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South Dakota Public Utilities Commission Meeting
Thursday, October 15, 1998; 1:30 P.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 14, 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 Meeting Held On September 23, 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 2699 consumer contacts during 1998. 178 contacts have been received since the September 23, 1998, Commission meeting.
TELECOMMUNICATIONS: 154 of the contacts involved telecommunication issues. 42 contacts involved the unauthorized switching of long distance service; 22 contacts did not receive local service when promised; 15 contacts reported poor service; 12 contacts concerned the assessment of higher long distance rates than were promised; 8 contacts were classified as "other." 7 contacts reported deceptive telemarketers; 6 contacts involved excessive rates; 5 contacts involved the unauthorized billing of services; 5 contacts involved disconnections; 3 contacts involved assessment of fees; 3 contacts involved sex line calls; 3 billing issues were reported; 2 contacts involved double billing; 2 contacts involved rate issues; 2 contacts involved repair; 2 contacts involved transfers; and the remaining issues involved call forwarding, an 800 number, cell phones, charges, Internet outages, prepaid calling cards, refund, directory disclosure, and upgrades.
ELECTRICITY: 21 contacts involving electricity were reported. 8 disconnections were reported; 3 poor service issues were addressed; 2 contacts were classified as "other"; and the remaining issues involved credit, cross metering, high bill, late fee, meter error, repair, late payment, and placement of power poles.
NATURAL GAS: 3 contacts involving natural gas were reported. The issues addressed were gas odor, high rates, and "other."
A total of 1250 complaints have been resolved informally during 1998.
Natural Gas and ElectricOn September 17, 1998, the Commission received an application by MidAmerican Energy Company for an order by the Commission claiming jurisdiction over MidAmerican in order to be exempt from the Public Utility Holding Company Act. MidAmerican is being acquired by CalEnergy and as a result will have an indirect interest in several foreign utility properties. PUHCA provides that foreign utility companies will not be subject to regulation as utilities if certification by Regulatory Commissions is received by the Securities and Exchange Commission stating the Commission has the authority and resources to protect ratepayers subject to its jurisdiction and that it intends to exercise its authority to the fullest extent allowed by law.
TODAY, shall the Commission certify to the SEC its ability to protect South Dakota's ratepayers?
ElectricOn October 1, 1998, the Commission received a complaint by Lori Bult against Northern States Power Company. The Complainant outlines rude treatment and inconsistent information from the NSP call center on several occasions. Although the Sioux Falls Salvation Army, Heat Share and Interlakes Community Action representatives contacted the NSP call center on behalf of the Bult family, these contacts were not noted on the computer account notes. The Complainant requests the Public Utilities Commission to "examine how NSP handles their accounts, notes their PC system, and communicates with other NSP employees. It should also force NSP to reopen the Sioux Falls office to handle the customers from South Dakota. (Even the service representative who assisted with our disconnect received 3 different answers from NSP.) NSP also needs to train their reps to treat the customers with respect and dignity; we don't need to be humiliated and scolded by someone on the other end of the phone."
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 2, 1998, the Commission received a complaint by Ellen Medicine Horn against Northern States Power Company. The Complainant was billed $712.91 for charges resulting from a cross wired meter. The Complainant seeks the following relief: "I don't think I should pay all of this because it wasn't my fault about the mixed up meters. I have been paying my light bill. I should be charged from the time this got noticed."
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?
TelecommunicationsOn September 4, 1998, U S WEST Communications, Inc., filed a supplemental brief in support of its proposed interconnection agreement language. AT&T also filed a brief regarding the disputed issues. Also on September 4, 1998, AT&T filed an emergency motion for implementation of previous Commission orders or of undisputed portions of the interconnection agreement. In addition, both companies are requesting a Commission ruling on the disputed issues.
TODAY, shall the Commission reconsider its decision of September 23, 1998 regarding the emergency motion? If so, what is the Commission's decision? How shall the Commission proceed to resolve the disputed issues of the agreement? And, if the Commission determines a hearing in this docket is necessary shall it be scheduled for November 17-20, 1998?
