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Please see Addendum to this Agenda
South Dakota Public Utilities Commission Meeting
Wednesday, September 8, 1999; 9:00 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 September 7, 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 August 17 and 25, 1999. (Staff: Shirleen Fugitt.)
Natural Gas
On June 1, 1999, the Commission received an application from NorthWestern Public Service, a division of Northwestern Corporation, for an increase in rates for natural gas service in South Dakota. The Company has requested that the proposed increase of $2,108,112 or approximately 6.3% become effective July 1, 1999. On June 22 the Commission suspended the imposition of the tariff for 90 days to October 1. A hearing in this matter is scheduled for October 20-21, 1999.
TODAY, shall the Commission suspend the imposition of the tariff for another 90 days?
On August 9, 1999, the Commission received a filing by MidAmerican Energy Company for approval of tariff revisions. MidAmerican Energy Company is filing to revise their South Dakota Gas Tariff by adding Subsection 5.10 Excess Flow Valves. The new subsection defines the charges and policies MidAmerican will follow concerning the installation of excess flow valves.
TODAY, shall the Commission approve the proposed tariff revisions?
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Representative: Leni Healy.)
The Commission has received 1914 consumer contacts during 1999. 155 contacts have been received since the August 17, 1999, Commission meeting.
TELECOMMUNICATIONS: 129 of the contacts involved telecommunications issues. 17 of the contacts involved the unauthorized switching of long distance service; 16 of the contacts concerning the unauthorized billing for services; 14 contacts concerned poor service; 9 contacts concerned disconnections, 9 contacts involved fees; 8 contacts involved raising of rates without notice; 8 contacts concerned telemarketers; 7 contacts involved service outages; 7 contacts concerned billing; 6 contacts involved the inability to get released from a previous carrier; 6 contacts could not get service when promised; 4 contacts involved 800/900 numbers; 4 contacts involved unburied cable; and the remaining issues were calling cards, cellular service, dialing parity, and high charges.
ELECTRICITY: 17 of the contacts involved electricity issues. 9 of the contacts concerned disconnections, 2 contacts involved bad meters; 2 contacts involved installation problems and the remaining issues were damages, billing, rates and an energy audit.
NATURAL GAS: 4 contacts involved natural gas. Those issues were billing errors, high bill, disconnection and refund of deposit.
A total of 1320 complaints have been resolved informally during 1999.
On June 21, 1999, the Commission received a complaint from Brady and Tiffiny Cramer, Sioux Falls, South Dakota, against MCI WorldCom regarding unauthorized switching of long distance service. The Complainants allege that their long distance telecommunications service was switched without their authorization. After several attempts to correct the problem over the past year, they remain unsatisfied. The Complainants are seeking a re-rating of their billing to 10 cents per minute plus an amount to hold the companies accountable for their difficulty. Probable cause in this matter was found on July 13, 1999.
TODAY, staff has an update. AND, if the matter is resolved, shall the Commission dismiss the complaint and close the docket?
On August 4, 1999, the Commission received a complaint by Harry Harvison, Platte, South Dakota, against MCI WorldCom regarding unauthorized billing for services. The Complainant claims that MCI, through OAN, sent a billing for services which were not authorized. The Complainant is requesting to: "get rid of OAN" and determine who is responsible.
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?
The Complainant alleges that installation of service for 12 lines to the Hampton Inn was delayed. The Hampton Inn was not informed of the delay until the day before the scheduled business opening. The Complainant further alleges that U S WEST Communications sent two billings for the same lines. The Complainant is seeking punitive damages, a credit of charges, and a commitment for customer care. The complaint was filed with the Commission on August 9, 1999.
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?
The Complainant states that she is a customer of DTG and WorldCom. The Complainant claims that Excel Telecommunications billed her for services after WorldCom had been authorized as the chosen carrier. The Complainant is seeking a credit of the charges and penalties. This complaint was filed with the Commission on August 9, 1999.
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?
