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Please also see Addendum to this Agenda
South Dakota Public Utilities Commission Meeting
Monday, November 1, 1999; 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 Friday, October 29, 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 October 19, 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 2276 consumer contacts during 1999. 135 contacts have been received since the October 7, 1999, Commission meeting.
TELECOMMUNICATIONS: 113 of the contacts involved telecommunications. 25 of the contacts involved the unauthorized switching of telecommunications services; 16 contacts concerned the raising of rates without notice; 14 contacts could not get service when promised; 11 contacts concerned billing issues; 10 contacts involved the unauthorized billing for services; 6 contacts involved poor local service; 6 contacts concerned telemarketers; 6 contacts reported that services were not released when requested; 4 contacts involved long distance blocks; and the remaining issues included 900 numbers, annoyance calls, credits, directory information, discrimination, double billing, fax calls, fees, payment plans, outages, and property damage.
ELECTRICITY: 9 of the contacts involved electricity issues. 7 contacts concerned
disconnections and the remaining issues were installation costs and rate increases.
NATURAL GAS: 13 contacts involving natural gas were reported. 5 contacts concerned disconnections; 3 contacts concerned billing issues; and the remaining issues were high bills, installation costs, telemarketers, and winter shut offs.
A total of 1604 complaints have been resolved informally during 1999.
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. The Commission suspended the imposition of the tariff through December 1. On October 19, 1999 staff submitted a settlement agreement between NWPS and Commission Staff. A hearing in this matter was held October 20, 1999.
TODAY, what is the Commission's decision on the settlement agreement?
Complaint Dockets
On July 8, 1999, the Commission received a complaint filed by Thelma "Sally" Fox, Huron, South Dakota, against Touchtone Communications. The Complainant alleges that she was contacted by a telemarketer wishing to switch her long distance service. The Complainant claims she declined the offer but requested that information be sent to her. She later received a billing from Touchtone Communications. Touchtone Communications is not listed as a company holding a Certificate of Authority from the Public Utilities Commission. The Complainant seeks the following relief: "I'd like these charges removed from my telephone bill." The Commission found probable cause a July 29, 1999 meeting. A hearing in this matter was scheduled for October 26, 1999. The hearing was cancelled.
TODAY, if the matter is resolved, shall the Commission dismiss the complaint and close the docket?
On July 19, 1999, the Commission received a complaint by Lynnette Braun, Rapid City, South Dakota, against National Billing Exchange Special Services regarding unauthorized switching of services. Complainant alleges that in January 1999, National Billing Exchange billed her $39.95 for unauthorized services. Complainant is requesting that National Billing Exchange be held responsible for its actions. The Commission found probable cause a August 17, 1999, meeting. A hearing was scheduled for October 15, 1999. The hearing was cancelled.
TODAY, if the matter is resolved, shall the Commission dismiss the complaint and close the docket?
On July 26, 1999, the Commission received a complaint by John and Shirley Hatch, Pierre, South Dakota, against Qwest Communications, Inc. regarding unauthorized billing for services. The Complainants allege that they were billed by Qwest for services they did not authorize. The Complainants are requesting $1000 in damages and complete forgiveness of the charges. A regularly scheduled meeting of August 17, 1999, the Commission found probable cause in this matter and ordered Respondent to provide a written answer to the complaint. A hearing was scheduled for September 23, 1999. On September 15, 1999, Complainant's attorney filed a motion for a continuance of the hearing. A continuance was granted at the September 21, 1999, Commission meeting. A hearing was rescheduled for October 27, 1999. On October 15, 1999, the Commission received a Motion To Dismiss from Qwest Corporation. On October 22, 1999, the Commission received a request to amend the Complaint filed by John and Shirley Hatch to add WCS Telecom and WCS Telecom's customer, Western Communications, Inc. The October 27 hearing was cancelled. The hearing is tentatively being rescheduled for December 15, 1999.
TODAY, shall the Commission grant Qwest's motion to dismiss? AND, shall the Commission grant the complainant's request to amend the complaint?
On July 29, 1999, the Commission received a complaint by Bryan and Natalie Parks, Rapid City, South Dakota, against Western Telecom regarding unauthorized billing for services. Natalie Parks claims that they received a telemarketing call from Western Telecom offering service. Ms. Parks states that they refused the offer. The Parks received a billing. The Commission found probable cause a August 17, 1999, meeting. A hearing in this matter was scheduled for October 15, 1999. The hearing was cancelled.
