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South Dakota Public Utilities Commission Meeting
Tuesday, December 14, 1999; 9:30 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 December 13, 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.
ADDENDUM TO THE AGENDA
Telecommunications
On October 21, 1999, U S WEST Communications, Inc., filed the first amendment to the Interconnection Agreement between AT&T Communication of the Midwest, Inc. and U S WEST Communications, Inc. This amendment is a negotiated amendment which replaces, in its entirety, Attachment 1, Section 2.2 of the Resale Rates and Charges section. Specifically, the amendment provides that the wholesale discount rate is 15.55% for services subject to the wholesale discount and includes billing and collection, operator services, and directory assistance. If AT&T provides its own operator and directory assistance the discount must be reduced by 2.68%; for AT&T provided billing and collection, the discount is reduced by .06%. Comments were due November 16, 1999. No parties filed comments.
TODAY, shall the Commission approve the amendment?
On October 8, 1998, the Commission received a complaint by Sheryl L. Klein against U S WEST Communications, Inc. regarding poor service. The Complainant outlines a series of service outages, repair difficulties, outdated service and staffing issues. The Complainant seeks the following relief: "We want the line fixed completely and permanently, so it functions at a 100% reliable level. We want this done now, before another winter sets in. We have been told several possible problems by U S West repairmen including aging lines and old systems. We do not know what the solution is, but want it found and implemented now. We ask that U S West be required to make whatever investment is necessary to fully remedy the problem. We also want to be reimbursed for a reasonable amount for the loss of phone service and the associated stress and hassles. We request $500.00." A hearing in this matter was held on February 3, 1999, in Mission, South Dakota. A second hearing was held on November 4, 1999.
TODAY, how shall the Commission proceed?
On October 8, 1998, the Commission received a complaint by JoAnn C. Klein against U S WEST Communications, Inc. regarding poor service The Complainant outlines a series of service outages, repair difficulties, outdated service, phantom calls, and staffing issues. The Complainant seeks the following relief: "Contact U S West and insist that our long continuation of poor service and outages be corrected. Also reimbursement or credit for days when phone lines have been out." Mrs. Klein also requests that her billing for 24 directory assistance calls and long distance calls which were not made by the Kleins be credited from their billing. A hearing in this matter was held on February 3, 1999, in Mission, South Dakota. A second hearing was held on November 4, 1999.
TODAY, how shall the Commission proceed?
On November 6, 1998, the Commission received a complaint by Lawrence Klein against U S WEST Communications, Inc. regarding poor service and a request to have lines updated. The complainant explains a history of poor and unreliable telephone service. The complainant outlines the necessity of the telephone and seeks reliable telephone service. A hearing in this matter was held on February 3, 1999, in Mission, South Dakota. A second hearing was held on November 4, 1999.
TODAY, how shall the Commission proceed?
On December 11, 1998, the Commission received a complaint from Margaret Figert, Mission, South Dakota, against USWC regarding poor service and request to have lines updated. The complaint notes a history of poor, interrupted, and sporadic service, and an inability to transmit data and use the internet. The complainant is requesting that USWC upgrade its lines throughout southern Todd County, South Dakota, or sell out to Golden West, Wall, South Dakota, who has fiber optic cable. A hearing in this matter was held on February 3, 1999, in Mission, South Dakota. A second hearing was held on November 4, 1999.
TODAY, how shall the Commission proceed?
On November 2, 1998, the Commission received a complaint by Don Jiracek against McLeod USA. The Complainant claims that a delay of installation of telephone service caused loss of income. The Complainant is seeking $33,000 in damages for lost business. On December 7, 1998, the Commission ordered a finding of probable cause to go forward with this complaint. The Commission approved the amendments to the complaint on December 14, 1998. A hearing in this matter was held on April 15, 1999. The Commission issued its decision order on August 18, 1999. GSA filed a petition for rehearing on September 13, 1999. On September 24, 1999, the Commission received a Petition for Rehearing Regarding Damages from staff. The Commission heard comments regarding the petition a November 29, 1999, regular meeting.
TODAY, shall the Commission reconsider its decision? AND IF SO, how shall the Commission proceed?
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 was 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. Staff and intervenor testimony was due September 17, 1999. On September 17, 1999, AT&T filed a motion for Extension of Time to File Testimony and requested that the Commission allow AT&T through September 23, 1999, to file its testimony. A Stipulation and Settlement Agreement was filed with the Commission on November 1, 1999. A settlement meeting was held on November 2, 1999. The amended Stipulation and Settlement Agreement was received on November 30, 1999.
TODAY, what is the Commission's decision?
Natural Gas
1. IN THE MATTER OF THE COMMISSION HIRING A WITNESS FOR ITS INVOLVEMENT IN CERTAIN ISSUES BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION REGARDING WILLISTON BASIN INTERSTATE PIPELINE. (Staff Analyst: Dave Jacobson. Staff Attorney: Camron Hoseck.)
Staff is proposing to hire Al Clark to perform duties as a witness before the Federal Energy Regulatory Commission on matters regarding Williston Basin's new rate case. The Montana Consumer Counsel and the Montana Public Service Commission are again offering to share in the cost of this request for rehearing and analysis. The proposed contract amount for the South Dakota share is $30,000.
TODAY, shall the Commission enter into a contract with Al Clark, in an amount not to exceed $30,000?
Sue Cichos
Deputy Executive Director
Sue.Cichos@state.sd.us
December 10, 1999