The Complainant claims that he attempted to switch two telephone numbers to AT&T from MCI. Only one number was released. MCI continued to bill for the second number. The Complainant is seeking reimbursement and an admission of guilt from MCI. The complaint was filed with the Commission August 11, 1999.
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?
The Complainants allege that U S Republic Communications switched their long distance service without authorization. The Complainants are seeking credit of the charges and $1000 in damages. The complaint was filed with the Commission August 13, 1999.
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 8, 1999, the Commission received a complaint by Lyle Tunheim, Andover, South Dakota, against MCI WorldCom regarding increase in rates without notice. The Complainant indicates that he was contacted by a telemarketer representing MCI offering a rate of 10 cents per minute for long distance calling. The Complainant then received a billing in which he was charged up to $3.04 per minute. The Complainant wishes the billing to be rerated to 10 cents per minute.
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 9, 1999, the Commission received a complaint from Loren A. Odland, Arlington, South Dakota, against Preferred Billing regarding unauthorized switching of services. The Complainant indicates that phone service for Trinity Lutheran Church was switched to Preferred Billing without authorization during December 1998. The Complainant has been unable to successfully resolve the dispute and is seeking complete reimbursement of charges and penalties assessed.
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?
Telecommunications
On November 19, 1998, the Commission received an interconnection agreement between U S WEST Communications, Inc. and Advanced Communications Group, Inc. Any person wishing to comment on the parties' request for approval had until December 14, 1998 to do so.
TODAY, shall the Commission approve the proposed interconnection agreement?
On April 19, 1999, Concert Communications Sales LLC filed a request for a Certificate of Authority to provide local telecommunications services on a resale basis throughout South Dakota. They plan to provide local telephone service, access service, private line, internet access service and data transmission services.
TODAY, shall the Commission grant a Certificate of Authority to Concert Communications Sales LLC?
On June 11, 1999, Convergent Communications Services, Inc. filed for a Certificate of Authority to provide telecommunications services in South Dakota. Convergent Communications Services, Inc. is a reseller who intends to offer interexchange telecommunication services in South Dakota. Services include 1+ and 101XXXX direct outbound dialing, toll free inbound and travel card services.
TODAY, shall the Commission grant a Certificate of Authority to Convergent Communications Services, Inc.?
On June 29, 1999, CallManage, Inc. filed for a Certificate of Authority to provide telecommunications services in South Dakota. CallManage, Inc. asks to provide intrastate, interexchange telecommunications services in South Dakota . CallManage is proposing to offer 1+ and 101XXXX direct outbound dialing, 800/888 toll free inbound dialing and travel card service.
On June 30, 1999, the Commission received an application from JATO Operating Two Corp. for a Certificate of Authority to provide local exchange services in South Dakota. JATO Operating Two Corp. intends to provide facilities-based and resold competitive local exchange services. JATO requests authority to provide services throughout U S WEST territories.
TODAY, shall the Commission grant a Certificate of Authority to JATO Operating Two Corp.?
Announcements
1. The Commission's outreach booth will be at the State Fair in Huron on August 31-September 6, 1999.
2. The Commission offices will be closed on Monday, September 6 in observance of Labor Day.
3. Bill Bullard will be attending an Executive Director's meeting in Bismarck, ND, September 18-21, 1999.
4. Commissioners and staff will be attending the ROC meeting in Denver on September 26-28, 1999.
5. A hearing in docket TC99-053 is scheduled for September 30-October 1, 1999, at 9:00 a.m. in Room 412 of the State Capitol.
6. A hearing in docket NG99-002 is scheduled for 9:00 a.m. on October 20-21, 1999, in Room 412 of the State Capitol.
7. The next regularly scheduled Commission meeting will be held Tuesday, September 21, 1999, at 1:30p.m. in Room LCR#1 of the State Capitol Building.
_________________________________
Sue Cichos, Deputy Executive Director
suec@puc.state.sd.us
September 1, 1999