TODAY, if the matter is resolved, shall the Commission dismiss the complaint and close the docket?
On August 5, 1999, the Commission received a complaint by Evelyn Weaver, Pierre, South Dakota, against Western Telecom regarding unauthorized billing for services. The Complainant was billed for unauthorized service. The Complainant seeks the following relief: "They should be banned from operation." The Commission found probable cause on August 17, 1999. A hearing was held on September 23, 1999.
TODAY, what is the Commission's decision?
The Complainants claim that they were billed for services which were not authorized. The Complainants have been unsuccessful in reaching a resolution with Touchtone Communications and are seeking assistance through the Public Utilities Commission. The complaint was filed with the Commission on August 10, 1999. The Commission found probable cause a August 25, 1999, meeting. A hearing in this matter was scheduled for October 15, 1999. The hearing was cancelled.
TODAY, if the matter is resolved, shall the Commission dismiss the complaint and close the docket?
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. The Commission found probable cause in this matter on September 8, 1999.
TODAY, if the matter is resolved, shall the Commission dismiss the complaint and close the docket?
The Complainant alleges that she was billed for services she didn't request. The Complainant requests a credit of the charges and $1000 in damages. The complaint was filed August 12, 1999. The Commission found probable cause a August 25, 1999, meeting. A hearing in this matter was scheduled for October 26, 1999. The hearing was cancelled.
TODAY, if the matter is resolved, shall the Commission dismiss the complaint and close the docket?
On October 19, 1999, the Commission received a formal complaint from Shirley Noble, Rapid City, South Dakota, against Preferred Billing regarding unauthorized billing for services. Complainant alleges her long distance provider was switched without her authorization. Complainant requests that the $1000 fine be awarded to her and that the state law be enforced.
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 21, 1999, the Commission received a formal complaint from Marilyn Taylor, Pierre, South Dakota, against AT&T regarding billing issues. Complainant alleges when she was contacted by AT&T for long distance service, she requested instructions on using access codes for instate long distance. The Complainant further alleges that the AT&T representative indicated no access code was needed. As a result of those instructions, the Complainants intraLata calls were billed by U S WEST at a much higher rate. The Complainant claims she was also promised 180 free minutes of calling which she did not receive. For relief, the Complainant believes AT&T should either pay $433 to U S WEST for those calls plus $27 for the unreceived free minutes or credit all calls back to $0.10 a minute and credit USWC for them.
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 September 15, 1999, the Commission received an application from Corporate Billing Management, Inc. for a Certificate of Authority to provide telecommunications services in South Dakota. Corporate Billing Management, Inc. intends to provide intrastate inbound and outbound long distance telecommunication services by reselling telecommunication facilities of the underlying common carrier Sprint.
TODAY, shall the Commission grant a Certificate of Authority to Corporate Billing Management, Inc.?
Upon its own motion and pursuant to its August 26, 1999, order, the Commission opened this docket to determine whether to reclassify intraLATA toll and wide-area telephone services from "emerging competitive" to "fully competitive" as permitted by SDCL 49-31-3.2. The intervention deadline was October 8, 1999. On October 8, 1999, Sprint and Telecommunications Resellers Association filed petitions to intervene.
TODAY, shall the Commission grant intervention to Sprint and Telecommunications Resellers Association?
On October 6, 1999, the Commission received an application by Avera Communication, L.L.C. for a Certificate of Authority to provide telecommunications services in South Dakota. Avera Communication, L.L.C. intends to provide resale and facilities-based interexchange services. Avera Communication plans to offer its services to residential, commercial and business customers.
TODAY, shall the Commission grant a Certificate of Authority to Avera Communication, L.L.C.?
Electric
1. IN THE MATTER OF THE ONE-TIME SPECIAL UNDERGROUNDING ASSESSMENT BY NSP IN SIOUX FALLS. (Staff Analyst: Heather Forney. Staff Attorney: Karen Cremer.)
Sioux Falls City ordinances require NSP to relocate overhead facilities in the downtown Sioux Falls area to underground whenever the adjacent streets are resurfaced. These streets were resurfaced in 1999. The NSP Tariff book rules Section 5.5 provides that NSP will comply with lawful orders like this of a municipality and that NSP will charge the cost of the project to the benefited customers. The breakdown of the cost of this project to the individual customers will be approximately $2 and will be placed on the customer's bills in the month of November, 1999.
