, 2 contacts concerned repairs; 2 contacts were classified as "other"; and the remaining issues were high bills, billing, and refusal to serve.
NATURAL GAS: 5 contacts involving natural gas were reported. The issues were disconnection, won't disconnect, indebted household, sales tax, and "other."
A total of 859 complaints have been resolved informally during 1998.
Electric1. EL93-009 IN THE MATTER OF THE INVESTIGATION INTO THE EFFECT OF ELECTRIC AND MAGNETIC FIELDS (EMF). (Staff Analyst: Steve Wegman.)
At a public meeting held on February 9, 1993, the Commission moved to open an investigation into the effects of electric and magnetic fields (EMF). The Commission solicited comments regarding the following questions: 1. Does today's scientific evidence and public concern regarding EMF indicate that some action by the Commission is warranted to avoid exposure to EMF? 2. If the answer to the first question is yes, what is the most appropriate policy that the Commission should adopt to avoid exposure to EMF given today's evidence and the options available and further given limits to the Commission's jurisdiction? 3. What are the best methods to reduce EMF exposure risk from all sources (transmission lines, distribution lines, substations, house wiring and appliances)?
TODAY, staff has a final report. And, how shall the Commission proceed?
On 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?
On July 9, 1998, the Commission received a complaint by Rob Thorson against Northwestern Public Service Company (NWPS) regarding reimbursement for expenses incurred. Complainant alleges that his appliances and equipment were damaged by a power surge caused when NWPS severed an electrical cable while installing a gas line. Complainant states that he is seeking monetary damages, that the electrical line is still exposed and he is asking the Commission to do all it can to resolve the problem.
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?
Telecommunications1. TC95-044 IN THE MATTER OF THE INVESTIGATION INTO THE CAPABILITIES OF U S WEST COMMUNICATIONS, INC. TO PROTECT THE PUBLIC FROM SERVICE DISRUPTIONS. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)
On May 24, 1995, a fiber-optic cable belonging to U S WEST Communications, Inc. was severed near Mitchell, South Dakota. On May 30, 1995, at its regularly scheduled meeting, the Commission voted to open an investigative docket to study the redundant capabilities available to USWC and to explore the options available to protect the public from further service disruptions. On June 27, 1995, another fiber-optic cable was severed, this time near Chamberlain; and, once again, telecommunications services were disrupted within the state. On July 5, 1995, Commission Staff recommended expanding the scope of this Docket so as to incorporate all telecommunications providers owning or leasing a network within the state. Intervention was granted to SDITC.
TODAY, how shall the Commission proceed?
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 June 25, 1998, Eagle Telecom, Inc. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "Applicant is a reseller which intends to offer 1+ direct dialing, 800/888 toll free, travel card and prepaid calling card service through the resale of telephone services provided by facilities-based interexchange carriers."
TODAY, shall the Commission grant a Certificate Of Authority to Eagle Telecom, Inc.?
On June 9, 1998, Susan Schamber, Freeman, SD, filed a complaint against Dakota Telecommunications Group (DTG) regarding internet services. "We have been internet customers of DTG since Feb.11, 1998. We had very good service until the end of March. At that time our internet began cutting out on us approximately every 2 minutes. DTG has records of how long our connection times were. We have made numerous calls to both DTG and our phone company, Golden West, trying to find out what the problem is and getting it resolved....Golden West tells me DTG has new modems and these modems can't keep up with the demand and DTG says they've had the modems since November with no problems until this time." What do you think the Commission should do to solve this problem? "We would like to know who is disconnecting our internet. We aren't getting straight answers. DTG should also quit advertising the $14.95 unlimited rate if they can't give that service. I also want our bill credited since we are not receiving adequate service." On August 10, 1998, the Commission received a letter from Susan Schamber asking that her complaint be withdrawn.
TODAY, shall the Commission close this docket based on Susan Schamber's request that her complaint be withdrawn?
5. TC98-127 IN THE MATTER OF THE COMPLAINT FILED BY TEL-SAVE, INC. AGAINST U S WEST COMMUNICATIONS, INC. REGARDING VIOLATION OF SECTIONS 201(B) AND 202 OF THE COMMUNICATIONS ACT OF 1934, AS AMENDED, AND VIOLATION OF S.D. CODIFIED LAWS SECTION 49-31-11. (Staff Analyst: Harlan Best. Staff Attorney: Karen Cremer.)
On July 6, 1998, Tel-Save, Inc., filed a complaint against U S WEST Communications, Inc., regarding Violation of Sections 201(b) and 202 of the Communications Act of 1934, as amended, and Violation of S.D. Codified Laws Section 49-31-11. Tel-Save requests that the Commission order U S WEST to cease and desist from imposing unreasonable requirements on lifting of customer PIC freezes, requiring that U S WEST accept e-mailed requests to lift PIC freezes, both directly from end-user customers and as forwarded by TSI; and providing such other and further relief as the Commission deems necessary and appropriate.
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 July 13, 1998, the Commission received a complaint by Wilson Enterprises, Inc. against U S WEST regarding updating lines. "We are being served by old, antiquated telephone equipment. U S WEST has us on an "anaconda" phone system due to a lack of physical pairs of wires. With this system, we are unable to use or access any digital services, including Caller ID." Complainant requests the following relief: "Require U S WEST to provide newer, fast, more reliable and digital service to the phone numbers associated with our main number: 605-574-2684."
