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South Dakota Public Utilities Commission Meeting
Thursday, March 25, 1999; 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 March 24, 1999. Please keep in mind that a limited number of telephone lines are available. Every effort should be made for parties in the same city to be on the same line when calling in.
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 March 3, 9, and 11, 1999. (Staff: Shirleen Fugitt.)
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Leni Healy.)
The Commission has received 514 consumer contacts during 1999. 132 contacts have been received since the March 9, 1999, Commission meeting.
TELECOMMUNICATIONS: 112 of the contacts involved telecommunication issues. 24 contacts concerned poor service; 17 contacts involved the unauthorized switching of long distance service; 8 contacts concerned billing issues; 8 contacts involved the unauthorized billing for services; 5 contacts involved disconnections; 5 contacts requested information; 5 contacts did not receive promised rates; 5 contacts could not get disconnected; 4 contacts involved fees; 4 contacts involved installation; 4 contacts concerned telemarketers; 3 contacts involved double billing; 3 contacts concerned switching problems; and the remaining issues concerned 900 numbers, access codes, blocking, cell phones, EAS, easements, equal access, held orders, local slamming, inmate phone charges and pay phone rates.
ELECTRICITY: 18 of the contacts involved electricity issues. 9 of the contacts involved disconnection; 2 contacts concerned payment plans; and the remaining issues were billing, deposit, late billing, meter variance and other.
NATURAL GAS: 2 contacts involving natural gas were reported. Those issues involved gas rates and a disconnection.
A total of 318 complaints have been resolved informally during 1999.
On February 23, 1999, the Commission received a complaint from Olan Garcia on behalf of A Little Bit Of Italy, against Black Hills Power and Light Company. The Complainant claims that payment arrangements were made which included cancellation of an automatic bank payment option. The Complainant further claims that Black Hills Power and Light did not cancel the automatic bank payment function which caused the Complainant's bank account to become overdrawn. Service was disconnected and Black Hills Power and Light Company has assessed a deposit for restoration of service. The Complainant seeks the following relief: "We should be allowed to go on regular payments without a deposit."
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 February 22, 1999, the Commission received a complaint from Vince Wienk on behalf of All Star Travelers Inn, against AT&T Communications of the Midwest. The Complainant claims that a motel guest was able to charge calls to the motel even though the motel had blocks to prohibit such charges. The Complainant seeks the following relief: "This type of phone fraud should not be allowed. If this type of phone misuse cannot be stopped then motel owners need to be notified."
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 Gas
On November 23, 1998, MidAmerican Energy Company filed with the Commission an application for authority to increase natural gas rates in South Dakota. The application seeks an overall increase in rates in the amount of $3,218,414 or approximately 6.5%. The Company has requested a change in rates to become effective for billings after December 23, 1998. On January 29, 1999, the Commission approved staff's proposed contract with a consultant. On March 11, 1999, staff filed a petition to extend suspension of imposition of tariff with the Commission.
TODAY, shall the Commission grant the petition to extend suspension of imposition of tariff?
Telecommunications
On August 27, 1998, the Commission received an application from FiberComm, L.C. for a certificate of authority to provide local exchange service, intrastate and interstate long distance interexchange telecommunications services in the state of South Dakota. FiberComm, L.C. proposes to provide Internet access, resold wireless services, and other enhanced services within U S WEST exchanges in the state of South Dakota.
TODAY, shall the Commission grant a Certificate of Authority to FiberComm, L.C.?
On October 23, 1998, the Commission received an interconnection agreement between U S WEST Communications, Inc. and FiberComm, L.C.
TODAY, shall the Commission approve the interconnection agreement?
On November 30, 1998, the Commission received an application for a Certificate of Authority from Teligent, Inc. Teligent, Inc. will offer its services to small-to-medium sized business customers and other carriers. In the future, should a market demand exist, Teligent may also offer residential services. Teligent will be a reseller of long distance services and will not be building, servicing or maintaining any facilities or equipment of its own.
TODAY, shall the Commission grant a Certificate of Authority to Teligent, Inc.?
On December 24, 1998, the Commission received a request from U S WEST Communications, Inc. to revise its exchange and network services tariff. U S WEST Communications filed "to assess a $.17 per month surcharge on all Sioux Falls customer access lines for the elimination of toll services from Sioux Falls to Dell Rapids and Colton, South Dakota. U S WEST proposes this charge be effective upon installation of the necessary facilities to offer the service."
TODAY, shall the Commission approve the proposed tariff change?
On February 22, 1999, the Commission received a filing by U S WEST Communications, Inc. for approval of negotiated/arbitrated terms of agreement for interconnection, resale and unbundled elements between Northern Valley Communications and U S WEST Communications, Inc. Any party wishing to comment on the agreement could have done so by filing written comments with the Commission and the parties to the agreement no later than March 17, 1999. Parties to the agreement may file written responses to the comments within twenty days of service of the comments.
TODAY, shall the Commission approve the interconnection agreement?
Warehouse
The Commission has been appointed a Receiver by the Fifth Judicial Circuit Court to take possession of grain dealer bond proceeds of Britton Durum Corporation, Britton, South Dakota. The bond company is St. Paul Mercury Insurance Company. A hearing in this matter was held on February 18, 1999, in Aberdeen, South Dakota. On March 16, 1999, staff filed a motion for second hearing before receiver with the Commission.
TODAY, shall the Commission grant the request for second hearing?
Announcements
1. A hearing in Docket TC98-194 (Basec.Net) is scheduled for March 31-April 1, 1999, at 8:30am in Room 412 of the State Capitol, Pierre, SD.
2. Commissioner Burg will be attending a GRI meeting on April 6, 1999.
3. A hearing in docket TC98-148 (Sioux Falls Cable) is scheduled for April 8-9, 1999, at 9:00am, in Room 412 of the State Capitol, Pierre, SD.
4. Commissioners and staff will be attending the ROC meeting in Phoenix on April 11-13, 1999.
5. Hearings in dockets TC98-192 and TC98-196 (McLeod complaints) are scheduled for April 15, 1999, at 9:00 a.m., in Rapid City, SD, at the School Administration Building.
6. A hearing in docket NG98-011 (MidAmerican Rate Case) is scheduled for April 19-21, 1999, in Room 412 of the State Capitol, Pierre, SD.
7. A hearing in Docket TC98-187 (USWC catalog updates) is scheduled for April 27, 1999, at 9:30am in Room 412 of the State Capitol.
8. The next regularly scheduled Commission meeting will be held Monday, April 26, 1999, at 9:30 a.m. in Room 412 of the State Capitol Building.
Sue Cichos, Deputy Executive Director
suec@puc.state.sd.us
March 18, 1999