TODAY, staff has further information. AND, how shall the Commission proceed?
Rulemaking
1. IN THE MATTER OF THE PROPOSAL TO AMEND CERTAIN ADMINISTRATIVE RULES REGARDING TELECOMMUNICATIONS, ELECTRICITY AND NATURAL GAS. (Staff Attorney: Camron Hoseck. Executive Director: Bill Bullard.)
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, certificate of authority territory designations, advertising included with gas and electric bills, and modification of the scope and application of general telecommunications company rules.
TODAY, shall the Commission open one or more rulemaking dockets?
Miscellaneous
1. IN THE MATTER OF COMMISSION STAFF HIRING A CONSULTANT(S). (Staff Attorney: Camron Hoseck. Executive Director: Bill Bullard.)
Staff seeks authority from the Commission to authorize the executive director to enter into one or more contracts for purposes of one or more individuals to provide technical advice to staff and expert witness services in pending and future dockets. Included in such authorization, if granted, would be the authority to expend a total composite amount not to exceed $30,000 on one or more of such contracts.
TODAY, shall the Commission authorize the Executive Director to enter into contracts up to $30,000?
Announcements
1. A hearing in docket CT99-006 (Tele-Tech v USWC) will be held at 1:00pm on November 1, 1999, in Room 412 of the State Capitol.
2. A hearing in docket TC99-053 (USWC dialing parity costing) will be held at 9:00am on November 2-3, 1999, in Room 412 of the State Capitol.
3. A hearing in dockets TC98-183, TC98-184, TC98-199, and TC99-212 (Mission complainants v USWC) will be held on November 4, 1999, at Cherry-Todd Electric in Mission, South Dakota at 1:30pm.
4. Commissioners and staff will be attending the NARUC meeting on November 7-11, 1999, in San Antonio, Texas.
5. The Commission offices will be closed on November 11, 1999, in observance of Veterans Day.
6. A hearing in docket CT99-020 (Holpp v USWC) will be held on November 17, 1999, at 9:00am MST in Rapid City.
7. A hearing in docket CT99-026 (Raker v USWC) will be held on November 17, 1999, at 1:00pm MST in Rapid City.
8. A hearing in docket CT99-023 (Schuelke v USWC) will be held on November 18, 1999, at 9:00am MST in Rapid City.
9. A hearing in docket CT99-027 (Peltz v USWC) will be held on November 18, 1999, at 1:00pm MST in Rapid City.
10. A hearing in docket TC99-099 (USWC reclassification) will be held on November 22, 1999, at 9:00am in Room 412 of the State Capitol.
11. A hearing in docket TC99-098 (USWC reclassify directory assistance) will be held on November 23, 1999, at 9:00am in Room 412 of the State Capitol.
12. A hearing in docket CT99-043 (Suing v AT&T) will be held on November 30, 1999, at 1:30pm, at the Oaks Hotel and Convention Center in Sioux Falls.
13. A hearing in docket CT99-028 (Hamption Inn v USWC) will be held on December 1, 1999, at 9am, at the Oaks Hotel and Convention Center in Sioux Falls.
14. A hearing in docket CT99-012 (Wolf v Matrix) will be held on December 1, 1999, at 3pm, at the Oaks Hotel and Convention Center in Sioux Falls.
15. A hearing in docket CT99-029 (Baus v Excel) will be held on December 2, 1999, at 9am, at the Oaks Hotel and Convention Center in Sioux Falls.
16. A hearing in docket CT99-032 (Reidy v Sprint) will be held on December 2, 1999, at 1pm, at the Oaks Hotel and Convention Center in Sioux Falls.
17. A hearing in docket CT99-041 (Cook v Budget Call) will be held on December 9, 1999, at 10am, at the Spink County Courthouse in Redfield, South Dakota.
18. A hearing in docket CT99-004 (Frankenstein v USWC) will be held on December 9, 1999, at 12:30pm, at the Spink County Courthouse in Redfield, South Dakota.
19. A hearing in docket CT99-018 (Hatch v Qwest Communications) is tentatively scheduled for 1:30pm on December 15, 1999, in Room 412 of the State Capitol.
20. The next regularly scheduled Commission meeting will be held Monday, November 15, 1999, at 10:00 a.m. in Room LCR#1 of the State Capitol Building.
Sue Cichos
Deputy Executive Director
sue.cichos@state.sd.us
October 25, 1999