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 3, 1998, the Commission received a complaint by Dwayne Blomster, against U S WEST regarding updating lines. The complaint alleges: outdated lines and equipment; unable to make use of full computer services; static and noise on the lines; frequently out of phone services; and, poor and slow e-mail service. The complainant is asking for updated lines and service as quickly as possible with less trouble and better service.
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?
8. TC98-142 IN THE MATTER OF THE COMPLAINT FILED BY W. JOSEPH CLAFLIN, RAPID CITY, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC. REGARDING UPDATING LINES. (Consumer Representative: Leni Healy. Staff Attorney: Karen Cremer.)
On July 31, 1998, the Commission received a complaint by W. Joseph Claflin against U S WEST regarding updating lines. The complaint states: "As President of Edelweiss Mountain Improvement Association, I represent 54 homeowners and 49 potential homebuilders on Edelweiss Mountain Development, three and one-half miles west of Hi-Way 385 at the Black Forest Inn turnoff. I am writing on behalf of the users of the 75 phone lines in our community. Since moving to Edelweiss in June, 1997, and having been elected President of this Association, members of this Association have complained about our poor phone service and the inability to effectively connect to Internet services. After making numerous phone calls to various U S WEST personnel during the fall and winter of 1997-98, without satisfaction in improved phone quality, I wrote to the PUC [February 2, 1998]. During the fall of 1997 a number of residents attempted to take advantage of some of the "class services" provided by U S WEST but were told on a number of occasions that we are guaranteed only a dial tone. It seems that the "switching tower" at the entrance of our development, is unable to provide anything more than voice communication. This system, a "slick 40" system, was installed in the early 1970's and has not been updated since.... The people who live in this development, permanently or seasonally, have been paying, for the past 25 years, the same phone charges that exist in urban areas, but have been receiving poor phone service through antiquated equipment." Other issues outlined include termination of phone conversations with loud screeching or static and access to the Internet is almost impossible. The residents of Edelweiss Mountain community request that U S WEST install upgraded telecommunications equipment that will put them at the same level of efficiency as those U S WEST customers in Rapid City. And, "we request that an upgrade in equipment and service be completed within the next year as our emergency phone needs, Internet access, day to day communications requirements, and our proposed business use, are all in jeopardy without reasonable communications capabilities."
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?
Miscellaneous1. MS95-002 IN THE MATTER OF THE INVESTIGATION OF EMERGENCY NOTIFICATION PROCEDURES OF SOUTH DAKOTA ELECTRIC, TELEPHONE, AND NATURAL GAS UTILITIES IN EVENT OF AN OUTAGE OR DISASTER. (Staff Engineer: Martin Bettmann. Staff Attorney: Camron Hoseck.)
On July 5, 1995, the Commission opened an investigative docket to evaluate current emergency procedures which electric, telephone and gas utilities use. Of specific interest was how customers of the utilities are notified in the event of service outages which may occur due to mechanical failure or natural causes.
TODAY, staff has its final report. And, how shall the Commission proceed?
2. INVESTIGATION INTO THE YEAR 2000 COMPUTER PROBLEM AND THE POTENTIAL AFFECT ON THE PROVISIONING OF UTILITY SERVICE IN SOUTH DAKOTA. (Analyst Intern: Kylie Tracy. Staff Engineer: Martin Bettmann.)
Commission staff was asked to investigate the status of the regulated utilities in South Dakota and report on the utilities' efforts towards mitigating the potential problems posed by the Y2K computer problem.
TODAY, staff will present a report on the investigation results and give recommendations regarding possible courses of action to be taken by the Commission.
Announcements- Camron Hoseck will be attending the NARUC Regulatory Studies Program in Michigan from August 1- 14, 1998.
- Commissioner Burg is attending a GRI meeting in Chicago from August 9-11, 1998.
- August 14, 1998, is Legal Intern Ethan Meaney's last day at the Commission.
- August 18, 1998, is Tammi Stangohr's last day with the Commission.
- A public hearing in Docket TC98-114 (Kennebec Telephone Sale of Stock), will be held on August 18, 1998 at 2:00 p.m. in Kennebec, South Dakota.
- The Commission's Consumer Outreach Booth will be at the State Fair September 1-7, 1998.
- The Commission offices will be closed on Monday, September 7, 1998, in observance of Labor Day.
- A public hearing in Docket TC98-111 (DTI as an ETC), will be held on September 14, 1998, at 1:30 p.m. in Room 412 of the State Capitol.
- Commissioners and Staff will be attending the NARUC electric Forum in Houston, TX, September 16- 18, 1998.
- Rolayne Wiest will be attending a Regulatory Takings seminar in San Francisco, CA, September 24-25, 1998.
- Bill Bullard will be attending an Executive Director's meeting in Minneapolis, MN, September 27-29, 1998.
- OSS training is tentatively being scheduled for September 27-28, 1998, in Sioux Falls, South Dakota.
- The Telecom Leadership Forum is scheduled for September 30-October 1, 1998, in Aberdeen, South Dakota.
- Commissioners and Staff will be attending the ROC meeting October 4-6, 1998, in Denver, CO.
- The next regularly scheduled Commission meeting will be held Thursday, September 10, 1998, at 10:00 a.m. in Room 412 of the State Capitol Building.
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Sue Cichos
Deputy Executive Director
August 10, 1998