AND
On September 4, 1998, AT&T filed to introduce AT&T Digital Link Service in its Local Exchange Service tariff for business customers. AT&T Digital Link Service permits local calling capability from a customer's premise utilizing Direct Outward Dialing over dedicated digital facilities. This tariff is filed with an effective date of October 5, 1998. Intervention was granted to DTG, DTI and DCT and the Executive Director was directed to establish a procedural schedule at the September 23, 1998 meeting.
TODAY, what is the Commission's decision?
On September 23, 1998, the Commission received an amended interconnection agreement between Dakota Telecom, Inc. and U S WEST Communications, Inc. This amendment adds or replaces language in the original agreement.
TODAY, shall the Commission approve the amended interconnection agreement?
On October 29, 1997, Ben Hofer, Carpenter, SD filed a complaint against U S WEST Communications, Inc. regarding updating lines. "We live in southern Spink County on the northern end of the Huron area phone line served by U S WEST. We experience frequent phone service outages. These most often happen when there is a weather change. The servicemen tell us that wind drives in snow and dirt in the boxes, or a drop of moisture which shorts out circuits. Mice also have caused outages by being in the boxes. Also, the servicemen tell us the relay equipment is of the oldest style, seldom found in use any more. Our internet connections are slow. The majority (33 of 50 connections) are in the 12,000 to 16,800 bps range. The low capacity of the phone lines may also relate to line noise and weak phone signals we experience. There are no more phone lines available for our use to our farm. Today's agri-business operation is relying increasingly on rapid communication to do business. On one phone line we have: phone, fax and internet, a family residence, a farm/ranch that produces a half million dollars of ag. products annually, and a farm/ranch Bed & Breakfast/farm vacation business (possibility farm)." I ask that the PUC grant the following relief: "PUC should mandate that U S WEST update the lines in our area so that we can operate our ag business, tourism business and personal business in an expedient manner. We need two more lines, which are presently unavailable, to our farm." On April 28, 1998, the Commission entered an order requiring U S WEST to install a digital line carrier system by "mid-July" to serve the Ben Hofer farm. On July 16, 1998, the Commission received a request from U S WEST to extend the completion date until October 31, 1998. In an order dated August 5, 1998, the Commission granted an extension of the completion date until September 1, 1998. On August 21, 1998, the Commission received a request from U S WEST to extend the completion date again due to a work stoppage. The Commission granted an extension until September 30, 1998 and applied a one thousand dollar fine for every day beyond September 30, 1998.
TODAY, staff has an update. And, if the work is complete, shall the Commission close the docket?
On April 27, 1998, Intrastate Telephone Company filed its Switched Access Revenue Requirement. Intrastate Telephone Company filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association (LECA). Intrastate Telephone Company joined LECA on March 3, 1998. No companies have filed to intervene.
TODAY, what is the Commission's decision?
On April 27, 1998, Stateline Telecommunications, Inc. filed its Switched Access Revenue Requirement. Stateline Telecommunications, Inc. filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association (LECA). Stateline Telecommunications, Inc. joined LECA on April 17, 1998. No parties have filed to intervene.
TODAY, what is the Commission's decision?
On April 29, 1998, Kennebec Telephone Company filed its Switched Access Revenue Requirement. Kennebec Telephone Company filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association. No parties have filed to intervene.
TODAY, what is the Commission's decision?
On April 30, 1998, Midstate Telephone Company and Heartland Communications, Inc. filed its Switched Access Revenue Requirement. Midstate Telephone Company and Heartland Communications, Inc. filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association (LECA). Heartland Communications, Inc. joined LECA on March 23, 1998. No parties have filed to intervene.
TODAY, what is the Commission's decision?
On April 30, 1998, Sanborn Telephone Cooperative and SANCOM, Inc. filed its Switched Access Revenue Requirement. Sanborn Telephone Cooperative and SANCOM, Inc. filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association (LECA). SANCOM, Inc. joined LECA on February 26, 1998. No parties have filed to intervene.
