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Please see1st ADDENDUM and 2nd ADDENDUM to this agenda.
South Dakota Public Utilities Commission Meeting
Tuesday, September 21, 1999; 1:30 P.M.
State Capitol Building, Room LCR 1
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 20, 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 Meeting Held On September 8, 1999. (Staff: Shirleen Fugitt.)
Natural Gas
On August 24, 1999, NorthWestern Public Service filed to revise its South Dakota Natural Gas Tariff by adjusting its fuel retention percentage in Subsection 6.2. The Gas Transportation Tariff General Terms and Conditions call for the retention percentage for the Company's South Dakota distribution system to be adjusted annually based upon the actual percentage incurred by the Company in the prior year.
TODAY, shall the Commission approve NorthWestern's tariff revisions?
Consumer Issues
1. Status Report On Consumer Utility Inquiries And Complaints Recently Received By The Commission. (Consumer Affairs: Leni Healy.)
The Commission has received 2010 consumer contacts during 1999. 96 contacts have been received since the September 8, 1999, Commission meeting.
TELECOMMUNICATIONS: 86 of the contacts involved telecommunications. 14 of the contacts involved the unauthorized switching of services, 11 billing issues were reported, 10 contacts concerned the unauthorized billing for services, 9 contacts involved raising of rates without notice, 8 contacts concerned dialing parity, 4 contacts involved service outages, 4 contacts involved telemarketers, 3 contacts concerned disconnections, 3 contacts concerned held orders, 3 contacts involved fees, 3 contacts involved repair, 2 contacts concerned poor service, 2 contacts could not get disconnected, 2 contacts involved receiving credit, and the remaining issues concerned 900 number calls, annoyance calls, unburied cable, toll blocking, and deposits.
ELECTRICITY: 9 of the contacts involved electricity issues. 5 of the contacts involved disconnection, and the remaining issues were won't connect, replacing a meter, outage and deposit.
NATURAL GAS: 1 contact involving natural gas was reported. The issue was disconnection.
A total of 1312 complaints have been resolved informally during 1999.
On March 19, 1999, the South Dakota Public Utilities Commission (Commission) received a complaint filed by Randy Kieffer, Sturgis, South Dakota, against U S WEST Communications, Inc. Complainant alleged that his service continues to be deficient, that he suffered several outages during the month of March, and that his phone service is not dependable for emergencies and family purposes. A hearing was held in this matter on June 2, 1999, in Sturgis, SD.
TODAY, Does the Commission find that U S WEST committed an unlawful or unreasonable act, rate, practice or omission and whether U S WEST is liable for damages caused the Complainant and, if so, in what amount?
On July 20, 1999, the Commission received a complaint from Steve and Judy Haberling against WorldCom Network Services. The Haberling's state that in April 1999 his long distance carrier was switched without his authorization to WorldCom Network Services, Inc. In May he was still getting charged by WorldCom for unauthorized services. He is requesting a re-rating of his long distance bill. A regularly scheduled August 17, 1999, meeting, the Commission deferred action in this matter.
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 22, 1999, the Commission received a complaint from John and Roberta Lovald against Sprint Communications Company L.P. The Complainants allege that they were billed by Sprint for services they did not authorize. A credit has been issued for the charges. The Complainants are requesting that the Public Utilities Commission take appropriate action because: " I am tired of having to bulldog our phone bills." On August 17, 1999, the Commission found probable cause and ordered the Respondent to provide a written answer to the complaint.
TODAY, Staff has an update and how shall the Commission proceed?
On July 29, 1999, the Commission received a complaint by Fred Holpp, Rapid City, South Dakota, against U S WEST Communications, Inc. regarding failure to provide service. The Complainant claims that U S WEST promised service on service dates beginning with April 30, 1999. They still do not have service. The Complainant seeks the following relief: "service." A regularly scheduled meeting of August 17, 1999, the Commission deferred action in this matter.
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 11, 1999, the Commission received a complaint from Susan Trudel, Webster, against MCI WorldCom. The Complainant claims she declined the long distance services offered by a telemarketer. Her services were switched without authorization. After contact with MCI WorldCom, the Complainant's account was credited, but billing continued. The Complainant wants measures taken to insure that service is not changed without authorization. A regularly scheduled meeting of August 25, 1999, the Commission deferred action in this matter.
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 1, 1999, the Commission received a complaint from Brad Clark Electric, Inc., Fort Pierre, against FirsTel, Inc. The Complainant alleges the Company switched telecommunications services from FirsTel to McLeod USA on July 1, 1998. FirsTel continued to bill the Company for services after being notified of the Company's wish to terminate services. The Complainant seeks to have their account with FirsTel closed and all charges removed.
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?
Dockets
On May 3, 1999, U S WEST Communications filed for Commission approval Access Service Tariff pages implementing U S WEST's IntraLATA Toll Dialing Parity Plan. U S WEST has filed an Equal Access and Network Reconfiguration Recovery Charge and rates, terms and conditions for Presubscription. SDITC and AT&T have filed to intervene in this matter. Deadline for intervention was May 21, 1999. Intervention was granted to SDITC and AT&T. A hearing in this matter is scheduled for September 30-October 1, 1999. On September 3, 1999, the Commission received a late filed Petition to Intervene from Sprint Corporation. A regularly scheduled meeting of September 8, 1999, the Commission denied Sprint's intervention request. On September 13, 1999, U S WEST filed a motion for a 30-day continuance.
TODAY, shall the Commission grant U S WEST's motion for a continuance?
On August 17, 1999, the Commission received an Interconnection agreement between U S WEST and DSLnet Communications, LLC. Parties were given a 20-day period in which to file comments. No comments were filed. The agreement adopts the previously approved AT&T/U S WEST agreement.
TODAY, shall the Commission approve this interconnection agreement?
Rulemaking
1. In the Matter of the Proposal to Amend Certain Administrative Rules Regarding Telecommunications, Electricity and Natural Gas.
Commission Staff are asking the Commission to open one or more rulemaking dockets for purposes of amending certain rules regarding telecommunications, electricity and natural gas. Proposed changes to telecommunications rules, for example, include amending the Commission's probable cause determination procedures.
TODAY, shall the Commission open one or more rulemaking dockets?
Announcements
1. The Commission's outreach booth will be at the Rapid City Senior Fest September 18-19, 1999.
2. Bill Bullard will be attending an Executive Director's meeting in Bismarck, ND, September 18-21, 1999.
3. Commissioners and staff will be attending the ROC meeting in Denver on September 26-28, 1999.
4. Heather Forney will be attending the 27th Annual Eastern Utility Rate School in Clearwater Beach, FL, on September 26-October 1, 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 Thursday, October 7, 1999, at 1:30 p.m. in Room LCR 1 of the State Capitol Building.
William Bullard, Jr.
Executive Director
bill.bullard@state.sd.us
September 14, 1999