TODAY, what is the Commission's decision?
On April 30, 1998, Hanson Communications, Inc. d/b/a McCook Telecom. filed its Switched Access Revenue Requirement. Hanson Communications, Inc. d/b/a McCook Telecom filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association (LECA). Hanson Communications, Inc. d/b/a McCook Telecom joined LECA on February 23, 1998. No parties have filed to intervene.
TODAY, what is the Commission's decision?
10. TC98-089 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS RATES FOR SPLITROCK PROPERTIES, INC. (Staff Analyst: Bob Knadle. Staff Attorney: Karen Cremer.)
On April 30, 1998, Splitrock Properties, Inc. filed its Switched Access Revenue Requirement. Splitrock Properties, Inc. filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association (LECA). Splitrock Properties, Inc. joined LECA on March 26, 1998. No parties have filed to intervene.
TODAY, what is the Commission's decision?
On April 30, 1998, Stockholm-Strandburg Telephone Co. filed its Switched Access Revenue Requirement. Stockholm-Strandburg Telephone Co. filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association. No parties have filed to intervene.
TODAY, what is the Commission's decision?
12. TC98-093 IN THE MATTER OF THE ESTABLISHMENT OF SWITCHED ACCESS RATES FOR ROBERTS COUNTY TELEPHONE COOPERATIVE ASSOCIATION AND RC COMMUNICATIONS, INC. (Staff Analyst: Bob Knadle. Staff Attorney: Karen Cremer.)
On April 30, 1998, Roberts County Telephone Cooperative Association and RC Communications, Inc. filed its Switched Access Revenue Requirement. Roberts County Telephone Cooperative Association and RC Communications, Inc. filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association (LECA). RC Communications, Inc. joined LECA on April 14, 1998. No parties have filed to intervene.
TODAY, what is the Commission's decision?
On May 1, 1998, Mobridge Telecommunications Company filed its Switched Access Revenue Requirement. Mobridge Telecommunications Company filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association (LECA). Mobridge Telecommunications Company requests that the Commission allow the use of GVNW's cost study model as opposed to the Commission model for revenue requirement and rate development. No parties have filed to intervene.
TODAY, what is the Commission's decision?
On May 27, 1998, Beresford Municipal Telephone Company filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association. No companies filed to intervene.
TODAY, what is the Commission's decision?
On May 27, 1998, Baltic Telephone Cooperative filed a switched access cost study developing a revenue requirement that is included in the revenue requirement used to determine the switched access rates for the Local Exchange Carrier Association. No companies filed to intervene.
TODAY, what is the Commission's decision?
On June 1, 1998, Net2000 Group, Inc. filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "Net2000 proposes to offer a full range of 1+ interexchange services, including, but not limited to, MTS, private line, WATS, calling card, prepaid calling card, toll free, ISDN, and frame relay service products."
TODAY, shall the Commission grant a Certificate of Authority to Net2000 Group, Inc.?
On June 22, 1998, Colorado River Communications Corporation d/b/a CRC Long Distance filed for a Certificate of Authority to operate as a telecommunications company within the state of South Dakota. "Applicant proposes to offer switched and dedicated access '1 plus' long distance telecommunications services suitable for voice and limited data applications in the state of South Dakota. The applicant also proposes to offer '0 plus' alternative operator services. The applicant also proposes to offer prepaid calling card services. Advance payments are not required by the applicant."
TODAY, shall the Commission grant a Certificate of Authority to Colorado River Communications Corporation?
On July 23, 1998, the Commission received an application by Econophone, Inc. to transfer its Certificate of Authority issued in Docket TC96-095 on July 18, 1996, to its wholly-owned subsidiary, Econophone Services, Inc.
TODAY, shall the Commission approve the transfer of the Certificate of Authority of Econophone, Inc.?
On August 27, 1998, the Commission received a complaint by Lown House Restaurant against AT&T regarding consumer service issues. Complainant raises a variety of issues regarding service from AT&T. The complainant requests the following relief: "Reimburse the Lown House Restaurant and B&B for realistic business losses in the $8,000 to $9,000 range for which I am requesting payment from AT&T and FIRSTEL Communications."
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 September 21, 1998, the Commission received a complaint from Randy Kieffer, Sturgis, SD, against U S WEST regarding service problems. The complaint states several incidents of ongoing service problems and poor or slow response by U S WEST. The phone outages require the complainant to drive 26 miles to Sturgis to report the outage and to make necessary phone calls. The complainant paid $2,500 last year to have a telephone line installed. The complainant asks that U S WEST reimburse time and travel expenses for past and future phone outages or that U S WEST provide two cellular phones free of cost to be used when the outages occur.
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 September 23, 1998, the Commission received a complaint by Earl Waterland against Golden West Telecommunications Cooperative, Inc. The Complainant supports the complaint filed by Barry and Dawn Austin (TC98-179). The Complainant seeks the following relief: "I believe the coop should either make (an) exception in hardship case or do away with the policy on trailer houses entirely."
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 September 23, 1998, the Commission received a complaint by Barry and Dawn Austin against Golden West Telecommunications Cooperative, Inc. The Complainants allege that Golden West Telecommunications Cooperative, Inc. discriminates against mobile home owners in their line extension policy. The Complainants seek relief from such a policy.
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 September 30, 1998, the Commission received a complaint by Mitzi and Steve Moore against U S WEST Communications, Inc. The Complainants state that on August 1, 1998, they contacted U S WEST to transfer service to their new home on September 21, 1998. Service was not installed on that date. As a result, the Complainants have incurred expenses and do not have a land line. The Complainants are requesting compensation and installation of their line.
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?
24. TC98-181 IN THE MATTER OF THE COMPLAINT FILED BY MICHAEL F. MEYER, WATERTOWN, SOUTH DAKOTA, AGAINST U S WEST COMMUNICATIONS, INC., REGARDING DELAY IN SERVICE. (Staff Attorney: Camron Hoseck. Consumer Representative: Leni Healy.)
On September 30, 1998, the Commission received a complaint by Michael F. Meyer against U S WEST Communications, Inc. The Complainants state that on July 15, 1998, he contacted U S WEST to transfer service to his new home on September 21, 1998. Service was not installed on that date. As a result, the Complainant has incurred expenses and does not have a land line. The Complainant is requesting compensation and installation of his line.
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 THE EVENT OF AN OUTAGE OR DISASTER. (Staff Engineer: Martin Bettmann. Staff Attorney: Camron Hoseck.)
On July 5, 1995, the Commission opened a 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. A August 18, 1998, meeting the Commission requested written copies of the utilities' written procedures. Not all utilities have complied with this request.
TODAY, does the Commission wish to order the filing of this information in accordance with SDCL 49-34A-41 for gas and electric and SDCL49-31-7.1 for telecommunications?
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. And, how will the Commission proceed?
News
PROPOSED TELECOMMUNICATIONS RULES
The hearing will be held at 8:30 a.m., on November 2, 1998, in Room 412, State Capitol, Pierre, South Dakota.
If you do not have access to the internet, you may call 1-800-332-1782 or write to the South Dakota Public Utilities Commission, 500 East Capitol, Pierre, South Dakota 57501 to request a copy of the rules or notice.
Announcements
- The Commission offices will be closed on October 12, 1998, in observance of Native American's Day.
- Hearings for the 17 companies who failed to file the Gross Receipts Tax and Form will be held Tuesday, October 20, 1998, in the Capitol Building.
- Commissioner Burg will be attending the GRI conference in Washington DC on October 21-22, 1998.
- The hearing for the proposed Telecommunications Rules will be held November 2, 1998, in Room 412 of the Capitol Building.
- Commissioners and Staff will be attending the NARUC meetings in Orlando, FL, November 7-12, 1998.
- The next regularly scheduled Commission meeting will be held Tuesday, November 3, 1998, at 1:30 p.m. in Room 412 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
October 7, 1998
